Updated as of August 19, 2020
Purchase Agreement
The buyer agrees to purchase the items listed on the invoice, and for the price on the invoice accompanying this Contract, including any applicable taxes, according to the provisions of this Contract. Both Buyer and Pier of d’Nort agree to the sufficiency of this agreement.
This Contract will inure to the benefit of and be binding upon PDN and the Buyer and their respective successors and assigns.
Buyer has the sole responsibility of determining and abiding by any local and state regulations and ordinances governing the use and placement of the items.
This agreement constitutes the entire agreement between the parties, and there are no further terms or provisions, either oral or otherwise. The Buyer acknowledges that it has not relied upon any representations or lack of any representations of PDN as to prospective performance of the items but has relied upon its own inspection and investigation of the purchased item/s pursuant to this agreement.
TITLE
The title to the items will remain with Pier of d’Nort (PDN) until delivery, actual receipt of, and full payment for the items by the Buyer.
DELIVERY
PDN agrees to give Buyer at least five (5) days notice of delivery date or pickup date. PDN will do its best to accommodate Buyer’s schedule. Buyer will inspect the items at the time and place of delivery or pickup. Buyer’s failure to give notice of any claim within fifteen (15) days from the date of delivery or pickup will constitute an acceptance of the items and a waiver by the Buyer of all claims with respect to the items except those covered under Warranty.
PDN will not be liable in any way for delay, non-delivery, or default in shipment due to labor disputes, transportation shortage, delays in receipt of material, priorities, fires, accidents and other causes beyond the control of PDN or its suppliers. If PDN, in its sole judgment, will be prevented directly or indirectly, on account of any cause beyond its control, from delivering the items at the time specified, or within one month after the agreed delivery date, then PDN will have the right to terminate this agreement by notice in writing to the Buyer, which notice will be accompanied by full refund of all sums paid by Buyer pursuant to this agreement.
CANCELLATIONS
Buyer agrees to pay PDN for any direct costs for agreed upon purchases, whether the items have been paid for in full or not, that are incurred by PDN due to cancellation by Buyer less than five (5) days before scheduled delivery of the items.
RESTOCKING
Buyer agrees to pay PDN 5% of the purchase price plus shipping for items returned to PDN. Or Buyer agrees to pay PDN 5% of the purchase price for restocking of items cancelled prior to shipping broken out of ready-to-go shipment packaging. No refund of any amount will be due the Buyer for items which were custom made for the Buyer.
REMEDIES
The Buyer’s exclusive remedy and PDN’s limit of liability for any and all losses or damages resulting from defective items or from any other cause, will be for the purchase price of the particular delivery with respect to which losses or damages are claimed, plus any transportation charges actually paid by the Buyer.
STORAGE
Frames must be stored upside down to allow water to drain out the legs and can be stacked on top of one another. Panels should be stored vertically, so that the edge trim pieces are mostly vertical. Improper storage can lead to ice damage and may void warranty. (see par. 7)
WARRANTY*
PDN warrants that the items sold hereunder are free from substantive defects in workmanship and materials for fifteen (15) years, except cedar deck panels, for which the warranty will be for five (5) years.
Some third-party products have a limited manufacturers’ warranty. PDN’s liability under third-party warranties is limited to replacement of the purchased item(s) or repair of the defects, or refund of the purchase price at PDN’s sole option.
Transportation and shipping charges for items replaced will be paid for by PDN. Aluminum frames and other large items may be repaired locally and said repair will be paid for by PDN.
PDN shall have the right to determine abuse to the purchased item/s, or normal weathering to deck panels and charge the Buyer accordingly.
Warranty may be VOID for damages or loss caused by ice.
Buyer must make any claims to Pier of d’Nort Corp., (PO Box 186) 6035 Hwy 70 East, St. Germain, WI 54558 on or before fifteen (15) years, five (5) years in the case of cedar deck panels from the date of acceptance of the purchased item(s) by the Buyer. The vinyl decking material may have an extended warranty period. Azek Decking requires claims be made directly to https://www.timbertech.com/about-warranties/file-a-claim-azek. Endeck Decking requires claims be made directly to endeck@easternmetal.com. PDN will provide assistance for third-party claims.
*This warranty is not transferable to another person unless a new buyer uses the purchased item(s) in the same location as was last used for a period of at least one season. The exclusion of warranty coverage for certain successors and assigns under this paragraph shall not imply in any way the exclusion of successors’ and assigns’ rights, responsibilities, and benefits in the rest of this Contract as spelled out in Paragraph (9) below.
Modifications to the purchased item(s), unless made by PDN, may void this warranty at PDN’s sole option. The warranty stated in this Purchase Agreement is the only warranty applicable to the purchased item(s). No other warranty, including but not limited to, merchantability or fitness for a particular purpose, exists with respect to the purchased item(s).
LIABILITY
Buyer acknowledges that there is a reasonable degree of danger of bodily harm that may arise from the use or misuse of the purchased item(s).
Buyer also acknowledges that there is a reasonable degree of danger of death that may arise from the misuse of the purchased item(s).
Buyer agrees to hold PDN harmless from injuries that may reasonably arise from use of the purchased item(s) irrespective of whether warning labels are not present or not visible.
Buyer further agrees to hold PDN harmless from injuries or from death that may arise from misuse of the purchased item(s).
GOVERNING LAW
The laws of the State of Wisconsin shall govern this Contract. Any disputes hereunder will be heard in the appropriate state courts located in Oneida County, Wisconsin, or the federal court located in Madison, Wisconsin.
If any court of competent jurisdiction, arbitration panel, or other official finder of fact holds any clause of this Contract unconscionable, the clause will be deleted, and, to the extent possible, the balance of this Contract will remain in full force and effect.