TERMS & CONDITIONS
All purchases are made subject to the detailed specifications listed on the submitted purchase order and to the following specifications, terms and conditions. Except for any warranties given by the Seller, Quicken objects to any different terms or additional terms or conditions set forth in the acknowledgement of this purchase made by the seller identified in the purchase order (the “Seller”) or any other document submitted by the Seller. All Quicken’s purchases are expressly made conditional on the Seller’s assent to the specifications presented on the submitted purchase order and to these stated specifications, terms and conditions. The purchase order and these terms and conditions constitute the entire agreement of the parties and is binding upon Seller.
1. Packaging: All painted or acrylic galvalume coils are to be packaged with waterproof VCI paper. All coils must be packaged with plastic ID ring protectors attached to the coils over the VCI paper. One OD band is required under the paper. Two OD bands are required for steel ordered .065″ min or thicker. All coils must be banded with 3 evenly spaced bands secured over the paper and all other protectors. Edge protectors must be used under all OD bands. Clips on the ID bands must be secured at the coil sidewall. Cardboard protectors or cardboard windows must protect clips on the OD bands from the coils. The inside diameter of the coil must be lined with heavy chipboard or cardboard; no steel cores will be accepted. Quicken prefers coils supplied with full circumference, outer diameter comer protectors. All slit coils must be packaged eye to sky on skids with three OD bands for all gauges and slit widths.
2. Coil Winding: Coils must have tight winds to prevent collapsing during stacking and handling. Stagger-wind is not acceptable for material ordered at .065″ min or lighter. Oscillation is not permitted on any material .060” and lighter. Coils must have flush sidewalls.
3. Tickets, Packing Lists and Markings: All coils are to be ticketed with accurate scale and theoretical minimum weights. All tickets must identify accurate, physical lineal footage, Quicken’s purchase order#, chemical composition, mill heat#, and coil ID #’s. This required coil information must also be clearly listed on the packing list and must be presented by the driver at the time of delivery. All tickets, labels, and stickers are to be kept in the ticket pouch only. Only one ticket per coil. The ticket pouch must be securely attached to one of the ID bands on the coil sidewall. The only handwritten marking permitted on the coils are coil numbers for proper identification. Necessary handwritten markings are to be kept as close to the head or the tail of the coil as possible.
4. Receiving: Please reference the receiving hours on the Purchase Orders. (Monday – Friday)
Painted and bare Acrylic coils must be loaded for eye to the side, forklift side unloading. Coils must be delivered tarped and protected from adverse weather and moisture. Deliveries with trailers with side kits are preferred. Deliveries must be made within authorized receiving hours. Inbound carriers must not arrive on Majestic’s property 45 minutes before their assigned appointment time. Carriers who miss the receiving hours may not be unloaded. Do not ship over the weekend. Do not deliver on the last 2 days or the first business day of each month. Majestic shall have the right to cancel the purchase order, and any such cancellations to be without prejudice to Quicken’s rights to pursue any and all claims it may have against Seller for any loss or damages occasioned by Seller’s failure to meet delivery dates. For delivery dates, time is of the essence. In the event that Quicken agrees to the rescheduling of any shipment after the Seller has failed to meet a delivery date, the Seller shall bear the cost of all expedited delivery charges that are applicable as a result of Seller failing to meet such delivery date. No charges will be allowed for cartage, premium transportation or insurance unless agreed to in writing by Quicken
5. Pricing: The purchase price stated on all purchase orders always remains Quicken’s price and only Quicken may authorize any adjustment of that price. The purchase price may never be increased.
6. Cancellation, Adjustment and Remake: At any time with no regard to where purchased material is in process, Quicken reserves the right to cancel any purchase agreement in Quicken’s sole discretion. Quicken also reserves the right to, at any time, adjust or alter any order specification including, but not limited to, ordered quantity, thickness, width, packaging, surface, etc. Quicken reserves the right to deny or demand a request for rejected material at the original price or a more attractive current price.
7. Ordered Quantity and Quality: Quicken will acknowledge orders complete once the total order quantity is received, plus or minus 10%. The Seller must have written authorization to deliver quantities exceeding 10% of an ordered quantity. Seller must have written authorization to call an order complete for delivery under 90% of total ordered quantity. Shipments in excess of quantities ordered may be returned for credit at Seller’s expense. All orders are subject to inspection by Quicken Nonconforming shipments may be returned to Seller, at Seller’s expense, and full credit given to Quicken therefore.
8. Acknowledgement: All purchases must be formally acknowledged within five business days. All acknowledgements must state all detailed ordered specifications as stated on the submitted purchase order or referenced in these requirements, terms and conditions. Seller acknowledges that time is of the essence in the purchase order.
9. Origin: Quicken prefers application of substrate melted in the USA. Written authorization allowing application of foreign substrate is required prior to production. A certificate of origin must be furnished upon request.
10. Payment: Payment will be submitted within Quicken’s standard payment cycle. Quicken reserves the right to take any offered payment discount or not. Quicken also reserves the right to withhold payment if the material received is delivered defective, out of specification, late, of a questionable quality, or with incorrect documentation.
11. Written Authorization: Any deviation from the above specifications or specifications listed on the submitted purchase order must be authorized in writing prior to delivery.
12. Warranty: In addition to all warranties prescribed by law or given by Seller, Seller warrants that all products supplied hereunder shall: (1) be free and clear of all liens and encumbrances; (2) be free from defects in material and workmanship; (3) conform to specification and accepted samples, if applicable; (4) be merchantable; and (5) if ordered for a particular purpose, be fit for such purpose. Seller further warrants that, to the extent the products are not manufactured pursuant to detailed specifications furnished by Quicken, will be free from defects in design. Seller agrees that these warranties will survive acceptance of the products and shall inure to the benefit of Quicken, its successors, assigns, customers and ultimate users of the products.
13. Indemnity: Seller warrants that the products are free from defects in material and workmanship and agrees to indemnify and save harmless Quicken, its successors, assign, employees, agents, customers and users of the products against any and all losses, penalties, damages (including incidental and consequential damages), costs and expenses (including reasonable attorneys’ fees), increased production costs, lost profits, damages, liabilities, claims and law suits arising out of or relating to: (1) actual or alleged or contributory infringements of any patents, industrial design, trademarks, copyrights or other proprietary rights arising from the purchase, use or sale of products; (2) any alleged or actual defects in the products, whether latent or patent; (3) any breach by Seller of any of the warranties contained herein or otherwise made by Seller; (4) Seller’s failure to timely deliver the products; (5) any alleged or actual failure of the products to include necessary safety features or otherwise conform to the requirements of any federal, state or local health or safety law, standard, regulation or ordinance; or (6) any other breach by Seller of the terms contained herein. If Seller is required to provide services or work on Quicken’s premises or is required to provide services or work on behalf of or for the benefit of Majestic on premises not under the control of Seller, Seller agrees to indemnify Quicken for all losses, claims, expenses, damages or death to person(s) which may result in any way by reason of any act or omission on the part of Seller, its agents, employees or subcontractors. Seller agrees to maintain liability and property damage insurance to protect Quicken from all of the above risks and also from workers compensation or occupational health and safety registration claims and shall apply evidence of the above insurance upon the request of Quicken.
14. No Assignment: Seller will not assign this Purchase Order or any interest therein or subcontract any major part hereof, except for regularly purchased components without the prior written consent of Quicken.
15. Applicable Law: The agreement arising from the purchase order shall be governed by the laws of the State of Georgia (and the Uniform Commercial Code as enacted in Georgia), without giving effect to that jurisdiction’s choice of law principles, and the federal laws of the United States applicable therein.
16. Sustainability & Environmental Responsibility: Quicken is committed to conducting business in a manner that promotes environmental sustainability and responsible sourcing in accordance with any customer requirements. Suppliers are expected to source materials from producers who comply with any applicable environmental laws and regulations. Majestic encourages its partners to innovate and collaborate on sustainable practices that contribute to long-term stewardship.