STANDARDS EXCLUSIONS & QUALIFICATIONS
CSC Steel Corporation (“CSC”) specifically excludes the following:
- Architectural drawings or any drawings not specifically listed.
- All deck accessories except as listed on the quote.
- Deck over light gauge.
- Bolts other than SJI standard (bolts to connect CSC-to-CSC products are included).
- Additional web members under concentrated loads.
- Kickers, bracing, structural shapes, oversized bridging and plates (Standard joist girder bottom chord braces are included).
- Framing or headers for openings.
- Loose extensions (BCX) and ceiling extensions.
- Holes, clips and plates to attach other trades.
- Two-way slope seats (fabricator must supply a bent plate).
- AWS D1.1 welding (quote is per SJI specifications).
- Holes or slots in bottom chord.
- Sequences less than 80 tons unless specifically listed in quote.
- Partial freight (trucks will be filled out at CSC’s convenience).
- ICC-ES, IAPMO, City Approval or Research Evaluation Reports.
- Signed and sealed drawings (calculations can be supplied upon request).
- Connection and tie product to transfer axial loads or moments at joist and/or girder seats.
- Special coatings and special surface preparation.
- Deck support fasteners (screws and pins).
- Punch-Lok or Delta Grip Proprietary Connections.
- Weld washers for deck 22 gauge and heavier.
- Shear studs.
- Shoring (if required).
- Testing and all outside inspection costs.
- Field measurements and existing condition evaluations.
- Attachment of any member or component to wood nailer joists.
- Embedded bearing plates and anchors.
- Hard copies of approval and / or field use drawings.
- Special “bay bundling” of joist and/or deck.
- Jobsite access, traffic control, hoisting, and unloading (provided and maintained by others).
- Jobsite access for oversized loads (to be verified by others).
STANDARD TERMS AND CONDITIONS OF SALE
These Standard Terms and Conditions of Sale (“Standard Terms”) are incorporated into, and become a part of, each quote, purchase order, release, work order, sale, invoice, and other agreement, whether expressed in written form, by electronic data exchange or other format, relating to the Products and/or Services to be provided by CSC (collectively referred to as the “Quote”). CSC objects to, and does not agree to be bound by, any changes to these Standard Terms unless agreed to in writing by both parties. If Buyer accepts this Quote and/or Buyer issues a purchase order to CSC, Buyer will be deemed to have agreed that these Standard Terms are incorporated into the contract of sale and any additions to, changes in, modifications of, or revisions of these Standard Terms which Buyer proposes or includes in any purchase order or other document in use by Buyer will be deemed to have been rejected by Seller unless agreed in writing by CSC.
JOIST PRIMER. Joists & bridging material will be furnished with one shop coat (less than 1.0 mil DFT) of standard GRAY dip applied primer per SJI specifications. The coating may not be uniform and may include drips, runs and sags. If a finish coat of paint or fireproofing is applied over the standard shop primer, compatibility shall be the responsibility of the prime painting contractor or fireproofing contractor. The primer coating may require touch-up/repair as a result of the following: (1) abrasions from dunnage and handling at the job site; (2) dirt; (3) diesel smoke; (4) road salt; (5) weather conditions during storage. CSC is not responsible for any touch-up application of the temporary protective primer.
DECK PRIMER AND GALVANIZED COATING. Decking will be furnished with the manufacturer’s standard primer or galvanized finish. Deck primer shall also be considered as an impermanent and provisional coating. Product handling and dunnage will create scratches. Deck primers, especially white, are very sensitive to stain from rusting. CSC will not accept responsibility for handling, storage and protection of products at site. White or gray primer over a cold rolled steel deck substrate is an impermanent coating that is intended to protect the steel for only a short period of exposure in ordinary atmospheric conditions. It should not be considered a finished product. Galvanized coatings may be subject to oxidation (white rust) if exposed to the environment. Just in time receipt of product and proper storage and handling procedures are imperative to minimize rusting, oxidation, or rust staining. CSC will not be held responsible for rusting, oxidation, or rust staining on this product and will not accept any charges for field painting or touch up work.
GENERAL TOLERANCES, VARIATIONS AND INSPECTION-INFORMATION PROVIDED BY OTHERS. CSC provides steel manufactured from coil using the Basic Oxygen Furnace process with an industry standard 34.2% recycled content per AISI (19.8% post-consumer and 14.4% pre-consumer). In the absence of a specific SJI or SDI standard specification, all joists and decking (“Products”), shall be subject to tolerances and variations consistent with usages of the trade and regular practices, regardless of the exactness of the specification. CSC is entitled to rely on the accuracy and completeness of plans, drawings, specifications, reports, surveys and other information provided to CSC. CSC shall not be liable for the errors, inconsistencies, ambiguities or omissions of documents (electronic or hard copy) and electronic models prepared by Designer or by any other party. CSC’s obligation to examine documents, reports, surveys, materials and work furnished by others is limited to notification to Buyer of any defects or deficiencies that a person in the trade of CSC would discover by reasonable visual inspection. No testing beyond reasonable visual inspection shall be required. CSC reserves the right to modify the design and fabrication or to substitute the material with material of equal or superior quality to that provided for in the Agreement, provided that such modification or substitution shall not take place without Customer’s prior written consent if such modification or substitution results in an increase in the Agreement price.
QUANTITIES AND PRICES. All quantities shown on page one (1) of the Quote are CSC’s estimate of the product(s) needed to complete the Buyer’s project per the plans and specifications reviewed and acknowledged by CSC. QUOTATION IS VALID FOR 15 DAYS. Quotes not executed and returned by Buyer without modification during this period, or having any change in scope will require a review by CSC to determine if an adjustment in material price is warranted. Any changes by Buyer before or after the execution of this Quotation shall entitled CSC to modify the price and/or schedule. Additionally, if the order does not ship during 120 days from the date of this quote due to the actions or inactions of Buyer, CSC may adjust the price and schedule, and, if customer does not accept any such adjustment, CSC may cancel this order and Buyer shall pay CSC for any costs incurred through the cancellation date. CSC reserves the right to present sourcing and procurement opportunities to address construction schedules/durations extending beyond these terms prior to the award of the contract
TERMS OF PAYMENT. Subject to CSC’s credit approval and unless Buyer is notified to the contrary by CSC’s Credit Department, Buyer shall be allowed a discount of 1/2 % if payment in full is received by CSC within ten (10) days of invoice date. The invoice amount shall be paid in full without setoff or defense within thirty (30) days from the date of invoice. Buyer shall not be allowed retainage. Buyer is responsible for payment for any sales, use, value added or other tax applicable on purchases that are not exempt under proper exemption certificates delivered to Buyer. CSC may invoice Buyer for 90% of the amount due for any product(s) that is not accepted for delivery in a reasonable amount of time after fabrication. CSC may require full payment prior to fabrication or shipment, or other security acceptable to CSC. CSC may impose a late charge of 1 1/2 % per month or the maximum allowed by law on all invoices not paid within 30 days of issuance. CSC does not agree to waive applicable laws, ordinances, regulations, rules or orders regarding mechanic’s liens, bonds, prompt payment, trust funds, or any other applicable statutory protections afforded to its work and/or the right to payment regarding the same. CSC may submit monthly progress invoices on the purchase price based on a mutually agreeable schedule of values to be paid within thirty (30) days of invoice billings.
SCHEDULE. Buyer must specify the delivery date at the time of order placement. Any changes in scope may impact the delivery date. If the Buyer requests any changes to the delivery date within four (4) weeks of the originally specified date, CSC reserves the right to fabricate materials on the original delivery date and invoice for finished goods, and such invoice shall be due within thirty days of receipt of the invoice, regardless of delivery status. If Buyer has failed to provide all information required by CSC within four (4) weeks of the delivery date, the date becomes void, and CSC will set a new delivery date after the missing information is provided.
CHANGE ORDERS AND CANCELLATION. Any changes in design, including any additions, deletions or cancellations will require repricing and rescheduling. CSC shall not be obligated to proceed with fabrication or incorporate any changes without a signed mutually negotiable change order. If the project is cancelled or substantially reduced, CSC may charge and Buyer shall pay a cancellation fee that will include all costs to date including, but not limited to, order processing, drafting and engineering hours, steel procurement, and fabricated materials to date. Steel procurement costs will be valued at the cost of steel at the time of contract execution based on the CRU steel index for the entire order quantity.
CREDIT APPROVAL. All orders are subject to current credit approval and require certain project information. Buyer agrees to provide CSC with all credit and project information CSC requests, and represents and warrants to CSC now, and each time Buyer places an order, that all information provided regarding credit and each project is correct, and that Buyer has not omitted any information necessary to make such information not misleading. CSC may refuse to accept an order or refuse shipment if at any time Buyer does not meet CSC’s current credit requirements.
STORED MATERIAL. As an accommodation to the Buyer, CSC may agree that storage of either raw materials or materials fabricated in conformance with the plans and specifications for the project may be stored until such time as the materials, or portions thereof, are needed for inclusion in the construction of the Project. This accommodation shall only be considered, if mutually agreed and certified by the Buyer, payment for materials in storage is made in accordance with Terms of Payment established in these terms and an executed Bill of Sale, including provision that title of inventory (raw materials or finished goods) is transferred upon receipt of FULL payment for inventory / finished goods cost invoiced. Finished goods will be stored at no charge for a period of 30 days. A storage fee of 1.5% of invoice value will be assessed per month thereafter.
DELIVERY/TENDER OF PRODUCT(S)/RISK OF LOSS. If CSC arranges for transportation, CSC shall tender all products at the customer specified location during regular working hours. Buyer shall coordinate receipt of products from CSC at Delivery Point. In such case, Buyer shall assume all risks associated with products (other than warranty) and shall safeguard all products upon delivery. Delivery shall have occurred when products have been unloaded from the delivery truck or the trailer has been unhitched from the truck and left at Delivery Point. CSC is not responsible for unloading or the cost of unloading. If Buyer arranges for transportation, CSC shall tender all products at its production facility during regular working hours and Buyer shall assume all such risks or loss or otherwise upon tender. If CSC arranges transportation, the quotation includes normal transportation costs. Seller agrees to pay all surcharges for transportation costs imposed by CSC due to transportation market conditions that differ materially from those at the time of quotation.
Title to products shall in no case transfer from CSC to Buyer, owner or any third-party until CSC received payment in full for the products. Buyer shall insure products against loss until they are paid in full and shall have CSC added as loss payee on its insurance policies.
CSC shall not be liable for any damages, defects or deficiencies in the products that are caused by others after the products are delivered to Buyer. Buyer shall be liable for any added costs incurred by CSC, including additional transportation, storage or double handling costs, resulting from Buyer’s failure to receive products at Delivery Point when scheduled. If, in CSC’s determination, it is impractical to reach the Delivery Point to deliver the products, the place of delivery shall be deemed to be that place where the delivery truck can reasonably proceed. The price for truck delivery includes two hours’ time for unloading after arrival of the truck. Excess unloading time will be charged to Buyer. Under no circumstances will CSC be liable for any waiting time. CSC will not allow any claims for shortages unless noted on the shipping papers at the time of delivery.
FORCE MAJEURE. Under no circumstances shall CSC be liable for any delays which are caused by an event that a. was beyond the reasonable control of CSC, b. could not reasonably have been foreseen, c. could not reasonably have been prevented by means reasonably available to the CSC, and d. occurred without the fault or neglect of the CSC. In the event of such delays, the time of performance of the Agreement shall be extended accordingly.
CLAIMS. BUYER SHALL PROMPTLY INSPECT THE PRODUCTS UPON DELIVERY. CLAIMS FOR SHORTAGES, PRODUCTS DAMAGED IN TRANSIT AND FOR ALLEGED DEFECTIVE PRODUCT MUST BE REPORTED TO CSC UPON RECEIPT AND IN WRITING NO LATER THAN TEN (10) DAYS OF PRODUCTS ARRIVING AT DELIVERY POINT. ALL PRODUCTS MUST BE HELD FOR INSPECTION BY CSC AND SHALL NOT BE RETURNED TO CSC WITHOUT CSC’S WRITTEN CONSENT. BUYER SHALL NOT FURNISH ANY PRODUCTS OR DO ANY WORK FOR CSC’S ACCOUNT WITHOUT AUTHORIZATION FROM CSC AS TO THE SCOPE OF WORK AND COST THEREOF. BUYER SHALL NOT WITHHOLD PAYMENT PENDING ADJUSTMENT OF CLAIMS.
TERMINATION. In the event of a Termination for any reason, CSC shall be entitled to payment from Buyer for all costs incurred by CSC up to the date of termination, plus: (i) reasonable overhead and profit on performed work.
WARRANTIES, LIMITATION OF LIABILITY AND INDEMNIFICATION. All (a) Joists and/or girders, bridging, and accessories (collectively referred to in this quote as “Joists”) shall conform only with the Steel Joist Institute Specifications (“SJI”) and Recommended Code of Standard Practice, including cambering, welding and painting; and (a) decking shall conform only to the specifications of the Steel Deck Institute (“SDI”). All products manufactured by CSC are warranted for a period of 1 year following the date of delivery to be free from defects in workmanship and material. During such period CSC will, without cost to Buyer, at CSC’s option, either (i) repair defective materials; (ii) furnish replacement materials; or (iii) grant a credit to Buyer’s account in the amount of Buyer’s net purchase price of such defective materials. Defective conditions in the materials caused by third parties, acts of God, defective installation, other trades, abnormal use or stress or other matters unrelated to the CSC’s activities are specifically excluded from this warranty. THE FOREGOING WARRANTIES ARE EXCLUSIVE AND ARE GIVEN AND ACCEPTED IN LIEU OF ANY AND ALL OTHER WARRANTIES EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL OTHER REMEDIES. THESE ARE THE ONLY REMEDIES OF BUYER FOR ANY BREACH OF WARRANTY OR ANY OTHER CLAIM. CSC’S TOTAL LIABILITY ARISING OUT OF THE SUPPLYING OF THE MATERIALS, OR THE USE OF THE MATERIALS, WHETHER ON WARRANTIES OR CLAIM OF NEGLIGENCE, OR OTHERWISE, SHALL NOT IN ANY CASE EXCEED THE COST PAID BY BUYER TO CSC FOR THE MATERIALS AND IN NO CASE SHALL CSC BE LIABLE TO BUYER OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR LIQUIDATED DAMAGES. Buyer agrees to indemnify and hold CSC harmless from all claims, demands, and costs, including reasonable attorney fees, made by third parties against CSC relating to Buyer’s use or installation of materials, and to pay any costs and expenses incurred by CSC to enforce Buyer’s obligations, including, without limitation, the costs of collection.
APPLICABLE LAW. This agreement and transactions hereunder shall be governed by the laws of the state of Maryland.
Equal Employment Opportunity and Other Required Notices. CSC and Buyer shall abide by the requirements of 41 CFR Section 60-1.4(a), 60- 300.5(a), and 60-741.5(a). These regulations prohibit discrimination against qualified individuals based on their status as protected veterans or individuals with disabilities, and prohibit discrimination against all individuals based on their race, color, religion, sex or national origin. Moreover, these regulations require that covered prime contractors and subcontractors take affirmative action to employ and advance in employment individuals without regard to race, color, religion, sex, national origin, protected veteran status or disability.”
Buy American/Buy America Requirements. Buyer must clearly and affirmatively notify CSC of the applicability of any order, law, regulation or other requirement that products to be sold to Buyer consist wholly or partly of materials or components produced in the United States, or that the material comprising such products be assembled in the United States. If Buyer fails to notify CSC of any such requirements, Buyer shall be obligated to accept delivery and pay for the products, regardless of any such requirement, and Buyer agrees to fully indemnify and hold CSC harmless from and against any costs and expenses, including reasonable attorney fees, incurred by CSC in connection with Buyer’s omission.
Erection Safety Requirements. Certain federal and state laws regulate the installation of joists and decking, including 29 CFR PART 1926 – SAFETY STANDARDS FOR STEEL ERECTION. It is Buyer’s responsibility to comply with such laws. If Buyer requires joists and decking to be manufactured to specific standards to meet such regulations, it is Buyer’s responsibility to inform CSC and provide appropriate specifications. CSC is not responsible for any requirements not specifically requested by Buyer or based on missing or incorrect information from Buyer.
NEW JERSEY PREVAILING WAGE ACT,” P.L.1963, c.150 (C.34:11-56.25 et seq.) Buyer must clearly and affirmatively notify CSC of the applicability of any act, regulation or other requirement that the price of products to be sold to Buyer exceed the prevailing wage contract threshold amount for any public work to which any public body is a party or for public work to be done on property or premises owned by a public body or leased or to be leased by a public body. If Buyer fails to notify CSC of any such requirements, Buyer shall be liable for any excess costs occasioned thereby and Buyer agrees to fully indemnify and hold CSC harmless from and against any costs and expenses, including reasonable attorney fees, incurred by CSC in connection with Buyer’s omission.
NOTICE: THIS PROPOSAL IS CONTINGENT ON A LACK OF IMPACT BY THE COVID-19 PANDEMIC. Given the existence of the coronavirus pandemic, CSC will use its best efforts to supply this project pursuant to the agreed upon delivery date. However, please be advised that if CSC’s performance may be delayed by supply shortages or delays, governmental restraints on business, travel and/or assembly, and labor shortages caused by the emergency. CSC shall not be responsible for delays reasonably due to these issues.