REBAR TERMS & CONDITIONS     

1. GENERAL CONDITIONS

1.1. White Cap proposes to supply fabricated reinforcing steel, cut, bent, bundled, and tagged in accordance with specific project plans verified and approved by Buyer, subject to these Terms & Conditions (“Terms”), and per the latest edition of the Concrete Reinforcing Steel Institute’s Manual of Standard Practice. All reinforcing steel will be ASTM A615 Grade 60 unless otherwise noted.

1.2. All sales to Buyer are subject to these Terms, which shall prevail over any additional or inconsistent terms of Buyer’s purchase order or other Buyer documents. Additional or different terms and conditions in any way altering or modifying these Terms are expressly rejected by White Cap and shall not be binding upon White Cap unless specifically accepted in writing by its authorized representative. These Terms are binding on the parties and their successors and permitted assigns. If Buyer fails to comply with these Terms, White Cap may immediately terminate or restrict any order upon notice to Buyer.

1.3. All agreements, notices, disclosures, and other communications provided electronically shall satisfy any legal requirements that such communications be in writing.

1.4. No representations, inducements, promises, or agreements, whether oral or written, have been made by White Cap, or anyone acting on White Cap’s behalf, that are not contained herein, and any prior agreements, promises, negotiations, or representations between the parties are superseded by these Terms. Buyer acknowledges and agrees it has not relied on any representations, inducements, promises, or agreements, whether oral or written, by White Cap, or anyone acting on White Cap’s behalf, that are not contained herein.

1.5. Prices are subject to immediate adjustment in response to price increases announced by domestic or imported rebar-producing steel mills and commercial metal companies. Price increases will be enforced at the time of the next shipment, without exception. Any pricing-related mathematical, stenographic, or clerical errors are not binding on White Cap.

1.6. Prices shown do not include any sales, excise, use, or other governmental tax or charge payable by White Cap to any federal, state, or local authority. Any taxes now or hereafter imposed upon goods will be added to the purchase price, and Buyer shall reimburse White Cap for any such tax or provide White Cap with an acceptable tax exemption certificate.

1.7. Unless otherwise agreed in writing, payment terms are net 30 days from delivery, payable in United States of America dollars. Notwithstanding the foregoing, all orders are subject to White Cap’s continuing approval of Buyer’s credit. White Cap, in its sole discretion, may suspend or cancel performance, or require different payment terms, including, but not limited to, cash on delivery or in advance of shipment. Payments due hereunder shall be made in the form of cash, check, money order, ACH, or other tender approved in writing by White Cap. Buyer shall pay any surcharge White Cap may assess for processing credit card payments. Surcharges will only be assessed where legally permitted and only in accordance with card brand regulations. White Cap may, in its sole discretion, apply Buyer’s payment against any open charges. Past due accounts bear interest at the lesser of 1.5% per month or the maximum rate permitted by applicable law, continuing after White Cap obtains judgment against Buyer.

1.8. Buyer shall pay White Cap all costs and expenses of collection, suit, or other legal action brought as a result of the commercial relationship between them, including, but not limited to, all actual attorneys’ and fees, costs, and expenses and collection costs, incurred pre-suit, through trial, on appeal, and in any administrative or bankruptcy proceedings.

1.9. This proposal is valid for five business days from issuance and must be accepted within this timeframe. Proposals accepted after five days are subject to change. White Cap’s price is subject to and contingent upon Buyer purchasing the entire quantity of goods identified in the proposal. If Buyer purchases less than the entire quantity of goods identified therein, prices may increase.

1.10. Export sales of goods are subject to the following: THESE ITEMS ARE CONTROLLED BY THE U.S. GOVERNMENT AND AUTHORIZED FOR EXPORT ONLY TO THE COUNTRY OF ULTIMATE DESTINATION FOR USE BY THE ULTIMATE CONSIGNEE OR END-USER(S) HEREIN IDENTIFIED. THEY MAY NOT BE RESOLD, TRANSFERRED, OR OTHERWISE DISPOSED OF TO ANY OTHER COUNTRY OR ANY PERSON OTHER THAN THE AUTHORIZED ULTIMATE CONSIGNEE OR END-USER(S), EITHER IN THEIR ORIGINAL FORM OR AFTER BEING INCORPORATED INTO OTHER ITEMS, WITHOUT FIRST OBTAINING APPROVAL FROM THE U.S. GOVERNMENT OR AS OTHERWISE AUTHORIZED BY U.S. LAW AND REGULATIONS.

1.11. The invalidity or unenforceability of all or part of these Terms will not affect the validity or enforceability of the other terms. The parties agree to replace any void or unenforceable term with a new term that achieves substantially the same practical and economic effect and is valid and enforceable.

1.12. White Cap’s Privacy Policy is published at Privacy Policy and is incorporated herein by this reference.

1.13. These Terms survive termination, cancellation, or completed performance of any sale as long as necessary to allow the aggrieved party to fully enforce its rights.

2. DELIVERY & FREIGHT

2.1. Shipments will be made via truck in truckload lots or as a complete project.

2.2. Prices quoted are F.O.B. jobsite unless otherwise explicitly stated. If delivery occurs in White Cap’s vehicles, shipments shall be delivered F.O.B. Buyer’s designated delivery site. In all other cases, the F.O.B. point will be White Cap’s store or warehouse, and all responsibility and costs of shipping and delivery beyond White Cap’s store or warehouse shall be borne by Buyer. Title and risk of loss pass to Buyer at the applicable F.O.B. point.

2.3. Additional freight charges will apply if original shipment terms are not met by Buyer.

3. BUYER RESPONSIBILITIES

3.1. Buyer is responsible for verifying and approving shop drawings a minimum of 14 business days prior to shipment.

3.2. Claims for shortages, defects, nonconforming goods, or errors in shipment must be made in writing within 48 hours after delivery to the F.O.B. point. Buyer shall furnish a detailed proof of claim in writing, including all material facts upon which claim is made. Buyer shall accept delivery of and pay for the portion of the goods delivered.

3.3. Buyer must provide project plans, schedules, and approvals within adequate lead time, with minimum seven business days required after approval for fabrication and delivery.

3.4. Buyer must provide at least 48-hour notice for cancellation of scheduled deliveries; otherwise, Buyer incurs all associated labor and material costs.

3.5. Buyer shall be responsible for unloading the goods at the delivery location. Buyer shall provide adequate space for delivery and unloading of goods. Goods must be unloaded within two hours of arrival of the vehicle transporting the ordered goods at the delivery location. Additional time beyond two hours incurs an additional charge at a rate of $100/hour.

4. EXCLUSIONS

Taxes, retainage, pay-when-paid terms, bonds, bar supports, dowels, anchor bolts, couplers, accessories, CMU, site work, utility work, reinforcement on mechanical/electrical drawings, PE stamps, unidentified drawings reinforcement, LEED documentation, epoxy coating, galvanizing, fiberglass, other steel grades, precast/prestressed/post-tension reinforcement, load transfer devices.

5. CHANGE ORDERS & EXTRAS

5.1. Any change in product specifications, quantities, destination, shipping schedules, or any other aspect must be agreed to in writing by White Cap and may result in a price and/or delivery adjustment by White Cap. Change orders/extras must be submitted and approved in writing by White Cap prior to fabrication.

5.2. Post-completion drawing revisions/changes will be billed to Buyer at $200/hour.

5.3. Extras/change orders billed at current market price plus freight.

6. RETURNS & MATERIAL HANDLING

6.1. No credit for goods returned by Buyer shall be given without White Cap’s prior written authorization.

6.2. Excess material under LUMP SUM contracts remains White Cap’s property and will be returned without credit to Buyer.

7. WARRANTIES & LIMITATION OF LIABILITY

7.1. White Cap is a supplier and not the manufacturer of the goods and disclaims any warranty, express or implied, as to the quality or fitness of the goods for any particular purpose. Any claim of defect in the goods should be directed to the manufacturer. White Cap will reasonably cooperate in processing any such claim.

7.2. EXCEPT AS SET FORTH HEREIN, NO WARRANTY OR AFFIRMATION OF FACT OR DESCRIPTION, EXPRESS OR IMPLIED, IS MADE BY WHITE CAP. BUYER AND PERSONS CLAIMING THROUGH BUYER (COLLECTIVELY, “CLAIMANT”) SHALL SEEK RECOURSE EXCLUSIVELY FROM THE RELEVANT MANUFACTURER IN CONNECTION WITH ANY DEFECTS IN OR FAILURES OF GOODS, AND THIS SHALL BE THE EXCLUSIVE RECOURSE OF CLAIMANT FOR DEFECTIVE GOODS, WHETHER THE CLAIM SHALL SOUND IN CONTRACT, TORT, STRICT LIABILITY, PURSUANT TO STATUTE, OR FOR NEGLIGENCE. BUYER SHALL PASS THESE TERMS TO SUBSEQUENT BUYERS AND USERS OF THE GOODS. WHITE CAP EXCLUDES AND DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. WHITE CAP ASSUMES NO RESPONSIBILITY WHATSOEVER FOR INSTALLATION OF GOODS; OR USE, MISUSE, ALTERATION, OR MODIFICATION OF GOODS. EXCEPT AS EXPRESSLY SET FORTH IN THE PROPOSAL OR THESE TERMS, WHITE CAP DOES NOT CERTIFY OR GUARANTEE ANY GOODS COMPLY WITH ANY STATUTES, LAWS, CODES, ORDINANCES, OR REGULATIONS

7.3. White Cap is not liable for permits, licenses, bond costs, penalties, inspections/testing unless agreed in writing.

8. FORCE MAJEURE

White Cap shall not be liable to Buyer or any third party claiming through Buyer for delay or default in delivery resulting from any cause beyond White Cap’s reasonable control, including, but not limited to, strikes or other labor troubles; fire, damage, or destruction of goods; wars (declared or undeclared); acts of terrorism; manufacturers’ shortages; availability or timeliness of transportation, materials, fuels, or supplies; voluntary or mandatory compliance with any governmental act, regulation, or request; epidemic, pandemic, global health emergency, order by governmental authorities, or restrictions on travel or trade related to the foregoing; and acts of God.

9. DISPUTE RESOLUTION

These Terms, any order of goods, and the business relationship between parties shall be governed by and construed in accordance with the laws of the state where the jobsite is loctaed without regard to its conflict of laws rules, and specifically excluding the UN Convention on Contracts for the International Sale of Goods. THE PARTIES WAIVE ALL RIGHTS TO A TRIAL BY JURY.

10. LIABILITY & INDEMNIFICATION

10.1 Buyer assumes all risks and liabilities resulting from the use of the shipped goods. White Cap neither assumes nor authorizes any person to assume for White Cap any liability in connection with the sale or use of the goods. 

10.2 TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT, WHETHER IN CONTRACT, WARRANTY, INDEMNITY, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, SHALL WHITE CAP BE LIABLE TO BUYER FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, OR SIMILAR DAMAGES, SUCH AS LOSS OF USE, LOST PROFITS, ATTORNEYS’ FEES, OR DELAY DAMAGES, EVEN IF SUCH DAMAGES WERE FORESEEABLE. WHITE CAP’S LIABILITY FOR ANY CLAIM SHALL NOT EXCEED THE AMOUNT PAID TO WHITE CAP FOR THE GOODS THAT ARE THE SUBJECT OF SUCH CLAIM. ALL BUYER CLAIMS MUST BE BROUGHT WITHIN ONE YEAR OF ACCRUAL OF A CAUSE OF ACTION.                    

11. CONFIDENTIALITY

Buyer shall keep all prices and other terms confidential except to the extent disclosure is required by law.