When accepting a proposal for materials from National Building Systems, Inc. (NBS), the Purchaser agrees to the following Terms and Conditions:
PRODUCT TO BE SUPPLIED BY NBS:
NBS shall supply only the materials specifically listed in the NBS Proposal and Purchase Agreement issued by the NBS representative. Any items not specifically listed shall not be part of the agreement between NBS and the Purchaser. With respect to specific lengths and quantities, NBS will supply the amounts requested in writing by the Purchaser or the amounts shown on the placement plan material list that has been approved by the Purchaser.
DELIVERY OF MATERIALS:
Purchaser shall inspect the materials upon delivery and shall notify NBS immediately if there are any damaged or missing items. Damaged or missing items are to be noted on the Bill of Lading or other delivery document prior to acceptance of materials by the Purchaser. In the event of damaged or missing items, NBS's sole responsibility shall be to repair, replace, or supply any non-conforming products in a reasonable amount of time.
WARRANTIES:
The materials are being sold without any warranties from the NBS, whether express or implied, including the implied warranties of merchantability and fitness. For warranties pertaining to specific manufacturers, refer to the applicable product information published by those manufacturers.
INDEMNITY:
Buyer shall indemnify and hold harmless NBS against all claims, losses, costs and expenses, including but not limited to, all expenses of litigation, court costs and attorney’s fees, in any way arising out of or in connection with the use or performance of these products.
CONFLICTING TERMS AND ENTIRE AGREEMENT:
To the extent that any terms or conditions of this agreement conflict with the Purchaser's purchase order, NBS and Purchaser mutually agree that the terms or conditions contained herein shall supersede any conflicting terms or conditions. NBS and Purchaser mutually agree that this agreement embodies all of the parties’ agreements and that any subsequent amendments must be in writing and signed by both parties.
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