SELLER’S ACCEPTANCE OF BUYER’S ORDER (“ORDER”) IS EXPRESSLY CONDITIONED ON BUYER’S ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS OF SALE (“TERMS”), INCLUDING THOSE WHICH ARE DIFFERENT FROM OR IN ADDITION TO ANY TERMS AND CONDITIONS OF BUYER. SELLER HEREBY OBJECTS TO ANY TERMS AND CONDITIONS OF BUYER WHICH ARE IN ADDITION TO OR DIFFERENT FROM THOSE APPEARING HEREIN. SELLER SHALL NOT BE SUBJECT TO ANY PROVISIONS OF SUCH TERMS AND CONDITIONS UNLESS SELLER AGREES TO SUCH TERMS IN WRITING.
1. Delivery Terms
Site Preparation
The purchaser is responsible for preparing the site for services as well as adequate equipment for offloading if applicable. If unprepared upon the arrival of Cowboys Construction Supply personnel at the agreed time and date, Cowboys Construction Supply may charge for any delay and/or travel time at standard service rates. Any loss of product or damages incurred to goods, individuals or property as a result will incur no liability onto Cowboys Construction Supply.
Partial Shipments
Cowboys Construction Supply may, at its sole discretion and without liability or penalty, make partial shipments of products to the purchaser. Each shipment will constitute a separate sale, and the purchaser is obligated to pay for the units shipped, regardless of whether the shipment fulfills the purchase order in whole or in part.
Failure to Accept Delivery
If the purchaser fails to accept delivery on the agreed date, or if Cowboys Construction Supply is unable to deliver due to the purchaser's lack of instructions, documents, licenses, authorizations or failure to comply to site preparation conditions:
The quantity of any product installment, as recorded by Cowboys Construction Supply upon dispatch, serves as conclusive evidence of the quantity received by the purchaser, unless proven otherwise. Cowboys Construction Supply is not liable for non-delivery unless notified in writing within two (2) days of the expected delivery date. Liability for non-delivery is limited to replacing the products within a reasonable time or adjusting the invoice to reflect the actual quantity delivered.
2. Inspection and Non-Conforming Shipments
Inspection Period
The purchaser has 48 hours ("Inspection Period") after delivery to inspect the products. Any non-conformity to specifications must be reported in writing within this period, allowing Cowboys Construction Supply a reasonable opportunity to inspect and address the issue. Failure to provide such notice constitutes acceptance of the products.
Visible Defects
For defects visible at delivery (e.g., damaged packaging, incorrect quantities), the purchaser must note these on the Bill of Delivery upon receipt. Failure to do so waives any related claims. Variations in quantities or weight shipped, not exceeding 10%, are considered compliant with the order, with the stated price per item applying.
Carrier Claims
If the purchaser is responsible for shipping costs, they must file claims against carriers for any loss or damage, visible or concealed. Such loss or damage does not relieve the purchaser of obligations herein. Additionally, the purchaser must notify Cowboys Construction Supply within the Inspection Period of any damage or shortage, providing a reasonable opportunity for inspection.
3. Return Policy
All sales are final upon delivery for select items, including but not limited to fabricated and special-order items. This includes all products that are ordered to specification, materials that require fabrication, and uncommon items that must be specially ordered.
The purchaser bears all costs and risks associated with returning products, unless Cowboys Construction Supply agrees otherwise in writing or determines non-conformity to sale terms. Credit for returned products is subject to inspection and acceptance by Cowboys Construction Supply.
Products not in resalable condition may be ineligible for credit. If returned products fail inspection and are rejected, the purchaser can have them returned at their expense, including freight costs. Failure to arrange the return of rejected products within fifteen (15) business days of notice grants Cowboys Construction Supply the discretion to dispose of them, with the purchaser reimbursing any disposal costs incurred.
Products deemed acceptable for return are subject to a 25% restocking fee.
5. Legal Provisions
Cowboys Construction Supply operates exclusively as a wholesale supplier of construction materials to contractors and assumes no liability for any legal claims arising from product misuse, misrepresentation, improper installation, contractor negligence, or defective products from the manufacturer.
All installation and product specifications can be provided upon request; however, Cowboys Construction Supply does not assume responsibility for the accuracy or adequacy of installation performed by contractors. Responsibility for product and system guarantees lies solely with the manufacturer, while all installation guarantees are provided exclusively by the contractor who performs the installation.
Cowboys Construction Supply is not liable for any direct, indirect, or consequential damages resulting from product or installation failures. Contractors are expected to adhere to industry standards and manufacturer guidelines during installation.
Indemnification
To the maximum extent allowed by law, the purchaser shall defend and indemnify Cowboys Construction Supply and its employees, officers, directors, and agents against all sums, costs, liabilities, losses, obligations, suits, actions, damages, penalties, fines, interest, and other expenses (including investigation expenses and attorneys' fees) that Cowboys Construction Supply may incur or be obligated to pay as a result of:
Liability for On-Site Damages or Injuries
The purchaser is solely liable for all damages or injuries caused or contributed to by the purchaser on-site, except where damages or injuries are directly caused by the gross negligence or willful misconduct of Cowboys Construction Supply personnel.
Net 30 Terms and Payment Policy
Invoices issued by Cowboys Construction Supply under net 30 terms must be paid in full within 30 calendar days from the invoice date. Any delinquency on net 30 terms will incur interest fees at the maximum rate allowable by law. Accounts with extended delinquency may be subject to collection actions, including but not limited to legal proceedings.
In the event of a payment default, the customer agrees to bear all costs associated with the recovery of outstanding amounts, including legal fees, court costs, and attorney fees. Cowboys Construction Supply reserves the right to suspend or terminate credit terms and further orders for any delinquent accounts.
By purchasing from Cowboys Construction Supply, the customer acknowledges and agrees to the terms outlined in this disclaimer.
Payment
Buyer shall pay all invoiced amounts due to Seller upon receipt of Seller’s invoice. Buyer shall make all payments hereunder by check or wire transfer of immediately available funds in U.S. dollars to the account and address directed by Seller. Buyer shall not withhold payment of any amounts due and payable by reason of any set off of any claim or dispute with Seller, whether relating to Seller’s breach, bankruptcy or otherwise. If Buyer fails to make payment in accordance with this Agreement, or any collateral agreement, or fails to comply with any provision hereof, Seller may, at its option (and in addition to all other remedies available under these Terms or at law), cancel any unshipped portion of Buyer’s Order, and Buyer shall remain liable for all unpaid accounts. A finance charge will be assessed at the lesser of the rate of 3.0% or the maximum rate allowed under applicable law. The total price of the Products for each shipment constitutes a separate debt owing to Seller and shall be paid in full without right of set-off or deduction whatsoever regardless of any controversy relating to other delivered or undelivered Products.
COLLECTION ACTIONS AND LIEN POLICY
All notices, request, consents, claims, demands, waivers and other communications hereunder (each, a “Notice”) shall be in writing and addressed to the parties at the addresses set forth on the Sales Confirmation or to such other address that may be designated by the receiving party in writing. All Notices shall be delivered by personal delivery, nationally recognized overnight courier (with all fees pre-paid), facsimile or e-mail (with confirmation of transmission), or certified or registered mail (in each case, return receipt requested, postage prepaid). Except as otherwise provided in this Agreement, a Notice is effective only (a) upon receipt of the receiving party, and (b) if the party giving the Notice has complied with the requirements of this Section XVIII.
Cowboys Construction Supply reserves the right to file mechanic’s liens or bond claims on any unpaid balances in accordance with applicable laws. If payment is not received within the agreed-upon terms, Cowboys Construction Supply may initiate lien or bond claims against the property where the materials were supplied. All costs associated with lien filings, bond claims, or other collection actions, including but not limited to attorney fees, court costs, and administrative fees, will be the sole responsibility of the Purchaser.
Cowboys Construction Supply is not responsible for delays in mailing or receipt of notices related to liens or collections. The Purchaser remains liable for any unpaid balance regardless of mailing contingencies or returned correspondence. Failure to respond to notices may result in further legal action and additional fees.
Miscellaneous
This Agreement is for the sole benefit of the parties hereto and their respective successors and permitted assigns, and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit or remedy of any nature whatsoever under or by service of these Terms. The relationship between the parties is that of independent contractors. Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever. Provisions of these Terms which by their nature should apply beyond their terms will remain in force after any termination or expiration of this Agreement.
By Placing an order with Cowboys Construction Supply the buying party agrees to all terms listed above.
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