Terms and Conditions of Sale

updated 4/22/24

Sale

All quotations, orders, and contracts are subject to acceptance by Midwest Construction Products Corp. (MCP). All sales between MCP and Buyer, are made expressly subject to force majeure, and MCP shall not be responsible for any delay in shipment or delivery, or failure to ship or deliver, of any goods as a result of strikes, war, fire, Acts of God, accidents, shortage of labor or material, or other causes beyond MCP’s control.

Buyer will assume cost of making changes after the order has been accepted by MCP. All claims for shortage in shipment or damaged material(s) should be noted on the bill of lading, at time of delivery. Requests for credit on shortage or damaged shipments must be submitted in writing to MCP within 15 days of the date of shipment.

Design, materials and specifications are subject to change without notice, without any obligation on the part of MCP due to our policy of continuous product improvement.

Delivery date, if stated, is only an estimate based on current scheduling requirements. All reasonable means will be used to make delivery within the specified time.

Prices stated on sales quotations or sales orders may or may not include any tax or charge imposed by Federal, State, or Municipal authorities. These taxes or charges such as sales, use and excise taxes shall be assumed by the Buyer whether invoiced or not and Buyer shall pay to MCP, in addition to the prices specified, the amount of any such taxes including penalties and interest which MCP may be required to pay due to Buyers’ failure to pay.

MCP’s materials, work, products and goods shall remain the property of MCP and the title shall not pass until Buyer pays in full for the same.

Waiver by MCP of any provision(s) hereof in one instance shall not constitute a waiver as to any other instance. All sales shall be governed by and construed according to the laws of the state of Florida. Buyer agrees and consents that the venue for litigation shall be within the County in which MCP’s principal place of business is located. If any provision of this contract is found contrary to any applicable law of any state or should be held invalid by a court of proper jurisdiction, all provisions of this contract shall remain in full force and effect.

Credit Terms

Our terms are net 30 days, from date of shipment, with approved credit. Credit will only be granted to the extent stated when credit is approved. MCP may revoke all credit at any time.
MCP-Credit Application

Interest at the rate of one and half percent per month (18% APR) on the unpaid balance will be added to past due amounts. If any amount due MCP is not paid when due, the Buyer agrees to pay all interest charges (finance charges). If the Buyer is past due in payment of any amount owing MCP, or if in the judgment of the MCP’s Credit Department, reasonable doubt exists as to Buyer’s financial responsibility, then without liability and without prejudice to any other remedies that MCP may have, MCP may suspend performance, MCP may decline to ship, or stop any material in transit until MCP receives full payment by Buyer. Buyer shall pay all costs incurred by MCP in collecting any amount due, including, but not limited to collection agency fees, attorney’s fees, and court cost.

Credit Customers making payments on account with a credit card, other than at time of purchase, will be charged 3% of the payment amount as a credit card processing fee.

There will be a $25.00 handling charge for all returned checks. Customer agrees to pay on demand this returned check fee. All invoices will be paid in U.S. currency.

Returns

No Returns will be accepted without MCP’s consent. All materials being returned must be in resalable condition, unless otherwise stated by written consent from MCP. Please use MCP-Return Material Authorization when requesting return.

A 25% restocking fee will be charged, unless otherwise stated by written consent from MCP, on all returns. Shipment and/or delivery of all returns is the responsibility of Buyer. Unless prepaid, all inbound freight charges incurred in the return process will be billed to Buyer. Returns shipped freight collect will be refused at time of delivery, unless stated in prior written consent from MCP.

Warranties and Disclaimers

Midwest Construction Products Corp (MCP) is a distributor of manufactured goods. MCP will, to the extent permitted by law, transfer to Buyer such warranty as the manufacturer of the goods may provide. MIDWEST CONSTRUCTION PRODUCTS CORP DOES NOT MAKE AND HEREBY DISCLAIMS ANY WARRANTY WITH RESPECT TO THESE GOODS, WHETHER EXPRESSED, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTIABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Midwest Construction Products Corp. shall not under any circumstances be liable for any consequential or incidental damages suffered by Buyer.