Custom Expansion Joints, Inc.

313 N. Stewart Rd * Liberty, MO 64068 * Phone: 800-235-9259 * FAX: 800-235-9261 * email: info@cej.com

CEJ Terms and Conditions:

All goods are offered by CEJ on the following conditions:
  1. QUOTATION TERMS -  All quotations are for immediate acceptance and are for  orders in the quantities shown.  Unless previously withdrawn, this quotation expires within 30 days from date hereof.  The customer’s order, whether on this quotation or otherwise, shall be an offer and shall not be binding on CEJ until accepted by and credit is approved by CEJ.
     
  2. PRICES - Unless specified, prices do not include taxes.  Tax liability rests with customer.  Price escalation, if applicable, will be stated on the quotation.
     
  3. PAYMENT TERMS:
    1. Net 30 days from Date of Invoice (NOT from date invoice was received) U.S. funds unless otherwise stated on face of this quotation.
    2. CEJ will not accept any type of charge back or hold back of funds for any reason unless otherwise confirmed in writing by CEJ management.
    3. Invoices issued to cover “Prepaid Freight”, “Prepayments” and “Progressive Payments” are due upon receipt of CEJ invoice.
    4. Interest at the rate of 2% per month (24% per annum) will be charged on accounts effective 45 days after invoice date.
      (The 45 day period includes 15 days total mail transfer time from CEJ to customer and back to CEJ.)
       
  4.  SHIPMENT TERMS:
    1. Unless otherwise stated, shipments, will be effected F.O.B. Factory, freight charges collect or third party billing.  Title to goods and responsibility for same are transferred to customer upon acceptance of shipment by carrier.  The responsibility for claims for freight damage will be that of the customer.
    2. When required, prepayment of freight charges will be made by CEJ, however this prepayment is made as a convenience to customer and customer remains responsible for shipment upon consignment to carrier.
       
  5. DESIGN RESPONSIBILITY - Unless specifically stated in writing to the contrary, design responsibility for the piping or ducting system in which CEJ’s products will be installed rests with the customer. CEJ’s responsibility is for design of individual system components in accordance with specific component design data provided to CEJ by the customer.  CEJ is not responsible for the integral function of components in the customer’s system.  CEJ will design products based on design information provided by the customer or its representative etc.  CEJ is not responsible for the accuracy of the design information provided by others. Improper design and performance of CEJ products due to improper information will void warranty.
     
  6. RECEIVING INSPECTION BY CUSTOMER - It is the customer’s responsibility to promptly inspect the parts received for dimensional conformance and shipping damage and report any discrepancies to CEJ in writing in accordance with Paragraph 9 “Claims”.
     
  7. INSTALLATION INSTRUCTIONS - All CEJ products must be installed in accordance with respect to the design data provided by the customer.  Failure to comply with proper installation procedures will nullify warranty.
     
  8. WARRANTY - CEJ warrants products to be free of defects in material and workmanship (not including labor) and to operate satisfactorily for a period of one (1) year from date of system start up under the conditions for which the products were designed or (1) year from date of shipment, whichever occurs first.  The effects of corrosion, erosion, aging, and normal wear are specifically excluded from this warranty.  With respect to equipment and accessories furnished hereunder but manufactured by others, CEJ shall use all reasonable efforts to require that the manufacturers honor their respective warranties but unless otherwise stated in CEJ’s Proposal, CEJ shall have no further liability for such equipment and accessories.  CEJ will allow no charge (other than freight) for labor, expenses or damage occasioned by defective materials. Except as set forth, no other warranty either expressed or implied is made by CEJ to the customer.  CEJ shall have no liability whatsoever for payment of incidental or consequential damages, including without limitation, installation costs and damages for personal injury and property.  No contingent liability is expressed or implied herein.  Improper installation or misuse will void  warranty.  Warranty extensions or changes can be purchased prior to shipment.  THE FOREGOING WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EXCEPT THAT OF TITLE, WHETHER WRITTEN, ORAL, OR IMPLIED, IN FACT OR IN LAW (INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE).
     
  9. WARRANTY CLAIMS/CLAIMS - All claims must be made with CEJ’s Customer Service Manager by phone or in writing.  Claims made by phone must be confirmed in writing within 10 days.  CEJ reserves the right to verify any or all claims at customer’s job site and/or request that parts be shipped back to CEJ for repair.  In the event a problem is acknowledged as CEJ’s responsibility, CEJ has the option of correcting the problem at our plant or the job site with CEJ personnel or personnel hired at the job site by CEJ.  The customer is not authorized to proceed with any rework without specific authorization in writing by CEJ to do so.  Warranty claims will not delay payment (see section 3B).  The customer will be liable for rework performed without specific authorization by CEJ and such rework may nullify warranty.  Refer to Paragraph 8 for limits of warranty.
     
  10. DELAYED DELIVERY -
    1. CEJ shall not be responsible for delayed delivery or for non-delivery caused directly or indirectly by strikes, fires, Government demands or requirements, or by any circumstances whatsoever beyond the control of CEJ.
    2. In event the merchandise ordered herein is ready for shipment by CEJ but such delivery cannot be effected because of any act of any Governmental, public or quasi public body or by reason of any decision by the transportation company or companies the facilities of which are ordinarily used for such delivery, or change orders by the customer that effect delivery, the customer shall become liable for the purchase price thereof notwithstanding that delivery cannot be made by CEJ.  CEJ, however, agrees to store such merchandise at a place in the U.S.A. designated by the customer and solely at the customer’s cost and expense.  If no place of storage is designated by the customer, then CEJ shall select a place of storage and charge expenses incurred to the customer.
    3. CEJ shall not be responsible for additional freight charges due to changes by the customer that effect delivery time.
       
  11. REPRESENTATIONS - No representation, warranty or statement, either expressed or implied shall be binding on CEJ unless duly confirmed by CEJ in writing.
     
  12. LITIGATION - In the event of suit to enforce this obligation, Customer agrees to pay costs, reasonable attorney’s fees and interest at 18% ANNUAL PERCENTAGE RATE on all amounts claimed.  Such suit may be brought in Liberty, Missouri, at CEJ’s option, and this contract shall be construed according to the laws of the State of Missouri.



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