Terms of Sale, Conditions, and Shipping
It is our mission to offer the widest selection of quality indoor and outdoor traffic control solutions, site amenities, and top rated customer service at affordable pricing.
Acceptance: All sales described on the Work Order attached hereto are governed by these terms and conditions. All sales are subject to acceptance by Multi Distributing, LLC, d/b/a 48 Barriers (“48 Barriers”). Buyer’s execution of the attached Work Order or written authorization to proceed with a Work Order, shall constitute Buyer’s express agreement to be bound by these terms and conditions. 48 Barriers expressly rejects all provisions, terms, conditions, or agreements contained in Buyer’s Work Order which are inconsistent with, contrary to, additional to, in lieu of or which purport to modify these Terms and Conditions unless signed in writing by an authorized officer of 48 Barriers.
Payment: Unless otherwise specified and agreed upon in the work order, the invoice payment shall be due prior to any scheduling of delivery of goods or services. In the event 48 Barriers has agreed to terms prior to scheduling of delivery, the balance of the Invoice shall be and become due and payable to 48 Barriers upon delivery. In the event Buyer cancels a work order prior to delivery, 48 Barriers shall retain any Deposits, in an amount not to exceed one half of the amount of the invoice. In the event Buyer fails to pay 48 Barriers any amounts due and payable to 48 Barriers pursuant to these terms and conditions, Buyer shall pay to 48 Barriers all of its cost of collection of any such payments due including, but not limited to all attorney’s fees, costs and/or expenses incurred by 48 Barriers to enforce and/or protect its rights resulting from Buyer’s breach of these terms and conditions, damages caused by Buyers and/or Buyer’s non-payment.
Taxes: Unless otherwise specified on the Quote or invoice, Buyer shall self-assess its required federal, state and/or local tax liability and shall be fully responsible to pay for any local, county, city or state sales tax on each purchase. Buyer hereby indemnifies and holds harmless 48 Barriers from any claim, cost, damages, tax assessments or the like incurred by 48 Barriers due to Buyer’s failure or refusal to pay any tax obligations of Buyer on any and all current or future orders of Buyer.
Shipping: Unless otherwise specified in the Work Order, all sales are F.O.B. destination, prepaid & added, freight shipped collect. All freight subject to fuel surcharges. 48 Barriers will not be liable for any delays, loss or damage in transit. In the event 48 Barriers is delayed in initiating the process of unloading one or more of its trucks at the time of delivery for more than thirty (30) minutes, unless otherwise specified in the work order, it may assess a fee in the amount of One Hundred Dollars ($100) per hour of such delay (“Detention Fee”). Should 48 Barriers assess a Detention Fee, such Detention Fee shall be and become a component of the Service Fee and be and become due and payable to 48 Barriers upon the completion of the delivery.
Uncontrollable Circumstances: In the event 48 Barriers’ duties or obligations under this Agreement are delayed due to circumstances beyond 48 Barriers’ control including, but not limited to, inclement weather, war, riots, Acts of God, unavailability of materials acceptable to such party, fires, strikes, government prohibitions, or acts or omissions of other persons (“Uncontrollable Circumstances”), 48 Barriers shall be excused from the performance of such duty or obligation for the period of time in which the Uncontrollable Circumstance persists.
Inspect Product for in-transit damages: In the event NEW products arrive on the flatbed with obvious damage or patent defects, it is the responsibility of the receiver to document the damage with photos and send them to Buyer’s 48 Barriers Account Manager (AM). Once the in-transit damage claim has been approved by your AM, receiver must note damages on the Bill of Lading (BOL) prior to signing for receipt of said goods, retain a copy of the signed BOL and send it immediately to Buyer’s AM for processing of the claim. Failure to follow this procedure will nullify any further claim for monetary remuneration and will not allow for the nonpayment of any outstanding invoice due if Net Terms have been extended to Buyer.
Do not offload the products until you have received a response from 48 Barriers. Buyer hereby waives, releases and covenants not to sue 48 Barriers or its agents for any damages incurred by Buyer should Buyer offload any damaged products prior to taking photos of said damages, and as a result, Buyer acknowledges and agrees to accept the delivered products in their “As-is” condition and further waive and release any right to a claim of “in-transit damages” of such products.
Indemnification: Buyer hereby indemnifies and holds harmless 48 Barriers from and against all claims, demands, liabilities, obligations, litigation, suits, proceedings, demands, assessments, judgments, costs and expenses, (including attorney’s fees and court costs), which may be incurred by 48 Barriers or its members, managers, employees or agents as a result of any damage to the products, injury or loss of Buyer or its employees or agents or as a result of 48 Barriers’ performance of its duties and obligations incident to these terms and conditions.
Limitation of Warranties: EXCEPT AS SPECIFICALLY SET FORTH HEREIN, 48 BARRIERS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, ARISING OUT OF OR RELATING TO THE SERVICES OR ANY USE THEREOF, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY WHATSOEVER AS TO THE FITNESS FOR A PARTICULAR USE OR PURPOSE OR THE MERCHANTABILITY OF THE SERVICES.
Buyer Obligations: Expect as otherwise provided, Buyer shall do and perform the following in a timely manner so as not to delay the Services of 48 Barriers and shall bear all cost incident thereto: (i) Designate in writing a person to act as Buyer representative with respect to the Services performed or furnished by 48 Barriers under this Agreement. Such person will have complete authority to transmit instructions, receive information, interpret and define Buyer’s policies and decisions with respect to 48 Barriers’ Services pursuant to this Agreement; (ii) Provide all criteria and full information necessary and appropriate for 48 Barriers to perform the Services pursuant to this Agreement, including, but not limited to Buyer’s goals, objectives, measurable deliverables, time constraints and any and all reports, data, studies or prior findings necessary to perform such Services; (iii) Buyer shall be responsible for, and 48 Barriers may rely upon, the accuracy and completeness of all reports, data and other information furnished by Buyer pursuant to this Agreement, and 48 Barriers may use such reports, data and information in performing or furnishing Services under this Agreement.
Miscellaneous: This Agreement sets out the entire agreement of the parties hereto and supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings between the parties. There shall be no amendment to, or modification of, the provisions of this Agreement until and unless they have first been reduced to writing and executed by the parties hereto. It is understood and agreed that the construction and interpretation of this Agreement shall at all times and in all respects be governed by the laws of the State of Missouri