Terms and Conditions
Effective December 18, 2003
1.GENERAL TERMS: This sale is limited to the terms and conditions specified herein and on Lapeyre Stair's Quotation and Invoice. Lapeyre Stair does not agree to any proposed additions, alterations, or deletions by Purchaser. Any other statement or writing of Purchaser will not alter, add to, or otherwise affect these terms and conditions. No employee, agent, or representative of Lapeyre Stair, other than an officer, has the authority to vary any terms hereof or to make any agreement or representation not incorporated herein. Prices do not include freight charges or sales, use, excise, or other taxes or customs duties, which, if applicable, shall be the sole liability of and shall be paid by the Purchaser. Unless otherwise specified, payment shall be in United States funds and delivery shall be F.O.B. place of manufacture (Harahan, Louisiana). Purchaser assumes the risk of and Lapeyre Stair shall not be liable for any loss or damage after such delivery to the carrier, but will cooperate with Purchaser in prosecution of claims against the carrier. Purchaser shall be liable to Lapeyre Stair for any unpaid balance of purchase price irrespective of any loss or damage after such delivery. Past due payments bear interest at 1½% per month from their due date. Orders are subject to approval of Lapeyre Stair's Credit Department. Purchaser is responsible for all collection fees and expenses (including attorney's fees) incurred by Lapeyre Stair in the event of partial or non-payment by Purchaser.
2.ACCEPTANCE: Placement of order with Lapeyre Stair signifies Purchaser's complete acceptance of these terms and conditions.
3.WARRANTY: Lapeyre Stair warrants to the original Purchaser that the products sold hereunder are free from defects in workmanship and materials for a period of one (1) year from the date of delivery to the original Purchaser. Lapeyre Stair will repair or replace, at its sole option, any products of faulty material or defective workmanship proven under normal use or service. Purchaser shall not return any defective products without Lapeyre Stair's prior written approval. Lapeyre Stair expressly does not warrant against any damage to the products sold here that results from flexing or stressing the products by mounting them to two or more surfaces that move, to any degree, in respect to each other. Such damage would include, but is not limited to, cracking of parts and failure of welds. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY FITNESS FOR A PARTICULAR PURPOSE OR WARRANTY AGAINST REDHIBITORY DEFECTS.
4. LIMITATION OF LIABILITY: PURCHASER'S SOLE AND EXCLUSIVE REMEDY FOR LIABILITY OF ANY KIND WITH RESPECT TO THE PRODUCTS FURNISHED UNDER THIS QUOTATION AND RELATED SALES AGREEMENT AND ANY OTHER PERFORMANCE BY LAPEYRE STAIR SHALL BE LIMITED TO THE REMEDY OF REPAIRING THE PRODUCT OR FURNISHING A NEW PRODUCT, PROVIDED THAT IF SUCH REMEDY BECOMES IMPRACTICABLE, THEN PURCHASER'S SOLE AND EXCLUSIVE REMEDY SHALL BE A FULL RETURN OF THE PURCHASE PRICE. LAPEYRE STAIR SHALL UNDER NO CIRCUMSTANCES BE LIABLE TO PURCHASER OR ANY OTHER PERSON FOR ANY OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO, ANY COSTS AND EXPENSES INCURRED IN THE REMOVAL AND/OR INSTALLATION OF THE PRODUCT, ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR PUNITIVE DAMAGES OR LOSS OF USE, REVENUE OR PROFIT, WHETHER ARISING OUT OF BREACH OF WARRANTY, BREACH OF CONTRACT, STRICT LIABILITY, NEGLIGENCE OR OTHERWISE, EVEN IF LAPEYRE STAIR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
LAPEYRE STAIR IS SPECIFICALLY NOT RESPONSIBLE FOR PROPERTY DAMAGE AND/OR PERSONAL INJURY, DIRECT OR INDIRECT, OR FOR DAMAGES AND/OR FAILURES CAUSED BY IMPROPER BUILDING/STRUCTURE DESIGN, APPLICATION, INSTALLATION, OPERATION, ABUSE AND/OR MISUSE OF ITS PRODUCTS.
LAPEYRE STAIR DOES NOT WARRANT OR GUARANTEE THAT ITS PRODUCTS CAN BE INSTALLED AND/OR USED IN ANY PARTICULAR APPLICATION. PURCHASER SHOULD CONSULT THE APPLICABLE LOCAL, STATE, AND FEDERAL REGULATIONS AND STANDARDS IN PURCHASER'S AREA TO VERIFY THAT THE LAPEYRE STAIR PRODUCTS PURCHASED CAN BE INSTALLED AND/OR USED IN THE PURCHASER'S INTENDED APPLICATION.
5.IDEMNITY: Purchaser shall indemnify, hold harmless, and defend Lapeyre Stair, its officers, directors, agents, representatives, suppliers, vendors, insurers, affiliates, employees, and subcontractors from any and all claims, liabilities, damages and expenses (including attorney's fees) on account of death or injury to any person or damage to any property arising directly or indirectly from or in connection with any products sold hereunder. This indemnity shall not apply when such death or injury to person or damage to property is caused or alleged to have been caused in whole by the negligence of Lapeyre Stair, its officers, directors, agents, representatives, or employees. This indemnity shall apply without regard to whether the claim, damage, liability, or expense is based on breach of contract, breach of warranty, negligence, strict liability, or other tort. This indemnity shall survive delivery and acceptance of the products sold hereunder.
6. CANCELLATION OR CHANGE OF ORDER: Lapeyre Stairs are custom height built per the Purchaser's instructions. Cancellation or modification of any order by the Purchaser shall not be accepted by Lapeyre Stair once work has begun on the order, usually twenty-four (24) hours after the order is received by Lapeyre Stair. Purchaser will be responsible to Lapeyre Stair for any unpaid balance of purchase price irrespective of changes made after work has begun on the original order.
7. RETURN OF GOODS: No products are returnable after six (6) months from the delivery of the product to the original Purchaser. Within six (6) months, items considered by Lapeyre Stair to have a salvageable value may be accepted back for credit against future orders based upon a restocking charge of 50% of the original purchase price. Regardless of when the products are sought to be returned by Purchaser, those products not considered salvageable by Lapeyre Stair will not be accepted by Lapeyre Stair for credit. A written Returned Goods Authorization must accompany all returns, and freight must be prepaid by Purchaser.
8. DELIVERY: Delivery is subject to, and Lapeyre Stair shall not be liable for, delay directly or indirectly resulting from or contributed to by any circumstances beyond Lapeyre Stair's control, including, but not limited to, an act of God, war, or national emergency, fire, flood, explosion, inability to obtain necessary materials, any labor dispute or strikes (including those of carriers), or export, import, dollar exchange or other governmental regulations or restrictions. Purchaser may not cancel because of any such delay or for any other reason not the fault of Lapeyre Stair.
9. GOVERNING LAW/ARBITRATION: This order shall be governed by and construed in accordance with the laws of the State of Louisiana, USA, excluding its choice-of-law rules. Any dispute, controversy, or claim arising out of or relating to this sale shall be exclusively resolved by binding arbitration conducted in New Orleans, Louisiana, and administered by the American Arbitration Association pursuant to its Commercial Arbitration Rules.