Rocky Top Building Products, INC. and Affiliates
Terms and Conditions of Sale
Please click below to download a copy of Rocky Top's Credit Application. Please return to: Susan Grice, A/R Specialist. Fax number: 540-483-1651
TERMS OF SALE:
As used herein, Rocky Top Building Products, Inc. and its affiliates will be referred to as "Rocky Top” and the customer as "Buyer” or "Purchaser.” “Products” shall refer and include any goods sold by Rocky Top.
By submitting a purchase order or otherwise ordering or receiving goods from Rocky Top, Buyer agrees to all the Terms and Conditions set forth herein. The Terms and Conditions constitute Rocky Top's offer and supersede and control any additional, contradictory, or different terms and conditions contained in any purchase order submitted by Buyer, regardless of any provision to the contrary therein. Any additional, contradictory or different terms in Buyer's purchase order or communications are hereby objected to and shall not be binding on Rocky Top or applicable to the sale. All representations, promises, warranties, or statements by any agent or employee of Rocky Top that differ in any way from these Terms and Conditions shall be given no force or effect.
PAYMENT:
The purchase prices set forth in Rocky Top’s Acknowledgement are firm; however, the prices are subject to change in the event of (1) alterations In specifications, quantities, designs or delivery schedules and/or (2) causes beyond the control of Rocky Top. Rocky Top reserves the right to correct clerical errors at any time.
Rocky Top’s terms are Net 30 days, unless stated otherwise in writing by Rocky Top. Accounts not paid in this time frame will be charged 2.00% interest rate per month and future orders will be on a C.O.D. basis until the account is current. Rocky Top shall retain a security interest in the Products sold hereunder until payment is made in full. No payment may be withheld or subject to retainage for any reason. Additionally, Rocky Top will not accept any backcharges from the Buyer without prior written approval by the Rocky Top.
Buyer agrees to reimburse Rocky Top for all expenses, costs and attorneys' fees incurred by Rocky Top relating to Buyer's breach of this contract, including but not limited to expenses, costs and attorneys’ fees relating to protection of Rocky Top’s security interest or fees incurred relating to any bankruptcy filed by Buyer. Rocky Top shall have the right at any time to set off any amount owing from Buyer to Rocky Top against any amount otherwise payable by Rocky Top to Buyer.
DISCLAIMER OF WARRANTIES AND LIMITATION OF REMEDIES:
ROCKY TOP MAKES NO EXPRESS WARRANTIES, REPRESENTATIONS, OR ENDORSEMENTS. ROCKY TOP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR ANY PARTICULAR PURPOSE
Rocky Top makes no warranty that any Products, or any means of packaging, crating or palletizing the Products, will meet or comply with the requirements of any safety code or regulations of any state, municipality, or any other jurisdiction. Rocky Top shall have no liability for any injury to person or property resulting from or arising out of any failure of or defect in any packaging, pallet, crating, or other shipping material. Buyer shall indemnify Rocky Top against all liability, cost or expense which may be sustained by Rocky Top arising out of or related to Buyer’s transport, storage or use of the Products.
SHIPMENT OF PRODUCT / RISK OF LOSS:
Unless otherwise agreed in writing by the Rocky Top, shipment of the Products hereunder shall be made F.O.B. point of delivery, with transportation expenses paid by the Buyer. Risk of loss shall pass to Buyer at the F.O.B. point of delivery. Rocky Top shall not be responsible for damage to the goods after receipt by the Buyer.
Any shipping dates set forth by the Rocky Top are estimates. Such dates are not a guarantee as to shipment, and the Rocky Top accepts no responsibility for any damage, loss or expenses arising out of delays in shipment.
MISCELLANEOUS:
No waiver or alteration of the Terms and Conditions shall be binding unless in writing and signed by an executive officer of Rocky Top.
Rocky Top's rights as set forth herein are in addition to all rights available to it at law or equity. No delay or omission by Rocky Top in exercising any right or remedy provided for herein shall constitute a waiver of such right or remedy on any future occasion.
The Terms and Conditions shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia. Both parties agree that the exclusive jurisdiction for any action arising out of or connected with the sale of Products to which these Terms and Conditions relate shall be the courts of the County of Franklin, Commonwealth of Virginia, or the United States District Court for the Western District of Virginia, Roanoke Division, and that any such litigation must be filed within twelve (12) months of the cause of action accruing or it shall be forever barred.
Revised: January 2010