STANDARD TERMS AND CONDITIONS OF SALE


The terms and conditions set forth in this document constitute the only terms and conditions applicable to the purchase of Goods or Services by Overland Concrete Supply Co. 


Overland Concrete Supply Company (OCS) – Terms and Conditions of Sale

1. General
All sales of goods by Overland Concrete Supply Company ("Seller") are subject to these Terms and Conditions. Any varying or additional terms proposed by the Buyer are rejected unless expressly agreed to in writing by an authorized representative of OCS.

2. Pricing and Quotations

  • Validity: All quoted prices are firm for 30 days from the date of issuance unless otherwise noted.
  • Adjustments: Seller reserves the right to adjust pricing on acknowledged orders with 30 days’ notice due to market volatility, including changes in raw material costs, tariffs, or freight increases.
  • Taxes: Prices do not include sales, use, excise, or other taxes, which are the sole responsibility of the Buyer.

3. Payment Terms

  • Standard Terms: Standard payment is Net 30 days from the date of invoice for customers with established credit.
  • Late Payments: Overdue balances shall accrue interest at a rate of 1.5% per month (18% per annum) or the maximum rate permitted by law.
  • Collections: Buyer agrees to pay all costs of collection, including reasonable attorney’s fees.

4. Delivery and Risk of Loss

  • F.O.B. Point: All domestic deliveries are F.O.B. Shipping Point. Title and risk of loss pass to the Buyer upon delivery to the carrier at our distribution centers (St. Louis, LA, Dallas, or Toledo).
  • Shipping Dates: Delivery dates provided are estimates only. Seller is not liable for delays caused by manufacturing lead times, international logistics, or force majeure events.

5. Inspection and Acceptance

  • Reporting Period: Buyer must inspect goods upon arrival. Claims for shortages, visible damage, or non-conformity must be submitted in writing within 5 business days of receipt.
  • Deemed Acceptance: Failure to provide written notice within this period constitutes final acceptance of the goods.

6. Limited Warranty and Liability

  • Warranty: Seller warrants that goods will be free from material defects in workmanship and material for 90 days from delivery.
  • Exclusive Remedy: Seller’s sole liability is limited to the replacement of the defective product or a credit for its purchase price. OCS is not liable for labor costs, equipment rental, or consequential damages resulting from product use.
  • Disclaimer: EXCEPT AS STATED ABOVE, SELLER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

7. Returns and Cancellations

  • Custom Orders: As a direct manufacturer, custom-engineered products or "Special Orders" are non-cancelable and non-returnable once production has commenced.
  • Stock Items: Unused stock items may be returned within 30 days of invoice, subject to a 25-30% restocking fee and pre-paid return freight.

8. Governing Law
These terms shall be governed by the laws of the State of Missouri. Any legal action must be brought in the courts of St. Louis County, Missouri.