Terms & Conditions

SWO TERMS AND CONDITIONS

 When the word “Builder” is used in this document, it shall be construed to mean the person, partnership, firm, or corporation named on the face of the Special Work Order (SWO) as the customer of Dean Steel Buildings, Inc. (hereinafter referred to as DSB).

 DSB adheres to the MBMA “Low Rise Building Systems” manual.  It is the responsibility of the Builder to obtain a copy of this manual from MBMA.

 The money due to DSB under the terms of the SWO, together with any other indebtedness which Builder may owe DSB, shall be paid by Builder to DSB at its offices in the City of Fort Myers, Lee County, Florida.  If the Builder fails to fulfill the terms of payment applicable to the SWO, DSB may defer further shipments or, at its option, cancel the unshipped balance of the order and all other of Builder’s then unfilled orders.  DSB reserves the right, prior to making any shipments, to require from Builder satisfactory security for payment of Builder’s obligations.  It is further agreed that Builder will pay all costs of collecting, securing, or attempting to collect or secure, any indebtedness that may be due hereunder, including a reasonable attorney’s fee, whether the same be collected or secured by suit or otherwise.

 A 1-1/2% service charge per month will be added to all unpaid balances over 30 days.  DSB is a material supplier and retainage is not allowed.

 DSB reserves the right to review and adjust prices on orders that are delayed for shipment due to any circumstances beyond the control of DSB (i.e., permit delays, construction delays, financing delays, Builder delays, etc.).

 F.O.B. point will always be DSB’s plant unless stated otherwise.

 DSB reserves the right to divide this order into separate shipments and invoice such shipments separately, in which case each shipment shall be deemed a separate contract and payment is, therefore, due in accordance with the terms hereof.  DSB cannot be responsible for spotting, switching, drayage, demurrage, or other transportation charges unless agreed to in writing.  If, because of default of Builder, any shipment must be diverted or returned to DSB, Builder shall pay all demurrage, transportation, and other costs incurred as a result thereof.

 DSB shall not be liable for any direct or consequential damages which Builder may suffer by reason of DSB delays in performance of the SWO.  Such delays include, but are not limited to, loss, damage or delay of materials, strikes, fires, floods, storms, riots, civil commotions, Governmental regulations and/or laws, differences with workmen, DSB’s inability to obtain materials, or other circumstances beyond DSB’s control.  DSB will not accept penalties or liquidated damages unless specifically provided for in this document.

 Upon Builder signing the SWO, he is accepting the exactness and compatibility of DSB’s interpretation of the information Builder has submitted.  Upon DSB’s acceptance of the SWO, it shall be deemed a contract.  It will be the Builder’s responsibility to notify DSB at once of any discrepancy that may exist.  If the Builder fails to notify DSB prior to fabrication, DSB will not accept backcharges for subsequent modifications to materials shipped in accordance with the SWO.  DSB will not accept returns on specially fabricated materials.  Stock items are subject to a 15% restocking charge, and management’s approval.

 Products fabricated by DSB are warranted only against failure due to defective material or faulty workmanship for a period of one (1) year from date of delivery of such products, and DSB’s liability shall be limited to repairing such products and/or furnishing (but not dismantling and installing) necessary replacement materials F.O.B. point of manufacture, with freight allowed.  Misuse or improper installation of materials does not constitute a warranty claim.  This warranty does not cover products, accessories, or parts of attachments that are not manufactured by DSB, except to the extent of the warranty given DSB by the actual manufacturer.  DSB makes no other warranties, expressed or implied, as to merchantability, fitness, or otherwise.  DSB’s liability is restricted to breach of the expressed warranties stated above, and in no event shall DSB be liable to the Builder or his customer for incidental or consequential damages or damages in the nature thereof suffered by either.

 In case of dispute, the contract shall be construed in accordance with the laws of the State of Florida, regardless of where the materials are shipped or where the contract is signed.  If suit is instituted, then Builder and DSB agree venue shall be in Lee County, Florida, regardless of where materials are shipped, or where contract is signed.

 DSB assumes no liability for material or damage after carrier leaves its plant.  Builder is responsible for unloading shipments in an expeditious manner.  If order is shipped via flatbed truck and unloading time exceeds three (3) hours per truck, Builder will be subject to demurrage charge.  If Builder supplies his own transportation for picking up material, vehicle must be street legal for length of material.  Builder is responsible for supplying his own straps or chains, and insuring their condition and tightness.

 If assurances for delivery of completed SWO’s are not received within 30 days after notification of completion, the SWO will be deemed repudiated under F.S. 672.609.  At that time, DSB may recover damages by reselling materials and/or retaining any deposit for specially fabricated materials and the SWO will be cancelled.  A 15% restocking charge will be applied toward any stock items.