ORCO BLOCK CO., INC. / ORCO PAVINGSTONES / ORCO MORTARLESS WALLS / ORCO BLENDED PROD ("ORCO")
TERMS AND CONDITIONS OF SALE
1. QUOTATIONS: Written quotations will be honored for 30 days from the written quotation date.
2. PURCHASE ORDER: Pricing on signed Confirmation Purchase Orders will be honored for 90 days from date of signature. Thereafter, any remaining unshipped units are subject to re-pricing and storage charges.
3. TAXES: All federal, state and local taxes shall be paid by the customer (“CUSTOMER”). State sales tax exemption requires a valid California resale certificate. Exemptions for projects on Indian reservations require special documentation and delivery procedures, which are solely the responsibility of the CUSTOMER.
4. PALLETS: ORCO supplies product on wooden pallets. The CUSTOMER will be invoiced a net security deposit plus a net rental charge on each pallet and then credited the security deposit in-full if the pallets are returned in acceptable condition within (30) days of delivery.
5. PAYMENT TERMS: All terms other than payment in advance are subject to credit approval. The stated trade discount and/or net prices on the invoice include a 3% allowance for breakage and variations in color, size, texture, and aggregate exposure. Payment in-full shall be due on the 1st and delinquent on the 10th of the month following the invoice date. Failure to pay on or before the date of delinquency shall allow ORCO to charge CUSTOMER interest at 18% or the maximum allowable rate by law commencing on the due date plus all costs of collection, including reasonable attorneys’ fees. The foregoing rights are without prejudice to any other lawful remedy of ORCO.
6. DRAYAGE AND TRANSPORTATION: Deliveries are made 5 days per week, Monday through Friday. Delivered prices are quoted on the basis of full truck loads, which is determined by product weight and published count per pallet. On less than full truck loads, additional charges will be invoiced to the CUSTOMER. On deliveries to more than 1 job site within 5 miles, there will be a split delivery charge. Delivered items will not be placed inside the curb line unless responsibility is assumed, in writing, by the contractor or property owner and then only at the discretion of the driver. ORCO shall not be liable for any damages inside the curb. Deliveries into areas designated "special or hill" on the Rock and Sand Zone Map or outside ORCO’s standard delivery zone may result in additional charges to the CUSTOMER’S account. Quoted FOB destination prices include delivery within ORCO's standard delivery zone and 1 hour for unloading. All delivery costs beyond those included in the destination prices shall be paid by the CUSTOMER. Additional unloading time due to CUSTOMER’S request, poor job site conditions, traffic congestion at job site, waiting for other crafts, general contractor delays, or securing an acceptance signature, etc., will be invoiced to the CUSTOMER at the current overtime rate. Pallets will be picked up at no charge at a location where we are making a delivery if they are properly stacked and accessible by forklift.
7. CUSTOMER RETURNS: A restock charge of 25% will apply on "stock" products accepted for credit. Damaged or excessively dirty product are non-returnable. Product returned via our truck will result in backhaul charges that are the CUSTOMER’S responsibility. No credit will be allowed on "non-stock" products, including colored split face and smooth units; special shapes, textures, and sizes; and dark colors such as chocolate, black, brown, and mission. The CUSTOMER is responsible for all order quantities. ORCO assumes no responsibility for calculated estimates, including the website estimators.
8. SPECIAL ORDERS: Once accepted by ORCO, special orders cannot be changed, modified, or canceled without ORCO’s written consent. If special order product is not shipped and invoiced to the CUSTOMER within 60 days of production, the remaining product will be invoiced and subject to storage charges. Once invoiced, the remaining product must be picked up from ORCO's plant within 30 days of invoice date. After 30 days, the product will be discarded. Special orders are priced with the understanding that ORCO will supply all concrete masonry products and pavers for that particular project. If the CUSTOMER uses another supplier for a portion of the project, ORCO will re-price all special order products, including product already shipped.
9. MOLDS AND SPECIAL EQUIPMENT: Any molds or other special equipment that ORCO constructs or acquires for a CUSTOMER’S special order shall be charged to the CUSTOMER. These molds and equipment shall remain the property of ORCO and in its possession and control. ORCO may use them for any purpose subsequent to fulfilling the original order.
10. WARRANTY & CLAIMS: ORCO warrants the articles delivered here to conform to standards and specifications ORCO publishes at the time of shipment. ORCO MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED (INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSES), OTHER THAN THE FOREGOING EXPRESS WARRANTY. Use or installation of the product by the CUSTOMER shall be an admission by the CUSTOMER and conclusive proof that such articles are in every respect as warranted and shall release ORCO from any and all claims for damage or loss sustained by CUSTOMER. For product not yet installed, CUSTOMER must submit a written breach of WARRANTY notice within 7 calendar days of delivery. Upon ORCO's request, CUSTOMER is responsible for all costs incurred in returning product to the originating ORCO manufacturning facility for evaluation. If ORCO’s investigation supports the claim, the parties agree that CUSTOMER’S sole and exclusive remedies shall be replacement of the defective article or refund of the price of the defective article. IN NO EVENT SHALL ORCO BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. Variations in color or shades of color, texture, and amount of aggregate visible are inherent in integrally colored, split face, burnished, and shot blasted concrete products. Exact matches are never guaranteed. No claims will be allowed for these variations. Since gray concrete products reflect the natural color of the raw materials used (no color(s) are added during manufacturing). ORCO will reject any claim regarding gray color variation. ORCO recycled content products may reveal multiple colors and textures of the reclaimed materials used in each batch. Therefore, ORCO cannot accept any responsibility for color and texture inconsistencies on recycled content products. Efflorescence (white powdery deposit) is a naturally occurring phenomenon and is not considered a defect. Samples of ORCO concrete products are submitted as representative of type, color, shade, and texture. The products subsequently furnished may vary from such samples. ORCO will not be liable for and will not recognize any claims made after the start of installation on products said to be incorrectly sized or shaded, inconsistent texture, not matching prior shipments, or otherwise held to be unsatisfactory. Any charges incidental to inspection or tests made by or on behalf of the CUSTOMER to determine compliance with specifications shall be paid by the CUSTOMER. All product weights are established by ORCO and subject to change without notice. ORCO does not obligate itself to furnish signed receipts for material delivered. Published product counts per pallet are approximate and are subject to change without notice.
11. FORCE MAJURE: ORCO shall not be liable for any failure or delay of performance due to causes beyond its control including, but not restricted to, acts of God or the public enemy, floods, fires, earthquakes, hostilities, war (declared or undeclared), acts of either general or particular application of any de jure or de facto government or any of its subdivisions, bureaus or agencies, strikes or other labor troubles, whether direct or indirect, riots, terrorist acts, insurrections, civil commotion, loss or shortage of labor, transportation, raw materials or energy sources or failure of usual means of supply. Should a failure or delay in ORCO’s performance occur because of any of the foregoing, ORCO shall have the option of either canceling the order or delaying performance hereunder for any reasonable period of time, during which this agreement shall remain in full force and effect. ORCO shall notify CUSTOMER as to the reason for its failure or delay in performance, and as to whether it has canceled the order or delayed performance hereunder. If performance is delayed, ORCO shall also notify CUSTOMER as to the period of time during which delay is likely to continue. ORCO may allocate available goods between its own uses and those of its CUSTOMERS’ in such a manner as ORCO may consider equitable. ORCO shall not be liable for incidental or consequential damages for failure or delay in performance under any circumstances whatsoever, whether beyond ORCO’s control or not. No waiver or breach of any provision hereof shall constitute a waiver or breach of any other provisions. ORCO’s failure to object to provisions contained in any communication from the CUSTOMER shall not be deemed an acceptance of the terms of such communication or a waiver of the provisions of these terms and conditions. Any changes to these terms and conditions of sale must be in writing. ORCO SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES WHATSOEVER FOR LOSS, DAMAGE, OR EXPENSE DIRECTLY OR INDIRECTLY ARISING FROM USE OF MATERIAL; NOR SHALL ORCO BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL OR ANY OTHER DAMAGES.
12. PRELIMINARY NOTICES: The State of California requires certain information to be contained in Preliminary Notices filed by subcontractors and suppliers of labor and/or materials on construction projects. CUSTOMER agrees, and recognizes that it is a material obligation of CUSTOMER, to furnish upon request all information needed by ORCO to timely file a Preliminary Notice on any construction project for which ORCO is furnishing materials hereunder.
13. CALIFORNIA PROPOSITION 65 WARNING: Concrete masonry products contain crystalline silica, which is known to the State of California to cause cancer. Mechanical processes such as dry saw cutting, chipping, drilling or grinding of concrete masonry products may result in the release of dust containing respirable crystalline silica-quartz. Use the minimum respiratory and eye protection, NIOSH or MSHA approved, for control measures as specified in the Material Safety Data Sheet (MSDS) for Concrete Masonry Products, Section VIII, provided by ORCO upon request. FAILURE TO USE THE APPROPRIATE RESPIRATORY PROTECTION DURING PROLONGED EXPOSURE TO RESPIRABLE CRYSTALLINE QUARTZ MAY CAUSE DELAYED (CHRONIC) LUNG INJURY (SILICOSIS) AND HEAVY SHORT TERM EXPOSURE MAY CAUSE ACUTE OR RAPIDLY DEVELOPING SILICOSIS.