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Terms & Conditions

Last Updated: June 21, 2023

ATI PRODUCTS TERMS AND CONDITIONS OF SALE

 

  1. Price Quotes and Product Catalog:

(i) The cost of items offered by ATI Products will be determined by the written price quote provided by ATI Products for a specific order; these quotes will take precedence over any conflicting pricing found in pamphlets or other publicly available product details.

(ii) Product Catalogs provide essential information regarding the utilization and characteristics of the merchandise, as well as its diverse applications. The sole and absolute accountability for selecting the appropriate product for a specific purpose rest entirely with the Customer.

(iii) ATI Products provides products with the expectation that the Customer possesses comprehensive knowledge of load capacities, safety considerations, physical properties, and other pertinent factors for choosing the appropriate items for their specific purpose and utilization. ATI Products strongly advises the customer to conduct thorough testing and investigation before utilizing goods supplied by ATI Products. The Customer is exclusively accountable for any improper use of fasteners or products; such misuse may comprise, but is not restricted to the following:

Exceeding the manufacturer’s specified load capacities is prohibited; Implementing the product in a way that deviates from the manufacturer’s guidelines; Utilizing the product in scenarios not endorsed by ATI Products; or non-adherence to local/national code regulations while using the product.

(iv) For determining design loads and acquiring technical details, consult the manufacturer’s design manuals. In cases where specific products, brands, or dimensions are unattainable, providing a substitute product of equal or superior quality, or a corresponding size in the reverse of metric/imperial measurements may be necessary. When a distinct brand, product, or size has been chosen to fulfill the necessary loading and performance standards, solely that brand or product must be utilized. The precise brand, product, or size must be explicitly stated in writing at the moment of placing the order.

(v) ATI Products maintains the authority to implement modifications and adjustments, ensuring the fundamental qualities of the products they provide are preserved, at any given moment, with the aim of enhancing the products or making alterations due to any commercial or structural reasons. The tone of voice is professional.

(vi) In the event that an original item from the Product Catalog is discontinued, alternative products with comparable or enhanced finish and quality will be dispatched. This will occur unless the Customer explicitly indicates that substitute items should not be provided.

(vii) When indicating the quantities for sale units and packs/cartons, please ensure orders are placed in multiples of these amounts. In cases where discrepancies arise, adjustments can be made by increasing or decreasing the quantities accordingly.

(viii) The mentioned measurements are close approximations and could be subject to modifications.

(ix) ATI Products provides technical guidance regarding the choice and utilization of products at no cost and takes on no responsibility or liability for the provided counsel or the outcomes achieved, with all recommendations given and received solely at the Customer’s own risk.

  1. Acknowledgment of Terms by the Client:

All Things Innovative LLC, operating as ATI Products LLC, a Colorado-based limited liability company, and its associated entities, subsidiaries, successors, and assigns (collectively referred to as “ATI Products”), mutually consent that all present and future acquisitions from ATI Products will be subject to, in compliance with, and regulated by the provisions and conditions specified in these Terms and Conditions of Sales or as otherwise agreed upon in writing by an authorized representative of ATI Products. Moreover, if a transaction involves credit terms, the Client also concurs with the terms and conditions outlined in ATI Products’ Credit Application and or Sales Agreement. ATI Products formally opposes any terms or conditions that deviate from, differ from, or supplement the terms and conditions mentioned herein, unless such terms and conditions are subsequently documented in writing and signed by an authorized representative of ATI Products.

  1. Delivery:

All transportation and dispatch dates are estimated, and under no circumstances shall ATI Products be held accountable for any damages resulting from shipment or delivery delays. ATI Products shall not be responsible for any postponement in performance due to any cargo carrier or any other factor beyond the reasonable control of ATI Products.

  1. Unforeseen Circumstances:

ATI Products holds no responsibility for any postponement or inability to fulfill supply or delivery commitments due to natural disasters, Customer’s actions, civil or military authority interventions, fires, labor strikes, protests, boycotts, floods, widespread disease, quarantine limitations, warfare, uprisings or riots, trade restrictions, power failures, disruptions in production or supply, shortages in transportation, accidents or delays during transit, extreme weather conditions, fire, flood, equipment malfunctions in production, unavailability of goods, inability to procure fuel, power or raw materials, manufacturing scarcities, or any other events beyond ATI Products’ reasonable control.

  1. Limited Warranty:

ATI Products guarantees to the customer that, for a duration of one year from the purchase date, all items sold to the customer are devoid of significant flaws, in accordance with industry standard allowances and deviations. This explicit limited warranty, as stated in this clause, is solely provided in place of any other express or implied warranties connected to this sale, regardless of whether they arise from legal operations or otherwise. This includes, but is not limited to, the exclusion and disavowal of all implied warranties of merchantability and suitability for a specific use, for all intents and purposes.

  1. Compensation and Restriction of Liability:

Under no circumstances shall the client or any third party possess the authority to demand compensation from ATI Products for any losses, damages, repair expenses, or incidental, punitive, special, consequential, or liquidated damages of any nature (including, but not limited to, lost revenue or damages resulting from decreased efficiency or project delays where the products are utilized or planned for use), regardless of the basis of the claim, such as warranty, contract, strict liability, negligence, or other legal grounds stemming from the design, production, sale, transport, implementation, usage, or repair of the merchandise sold by ATI Products. Despite the aforementioned stipulations, the client acknowledges that, if applicable, the sole responsibility of ATI Products shall be strictly confined to, at the discretion of ATI Products, the repair or substitution of any non-compliant items or reimbursement of the buying price paid for such non-compliant items.

  1. Taxation:

Except when explicitly stated on an ATI Products quote or bill, the mentioned prices do not include any taxes. Besides the buying cost, the Customer is responsible for paying or compensating ATI Products for any sales, usage, and levies, fees, and/or other government-imposed charges that ATI Products may need to cover in relation to the goods.

  1. Ownership and Transfer:

All products are provided to the Client with the condition of retained ownership; these items continue to be the property of ATI Products until the Client’s account is fully paid. Before utilizing or reselling the products supplied by ATI Products, the Client must keep them in a distinguishable state, whether in storage or on-site. The Client is permitted to resell these products during regular business operations to third parties, provided that proper notification is given to the third-party regarding ATI Products’ rights, ownership, and interest in the products until ATI Products receives full payment. The Customer hereby transfers to ATI Products any and all claims and entitlements against sub-buyers of products, allowing ATI Products to collect the outstanding payments related to these items. In cases where the Customer fails to pay for the products or if a receiver and manager, liquidator, or agent in possession is appointed, ATI Products shall be granted access to the Customer’s premises or any other location where the products are kept or installed to retrieve them. Alternatively, ATI Products may designate a written representative to carry out this task. The Customer recognizes and ensures this right of entry during regular business hours.

  1. Indemnity Provision:

Within the limits allowed by relevant laws, the Customer is obligated to indemnify, protect, and absolve ATI Products from any and all assertions, losses, damages, charges, expenditures (comprising legal and expert witness fees), requirements, legal actions, injuries, penalties, fines, and responsibilities borne or experienced by ATI Products, either directly or indirectly resulting from: (i) the utilization, installation, unloading, storage, management, packaging, processing, fabrication, or dispatch of products by the Customer and/or the Customer’s representatives, subcontractors, sub-subcontractors, employees, or agents; (ii) the design or stipulations provided by the Customer; or (iii) any carelessness, action, or inaction of the Customer, its employees, agents, or any party for whom the Customer may bear legal accountability.

  1. Order Termination and Product Returns:

The client is not permitted to revoke any order or send back any items without the explicit, written approval of ATI Products. Any authorized termination or return must occur within 14 days from the date of delivery, accompanied by a proof of purchase, and will be subjected to a minimum cancellation/replenishment fee of 25% as determined solely by ATI Products, along with all relevant shipping fees. Orders involving custom-made materials or goods not typically held in ATI Products’ inventory cannot be cancelled or returned under any conditions. The credit amount, if any, granted to the client for returned items is at the complete discretion of ATI Products.

  1. Examination and Complaints:

Upon receiving the items, the client must meticulously examine both the products and shipping documentation. Any assertion regarding insufficient quantities or products damaged during transportation will not be deemed valid or actionable against ATI Products unless the following conditions are met: (a) The client submits a detailed written notification to ATI Products about the deficiency or damage within seven (7) days of delivery; (b) The client sends the damaged items back to the seller within fourteen (14) days after delivery; (c) Upon receiving the returned products, ATI Products verifies the reported damage; and (d) The client has complied with all payment terms. The client’s notification must include the original shipping invoice, marked by an authorized representative of the carrier to indicate items that were either missing or damaged during transportation. The client will be considered to have forfeited any claims related to missing or damaged items if they do not inform ATI Products within seven (7) days after delivery. If the client processes or utilizes the items in any way other than returning them to ATI Products, it will serve as definitive proof of the client’s approval of the items as satisfactory and in compliance with these Terms and Conditions of Sale.

  1. Comprehensive Agreement:

The entirety of the understanding between ATI Products and Customer regarding the sales of all goods and services provided by ATI Products to Customer is encompassed within these Terms and Conditions of Sale, along with any terms and conditions present in ATI Products Credit Application and Agreement (for credit sales), ATI Product’s Quotation (if applicable), and ATI Product’s invoice. This supersedes all prior negotiations, discussions, and preliminary agreements, if any. Any alterations or additions to the aforementioned Terms and Conditions of Sale made by the Customer will be considered null and void unless documented in writing and endorsed by an authorized representative of ATI Products. The interpretation and intent of these Terms and Conditions shall not be influenced by any previous patterns of dealings or conduct between ATI Products and Customer, nor by any trade customs.

  1. Absence of Waiver:

ATI Products’ decision not to enforce the rigorous adherence to any of these sales terms and conditions shall not be construed as a relinquishment of any rights or recourse held by ATI Products, or as a waiver of its ability to demand strict compliance with such provision or any other provision moving forward. A legitimate waiver of any of these sales terms and conditions must be in written form and endorsed by an appropriately authorized representative of ATI Products.

  1. Divisibility:

In the event that any clause, stipulation, or element within these Sales Terms and Conditions is deemed void or unenforceable, the specific clause, stipulation, or element will be removed, allowing the remaining portions of these Sales Terms and Conditions to remain in effect and be legally enforced to the greatest extent allowed by law.

  1. Applicable Law and Jurisdiction:

The customer acknowledges that any matters or disagreements concerning goods provided by ATI Products will be interpreted according to the laws of the State of Colorado. Additionally, the customer consents that the sole jurisdiction and location for any legal proceedings initiated to resolve disputes related to ATI Products’ goods will be in Jefferson County, Colorado, except when ATI Products commences legal actions to exercise statutory rights (such as enforcing mechanic’s lien claims, stop payment notices, payment bonds, and so on) in relation to a debt owed by the customer. In this instance, the jurisdiction and legal venue will be established by the law of the state where these statutory rights are to be enforced. Both ATI Products and the customer agree that the jurisdiction and venue for a lawsuit filed due to nonpayment of goods may be, at ATI Products’ discretion, in the county and state where the customer resides.

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