Superior Roof Metals || Terms of Sale

1. A service charge will be assessed on late payments at the rate of 1.5% per month (18% per annum) or the maximum permissible rate under applicable law, whichever is less (Maximum Rate) If any service charge in excess of the Maximum Rate is provided for, or shall be adjudicated to be so provided for, Customer (debtor) shall not be obligated to pay any service charge in excess of the Maximum Rate and any such excess service charge which may have been collected shall be either applied as a credit to the then outstanding balance of amounts owed to Superior Roof Metals II, LLC, if any, or refunded to Customer (debtor).”
2. Customer (debtor) agrees to pay Superior Roof Metals II, LLC’s  costs and reasonable attorneys’ fees for services employed for collection of any account or enforcement of any agreement between Customer (debtor) and Superior Roof  Metals II, LLC, including costs and fees incurred in all matters of construction and interpretation, whether incurred before, during, or after suit, in trial or on appeal and whether incurred for product purchases, non-paid service charges, interest , fees or taxes that may be due.
3. Customer (debtor) will pay for all purchases. Payment is due based on the terms extended from date of invoice if a credit account is authorized. Those terms will be listed on your invoice.  Superior Roof Metals II, LLC, reserves sole discretion in the application of payments. Existing finance charges, if any, may have payments immediately applied to them with the remaining monies applied to past due invoices.
4. All payments shall be made to Superior Roof Metals II, LLC at 890 Faulstich Ct. San Jose, CA     This application and all transactions shall be construed according to the laws of the State of California.  In the event of a dispute hereunder that cannot be resolved between the parties, such dispute shall be submitted to and determined in binding arbitration.  The arbitration shall be conducted by a single arbitrator mutually agreed upon by the parties.  If the parties have not selected an arbitrator within ten (10) days after any party has notified all of the other parties of its demand for arbitration in writing, the arbitrator shall be selected in accordance with the then current rules of Judicial Arbitration and Mediation Services (“JAMS”).  The arbitrator shall have authority to fashion such equitable and/or legal relief as the arbitrator, in his or her sole discretion, may determine.  Such an award shall be a final and binding determination of the dispute and shall be fully enforceable as an arbitration decision in any court having jurisdiction and venue over the parties.  The prevailing party (as determined by the arbitrator) shall in addition be awarded such party’s attorneys’ fees, expert witness fees, and expenses in connection with such proceeding.  The non-prevailing party (as determined by the arbitrator) shall pay the arbitrator’s fees and expenses.  The parties shall have all rights of discovery available to a civil litigant in California Superior Court.  The decision of any arbitrator pursuant to this paragraph shall be made in accordance with the laws of the State of California (excluding that body of law denominated as the choice of law rules) and shall include the determination of a prevailing party.  All arbitration proceedings shall be conducted by JAMS in Santa Clara County, California, and in accordance with their rules, except as otherwise stated herein.  The duty to arbitrate shall survive any cancellation or termination of this document.  BY Signing the invoice, THE PARTIES TO THIS AGREEMENT ARE GIVING UP THEIR RESPECTIVE RIGHTS TO A JURY TRIAL
5. The Customer (debtor) further certifies that the Customer (debtor) assumes all liability for payment of the tax if the goods ordered pursuant to this agreement are used or consumed in such a manner as to render the sale of goods subject to tax even if it is not specified on a quote. Without currently valid resellers permit on file at Superior Roof  Metals II, LLC, the Customer (debtor) will automatically be charged sales tax.
6. Customer (debtor) agrees to pay a minimum service /handling charge of $25.00 on any check returned unpaid by the Customer’s (debtor’s) bank to Superior Roof Metals II, LLC.
7. Special quotations may be subject to non-standard credit terms. Customer (debtor) understands that there are no returns, refunds or credits on special order items and/or custom fabricated items.  Special Order items and custom fabricated items are non-cancellable once the order has been placed.  Pricing given on any quote is good for seven (7) calendar days unless otherwise noted on the actual quote.

8. Product Returns/Exchanges are accepted under the following terms:
   1. All returns/exchanges are subject to a 15% restocking fee.
   2. Must have receipt at time of return/exchange. SRM will within reason assist to find the order for the customer.
   3. Absolutely NO returns/exchanges on custom items and special orders.
   4. All material accepted for return/exchange must be in new/resalable condition.
   5. No returns/exchanges of coil under 200 feet.
   6. All returns will be store credit.
   7. Return/Exchange Minimum is $25.00.
   8. Returns/refund must be completed within 30 days of original purchase
   9. Any claim related to a custom item issue must be made within 48 hours of delivery or is deemed acceptable.   Notice of this claim must be in writing to the accounting department at Superior Roof Metals II, LLC. They can be reached by calling the number on your invoice. 
   10. After credit card payment is made, no disputes may be made directly with the credit card company without first notifying Superior Roof Metals II, LLC accounting department of the issue and providing reasonable time to rectify.  Customer acknowledges that addressing a concern in this manner initially instead of resolving directly with Superior is not businesslike and costly.   Customer agrees that credit card company will immediately refund the money disputed to Superior Roof Metals II, LLC if the customer cannot provide documentation proving that the accounting department was notified of the issue in association with our policies.
9. Superior Roof Metals II, LLC may deliver material to you from time to time. Appropriate access for people, trucks and/or machinery (grade all’s, forklifts, cranes, roll forming machines) to a delivery site is authorized by Customer (debtor) at the time the delivery request is made.  Access must be provided in or around the time specified and any special requirements must be known prior to the delivery being scheduled otherwise additional fees may be charged.  Superior Roof Metals II, LLC may at times also deliver items to your roof top (ex. Jobsite roll forming of metal panels).  It is the Customer’s (debtor’s) responsibility to take all necessary precautions to protect the property, landscaping and personal property in and around the jobsite.  Whenever delivering to a rooftop, there is a risk that items inside the structure can fall, debris can fall from the ceiling, etc.  Superior Roof Metals II, LLC takes no responsibility for loss of personal items.
10. Oil Canning is an inherent part of light gauge metal products including architectural roofing, siding and soffit panels. Oil Canning is an aesthetic issue typically that can be caused by the variations in the substrate and/or by thermal movement.  There is no guarantee to the elimination of oil canning.  Oil Canning is NOT a cause for rejection of material.
11. No loss, injury or destruction of said product shall release Customer (debtor) from the obligations of payment for said product.
12. Superior Roof Metals II, LLC shall not be held responsible for delay in delivery or availability of product that is caused by fires, floods, strikes, labor disputes, accidents, acts of war, priorities required or requested by any government authority, transportation delays, restrictions imposed by Federal or State Law or regulations, Superior Roof Metals II, LLC’s inability to secure raw materials or other causes beyond Superior Roof Metals II, LLC’s control.
13. Customer is responsible for all orders placed by employee, affiliate, prior employee of Customer (debtor) even if that person did not have the appropriate authority to do so, unless Customer (debtor) has provided in writing all authorized persons to place orders.
14. All verbal orders placed by Customer (debtor) are at the sole risk of the Customer (debtor).
15. Superior Roof Metals II, LLC’s liability and Customer’s (debtor) remedy are limited, at Superior Roof Metals II, LLC’s option, to the replacement of defective goods at the F.O.B. point or repayment of the purchase price. Replacement of defective goods or repayment of the purchase price will be made only upon Superior Roof Metals II, LLC’s receipt of Customer’s (debtor’s) written notice that the goods are defective, and upon Superior Roof Metals II, LLC’s inspection and acceptance of the goods.  All claims must be made within five (5) days of receipt of the goods.
16. Superior Roof Metals II, LLC purchases, sells and uses items in its day to day operations known to contain harmful chemicals and could cause cancer or serious injury or illness. It is the Customer’s (debtor) responsibility to take the necessary precautions when purchasing any item from Superior Roof Metals II, LLC.  There are many SDS sheets available for the products sold and used by Superior Roof Metals II, LLC that are available to you upon request.
17. Customer (debtor) hereby indemnifies Superior Roof Metals II, LLC and its officers, directors, shareholders and agents and holds them harmless, from and against any and all damages, liabilities, losses, costs and expenses (including attorneys’ fees) arising out of, or relating in any manner to, the installation of the goods and materials purchased by Customer (debtor) from Superior Roof  Metals II, LLC.
18. Superior Roof Metals II, LLC shall have all the legal rights and remedies available to it under federal, state and any other applicable laws as a supplier of goods and materials to the Customer (debtor). Any election of remedies by Superior Roof Metals II, LLC shall be non-exclusive to other remedies.