Terms | Fortyeleven Pipe Ll

Terms of Sale for Purchase Contracts

These Terms of Sale (“Terms”) govern the sale of goods or services ("Products") by FortyEleven Pipe, LLC (“Seller”) to the customer (“Buyer”). By accepting a purchase order, or making a purchase, the Buyer agrees to these Terms. If this agreement conflicts with any separate agreements, the terms of the separate agreement shall prevail.

1. Acceptance of Order

Agreement: A purchase order placed by the Buyer constitutes an offer to purchase the Products under these Terms. The Seller’s acceptance of this offer is contingent on the Buyer’s agreement to these Terms. Orders will only be considered accepted once the Seller issues an order confirmation or ships the Products.
Modification of Order: No modification, alteration, or addition to these Terms will be binding unless agreed to in writing by an authorized representative of the Seller.

2. Pricing and Payment

Prices: All prices for Products are as stated on the Seller’s order confirmation or invoice. Prices are subject to change without notice until a purchase order is confirmed by the Seller. Taxes, shipping, and handling costs will be added to the purchase price, as applicable.
Payment Terms: Unless otherwise agreed upon, full payment is due within 30 days from the date of the invoice. Payment may be made by wire transfer, check, or other methods as agreed by the Seller.
Late Payments: Payments that are not received by the due date may be subject to interest of 5% charged or the maximum amount allowed by law.

3. Delivery

Shipping and Handling: Shipping methods and charges will be specified on the order confirmation or invoice. Delivery times are estimates and are not guaranteed. The Seller is not responsible for delays caused by third-party shipping carriers, weather, or any other factors outside of Seller's control.
Title and Risk of Loss: Risk of loss or damage to the Products will pass to the Buyer upon shipment, and title to the Products will transfer once the Products have been delivered to the designated carrier.
Delivery Failure: If the Buyer fails to accept delivery of the Products as per the agreed terms, the Seller may charge storage fees or cancel the order.

4. Inspection and Acceptance of Goods

Materials shall be subject to Seller’s standard manufacturing variations, classifications and extras. Seller reserves the right to change specifications at any time without incurring obligation for equipment previously or subsequently sold. All goods made to special specifications are deemed to be inspected and accepted before shipment is made. Packaging and loading will comply with current Simplified Practice Recommendations, Steel Products, published by U. S. Department of Commerce and loading rules of Association of American Railroads.

Returns: Products may only be returned if they are defective, damaged, or not as ordered, and in accordance with the Seller's return policy. The Buyer is responsible for the cost of return shipping unless the Products are defective or shipped in error.

5. Warranty

Limited Warranty: The Seller warrants that the Products will be free from defects in materials and workmanship under normal use for a period of 12 months from the date of purchase. This warranty does not cover defects caused by misuse, neglect, or improper handling of the Products. NO WARRANTY EITHER EXPRESS OR IMPLIED IS MADE BY SELLER AS TO THE FITNESS, MERCHANTABILITY, CONDITION, CAPACITY OR EFFICIENCY OF ANY GOODS SOLD
Exclusive Remedy: The Seller’s sole liability under this warranty is limited to the repair or replacement of defective Products at the Seller’s discretion.

6. Limitation of Liability

The Seller will not be liable for any indirect, incidental, special, or consequential damages arising out of or related to the sale, use, or performance of the Products. The Seller’s total liability, regardless of cause, will not exceed the total amount paid by the Buyer for the Products.

7. Force Majeure

The Seller shall not be liable for any delay or failure in performance due to circumstances beyond the Seller’s reasonable control, including but not limited to natural disasters, labor strikes, shortages, or any event that affects the Seller’s ability to supply the Products.

8. Governing Law

These Terms and any related disputes will be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles. The parties agree to submit to the jurisdiction of the courts located in the State of Texas for any disputes. Seller hereby irrevocably consents to the jurisdiction of the Federal and Texas State courts located in the City of Houston in connection with all suits, actions or other proceedings arising out of or in relation to this Contract. SELLER SPECIFICALLY WAIVES ANY RIGHT TO A JURY TRIAL.

9. Confidentiality

The Buyer agrees not to disclose, publish, or share any confidential information provided by the Seller during the course of the transaction, including but not limited to product specifications, pricing, and business strategies.

10. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.

11. Entire Agreement

These Terms, along with any additional agreements or documents referenced herein, constitute the entire agreement between the Buyer and the Seller regarding the sale of Products and supersede all prior negotiations or understandings.