- All products manufactured by A.C. Miller Corp. are warranted to be free from defects in material and workmanship existing as the result of the manufacturing process for one (1) calendar year from day of delivery to site. If a product is alleged to be defective, then upon written notice by certified mail only to A.C. Miller Concrete Products, Inc. setting forth alleged defects, the product will, at the sole option of A.C. Miller Corp., either be returned to our plant and replaced with a duplicate product free of defects, or repaired in place without charge. No further expense to A.C. Miller Corp. will be accepted. All claims of such defective products must be given by certified mail. The remedy provided in this paragraph shall be the exclusive remedy for any breach of warranty and A.C. Miller Corp. will in no event be liable for consequential damages
- Products sold by A.C. Miller Corp. but not manufactured by it are warranted only to such extent as said products are warranted to A.C. Miller Corp. by the supplier. Any disclaimer of the suppliers’ warranties accepted by A.C. Miller Corp. pursuant to normal business practices shall not subject A.C. Miller Concrete Products, Inc. to any liability beyond the aforesaid limitation.
- Freight and handling will be charged on all returned goods except items returned under warranty and in accordance with these Terms and Conditions.
- A.C. Miller Corp. assumes no liability or responsibility for location, alignment, depth, size, base, back fill, or compaction in connection with the sale of its products even though the product(s) has/have been placed into an excavation by one of our carriers.
- A.C. Miller Corp. assumes no responsibility or liability for water infiltration into any product placed into any excavation by our carriers or by any other means unless such responsibility or liability has been accepted by A.C. Miller Corp. prior to the placement of the product. Such notation of responsibility or liability must be in writing and signed by an authorized representative of A.C. Miller Corp.
- The delivery covering the products listed hereon is based on our present estimate of the time required to ship after receipt of your order barring the possible breakdown of the delivering carrier. Acceptance by purchaser or its agent shall constitute a waiver by same of any claim for damages on account of any delay in delivery of such products.
- There are additional charges for weekend, holiday, and night deliveries. Saturday deliveries incur an additional charge of 55% of the zone rate with a minimum charge of $250. Sunday and Holiday deliveries incur an additional charge of 60% of the zone rate with a minimum charge of $300. Night deliveries will incur an additional charge of 55% of the zone rate with a minimum charge of $300. These special delivery arrangements are subject to availability. Additional detention charges also apply. (See paragraph 8.)
- A.C. Miller Corp.nallows a maximum of two (2) hours unloading time per truck. Any time over the allotted two (2) hours will be billed at allowable hourly rate for crane trucks and operators and hourly rate for flatbed trucks/trailers and drivers.
- Purchaser expressly agrees to indemnify and save A.C. Miller Corp. harmless from and against all claims, demands, liabilities, suits, or judgments for whatsoever kind and nature, and all costs and expenses in connection therewith, including court costs and attorney fees, arising out of or resulting from death or injury to persons, including employees or agents of the purchaser and loss, damage, or injury to property, including the equipment, caused or occasioned or claimed to be caused or occasioned, directly or indirectly, by or in connection with the work being performed by said equipment or by any of the personnel furnished in connection with said equipment. It is expressly agreed that the equipment furnished in connection therewith is under the exclusive jurisdiction, control, and supervision of purchaser.
- Purchaser agrees to release, defend, and hold A.C. Miller Corp. harmless from any and all claims for damages due to delays arising out of causes beyond the reasonable control of A.C. Miller Corp., including, but not limited to, adverse weather conditions, acts of government, inability to obtain material, strikes, and other labor difficulties, including jurisdictional strikes. Purchaser further understands and agrees that in the event of a labor dispute or strike, jurisdiction or otherwise, which poses a threat to or would impede the normal installation, A.C. Miller Corp. will discontinue work on the project until receipt of satisfactory assurance that such threat or adverse circumstance
has been removed.
- All quotations for delivery and setting products assume accessibility and suitability for the safe operation of our equipment under its own power. This determination to be made solely by A. C. Miller Concrete equipment operators and we assume no liabilities if the above is not adhered to. Purchaser is responsible for all job conditions, including clear access within the limitations of A. C. Miller equipment including cranes when operated in accordance with safety regulations having jurisdiction, i.e. Fed OSHA, mfr. load chart. Purchaser must provide all labor required to unload and place delivered products (other than the crane operator when crane is supplied by A. C. Miller), including but not limited to all signalmen and riggers meeting the safety regulations having jurisdiction.
- Material purchased, but not delivered within thirty (30) days after the purchaser’s requested delivery date, due to purchaser’s failure to schedule and receive delivery, will be subject to being invoiced in full. If the invoice is not paid in full within thirty (30) days of the invoice date, it will be subject to finance charges at the rate of 1.5% (18% APR) per month with first monthly invoice at 60 days. All invoiced amounts past due must be paid before any material will be released for delivery. Invoices paid in full and product not delivered are subject to continued invoicing at 1.5% (18% APR) per month for the stored materials. Furthermore, all AC Miller invoices are subject to same finance charges as listed above.
- Standard product purchased, but not delivered within sixty (60) days after the purchaser’s requested delivery date, due to purchaser’s failure to schedule and receive delivery, will be subject to cancellation and may be resold without further notice.
- Custom product may require a twenty-five (25) percent non-refundable down payment, when the order is placed. Purchaser agrees to give A.C. Miller Corp. notice of any cancellation of an order for manufactured, custom product. Purchaser further agrees to remain fully liable for the full purchase price of the product, including engineering costs if applicable. Furthermore, we reserve the right to invoice for administrative and engineering services incurred on submitted projects that are cancelled prior to manufacturing.
- Purchaser agrees to give A.C. Miller Corp. notice of any cancellation of delivery by 10:00 AM of the day prior to the scheduled delivery date. Any delivery cancellation notice given after 10:00 AM of the day prior to the scheduled delivery date shall be subject to a delivery cancellation charge of $150 per hour for a forklift operator and two (2) helpers, plus trailer rental cost if applicable.
- This instrument contains the entire Agreement between the parties, and there are no representations, understandings, or agreements, oral or written, which are not included herein. Any failure on the part of A.C. Miller Concrete Products, Inc. to exercise any right hereunder, or to take any action permitted on a breach by purchaser, shall not be deemed a waiver thereof. No waiver shall be effective unless specifically made in writing, and signed by the duly authorized representatives of both parties.