As an equipment supplier to electrical contractors in CA, for 27 of 37 years in the same field, we received purchase orders that had "canned" wording as recommended by NECA, (National Electrical Contractors Association...representing union contrs) and the ABC, (Association of Building Contractors...representing non-union contrs) such as these examples:
- Time is of the essence.
- Liquidated damages apply for late delivery of material.
- Consequential damages apply for failure to perform expectations and times lines of the project.
- Subject to the following list of material, but not limited to...
- Supplier shall be finacially responsible for delays and penalties incurred as the result of non-performance.
The list goes on....
Buyers have terms and conditions purchase such as these, as boiler plate statements included in their PO, and sellers have same that state they are not reponsible for such. It's lawyer vs lawyer writing this stuff, and in CA as most states, it becomes a wash.
One would assume a proposal to sell from EDIG to a buyer has equivalent protection in their TERMS & CONDITIONS OF SALE.
I was involved in many settlement hearings where contrs were trying to collect money for all the above, and we never had to pay a dime....never. In 37 years, I did business in 20 states....never paid a dime in the other 19 either.
Gee, finacial damages for late delivery of batteries...."get out of my court."
