Shipping Policy

Shipping Policy:

Materials shipped by Topps Products, Inc. are exclusively for industrial, commercial, or institutional use only.  Freight pricing valid 24 hours.  Material pricing valid 30 days.  CONDITION OF SALE:  This is a non-cancelable order subject to acceptance by Topps Products, Inc.  (hereinafter referred to as “Topps”) at their home office in the State of Kansas.  Topps hereby sells, and Purchaser hereby purchases,  materials in accordance with these terms and those printed below.  This order is for materials only, as Topps does not contract for, become involved in, or provide application of product.  DUE TO FACTORS OVER WHICH TOPPS HAS NO CONTROL. ALL WARRANTIES AND DAMAGES ARE WAIVED EXCEPT AS SET FORTH BELOW.  Any warranties to you on behalf of Topps must be written and signed by an officer of Topps.

Purchaser has read, understands, and accepts all the terms herein which constitutes the entirety of this Materials Purchase Contract.

COVERAGE RATES PUBLISHED ARE ALWAYS ESTIMATES ONLY AND MAY VARY DUE TO VARYING FACTORS. AS CONDITIONS EXIST OVER WHICH MANUFACTURER/SUPPLIER HAS NO CONTROL, INCLUDING BUT NOT LIMITED TO SUCH FACTORS AS SURFACE POROSITY, SEVERE WEATHER CONDITIONS SUCH AS HIGH WINDS, BUILDING CONSTRUCTION, APPLICATION TECHNIQUES, BUILDING DEFECTS OR FUTURE BUILDING DEFECTS, ALL AFFECTING PRODUCT PERFORMANCE, Topps® MUST LIMIT ANY AND ALL WARRANTIES AND LIABILITY FOR DAMAGES. THEREFORE ALL EXPRESSED OR IMPLIED WARRANTIES OF ANY TYPE OR NATURE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED AND EXCLUDED, EXCEPT FOR WARRANTIES GIVEN BY TOPPS IN WRITING DIRECTLY TO YOU AND WHICH WARRANTIES HAVE BEEN SIGNED BY A TOPPS CORPORATE OFFICER. REQUESTS FOR PARTICIPATING IN ANY SEPARATE SERVICE POLICY OR SUPPLEMENTAL SERVICE POLICY PROGRAM MUST ACCOMPANY THIS ORDER IN WRITING AND BE SUBMITTED TOGETHER AT TIME OF ORDER PLACEMENT ALONG WITH THE COMPLETED APPLICATION DOCUMENT, ANY FEES (IF APPLICABLE) AND ROOF SURVEY. FAILURE TO DO SO WILL BE REGARDED AS WAIVING ELIGIBILITY FOR INCLUSION IN SAID COVERAGE(S). THE TOPPS LIABILITY DOES NOT IN ANY CASE INCLUDE ANY COST OF LABOR AS A RESULT OF THE APPLICATION OF THE TOPPS PRODUCTS AND EXCLUDES LOSS OF OR DAMAGE TO BUILDING OR CONTENTS AND DOES NOT IN ANY CASE COVER CONSEQUENTIAL LOSS OR LOSS OF INCOME TO ANY PARTY OR ANY OTHER DAMAGE ARISING OUT OF USE OR NON-USE OF PRODUCTS. TOPPS IS NOT LIABLE FOR ANY CONSEQUENTIAL DAMAGES OF ANY NATURE OR TYPE. THE PARTIES AGREE THAT IN NO EVENT WILL ANY RECOVERY EXCEED THE ORIGINAL MATERIAL PURCHASE PRICE SET FORTH ON THIS PURCHASE CONTRACT. ALL PARTIES ACKNOWLEDGE THAT INDEPENDENT SALESMAN IS NOT AN EMPLOYEE OF TOPPS, DOES NOT HAVE THE ABILITY OR AUTHORITY TO BIND TOPPS AND/OR MAKE ANY REPRESENTATIONS OR WARRANTIES CONCERNING ANY MATTER BEYOND THOSE CONTAINED IN THE SALES LITERATURE PROVIDED BY TOPPS. THIS CONTRACT IS ENTERED INTO IN THE STATE OF KANSAS AND IS TO BE CONSTRUED AND INTERPRETED ACCORDING TO THE LAWS OF THE STATE OF KANSAS. THIS CONTRACT GIVES YOU CERTAIN RIGHTS, AND YOU MAY BE ENTITLED TO OTHER SPECIFIC RIGHTS PROVIDED BY YOUR STATE. THE TERMS CONTAINED IN THIS DOCUMENT CONTROL AND SUPERSEDE ANY OTHER DOCUMENT, WHETHER ORAL OR WRITTEN. ANY TERMS SET FORTH IN ANY PURCHASE ORDER ARE NOT BINDING ON TOPPS. TOPPS IS NOT LIABLE FOR ANY DELAY IN DELIVERY, OR FAILURE TO DELIVER, WHERE THE DELAY IS CAUSED BY AN ACT OF GOD, OR ANY OTHER CAUSE BEYOND THE CONTROL OF TOPPS. IF PAYMENT IS NOT MADE WHEN DUE, PURCHASER IS LIABLE TO TOPPS FOR INTEREST AT 1.5% PER MONTH, OR LOWERED TO THE MAXIMUM RATE PERMITTED BY APPLICABLE LAW, PLUS ANY ATTORNEY FEES AND COSTS INCURRED BY TOPPS IN CONNECTION WITH COLLECTION OF AMOUNTS DUE. NO ONE OTHER THAN AN OFFICER OF TOPPS AT THEIR CORPORATE OFFICE IS AUTHORIZED TO MODIFY ANY PROVISION CONTAINED HEREIN IN ANY WAY. IF ANY PROVISIONS OF THIS CONTRACT VIOLATES ANY APPLICABLE LAWS, THEN SUCH PROVISION IS NULL AND VOID AND THE CONTRACT SHALL BE READ AS IF SUCH PROVISION WAS NOT CONTAINED IN THE CONTRACT.