TERMS & CONDITIONS
QUICKEN STEEL, LLC
​
STANDARD TERMS AND CONDITIONS OF SALE
​
ACCEPTANCE
​
Each customer order for the sale of steel buildings and/or components (the “Items”) by Quicken Steel, LLC (“Quicken Steel”) to customer (“Customer”) is expressly conditioned upon (i) Quicken Steel’s acceptance of the order, which acceptance may be in writing by an Order Confirmation & Acknowledgment with Attached Sales Order (an “Acknowledgment”) or, in the absence of an Acknowledgment, performance of Quicken Steel’s obligations pursuant to Customer’s order (a “P.O.”), and (ii) application of these Standard Terms and Conditions of Sale. If there is a conflict between an Acknowledgment (including these Terms and Conditions) and a P.O., the Acknowledgment (including these Terms and Conditions) shall control.
​
QUOTES
​
Quicken Steel may provide Customer with a Quote, which Quote shall automatically expire within thirty (30) days, unless that period is changed by Quicken Steel in its sole discretion.
​
QUANTITIES
​
Customer is responsible for accepting delivery of and paying for the entire quantity of Items ordered. Customer may not cancel and/or change any order for any reason. If Quicken consents, in its sole discretion, to an order cancellation or change, Customer agrees to pay all charges issued by Quicken Steel.
​
PRICING
Unless otherwise expressly agreed to by Quicken Steel, the price is (i) the amount referenced in the Acknowledgment, or P.O. (as applicable), (ii) stated in U.S. dollars, and (iii) F.O.B. to the stated destination point. Prices do not include applicable charges for changes, detention, cancellation, taxes, tariffs, duties, charges, or surcharges, all of which remain the responsibility of Customer.
​
TITLE AND RISK OF LOSS; DELIVERY
Title to, and risk of loss of, Items pass to Customer upon delivery of Items at the destination point or, in the case of a Customer pick-up, prior to loading Items on a truck. Upon delivery of Items, Customer will inspect for damage and patent defects. Customer acknowledges that promised dates and/or delivery dates are approximate only, and delays, for any reason, are not a breach of the parties’ agreement.
STORAGE
​
Quicken Steel may charge Customer a storage fee for Items if Customer (i) requests a delivery date other than that referenced in the Acknowledgment or P.O. (as applicable), or (ii) fails to timely provide any documentation necessary for the delivery of Items. Any Items not released by Customer may, at Quicken Steel’s option, be immediately invoiced to Customer and/or subject to price adjustment, interest and/or storage fees, and Quicken Steel is not obligated to hold such Items for Customer.
​
PAYMENT
​
Customer shall pay the total invoiced amount in accordance with the terms of Quicken Steel’s written invoice. Quicken Steel reserves the right to charge interest on amounts not paid when due. Customer has no right to set-off against any amount payable. To secure Customer’s obligation to pay and Customer’s other obligations under these terms, Customer grants to Quicken Steel a first priority security interest in and lien on all of Customer’s right title and interest in Items purchased from Quicken Steel, whether or not existing or hereafter acquired and wheresoever located, and all accounts, contracts, general intangibles, and payment intangibles arising from or related to the sale or disposition of the Items, and all cash and non-cash proceeds of the foregoing, all proceeds from insurance on any of the foregoing, and all products, income and profits of or from the foregoing.
​
PRODUCT WARRANTY
​
Quicken Steel warrants that the Items it supplies will, at the time of delivery, conform to the specifications in the Acknowledgment. THE FOREGOING EXPRESS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.
​
CLAIMS
​
Claims for shortages, patent defects and Items damaged during transit must be made in writing within fourteen (14) days after delivery of Items to the point of delivery. Time is of the essence for the submission of claims.
​
LIMITATION OF LIABILITY
​
Customer’s sole and exclusive remedy is, at Quicken Steel’s option, replacement of non-conforming Items or the refund of the purchase price paid by Customer (if applicable). Quicken Steel is not liable for any lost profits or revenues, or any consequential, incidental, special, or punitive damages.  In no event shall Quicken Steel’s total liability to Customer exceed the purchase price paid by Customer for the applicable Items.
​
FORCE MAJEURE
​
Quicken Steel is not liable for any cost, expense, loss or other damage incurred by Customer for any failure or delay in performance by the occurrence of any fire, catastrophe, embargo, strike, lockout or other labor trouble, delays in delivery of Items or supplies from suppliers or unavailability of conforming Items, injunction, federal, state or local government or judicial intervention or restriction, legislative changes, war or armed conflict, act of terrorism, pandemic, act of God or any other events or circumstances not within the reasonable control of Quicken Steel, whether similar or dissimilar to any of the foregoing (a “Force Majeure Event”), provided that, Quicken Steel shall, after the occurrence of a Force Majeure Event, use commercially reasonable efforts to notify Customer of same.
​
ENTIRE AGREEMENT
​
These Standard Terms and Conditions of Sale, Quicken Steel’s Order Confirmation & Acknowledgment, Packing List and/or P.O. (as applicable), Quicken Steel’s Customer Claims Policy[AS1] , and the Quicken Steel Credit Application and Agreement [AS2] contain the entire agreement with respect to the subject matter, and supersede all other agreements or communications between the parties. Any additional terms, including, without limitation, those provided with a PO, are rejected and not binding on Quicken Steel.  Any modifications must be accepted and reconfirmed by Quicken Steel in writing. No failure or delay by Quicken Steel in exercising any right or remedy operates as a waiver (in whole or in part), or precludes any further exercise of any other right or remedy.
​
GOVERNING LAW
​
These Standard Terms and Conditions of Sale are governed by the laws of the State of Georgia, and Customer consents to exclusive jurisdiction and venue in the federal or state courts located in Evans County, Georgia, or the United States District Court for the Southern District of Georgia.
​
CALIFORNIA PROPOSITION 65
​
California Proposition 65 (“Prop 65”) mandates notices and/or warning labels (“Warning Labels”) for consumer products sold in California that contain certain chemicals. Quicken Steel has determined that some of the Items it offers for sale may contain such chemicals (“Prop 65 Items”). A Prop 65 warning is contained on Quicken Steel’s packing list (the “Packing List”) for all Items, although some Items are not covered by Prop 65. In order that Quicken Steel and Customer may be in compliance with Prop 65, Customer represents, warrants and covenants: (1) Customer acknowledges that it will ensure that it and its non-retail customers fully comply with Prop 65; (2) Customer shall not sell (whether directly or via Internet) Prop 65 Items on a retail-basis in California without providing advance notice to Quicken, obtaining Warning Labels, and affixing Warning Labels on all Prop 65 Items before it is sold in California; (3) upon notice from Customer that Customer is selling or intends to sell Prop 65 Items on a retail-basis in California, Quicken Steel will provide Warning Labels to Customer; (4) Customer will immediately notify Quicken Steel if it subsequently determines that Quicken Steel-supplied Prop 65 Items was previously sold on a retail-basis in California; (5) Customer will not directly or indirectly sell in California, or place in commerce for sale in California on a retail-basis, Prop 65 Items if the attached Warning Labels have been removed, tampered with or obscured in any way; (6) Customer will immediately notify Quicken Steel (via email) to: qualityassurance@quickensteelbuildings.com) If it receives a notice that it is accused of selling any Items in violation of Prop 65. Customer acknowledges and agrees that Quicken Steel does not have a legal duty to respond to the notice; (7) Customer will indemnify and hold harmless Quicken Steel for all damages, costs and penalties, including legal expenses and attorneys’ fees, for any violation of the terms of this section, and/or any action brought by Quicken Steel relating to Customer’s actions or omissions under this section; and (8) for more information on Prop 65, visit this web site: oehha.ca.gov/prop65.html.
​
CUSTOMER-OWNED ITEMS, SPECIAL TERMS
​
The following terms and conditions apply only to Customer-owned Items, and these terms will control if there is a conflict between these Special Terms and the previously stated Terms and Conditions of Sale:
Customer –Owned Items. For Customer-owned Items, title to and risk of loss remain with the Customer at all times. Customer acknowledges and agrees that Quicken Steel does not insure any Customer-owned Items or other property of Customer against loss or damage of any nature. Insurance against loss or damage shall be solely the Customer’s responsibility and at the Customer’s sole expense. Any insurance against loss or damage obtained by Customer shall be endorsed by Customer’s insurer, waiving subrogation against Quicken Steel, and upon request by Quicken Steel, written proof shall be provided.
​
LAST REVISED: December 2025