Terms & Conditions

1. Sale Conditioned on Acceptance of Terms & Conditions. Any purchase order or other Buyer documents referencing this quotation, acknowledgement or invoice shall not result in a contract unless accepted and acknowledged by Davidson Plastics Corporation ("Davidson"). In consideration of the price quoted, no alteration, change or modification or revision of any terms or conditions herein shall be binding unless made in writing by an authorized representative of Davidson. Once accepted, Buyer may not cancel order without Davidson’s written consent and indemnifying Davidson from all loss.
    
2. Price/Shipment. Payment of entire net invoice is due thirty (30) days from date of invoice. Unpaid invoices (or portions thereof) shall accrue interest at rate of 1 ½% per month or the highest legal rate then available. Davidson may revoke credit, suspend credit or require full or partial advance payment based solely on Davidson’s opinion of Buyer’s creditworthiness. All prices are F.O.B. Davidson’s plant, Fife, Washington unless otherwise specified in writing, and do not include insurance of Buyer’s property.
    
3. Order Quantity/Delivery Dates Approximate. To maintain competitive pricing, Davidson may reduce or increase the quantity of delivered parts, in which cases invoice price shall be adjusted proportionately. Davidson may amend production schedules. Estimated delivery dates are therefore approximate and are not guarantees of delivery on a particular date. Davidson shall not be liable for damages (including consequential and incidental damages) for partial, late or non-delivery, howsoever caused.
    
4. Limited Warranty. The limited warranty set out herein applies only to Davidson produced custom profile extrusions, core, and highway product lines. Separate limited warranty terms apply to the fence product lines in lieu of any limited warranty expressed herein. See copy attached or contact Davidson for terms.

In consideration of the price offered, Davidson warrants to the original purchaser identified on this invoice only that: (1) any parts produced hereunder shall generally conform in material, size and shape to Buyer approved first articles (custom profiles) or material certifications (highway products), (2) shall be free from defects in materials and workmanship that affect the parts "merchantability" for ninety (90) days from the date of shipment. This limited warranty is in lieu of all other express or implied warranties. All other warranties or representations are hereby disclaimed, (including fitness for Buyer’s intended use or purpose) all parts being sold AS IS, without warranties beyond the parts description on the face thereof.

In no event shall Davidson be liable for incidental, consequential or property damage resulting from use of its products or any claimed defect therein. Davidson’s identification or selection or materials shall not create additional warranties or representations regarding design, engineering or material selection for any part ordered. Davidson further assumes no responsibility for defects in any way arising from Buyer supplying samples, dies, tooling or material requirements. Material descriptions on invoices, first article approvals (profiles) or certifications (highway products) only reflect general information supplied by outside vendors. No specific warranties or representations shall be created thereby, Davidson reserving the right to change vendors and material compounds from time to time. This limited warranty gives you specific legal rights and you may also have other rights which vary from state to state. Some states do not allow limitations on how long and implied warranty last, so the above limitation may not apply to you. Also, some states do not allow the exclusion or limitation of incidental or consequential damages so the above limitations or exclusions may not apply to you.

Buyer’s remedy shall in all instances be limited to repair or replacement of non-conforming/defective parts returned to Davidson’s plant. This limited warranty is conditioned upon: (1) Buyer’s proof that parts were inspected/tested for any latent or apparent non-conformities/defects within fifteen (15) days of delivery and (2) purchaser providing Davidson with a written description (and any supporting testing) off all claims hereunder within thirty (30) days of delivery.

5. Procedure for Warranty Returns. No warranty returns will be accepted without written authorization. Call Davidson for an RGA number. The assigned RGA is valid only for 60 days from the date Buyer’s written claims notification is received (no later than forty-five (45) days from shipment). For prompt review, please attach your RGA to all shipping and other documents related to your warranty claim.
    
6. Dispute Resolution/Choice of Law. The parties acknowledge that this agreement concerns a commercial transaction between parties of equal bargaining power and does not involve the sale of consumer goods. Davidson and Buyer shall work together to resolve any disputes arising from this order. Buyer agrees, at Davidson’s option, to submit any dispute regarding this order to alternative dispute resolution, including binding arbitration ("ADR"). The parties further agree that all legal action (including ADR) regarding this agreement or the goods shall take place in Seattle, Washington and shall be governed by Washington law. The prevailing party in any legal action shall be entitled to reasonable costs and attorneys fees.
    
7. Entire Agreement/Written Modification Only. This order and any supplemental certifications attached by Davidson reflects the entire agreement of the parties regarding this order and supersedes the terms of any previous order, agreement, representation or communication. In case of any conflict between these Terms & Conditions and inconsistent terms in any attachment furnished by Davidson, the terms of the attachment shall control.