800.603.9965
All orders are accepted and sales are made according to the below EMI Construction Products terms and conditions.
This price list document supersedes any previous price lists. ALL ORDERS ACCEPTED BY EMI Construction Products ARE SUBJECT TO CURRENT PRICES AT TIME OF SHIPMENT. Orders are subject to the approval of the Purchaser’s credit and final acceptance in Holland, Michigan.
Any sales tax, use or similar tax or other charges made by the Federal, State or Municipal Authority, applicable to the sale or use of products will be added to the price and will be paid by the customer.
All shipments are made on NET 30 DAYS terms. EMI reserves the right to require payment in full before the shipment is made. EMI reserves to the right to require payment before the manufacture of special order products.. Each shipment shall be deemed a separate and independent transaction and payment shall be made accordingly. PAST DUE ACCOUNTS ARE SUBJECT TO A 1-1/2% PER MONTH SERVICE CHARGE OR THE MAXIMUM ALLOWABLE LEGAL NOTE, WHICHEVER IS LOWER.
All prices are F.O.B. Factory. Risk of loss passes to Purchaser upon delivery of products to an agent of Purchaser or common carrier. A $10.00 charge will be added per package for each hazardous air shipment. EMI will allow drops to multiple locations. Drop charges and out of line miles will apply.
Please specify freight companies for your orders. EMI cannot be responsible for freight rates, shipping schedules, damage claims, billing errors, freezability of any freight carrier company.
Cost on standard EMI packaging is included in the price list. All pallets are triple wrapped.
Non-standard packaging, special colors, or variations other than those listed in the guide will be considered non-standard. Please contact Customer Service for more information. All non-standard items must be ordered in minimum batch sizes where applicable. We will make very effort to ship the exact amount, but EMI reserves the right to ship plus or minus 10% of the order. Non-standard produced products and materials cannot be returned for credit. All non-standard orders must be confirmed by written agreement prior to manufacture. All special (non-standard) colors not previously matched must by approved in writing by the customer prior to manufacturing the product.
EMI will not accept the return of product without prior written authorization. All returns must be freight prepaid. A return charge will be issued based on the billing price, less restocking, handling and other expenses incurred by EMI. Credit will be issued only on product that is received in original sealed containers, product that is undamaged and that is in good condition and can be re-sold. Credit will be issued according to the following:
- Up to 30 days from the date of purchase – full credit minus a 20% restocking charge
- 30 – 90 days from date of purchase – full credit minus a 25% restocking charge
- No returns will be accepted after 90 days from date of purchase
Products marked with an (F) are freezable and should be stored at temperatures above 32°F. During the winter season, some products may freeze during transportation. EMI cannot be responsible for damage caused by temperature in route.
Shortages or errors in billings must be reported in writing to EMI within five (5) days from receipt of shipment to secure adjustment. If shipments are received in a damaged condition or are short in the number of packages, the customer must have the carrier note this on the delivery receipt or paid freight bill. EMI will not process any claims without a signed delivery short receipt.
All products when properly stored, unless otherwise noted, have a shelf life of one year.
All transactions made pursuant here to shall be deemed to have been made and entered into in the State of Michigan. Any and all disputes arising directly or indirectly from such transactions shall be resolved in the courts of the State of Michigan, to the exclusion of any other court, and any resulting judgment may be enforced by any court having jurisdiction of such an action. All transactions shall be governed by and constructed in accordance with the laws of the State of Michigan.
All claims must be made within twelve (12) months from the date of delivery to the original user. Upon satisfactory proof of claim by Purchaser, EMI will, within a reasonable time, make the necessary repairs or replacements, or where foregoing are deemed by EMI to be commercially impractical, refund the purchase price upon return of the products. Repair or replacement provided under this remedy will be supplied by EMI free of charge, F.O.B. shipping point, freight prepaid and allowed at the lowest available commercial rate. Except for the following, EMI will not pay any incidental or consequential costs involved in repair or replacement such as field labor and equipment costs. Replacement or returns for credit will not be allowed unless authorized by EMI in writing.
The complete agreement between EMI and Purchaser is contained herein and no additional or different term or condition stated by Purchaser will be binding unless agreed to by EMI in writing. The failure of EMI to insist upon strict performance of any terms or conditions stated herein will not be considered a continuing waiver of any such term or condition or any of its rights, nor will it imply a course of performance between the parties.
Customer hereby agrees to indemnify EMI for any costs, including attorney’s fees, incurred by EMI as a result, in whole or in part, of any violation by Customer of any Federal, State or Local statute or regulation, or of any nationally accepted standard. It shall be Customer’s sole responsibility to comply with all applicable laws and regulations regarding the handling, use transportation, or disposal of products upon taking possession of same.
EMI will defend and hold harmless Purchaser of the products identified herein against charges of infringement of claims of United States patents issued at the time of acceptance of the order by EMI, provided such charges are based exclusively on alleged infringement by products designed and manufactured by EMI. Before this responsibility shall arise, EMI must be notified in writing and tendered the right to defend, settle or make changes for the purpose of avoiding infringement. Under no circumstances will EMI’s total liability to Purchaser for damages incurred as a result of any patent infringement exceed that which is agreed to in the remedy clause stated herein.
