TERMS, CONDITIONS OF SALES & WARRANTY

Prices and project quotations

Prices: shown in all of our Price Guides are subject to change without notice.

Project Quotations: These are for acceptance within a maximum of 90 days from date of quotation and prices are guaranteed only for materials which can be scheduled and shipped within 150 days from date of quotation, except where this period has been extended in writing by Murdock Manufacturing factory. Murdock Manufacturing must have a written, signed purchase order from the customer. No order placed with Murdock Manufacturing shall be considered as accepted until completion of order entry process, at which time purchaser is provided with a formal acceptance, which is a copy of Murdock Manufacturing’s order as entered for production complete with shipment schedule (order confirmation). Murdock Manufacturing’s order confirmation is the governing document and customer has the responsibility to advise the factory, in writing, of any noncompliance with purchase order. All orders are subject to credit approval prior to shipment. All orders are subject to acceptance by Murdock Manufacturing factory at City of Industry, California. No agent or representative of the company is authorized to make any exceptions.

TERMS, TAXES, MINIMUM INVOICE & MECHANICS LIENS

Payment Terms: Net 30 days from date of invoice. An unpaid invoice is considered late if not received within 30 days from date of shipment and becomes subject to a service charge of 2% per month starting with due date. Invoice is assumed to have been received by customer if factory is not notified of non-receipt within 10 days after receipt of goods. If legal action is necessary to enforce payment, purchaser will pay any court costs and reasonable attorney fees.

Taxes: Any sales or manufacturer’s tax imposed under existing or future statutes may be added to the price herewith and shall be paid by the buyer. Should any buyer claim exemption from sales taxation, a Resale Certificate must be received by factory prior to invoicing.

Minimum invoice is $100.00 net.

Mechanics Liens: Murdock Manufacturing reserves the right to request from its customer all required information needed to file a preliminary notice in order to perfect a lien at a future time if deemed necessary. Shipment of any material will be held back until this information, if requested, is received by Murdock Manufacturing factory.

FREIGHT & WEIGHTS

Freight: All shipments are F.O.B. Factory, City of Industry, California, except where specifically stated otherwise. A handling surcharge of $8.00 will be added to each small parcel package shipment.

Weights: All weights shown in Murdock Manufacturing literature or quotations are estimates and are not guaranteed.

SHIPPING DATE

Every effort is made to comply with scheduled shipping dates; however, Murdock Manufacturing is not liable for any loss or damage arising out of delay in delivery of any of its products due to causes beyond the control of the company. When a customer order is scheduled and in production, changes in shipping date can only be honored by written notice, with the understanding that any charges incurred will be charged to the purchaser and rescheduling can only be made on the basis of factory convenience.

TRANSPORTATION CLAIMS

The responsibility of Murdock Manufacturing ceases upon delivery of goods in good order to transportation company, and all goods are shipped at consignee’s risk and consignee must file freight claims for losses or damages in shipment. For consignee’s protection, shipment should be inspected immediately upon receipt. If any damage is visible - regardless of consignee’s opinion as to whether it is damaged or defective, consignee must have shipment inspected by the delivering carrier, and inspection report must be made.

SHORTAGES

No claim for failure to receive shipment will be honored unless Murdock Manufacturing is notified within a reasonable time after receipt of invoice. No claim for shortages will be honored unless Murdock Manufacturing is notified within five working days after receipt of shipment.

RETURNED GOODS

No material shall be returned without written permission. When granted, no credit will be issued until purchaser supplies correct invoice number and date covering original shipment of material. All material must be returned freight prepaid. All credits, when issued, are subject to a 35% handling charge.

PRODUCT APPROVALS, FIELD MEASUREMENTS, CHANGE IN SPECIFICATIONS AND CANCELLATIONS

Product Approvals: When quoting equivalent materials, every effort is made to quote on materials which are equal or superior to those specified. Murdock Manufacturing will provide, at no cost, certified data sheets for submission to architect/engineer/owner for approval. Murdock Manufacturing cannot guarantee this approval. The limit of our responsibility is to provide the material exactly as quoted. When materials are approved as submitted, the limit of Murdock Manufacturing’s responsibility is to furnish material as approved. Product modifications or alternate products will only be furnished at current selling prices.

Field Measurements: When required, they are responsibility of the purchaser and must be transmitted to Murdock Manufacturing in writing. Measurements made by Murdock Manufacturing employees or representatives are acceptable only when verified and approved in writing by the purchaser/contractor.

Change in Specifications or Cancellations: These can only be honored by written notice with the understanding that any charges incurred will be chargeable to the purchaser.

LIMITED WARRANTY

Murdock Manufacturing warrants that all of its products are guaranteed against defective material or poor workmanship for a period of one year from date of shipment. Murdock Manufacturing’s liability under this warranty shall be discharged by replacing without charge F.O.B. City of Industry, California, any goods, or parts thereof, which appear to the company upon inspection to be of defective material or not of first class workmanship, provided that claim is made in writing to the company within reasonable period after receipt of the product. Where claims for defects are made, the defective part or parts shall be delivered to the company, prepaid, at City of Industry, California for inspection. Murdock Manufacturing will not be liable for the cost of repairs, alterations or replacements, or for any expense connected therewith made by the owner or his agents, except upon written authority from the Murdock Manufacturing City of Industry office. Murdock Manufacturing will not be liable for any damages caused by defective materials or poor workmanship, except for replacements, as above provided. Buyer agrees that Murdock Manufacturing has made no other warranties either expressed or implied in addition to those above stated, except that of title with respect to any of the products or equipment sold hereunder and that Murdock Manufacturing shall not be liable for general, special or consequential damages claimed to arise under the contact of sale. With regards to fixtures coated with Murdock Manufacturing Enviro-Glaze®, all warranties are void unless fixtures are maintained in accordance with notice attached to each fixture.

ILLUSTRATIONS & DESCRIPTIONS

Illustrations, detail drawings and accompanying descriptions describing standard features, and sometimes optional variations of each product, do not necessarily show or describe all the variations available. All designs are subject to change without notice and unless stated in the order, material will be furnished of the design in effect at the time the order is filled.