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TERMS AND CONDITIONSPRINT

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.

Nucor Corporation, by and through its Vulcraft Group divisions, affiliates and subsidiaries (collectively hereinafter “Company”), owns and operates the websites vulcraft.com, vulcraft.ca, ecospan-usa.com, redicor.com (individually or collectively hereinafter the “Site”). By using the Site, you signify your agreement to these Terms and Conditions of Use (“Terms and Conditions”). If you do not agree to all of these Terms and Conditions, do not use the Site. Company may revise and update these Terms and Conditions at any time. Your continued usage of the Site will mean you accept those changes.

  1. Use of Content.
    1. The contents of the Site, such as text, graphics, user interfaces, visual interfaces, images, logos, trademarks, servicemarks, specifications, certifications, technical guidelines, catalogs, Tools (as defined below), software, data, and other Company material contained on the Site, including the design, structure, selection, coordination, expression, “look and feel” and arrangement of the foregoing (collectively “Content”), is protected by copyright, trademark, and/or other laws of the United States, Canada, and/or Mexico. Ownership of the Content remains with Company, its licensors, or third-party content providers. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. No part of the Site or Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, sold, used to prepare derivative works, or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Company’s express prior written consent. In addition to the use of the Content provided under this Section 1, the portion of the Content related to the Tools is further subject to Section 3 below. Content may contain technical inaccuracies or typographical errors.
    2. You are not authorized to download or print Content, except that you may download or print no more than one (1) copy of Company’s catalogs for your internal business use if you include all copyright and proprietary rights notices that are contained in such catalogs. Any special rules for the use of certain Content accessible on the Site may be included elsewhere within the Site and are incorporated into these Terms and Conditions by reference.
    3. If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
  2. Use of the Site.
    1. In your use of the Site, you agree to act responsibly in a manner demonstrating the exercise of good judgment. For example and without limitation, you agree not to (i) use the Site for any purpose in violation of local, state, federal, provincial, international, or other applicable laws; (ii) insert your own or a third party’s advertising, branding or other promotional content into any of the Content or use, redistribute, republish or exploit the Content for any further commercial or promotional purposes; (iii) infringe or violate the rights of any third party, including without limitation, intellectual property, privacy, publicity or contractual rights; (iv) engage in spidering, “screen scraping”, “database scraping”, harvesting of e-mail addresses, wireless addresses, other contact or personal information, any Content, or any other automatic means of obtaining lists of users or other information from or through the Site or the services offered on or through the Site, including without limitation any information residing on any server or database connected to the Site; (v) attempt to interfere with, interrupt, damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site or the Content, through the use of any device, software, or routine, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology; (vi) probe, scan, or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site; (vii) attempt to gain unauthorized access to other computer systems through the Site; (viii) assist anyone else in doing any of the foregoing; or (ix) attempt (or encourage or support anyone else's attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Site or any Content thereof, or make any unauthorized use thereof. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided through the Site.
    2. Unless products or services are sold directly through a location on the Site, such as through a Tool, any cost estimates provided elsewhere on the Site, or through a Tool, if any, are simply estimates and should not be relied on by you for any purpose, as such, these estimates are not quotes or offers by Company to sell any products or services to you.
  3. Use of Tools.
    1. You further agree that your use of the functionality and tools provided on the Site, including the functionality and tools for providing engineering specifications or designs, through web-based applications or downloadable software or add-ins, (collectively “Tools”), is for the sole purpose of identifying potential products or services (except for Tools through which products or services are sold directly). Output returned by a Tool may include suggestions from Company’s catalogs or data sheets, or calculations made therefrom; as such, the information accessed through use of any Tool is presented for general information only and is not to be used or relied upon for any application without independent verification by a licensed professional engineer, or other qualified professional.
    2. In addition to the obligations provided under Section 1 with respect to the Content, you further agree (i) not to, or allow any third party to, disassemble, decompile, or otherwise reverse engineer any Tool provided by or through the Site, including the executable, object, or source code of such Tool; and (ii) to receive independent verification by a licensed professional engineer, or other qualified professional, of the information accessed through the use of any Tool.
    3. You hereby agree, warrant and represent to Company that you own or otherwise have rights, including any intellectual property and other proprietary right, in and to any data or other information that you provide in connection with your use of any Tool and you hereby grant Company a license to use such data and other information, including in connection with any Tool. Moreover, you warrant and represent that none of the data or other information that you provide in connection with your use of any Tool infringes any third party’s intellectual property and other proprietary rights.
  4. Liability.
    1. COMPANY IS NOT RESPONSIBLE FOR ANY VIRUSES OR OTHER ROUTINES THAT HARM YOUR COMPUTER OR SOFTWARE, WHICH YOU MAY COME IN CONTACT WITH WHILE USING THE SITE; NOR IS COMPANY RESPONSIBLE FOR ANY FAILURE, MECHANICAL OR OTHERWISE, OF THE SITE OR OF ANY CONTENT OR SERVICES, INCLUDING THE TOOLS, AVAILABLE THROUGH THE SITE. FURTHERMORE, WHEN USING THE SITE, INFORMATION WILL BE TRANSMITTED OVER A MEDIUM THAT MAY BE BEYOND THE CONTROL AND JURISDICTION OF COMPANY. ACCORDINGLY, COMPANY ASSUMES NO LIABILITY FOR OR RELATING TO ANY DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION OR MATERIAL TRANSMITTED TO OR RECEIVED FROM THE SITE.
    2. THE SITE AND THE CONTENT, INCLUDING THE TOOLS AND ANY INFORMATION PROVIDED THROUGH THE TOOLS, ARE PROVIDED ON AN “AS IS” BASIS. COMPANY, ITS LICENSORS, AND ITS THIRD-PARTY CONTENT PROVIDERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
    3. TO THE BEST OF COMPANY’S KNOWLEDGE, THE INFORMATION CONTAINED IN THE CONTENT IS ACCURATE. HOWEVER, COMPANY, ITS LICENSORS, AND ITS THIRD-PARTY CONTENT PROVIDERS, INCLUDING ANY THIRD-PARTY PROVIDERS OF ANY PORTION OF THE TOOLS, MAKE NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, THAT THE CONTENT INCLUDED IN OR AVAILABLE THROUGH THE SITE IS ACCURATE, RELIABLE, CURRENT OR CORRECT FOR ANY PARTICULAR PURPOSE OR USE; THAT THE CONTENT WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED.
    4. IN NO EVENT SHALL COMPANY, ITS LICENSORS, OR ITS THIRD-PARTY CONTENT PROVIDERS BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, EXEMPLARY, INCIDENTAL, AND CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, DAMAGE TO PROPERTY, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE OR THE CONTENT, INCLUDING THE TOOLS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT COMPANY, ITS LICENSORS, OR ITS THIRD PARTY CONTENT PROVIDERS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
    5. Any claims arising in connection with your use of the Site or any Content must be brought within one (1) year of the date the event giving rise to such action occurred. Your remedies arising from any claim relating to the Site or the Content that are set forth in these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.
  5. User Submissions.
    1. By submitting to Company via e-mail or the Site any ideas, suggestions, concepts, methods, systems, designs, plans, techniques, business information, inventions, how-to or product information or material relating to Company’s business, products, or services, including any submissions made to the Tools (collectively, “Ideas”), you: (i) agree such submission is non-confidential for all purposes, (ii) grant Company an unrestricted, irrevocable, perpetual, sub-licensable, transferrable, royalty free license to use, reproduce, display, perform, modify, transmit and distribute the Ideas, where applicable, and (iii) represent and warrant that you own or have a license to, or otherwise control all of the rights to, the Ideas and that Company is free to use the Ideas that you provide Company for any purpose. Company may sublicense its rights through multiple tiers of sublicenses.
    2. You acknowledge and agree that any personal information you provide to Licensor (including, without limitation, your name, company, title, address, telephone number, e-mail address, social media contact information) will be subject to our privacy policy (Privacy Policy and California Privacy Rights) which is incorporated into these Terms and Conditions by reference.
  6. Links to Other Sites. Company may provide links to third-party websites and websites of parent, subsidiary, and affiliate companies (“Linked Sites”). THESE LINKED SITES ARE NOT UNDER COMPANY’S CONTROL, AND COMPANY IS NOT RESPONSIBLE FOR, AND DOES NOT ENDORSE, THE CONTENT OF LINKED SITES, AND DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THEIR CONTENT OR ACCURACY. YOUR USE OF LINKED SITES IS AT YOUR OWN RISK AND SUBJECT TO THE TERMS AND CONDITIONS OF USE FOR SUCH LINKED SITES.
  7. Indemnity. YOU AGREE TO DEFEND (USING COUNSEL ACCEPTABLE TO COMPANY, IN ITS SOLE DISCRETION), INDEMNIFY AND HOLD COMPANY, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, LICENSORS, AFFILIATE, AND SUPPLIERS, HARMLESS FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, EXPENSES, CAUSES OF ACTION, DEMANDS, SETTLEMENTS, AND/OR DAMAGES (INCLUDING REASONABLE LEGAL FEES AND COSTS) RESULTING FROM, OR ALLEGED TO RESULT FROM: (I) YOUR USE OF AND ACCESS TO THE SITE AND CONTENT; (II) YOUR VIOLATION OF ANY TERM OF THESE TERMS AND CONDITIONS; (III) INFORMATION OR MATERIAL PROVIDED TO COMPANY BY YOU; (IV) A THIRD PARTY’S RIGHTS (INCLUDING, BUT NOT LIMITED TO, PATENTS, COPYRIGHTS, TRADEMARK, TRADE SECRETS, OR OTHER INTELLECTUAL OR PROPRIETARY RIGHT, MORAL RIGHTS, RIGHTS OF PRIVACY, AND REPUTATIONAL RIGHTS) THAT WERE VIOLATED BY ANY INFORMATION OR MATERIAL PROVIDED TO COMPANY BY YOU OR BY COMPANY’S PUBLICATION OR OTHER LAWFUL USE OF ANY INFORMATION OR MATERIAL PROVIDED TO COMPANY BY YOU. COMPANY RESERVES THE RIGHT TO ASSUME, AT YOUR COST, THE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL COOPERATE WITH COMPANY IN ASSERTING ANY AVAILABLE DEFENSES.
  8. General.
    1. Company has locations throughout at least one of the United States, Canada, and Mexico. Company makes no claims that the Site and the Content are appropriate or may be downloaded outside of the location in which the Company is located. Access to the Content may not be legal by certain persons or in certain countries. If you access the Site from outside of the location in which the Company is located, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
    2. Company reserves the right to do any of the following: (i) to modify, suspend or terminate operation of or access to any portion of the Site or Content thereon, for any reason, including without limitation, if Company believes that your conduct violates applicable laws or is harmful to the interests of Company; (ii) to modify or change any portion of the Site or Content thereon; or (iii) to interrupt the operation of any portion of the Site or Content thereon, as necessary to perform routine or non-routine maintenance, error correction, or other changes. All rights not expressly granted herein are reserved to Company and its licensors.
    3. If Company takes any legal action against you as a result of your violation, or pursuant to any provision, of these Terms and Conditions, Company will be entitled to recover from you, and you agree to pay all reasonable legal fees and costs of such action, in addition to any other relief granted to Company. You agree that Company will not be liable to you or to any third party for termination of your access to the Site or Content as a result of any violation of these Terms and Conditions.
    4. The following provisions survive the expiration or termination of these Terms and Conditions and your use of the Site for any reason whatsoever: Section 3, Section 4, Section 5, Section 6, Section 7, Section 8c, this Section 8d, Section 9, Section 10, and any provision that by its nature would survive expiration or termination.
    5. With respect to users located in Canada, the parties to these Terms and Conditions hereby confirm their express wish that these Terms and Conditions, as well as all other documents related to it, including but not limited to all confirmations, notices, waivers, consents and other communications between the parties in connection with these Terms and Conditions be in the English language only and declare themselves satisfied with this; Les parties aux présentes conditions générales par les présentes confirment leur volonté expresse que ces termes et Conditions, ainsi que tous les autres documents concernant, y compris mais non limité à tous les confirmations, les avis, les dispenses, consentements et autres communications entre les parties dans le cadre de ces modalités et Conditions en langue anglaise seulement et se déclarent satisfaits de cette.
  9. Jurisdiction.
    1. United States
      1. With respect to users located in the United States, you expressly agree that exclusive jurisdiction for any dispute with Company, or in any way relating to your use of the Site, resides in the state or federal courts located in Charlotte, North Carolina, and you further agree and expressly consent to the exercise of personal jurisdiction of such courts in connection with any such dispute including any claim involving Company or its parent companies, affiliates, subsidiaries, employees, contractors, officers, and directors.
      2. With respect to users located in the United States, these Terms and Conditions are governed by the laws of the State of North Carolina without respect to the conflict of law principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any provision of the Terms and Conditions shall be deemed a further or continuing waiver of such provision of the Terms and Conditions or any other provision therein.
    2. Canada
      1. With respect to users located in Canada, you expressly agree that exclusive jurisdiction for any dispute with Company, or in any way relating to your use of the Site, resides in the courts in the City of Toronto, Ontario, and you further agree and expressly consent to the exercise of personal jurisdiction of such courts in connection with any such dispute including any claim involving Company or its parent companies, affiliates, subsidiaries, employees, contractors, officers, and directors.
      2. With respect to users located in Canada, these Terms and Conditions are governed by the internal substantive laws of Ontario, Canada, without respect to the conflict of law principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any provision of the Terms and Conditions shall be deemed a further or continuing waiver of such provision of the Terms and Conditions or any other provision therein.
    3. Mexico
      1. With respect to users located in Mexico, you expressly agree that exclusive jurisdiction for any dispute with Company, or in any way relating to your use of the Site, resides in the courts in Mexico City, Mexico, and you further agree and expressly consent to the exercise of personal jurisdiction of such courts in connection with any such dispute including any claim involving Company or its parent companies, affiliates, subsidiaries, employees, contractors, officers, and directors.
      2. With respect to users located in Mexico, these Terms and Conditions are governed by the internal substantive laws of Mexico, without reference to, or application of, its conflict of laws rules and principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any provision of the Terms and Conditions shall be deemed a further or continuing waiver of such provision of the Terms and Conditions or any other provision therein.
  10. Complete Agreement. These Terms and Conditions, along with any End User License Agreement, if any, for the Tools, constitutes the entire agreement between you and Company with respect to the use of the Site and Content, including the Tools. Company’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which such products and services are provided, and nothing on this Site should be construed to alter such agreements.

Questions or comments regarding the Site should be submitted to:

In the United States or Mexico:

Vulcraft
P.O. Box 729
Norfolk, NE 68702
Attention: Marketing
Phone: (402) 844-2400
E-mail: marketing@vulcraft.com

In Canada:

Vulcraft
1362 Osprey Dr.
Ancaster, ON L9G 4V5
Attention: Suresh Jacob
Phone: (289) 443-2000
E-mail: marketing@vulcraft.com


TERMS AND CONDITIONS OF SALEPRINT

All sales by the member of the Vulcraft Group of Nucor Corporation identified on the applicable sales order acknowledgement ("Vulcraft") are made subject to the following terms and conditions. Vulcraft expressly rejects any different or additional terms or conditions contained in any document(s) submitted by Buyer. Vulcraft's provision of credit, acceptance of any purchase order and/or sale of any goods are expressly made conditional on Buyer's assent to these terms and conditions. All orders by Buyer are only accepted upon issuance of Vulcraft's sales order acknowledgement.

  1. Except as otherwise agreed in a writing signed by Buyer and Vulcraft, these terms and conditions constitute the entire agreement between Vulcraft and Buyer relating to the sale of such goods by Vulcraft. Terms or conditions contained in any document issued by Buyer that in any manner purport to alter, modify, change, suspend, or add to any term or condition contained herein shall be deemed excluded from such Buyer document and waived by Buyer. Vulcraft and Buyer expressly agree that Vulcraft may modify these terms and conditions from time to time, and such modifications shall be binding upon Buyer.
  2. An approved fabrication list or an approved drawing must be delivered to Vulcraft by Buyer before fabrication is scheduled. Buyer cannot modify, cancel, or otherwise alter any order without Vulcraft's written consent. Any such cancellation, modification, or alteration shall be subject to conditions as negotiated at such time, which shall include protection of Vulcraft against loss.
  3. The purchase price of the goods shall be as stated on the face of the applicable Buyer customer order coinciding with a valid Vulcraft quotation; provided, however, Buyer expressly agrees that Vulcraft in its sole discretion may adjust the purchase price to take into account market fluctuations in the price of goods in the event delivery occurs later than 16 weeks after the date of the order. Payment terms are ½ of 1 % discount if paid within ten days of invoice date, net thirty days from date of invoice. Tax is not subject to discount. No retainage will be permitted. Checks or payments, whether full or partial, received from or for the account of Buyer, regardless of writings, legends or notations upon such checks or payments, or regardless of other writings, statements or documents, shall be applied by Vulcraft against the amount owing by Buyer with full reservation of all Vulcraft's rights and without an accord and satisfaction of Buyer's liability. Any remittance marked paid-in-full or any correspondence related to any dispute must be mailed to Vulcraft at the following address where disputes are handled:
  4. If, in Vulcraft's opinion, Buyer's credit becomes impaired, Vulcraft may suspend performance until such time as Vulcraft has received full payment for any goods already delivered or in process and is satisfied in its sole discretion as to Buyer's credit for future deliveries. If Vulcraft suspends performance and later proceeds with such order, Vulcraft shall be entitled to such extension of time for performance as is necessitated by the suspension. Further, in the event Buyer fails to make payment to Vulcraft, or any affiliate of Vulcraft, of any amounts due and owing to Vulcraft or such affiliate (including any applicable surcharge or freight charge), Vulcraft shall have the right to terminate any Buyer order or any unfulfilled portion thereof, and Vulcraft or any affiliate thereof may terminate any other agreement between Vulcraft or such affiliate and Buyer. Vulcraft may charge interest on the outstanding balance at an annual rate of 12% or the highest rate allowed by law (whichever is less). Vulcraft shall have the right to employ an attorney to collect the balance due, and Buyer agrees to pay all collection costs incurred by Vulcraft, including its reasonable attorneys' fees.
  5. All taxes of any kind levied by any federal, state, municipal or other government authority which Vulcraft is required to collect or pay with respect to the production, sale or shipment of goods sold hereunder shall be the responsibility of Buyer. Buyer agrees to pay all such taxes and further agrees to reimburse Vulcraft for any such payments made by Vulcraft.
  6. Vulcraft shall not be liable for delays in delivery or performance due to causes beyond its reasonable control, including, but not limited to: acts of God; acts of Buyer; strikes or other labor disturbances; inability to obtain, or material increases in the cost of, fuel, raw material or parts; delays in transportation; repairs to equipment; fires; accidents; acts of war or terrorism; floods, storms and other similar occurrences. Acceptance of goods upon delivery shall constitute a waiver by Buyer of any claim for damages on account of non-shipment or delays in delivery or performance.
  7. Delivery dates are approximate and are partially based upon prompt receipt of all necessary items from Buyer. All deliveries are EXW (lncoterms 2010) loaded, Vulcraft facility. Title and risk of loss shall pass upon loading at Vulcraft facility. Vulcraft reserves the right to select the mode of shipment for the goods.
  8. Unloading shall be the responsibility of Buyer. If, in the opinion of a delivery truck driver, it is impractical to reach the job site to unload the goods, unloading shall take place where the truck can, in the driver's judgment, reasonably and safely proceed. The price for truck delivery includes two hours for unloading after arrival of the truck at the destination; excess unloading time charges may be charged to Buyer, and Buyer shall pay the same.
  9. Buyer agrees to carefully check goods against shipping documents upon unloading at destination. Vulcraft shall not be liable for any claim for shortages or for improper or damaged goods unless such claims are specifically noted on the shipping documents at the time of unloading.
  10. Vulcraft warrants to Buyer that the goods furnished hereunder will conform to the Standard Specifications of the Steel Joist Institute or the Specifications and Commentaries of the Steel Deck institute, whichever is applicable. THE FOREGOING WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Vulcraft shall not have any liability for errors in design when it prepares erection drawings from designs furnished by any third party, including but not limited to Buyer.
  11. No claim for damages for goods that do not conform to specifications will be allowed unless Vulcraft is given immediate notice after delivery of goods to the first destination to which they are shipped and allowed an opportunity to inspect them. Goods for which damages are claimed shall not be returned, repaired, or discarded without Vulcraft's prior written consent. BUYER'S EXCLUSIVE REMEDY AGAINST VULCRAFT, AND VULCRAFT'S SOLE OBLIGATION, FOR ANY AND ALL CLAIMS, WHETHER FOR BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL BE LIMITED TO THE REPLACEMENT OR REPAIR OF GOODS THAT FAIL TO MEET THE FOREGOING WARRANTY AT THE TIME OF DELIVERY OR, AT VULCRAFT'S OPTION, A REFUND OF THE PURCHASE PRICE FOR SUCH GOODS. IN NO EVENT SHALL VULCRAFT HAVE ANY LIABILITY FOR DAMAGES IN AN AMOUNT EXCEEDING THE PURCHASE PRICE OF THE GOODS IN QUESTION, NOR SHALL VULCRAFT HAVE ANY LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
  12. This agreement shall be governed by and construed in accordance with the laws of the state ("State") in which the Vulcraft facility is located. Buyer, acting for itself and its successors and assigns, hereby expressly and irrevocably consents to the exclusive jurisdictions of the state and federal courts of the State for any litigation which may arise out of or be related to any sales by Vulcraft. Buyer waives any objection based on forum non conveniensor any objection to venue of any such action. Vulcraft reserves the right to enforce these terms and conditions at any time and none shall be deemed waived unless such waiver is in writing signed by a duly authorized officer of Vulcraft. All rights and remedies granted herein are in addition to all remedies available at law or in equity.
  13. Unless otherwise provided in writing by Vulcraft, only those items listed in the Steel Joist Institute "Recommended Code of Standard Practice for Steel Joists," Section 5.2 and/or Steel Deck Institute "Recommended Code of Standard Practice" are to be furnished by Vulcraft.
  14. Buyer agrees to comply with the standard specifications and Technical Digests of the Steel Joist Institute and/or the specifications and Commentaries of the Steel Deck Institute in the handling, erection and installation of the goods sold hereunder, and further agrees to follow the "Recommendations for Handling and Erecting Vulcraft Open Web Steel Joists" as shown on Vulcraft erection drawings and delivery tickets. Should erection or installation be provided by a third party, Buyer agrees to notify such party of the necessity of compliance with the foregoing. Buyer shall indemnify, defend, and hold harmless Vulcraft, its affiliates, employees and agents, from and against all claims, losses, damages, and expenses (including, but not limited to, attorney's fees and expenses) in any manner arising out of, related to, or resulting from or alleged to arise from the improper erection or installation of any Vulcraft goods, and hereby releases Vulcraft from all liability based on any such claims.

TERMS AND CONDITIONS DETAILING ADDENDUMPRINT

All detailing services performed and related work-product generated by Vulcraft, including without limitation all Plans (as defined below), shall be provided to the named customer (“Customer”) subject to the Terms & Conditions of this Detailing Addendum (“Terms”). No Project (as defined below) will be acceptable to, or accepted by, Vulcraft unless the same is subject to these Terms, which shall not be amended, revised or modified except in a written instrument that specifically references the intent to modify these Terms signed by an authorized representative of Vulcraft. No statements, acknowledgements, representations or assertions stated on any Customer-issued document shall have the effect of amending, revising or modifying these Terms.

  1. DEFINITIONS. As used in these Terms, “Project” shall mean the detailing project for which Vulcraft is providing Plans, “Building” shall mean the building or structure that is the subject of the Project, “Plans” shall mean the shop drawings for steel fabrication produced by Vulcraft for the Project, and “Agreement” shall mean the Project contract or subcontract between Vulcraft and Customer, which shall be governed by these Terms.
  2. PLANS. Vulcraft will furnish Customer with electronic copies of all Plans via email or cloud-based file-sharing site.
  3. SCOPE OF WORK. Vulcraft’s bid price includes a detailed scope of work and list of contract documents known by Vulcraft at the time of bid. Customer acknowledges that there are no other contract documents applicable to Vulcraft’s provision of the Plans. Any change in the scope of work or contract document list must be accepted in writing by Vulcraft before work commences. Drawing standards required by Customer must be clearly defined before the bid due date. Any drawing standards received by Vulcraft after the bid due date may result in a change in contract price. Vulcraft will not be liable for work caused by others or for misleading and/or incorrect information contained in any documents related to the Project.
  4. DESIGN. Vulcraft shall not be required to check design drawings, nor will Vulcraft be responsible for design unless explicitly stated in the Agreement. Vulcraft will, however, point out obvious errors as they are actually found per the American Institute of Steel Construction Code of Standard Practices. Vulcraft will not stamp drawings or designs over which Vulcraft is not in complete supervisory control. All connection design and review is the responsibility of the Engineer of Record.
  5. REQUESTS FOR INFORMATION. Requests for Information (“RFI”) may be required to allow detailing of a Project and/or items within a Project, which may affect cost and schedule. If excessive RFIs are needed, Vulcraft may charge additional fees (over and above the contract price) as determined by Vulcraft for such RFIs. Vulcraft follows the standards code outlined by the National Institute of Steel Detailing and the American Institute of Steel Construction regarding the return of RFIs and Approval drawings from Customer. Failure of Customer to return RFIs and Approval drawings per these standards will result in cost and schedule impacts at a cost to Customer.
  6. CHANGE ORDERS; CANCELLATION. Design changes, additions, and/or deletions, and additional fees related thereto, will be negotiated at the time that they occur. A formal Change Order will be issued by Vulcraft outlining specific changes, costs and schedule impacts. A signed Change Order must be received by Vulcraft in order for work on such Change Order to start. No work will be done on any unsigned Change Orders. If the Project is canceled, Customer shall be assessed a cancellation fee determined by Vulcraft in its reasonable discretion.
  7. NON-APPROVED PLANS. Plans approved by Vulcraft for fabrication shall be indicated by a clearly marked “Issued For Fabrication” on the Plans. Vulcraft assumes no liability for the correctness of Plans prior to approval, Customer shall bear the risk of using non-approved Plans for fabrication, and Vulcraft will not accept any back charges or claims related thereto.
  8. OWNERSHIP. All Plans and other deliverables prepared by Vulcraft are and shall remain the sole property of Vulcraft and may be used only for the purpose originally intended. Any other use of the Plans shall not be permitted without express written agreement of Vulcraft and reasonable compensation for same.
  9. BACK-CHARGES. Vulcraft’s back-charge policy is per the standard code of the National Institute of Steel Detailing and the American Institute of Steel Construction and shall in no case exceed the actual detailing cost of the affected item. Each back-charge item shall be addressed within twenty-four (24) hours of occurrence and Vulcraft must participate in the solution and any other action necessary to correct any problems. Vulcraft will not accept a back-charge deviating in any way from the foregoing. Vulcraft will not accept any costs associated with any type of liquidated damages and will not accept a contract containing them, whether expressed or otherwise.
  10. WARRANTY; LIMITATION. Vulcraft warrants that the Plans will be in accordance with (a) the agreed-upon Project documents and (b) the standards code of the National Institute of Steel Detailing. CUSTOMER’S EXCLUSIVE REMEDY, AND VULCRAFT’S SOLE OBLIGATION, RELATED TO SUCH WARRANTY SHALL BE LIMITED TO, AT VULCRAFT’S OPTION, VULCRAFT’S CORRECTION OR REPRODUCTION OF THE PLANS. THE EXPRESS WARRANTY SET FORTH ABOVE IS SUBJECT TO THE LIMITATIONS SPECIFIED, AND THIS AGREEMENT EXCLUDES ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTY OF MERCHANTABILITY OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. Any legal action or proceeding by Customer for breach of this Agreement must be commenced within six (6) months from date of delivery or the date the cause of action accrues, whichever is later. Any claims that have not been asserted by written notice within the designated periods of time are waived.
  11. REMEDIES. IN NO EVENT SHALL VULCRAFT HAVE ANY LIABILITY TO PURCHASER, REGARDLESS OF LEGAL THEORY, FOR (A) ANY DAMAGES IN EXCESS OF THE FEES PAID FOR THE PLANS, OR (B) INCIDENTAL, LIQUIDATED, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY TYPE, including, but not limited to, loss of profits, loss of rents, loss or expense arising from any building or plant closing, construction or completion delays, labor or overhead expense, increased operating expense, increased insurance or maintenance expense, business interruption, damage or loss to inventory or any other property, or any other type of consequential, incidental, or special loss or damage whatsoever, whether claims for such damages or losses shall be based upon contract, warranty, tort, negligence, strict liability, or any other cause of action.
  12. BENEFIT. Customer may not assign, transfer or delegate the Agreement or any interest or obligation herein. The Agreement shall bind and benefit only Vulcraft and Customer, shall not benefit any other persons or entities (“Third Parties”), and shall not be deemed to create any rights in favor of any Third Parties, whether or not referred to in the Agreement.
  13. SEVERABILITY. If any provision of the Agreement is found to be invalid or unenforceable under applicable law, such provision shall be severable and the remaining provisions of the Agreement shall remain in full force and effect. The headings of the paragraphs of the Agreement are for convenience of reference and shall not limit or otherwise affect any provisions of the Agreement.