Guaranteed: F.D.T.C. (Herein called the Seller) guarantees to manufacture the items described on the front side hereof in accordance with the shop drawing approved by purchaser or purchaser’s engineer, architect, or contractor, and the Florida Building Code. Other than the Trusses, all materials purchased in connection with this contract are guaranteed only to the extent that such materials are guaranteed by the manufacturer or supplier thereof and the Purchaser will look to manufacturers or supplier’s warranties which are hereby assigned to the Purchaser. F.D.T.C. is not responsible for Shop Drawings from designs furnished by the Purchaser or its representatives, architects, or Engineers. Shop Drawings are subject to optimization by F.D.T.C. It is the responsibility of the Purchaser or Agent(s) to make sure that framing plans and/or engineering complies with the Florida Building Code.

Changes in Plans, etc.: Purchaser understands and agrees that any alteration in the shop drawings means that F.D.T.C. must completely re-compute calculations necessary to comply with the Florida Building Code. Purchaser agrees and understands that in the event of any change in the shop drawings; F.D.T.C. shall be entitled to charge a fee equal to 20% of the contract price. This fee shall apply each time changes or new sealed Engineering is made. Any alteration in the framing plans other than as shown on the original plans and specifications must be in writing. Truss Engineering support will be charged at a rate of $250.00 per hour with a two-hour minimum charge. Sealed Engineering will be sent to Purchaser through USPS regular mail if fully paid. All Prices are subject to be review by F.D.T.C. at the time of production and are subject to change without notice. All Price quotes include standard Hardware; if special Hardware or Connector design is required the minimum charge will be $350.00. Any increase in cost of materials will result in an increase on price. any increase in price will be notified on our invoice on the Final Invoice. This Proposal includes only trusses shown in our design plan reference No. as shown in front page.

Special Orders: Purchaser understands and agrees that all trusses are special orders and have no market value other than this transaction. In the event Purchaser cancels this transaction for any reason, F.D.T.C. shall be entitled to be paid 50% of the contract price if the shop drawing has been prepared; 85% of the contract price if sealed engineering has been prepared and the full contract price if the trusses are or have been manufactured. If delivery is delayed beyond the request delivery date or over 2 months after signing this contract, whichever is sooner, it may be construed as a cancelation by F.D.T.C. Trusses may not be manufactured until F.D.T.C.'s shop drawings have been examined and approved by the Purchaser or its authorized agent, architect, or engineer.

Cancellation: Once this contract has been accepted by the purchaser, then it may not be cancelled except on such terms and conditions as will reimburse the Seller for any and all expenses incurred in connection with preparation for filing the order, which shall not be less than 50% of the stated purchase price. If delivery is delayed beyond the requested delivery date or over 2 months after signing this contract, whichever is sooner, it may be construed as cancellation by Seller. Trusses may not be manufactured until Seller's shop drawings have been examined and approved by the Purchaser or its authorized agent, architect, or engineer. Once manufacturing of the ordered materials has commenced, the order may not be cancelled without full payment because the materials covered by the order are specially fabricated for the job for which they are ordered for and cannot be salvaged. If cancellation occurs prior to sealed engineering 50% of the contract price will be due. If Sealed engineering is completed 85% of the contract will be due.

Installation of Trusses: Roof Trusses will be delivered to the job site, and it will be the responsibility of the Purchaser to erect and place the same. Stiff lateral bracing and spacers, if required, are to be field applied by Purchaser. Unauthorized alteration of the Trusses will cause F.D.T.C. to relinquish any responsibility on the safety of those trusses and may notify the building officials. Purchaser agrees that alteration of the Trusses and/or system will be needing additional shop drawings and additional calculations which must be prepared, signed and sealed by F.D.T C.’s specialty Engineer.

Changes in Building Code: This Proposal and contract is based upon the current version of the Florida Building Code and the design plan referenced on the front side of this contract. Purchaser agrees to pay FDTC for any changes in plans as set forth above necessitated by changes to the Florida Building Code or its interpretation between the date of this contract and the date of manufacture.

Delivery of Order: Roof Trusses will be delivered to job site designated on this contract and will be unloaded on the ground as near as possible to the construction site, but will not be placed in any building or structure. If a delivery is made and no one is present to receive the delivery, then F.D.T.C. will furnish the Purchaser with a copy of the delivery ticket by mail. Once the Purchaser's order is ready for delivery and delivery is delayed at the Purchaser's request, F.D.T.C. shall be entitled at its option to make a charge of $250.00 per day, per unit for storage of the trusses beyond the date they are ready for delivery. Unless stated to the contrary on the reverse side hereof, the prices quoted shall be for manufacturing and delivery within 30 days from the date of the acceptance of this contract, and thereafter, prices shall be subject to change. After the Trusses are fabricated and ready for delivery, F.D.T.C. may dispose of or destroy trusses if delivery is not accepted within 30 days from the date of fabrication of the trusses, but Purchaser will still be liable for the total purchase price including contract charges and storage. If trusses have to be disposed of or destroyed by F.D.T.C. there will be an extra charge of no less than $2,000.00. If the Purchaser request the order in more than one delivery an additional charge of no less than 20% of the total order will be assessed. Please note: If any of the trusses are over 55 feet in length (including span, overhang etc.) an extra charge will be made at time of delivery or after. Purchaser will supply and pay for method(s) of unloading trusses. Time allowed to unloading is 30 minutes; beyond that time Purchaser will be charged. There will be extra charges for extra costs of delivery, such as, but not limited to, police escort, extra permits, etc. If delivery of trusses is outside a 50 miles radius of F.D.T.C. plant locations, they can be inspected by the Purchaser 24 hrs. prior to the delivery date, if Purchaser decides not to do so and there are repairs and/or adjustments to be made afterwards by F.D.T.C. Purchaser will be charged for extra costs of traveling to be established by F.D.T.C. If delivery equipment is broken in any manner while trying to deliver because of terrain conditions, Purchaser will be responsible to F.D.T.C. for costs of repairs which will be invoiced accordingly. If split deliveries, full payment must be made on the first delivery. Last order payment could be requested to be made by cash, money order, cashiers check, or wire transfer. If delivery date as written on the front side of this contract is delayed by Purchaser, there will be a price adjustment of 5% increase of total contract price per each month delayed. In the event the job site is more than 100 miles from F.D.T.C. the delivery terms are FOB Miami.

Access to Job site: It shall be the Purchaser's responsibility to provide F.D.T.C. with access to the job site of the Trusses and to save F.D.T.C. harmless from any claims for damage done during delivery, including but not limited to sidewalks, driveways, sprinkler systems, drain fields, sewer lines, septic tanks, fences, and public facilities. If the Purchaser's representative is on the site at the time of delivery, he shall be responsible for showing the driver the access route and place for unloading the trusses. If the Purchaser's representative is not on the job site at the time of delivery, the driver is authorized to use his best judgment in making the delivery and the indemnity provisions will still apply. It is the responsibility of the Purchaser to have an agent at the specified job site to accept and sign invoices or related bill of lading or delivery tickets for the delivered trusses. Failure to do so will constitute a legal acceptance by Purchaser of all trusses ordered and delivered even though the invoice, bill of lading, or delivery tickets have not been signed on Purchaser's behalf.

Claims For Errors and Defects: All claims for error or defective material must be made in writing to F.D.T.C. before installation of the Trusses and in any event not later than one week after delivery. Upon receipt by F.D.T.C. of notice of errors or defective material, F.D.T.C. will correct such errors or replace such materials up to contract requirements, and such corrections and replacements shall constitute full settlement by F.D.T.C. of any and all liability to the Purchaser or others resulting either directly or indirectly because of such errors or of improper, defective or damaged materials. The Purchaser shall be responsible for inspecting the trusses prior to installation and after installation F.D.T.C. will not be responsible to make any repairs or corrections to the trusses nor will they be liable to any parties for any damages resulting by reason of such improper, defective or damaged material(s) as could have been ascertained by such inspection. F.D.T.C. shall have the opportunity to make such corrections and repairs as are indicated in this paragraph, and they will not be responsible to the Purchaser or to others on account of any expenses incurred with other suppliers or labor to repair or correct any shortages in material(s), furnished by F.D.T.C under this contract. Customer agrees for himself, his agents and employees to hold F.D.T.C. harmless from any and all actions for property damage, personal injury, or wrongful death resulting from improper handling, erection or installation of the trusses comprehended hereby. In the event Purchaser fails to give written notice of any alleged defective, damaged or improper material delivered, Purchaser waives any right to make claims against F.D.T.C.

Contract Payments: Unless provided otherwise herein, the contract price for Trusses and/or Sealed shop drawings; and/or Engineering work shall be due and payable as per invoice(s) sealed engineering 85% of total price. If Contract is a multiple order of Trusses for more than one structure, then each set of Trusses for a single structure shall be due and payable prior to delivery of that particular unit, but the total billing of the contract shall be equal to the total price quoted herein. Failure to make partial payments as they become due shall entitle F.D.T.C. at its option to defer further shipments of materials until such payments are made, or at the option of F.D.T.C., may consider the contract breached by the Purchaser and by reason thereof terminable. Any sums not paid when due shall bear interest at the highest rate permitted by law from the date of delivery until such time as they are fully paid. Which is 18% per annum on the balance that is past due. At F.D.T.C.'s option two party checks will be subject to a charge of $300.00 or 10% of the contract price whichever is greater, as per Florida Law. Notwithstanding payment terms for F.D.T.C. may require full payment prior to fabrication.

Purchaser's Responsibility: After delivery of the items purchased hereunder to the job site as herein provided. The Purchaser shall assume full responsibility thereof, whether or not the Purchaser shall be on the job site to receive the same. After delivery the Purchaser shall indemnify F.D.T.C. against any and all claims and actions of third persons arising out of damage or injury to persons or property caused by or sustained in connection with the items sold and delivered under this contract or conditions created thereby, including but not limited to attractive nuisances. The Purchaser agrees to defend all such claims or actions as are brought against F.D.T.C. with respect to the subject of indemnity contained herein, whether such claims or actions are rightfully or wrongfully brought or filed. In connection with indemnity, the Purchaser agrees that F.D.T.C. may employ attorneys of its own selection to appear and defend the claim of action on behalf of F.D.T.C., at the expense of the Purchaser, and F.D.T.C., at its option, shall have the authority to manage the defense and shall be the sole judge of the acceptability of any compromise or settlement of any claims made against F.D.T.C.

Financial Responsibility of Purchaser: After this contract is accepted, should the Purchaser’s financial responsibility become unsatisfactory to F.D.T.C., F.D.T.C. may demand pre-payment of the order or a deposit to secure the order satisfactory to F.D.T.C. or require some other security satisfactory to F.D.T.C., and should the Purchaser fail to do so, F.D.T.C. may at its option declare this contract null and/or void and may terminate it and all other provisions of this contract will remain in effect.

Cost of Collection: If any sums due under this contract are not paid, when they become due and payable, then the Purchaser agrees to bear the cost of any collection expense incurred by F.D.T.C., including reasonable attorney’s fees. An interest of 18% per annum will be charged to the customer if account is still not paid when due.

Attorney's Fees and Court Cost: In the event of any litigation arising out of this contract, the successful party shall be entitled to have its attorney’s fees and court cost paid by the losing party, said sums to be assessed by the court having jurisdiction of the cause. CUSTOMER HEREBY WAIVES ITS RIGHT TO TRIAL BY JURY.

Representations: F.D.T.C. makes no representations to the Purchaser except as are set forth herein or otherwise delivered in writing to the Purchaser, and there shall be no modifications or additions to the terms of this contract unless they are accepted in writing by F.D.T.C. and the Purchaser.

Savings Clause: If any Provisions of this agreement is held invalid under the Laws of any state, such provision shall become deemed not to be a part of this agreement in such, but shall not invalidate any other provision hereof.

Contract Ambiguities: In the event of a conflict between the printed provisions of this contract and the written provisions on the reverse side hereof, the written provisions shall prevail.

F.D.T.C. will furnish shop drawings on/or before 4 weeks from the date of this contract. Approval of Shop Drawings constitutes notice that the job has been field measured and authorization for F.D.T.C. To proceed with manufacturing and delivery of Trusses.

To Purchaser: Please make sure, before calling F.D.T.C. that either your Architect, Contractor, Structural Engineer, or etc. have checked any complain or question that you may have about the correctness of the Trusses prior to requesting a Field Engineer and/or representative of F.D.T.C., because if the field visit establishes that it is the responsibility of the Purchaser, a service call fee will be charged.

JMM/ev 01/07/2016 - 4th rev 08/30/2023