TERMS & CONDITIONS

Also refer to the Vendor Terms & Conditions
  1. No terms and conditions other than the terms and conditions contained herein shall be binding upon Hub Construction Specialties, Inc. (hereinafter referred to as "Hub") unless agreed to in writing by an authorized officer of Hub. All terms and conditions contained in any prior oral or written communication, including without limitation, Customer's purchase order, which add to, take away, or contradict the terms herein in any way are hereby rejected and shall be of no force and effect. All prior proposals from Hub are merged herein. Customer will be deemed to have accepted all terms and conditions contained herein if any part of the respective goods and/or services are shipped or an invoice is presented in connection with said goods and/or services.
  2. Unless otherwise indicated, the purchase price for the items set forth on the invoice is due and payable within 30 days of the invoice date. All sums past due 31 days are subject to an interest charge at the rate of up to one and one-half percent (1.5%) per month or as limited by law. Customer agrees to notify Hub in writing, of any errors in the invoice 10 days after the date of that invoice. If Hub is not notified, the invoice shall be deemed to be correct and accepted as rendered. Customer agrees that if Hub is not paid on time, in accordance with Hub's terms, Customer shall pay all costs and expenses incurred by Hub in connection herewith, including actual fees charged by a collection agency or attorney, and any other charges which can be legally charged to the Customer. Customer agrees that for and in consideration of Hub's extension of credit, that the agreement is to be in the exclusive jurisdiction under the laws of the state of California and that if legal action is brought to enforce this agreement, that San Bernardino County, California shall be the exclusive jurisdiction and legal venue for said action. Customer agrees that if Hub refers this invoice to an attorney for enforcement, that Customer agrees to pay Hub actual attorney's fees and cost incurred in the enforcement hereof, whether or not formal proceedings are brought to remedy Customer's breach of agreement. Customer agrees to pay Hub's standard service charges for items such as each dishonored check, the filing of and removal of liens and stop notices, etc.
  3. Hub has the right to file and record Preliminary Notices, Stop Notices, and/or Mechanics Lien against any site to which material has been supplied and invoiced yet remains unpaid. Nothing contained herein shall be construed as a Waiver by Hub of any lien or bond rights, or any other rights which it may now have, or hereafter be acquired by law. Customer shall provide Hub with all necessary information to properly file such notices and liens.
  4. HUB DISCLAIMS ALL WARRANTIES AND MAKES NO WARRANTIES, EITHER EXPRESSED OR IMPLIED, AS TO EQUIPMENT OR MATERIALS MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE. THE CUSTOMER'S SOLE AND EXCLUSIVE WARRANTY, IF ANY, IS THAT PROVIDED BY THE PRODUCT'S MANUFACTURER AND CUSTOMER SHALL SEEK ITS REMEDY DIRECTLY FROM MANUFACTURER. UNDER NO CIRCUMSTANCE(S) SHALL HUB BE LIABLE FOR PERSONAL INJURY, PROPERTY DAMAGE OR ANY OTHER LOSS, DAMAGE, COST OF REPAIRS OR INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL, OR LIQUIDATED DAMAGES OF ANY KIND, WHETHER BASED UPON WARRANTY, CONTRACT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION ARISING IN CONNECTION WITH THE DESIGN, MANUFACTURE, FABRICATION, SALE, TRANSPORTATION, FAILURE OR DELAY OF DELIVERY, INSTALLATION, USE, NONUSE OR REPAIR OF THE PRODUCTS AND/OR SERVICES SOLD OR SUPPLIED BY HUB. CUSTOMER AGREES TO INDEMNIFY AND HOLD HUB HARMLESS FROM ANY SUCH CLAIMS MADE AGAINST HUB. HUB MAKES NO PROMISE OR REPRESENTATION THAT THE PRODUCTS OR SERVICES WILL CONFORM TO ANY FEDERAL, STATE OR LOCAL LAW, ORDINANCE, REGULATION, CODE OR STANDARD, EXCEPT AS PARTICULARLY SPECIFIED AND AGREED UPON IN WRITING BY AN AUTHORIZED OFFICER OF HUB. CUSTOMER HEREBY AGREES THAT UNDER NO CIRCUMSTANCE(S), AND IN NO EVENT, SHALL HUB'S LIABILITY, IF ANY, EXCEED THE NET SALES PRICE OF THE DEFECTIVE PRODUCT(S) AND/OR SERVICE(S); NO ADDITIONAL ALLOWANCE SHALL BE MADE FOR THE LABOR OR EXPENSE OF REPAIRING OR REPLACING DEFECTIVE PRODUCTS OR WORKMANSHIP OR DAMAGE RESULTING FROM THE SAME. ALL SHORTAGES MUST BE REPORTED WITHIN 72 HOURS OF DELIVERY OR RECEIPT OF INVOICE, WHICHEVER IS LATER. FAILURE TO REPORT SHORTAGES OR DEFECT WITHIN 72 HOURS SHALL BE INDICATIVE THAT CUSTOMER RECEIVED AND ACCEPTED MATERIAL SHOWN ON INVOICE.
  5. Hub may require a deposit up to 100% for special orders. All special orders must be picked up by Customer within 7 days after notification by Company of its arrival. Orders not picked up within such time may be subject to a restocking fee. Hub, in its sole determination, may accept Customers return of items purchased from Hub. Such acceptance of items may be subject to and conditioned upon a restocking charge.
  6. Customer agrees to be responsible for the cost to repair any rented equipment damaged or for the full replacement value of any equipment missing or otherwise not returned immediately after the rental period, or is damaged beyond repair upon its return. Customer agrees to all terms of Hub's Rental Agreement (a copy of which is available upon request).
  7. Except when delivery of material is made in the Company's own vehicles, delivery of material shall be FOB Hub's supplier's facility and all possession of and title to material shall pass to Customer upon pick-up or delivery to the common carrier. Customer shall assume all risk of loss and damage thereupon. Customer assumes full responsibility (and agrees that Hub is not responsible) for the securement of Customer's loads, whether or not Hub assisted. In the event Hub delivered material in its own vehicles, then deliver of material will be FOB shipping destination and risk of loss shall pass thereupon.
  8. Claims for damages, shortages or errors must be reported within 24 hours of deliver to Customer. Customer shall have 72 hours from the date Customer receives material to inspect such material for defects and nonconformance which are not due to damage, shortages and errors in shipping and Notify Hub, in writing, of any defects, nonconformance or rejection of such material. After such 72 hour period, Customer shall be deemed to have irrevocably accepted the material, if not previously accepted.
  9. If the Customer also has a signed credit agreement with Hub. All such terms and conditions of such signed credit agreement are incorporated herewith unless they conflict with terms and conditions herein.
  10. If any term or condition of the invoice is determined to be illegal, invalid or unenforceable by a court, then such provision shall be deemed to be amended and interpreted to the extent possible to make it valid and enforceable. If such term or condition cannot be amended or interpreted as such, then such term and condition shall be severed from this invoice the remaining terms and conditions shall continue in effect.
  11. This agreement embodies the entire agreement of the parties. No promise, representation or agreement made subsequent to the execution and delivery hereof, by either party hereto, and no revocation, partial or otherwise, or change, amendment, addition, alteration or modification shall be valid unless the same be in writing signed by an authorized officer of Hub.
Disclaimer
Prices posted on this website may vary from branch prices and refer to currently available stock. Pricing herein represent prices for cash, debit or credit card purchases only. No payment terms are associated with website purchases.
Because of the possibility of human and mechanical error as well as other factors, Hub is not responsible for any errors or omissions, by either its own or its information providers. All information is provided "as is" without warranty of any kind. Hub makes no warranties or representations and disclaims all express, implied and statutory warranties of any kind, including as to accuracy, timeliness, completeness, merchantability or fitness for any particular purpose.
For a more detailed explanation please refer to our website's terms and conditions.

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