The team at the SITECH MidSouth understands how to apply Trimble technology to effectively solve some of the biggest challenges you face on the construction site. We’ll help you leverage Trimble systems for your entire fleet of heavy equipment and we're your local experts for Trimble Connected Site® solutions. Here are just a few of our areas of expertise. 

TERMS AND CONDITIONS OF SALE

1. ACCEPTANCE. All orders are subject to final acceptance by SITECH Mid-South, LLC. (SITECH) and may not be altered in its behalf except in writing by an authorized employee. SITECH’s acceptance of all orders is contingent upon approval of the purchaser’s credit.

2. PRICES. Prices for future orders are subject to change without notice. SITECH reserves the right to correct clerical errors. All prices are FOB factory.

3. TAXES. The amount of any present or future sales, use or similar taxes and import or export tariffs applicable to this transaction shall be payable by the purchaser when and as incurred.

4. TERMS OF PAYMENT. If total payment is not made on or before the specified due date, the purchaser agrees to pay service charges at the rate of 1 percent per month per unpaid balance and to pay all collection charges incurred by SITECH including reasonable attorney’s fees.

5. CANCELLATION. Cancellation of all or part of an order through no fault of SITECH, shall not be binding on SITECH unless notice of cancellation is received at least 30 days before the scheduled delivery date on the face of the acknowledgment. If cancellation is agreed to by SITECH, the customer may be subject to a charge for any special work performed. Cancellation by failure of SITECH to deliver as promised, can be made only if SITECH cannot deliver the items within 30 days from notice of intent to cancel.

6. RETURNS. Returns shall be shipped prepaid by the purchaser, unless otherwise approved by an authorized SITECH employee. We shall not be responsible for damage in shipment. Purchaser must enclose a packing slip or note containing his name, address, phone number and description of the problem with any returns. Warranty repairs will be returned to purchaser via prepaid surface transportation, unless purchaser specifically authorizes return by air shipment and agrees to pay the cost. All returns are subject to a minimum 15% restocking charge and no returns, except for items needing service, will be accepted without prior authorization nor beyond 30 days from receipt.

7. CLAIMS. Any claims for shortages, damages, or delays shall be made by the purchaser direct to the carrier. SITECH shall supply additional copies of invoices and transportation receipts and other information necessary for the filings of any claim against the carrier by the purchaser.

8. TITLE AND SECURITY INTEREST. Seller retains title to the goods until buyer performs all his obligations under this contract. Seller retains a security interest in the goods, including all accessories to and replacements of them, to secure performance of all buyer’s obligations arising under this agreement.

9. DELIVERY. SITECH will maintain delivery schedules as closely as possible, but all advance shipping dates are best estimates only, and assumes no liability for loss or consequential damages for delay.

10. WARRANTY. SITECH warrants each product according to the manufacturer’s warranty policy as specified in the sales literature and/or in the instruction manual in effect at time the order is placed. Our liability during the warranty period is limited to servicing or adjusting any product returned to us for that purpose, and to replacement of any defective parts whether the unit is returned or not. This foregoing states the entire liability of SITECH to the purchaser in connection with its products. We shall not be held responsible for consequential damages of any kind, and the foregoing is in lieu of all other warranties expressed or implied. This warranty shall be effective only in the event the purchaser complies fully and promptly in making all payments required under our terms of payment. This warranty is applicable only to the original purchaser on sales made directly by SITECH.

11. SPECIFICATIONS. SITECH reserves the right to change specifications or to discontinue models at any time. There is no obligation to retain previous specifications or to incorporate modification on instruments sold previously.
Should purchaser make any changes in specifications involving additional engineering, postponement or cancellation of any order, purchaser agrees to pay SITECH a reasonable charge therefore.

12. USE OF DATA. Purchaser shall treat as confidential all drawings and data submitted by SITECH pertaining to price, size, and design. Purchaser shall not give or show such drawings or data to others under any circumstances, unless specifically approved by an authorized SITECH employee. All such drawings and data shall remain SITECH’s property.

13. AGREEMENT. Unless otherwise agreed in writing, the terms and conditions on the face and reverse of the acknowledgment constitute the entire agreement and understanding of the parties and shall not be modified by standard clauses in the purchaser’s purchase order or elsewhere.

TERMS AND CONDITIONS OF RENTAL

I. First month’s rent for each unit due in advance or at time of delivery. Subsequent rental payments are due in full at the beginning of each monthly rental period. On the final invoice any rentals cancelled during a billing cycle will be prorated from the last billing to the date of return.

II. The rental period begins on delivery of the equipment to the Lessee, and Lessee assumes risk of damage or loss to the equipment from the time of initial delivery until the equipment is returned in good condition to SITECH Mid-South, LLC. (SITECH).

III. Title to the equipment remains to SITECH.

IV. In the event that Lessee is in default of any provision of this rental agreement, SITECH or its representatives, shall have the right, in addition to all other rights and remedies provided by law, to immediately remove said equipment from Lessee’s premises.

V. TERMS OF PAYMENT. If total payment is not made on or before the
specified due date, the purchaser agrees to pay service charges at the rate of 1 percent per month per unpaid balance and to pay all collection charges incurred by SITECH including reasonable attorney’s fees.

VI. Lessees shall keep the equipment insured in an amount equal to the unit price shown in Column 5.

VII. Lessee agrees to indemnify and hold Lessor harmless from any liability arising from the use of the equipment.

VIII. Warranty repairs to the equipment will be made by SITECH or its authorized representative under the terms of it’s standard limited warranty applicable to each unit of equipment at the time of delivery; this warranty is instead and in lieu of all other warranties expressed or implied. All necessary repairs not covered by warranty shall be made at Lessee’s sole expense. Our liability during the warranty period is limited to servicing or adjusting any product returned to the factory for that purpose, and to replacement of any defective parts whether unit is returned or not. The foregoing states the entire liability of SITECH to the purchaser in connection with its products, SITECH shall not be held responsible for consequential damages of any kind, and the foregoing is in lieu of all other warranties expressed or implied.

IX. Lessee shall not assign this agreement.

X. Lessee shall be deemed in default of this rental agreement if it:
a) Fails to make any rental payment when due
b) Fails to perform any other term or condition of this agreement
c) Becomes insolvent, makes an assignment for benefit of creditor or if petition is filed by or against Lessee under the Federal Bankruptcy Act.

XI. Lessee authorizes SITECH to file financing statement without Lessee’s signature to protect any security interest in the equipment arising herein.

TERMS AND CONDITIONS FOR SALE OF TECHNICAL SERVICES

This Terms and Conditions for Sale of Technical Services applies to the contractor’s purchase of services as designated on the Technical Services Division - Work Order document, by you (“Customer”), from Sitech Mid-South, LLC, a Kentucky limited liability company (“SITECH”).

1. SCOPE. The terms and conditions set forth herein apply to all quotations made and purchase orders accepted by SITECH. Every Technical Service order placed with SITECH is conditioned on and confirms Customer’s acceptance of these terms and conditions of sale. SITECH agrees to furnish the Technical Services described in Customer’s purchase order(s) in accordance with these terms and conditions.

2. ACCEPTANCE. All orders are subject to final acceptance by SITECH as evidenced by a written job description (the “Work Order”) signed by an authorized SITECH employee and authorized Customer representative. SITECH’s acceptance of orders is contingent upon approval of the Customer’s credit (Customer expressly authorizes SITECH to perform a credit check). Technical Services will be deemed accepted without any claim by Customer upon receipt. SITECH reserves the right to correct any clerical errors contained in the Work Order.

3. DELIVERY. SITECH’s delivery dates are approximate. SITECH will maintain delivery schedules as closely as possible, but dates are estimates only. SITECH will not be liable for delays in delivery or other defaults in performance of this order, including due to events or causes beyond SITECH’s control. SITECH assumes no liability for loss or consequential damages due to delivery delays. Customer may only cancel the order if SITECH fails to deliver the Technical Services within thirty (30) days from the scheduled delivery date, and such delay is due in no part to Customer.

4. PRICING. Project pricing shall be as stated in the Work Order. SITECH project price quotes may be revoked by SITECH prior to acceptance by Customer and shall automatically be revoked if not accepted by Customer within thirty (30) days from the date of quotation.

5. PAYMENT TERMS. The payment schedule shall be as described in the Work Order. Unless stated otherwise in the Work Order and subject to the terms described in Section 6 below, payment terms shall be net twenty (20) days from date of SITECH’s invoice. All payments must be in immediately available U.S. currency. No discount will be granted for advance payment. SITECH shall be entitled to set-off, offset and deduction for prior debt balances in Customer’s account. Customer shall not withhold or set-off from any amounts due to SITECH, any amounts claimed to be owed by SITECH to the Customer for any reason whatsoever.

6. CHANGE IN PAYMENT TERMS. SITECH has the continuing right to review the Customer’s credit and, based on such review, change Customer’s payment terms, accelerate payment, require satisfactory security (such as, but not limited to, a confirmed, irrevocable letter of credit acceptable to SITECH), or a guarantee of prompt payment, prior to delivery of the Technical Services to Customer. If Customer shall be or becomes insolvent, or admits in writing Customer’s inability to pay Customer’s debts as they mature, or if Customer shall make an assignment with creditors or if there are instituted by or against Customer proceedings in bankruptcy or under any insolvency laws or for reorganization, receivership or dissolution, SITECH may terminate the agreement between the parties at any time and without notice.

7. PAYMENT DEFAULTS. If payment in full is not made on or before the specified due date, the Customer agrees to pay service charges on all overdue sums owing to SITECH at the rate of one percent (1%) per month until the date on which payment is made in full. Subject to applicable law, SITECH may make appropriate filings to secure payment hereunder, including and all statutory liens, mechanic’s and material men’s liens, and UCC financing statements.

8. REASONABLE ATTORNEY FEES. If suit or other proceedings shall be brought against the Customer for recovery of the purchase price or any unpaid balance or the breach by Customer of any term of the agreement between SITECH and Customer, Customer shall pay to SITECH, in addition to any damages provided by law, reasonable attorneys’ fees and costs of collection.

9. TAXES. Prices do not include domestic or foreign sales, use, excise or similar taxes. Consequently, in addition to prices specified herein, the amount of any present or future sales, use, excise or other general or specific tax, import or export tariffs, duties or penalties or other governmental charges fixed or imposed by any lawful authority(s) upon or applicable to the production, sale, shipment, delivery or use of the Technical Services sold hereunder shall be added to the price and be paid by the Customer. If such tax is paid by SITECH, Customer shall reimburse SITECH. If applicable, Customer shall provide SITECH with a tax exemption certificate acceptable to the taxing authorities.

10. CANCELLATION. Except due to delivery delay as described in Section 3, Customer may not cancel an order once accepted by SITECH.

11. DISCLAIMER OF WARRANTIES. ALL GOODS AND SERVICES ARE DELIVERED WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WRITTEN OR ORAL, INCLUDING, WITHOUT LIMITATION, THE WARRANTY OF MERCHANTIBILITY AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.

12. LIMITATION OF LIABILITY. SITECH SHALL NOT BE RESPONSIBLE, OBLIGATED, OR LIABLE FOR DAMAGES, INCLUDING, BUT NOT LIMITED TO, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR SPECIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE DELIVERY OR USE OF THE TECHNICAL SERVICES, EITHER SINGLY OR IN COMBINATION WITH OTHER PRODUCTS.
Customer agrees SITECH is not responsible for the accuracy of the digital model and or any work performed in the field by use of the digital model provided by SITECH. The Customer is responsible to check and verify all digital model files provided by SITECH prior to use.

13. INDEMNIFICATION. Customer agrees to indemnify and hold SITECH, its officers, directors, members, managers, agents and employees, harmless from and against any and all any and all causes of action, claims, damages, charges, complaints, liabilities, obligations, costs, losses, debts, and expenses (including attorneys’ fees and costs) suffered by them which directly or indirectly result from, relate to, arise out of, or are attributable to (a) any inaccuracy in any representation or breach of any warranty contained herein by Customer, (b) any failure by Customer to perform or observe, or to have performed or observed, in full, any covenant, agreement or condition to be performed or observed by it under this Agreement, or (c) Customer’s breach of the license of the SITECH Files to it.

14. SPECIFICATIONS. The Customer acknowledges that differences may exist between electronic files delivered and the printed hard-copy documents. In the event of a conflict between the hard-copy documents, and the electronic files prepared by SITECH, the hard –copy documents shall govern. The Customer also recognizes that information stored on electronic media may not be one hundred percent compatible with Customer’s own computer system. SITECH shall not be liable or responsible for any claims arising from incompatibility, readability or translation of the electronic files.

15. USE OF DATA. The Customer acknowledges that SITECH is the author of all drawings, models, compilations and other work product created by SITECH for Customer’s use, whether in hardcopy or electronic format (collectively, the “SITECH Files”), and agrees that SITECH shall own all property rights related thereto, including all common law, statutory and other rights, including copyrights. SITECH hereby grants Customer a non-transferable license to utilize the SITECH Files solely in connection with the construction project specified in the Work Order (the “Project”). The rights licensed to Customer are for the internal use of the Customer only and may not be assigned, transferred or sublicensed. The Customer agrees to not alter, modify or to use the SITECH Files, in whole or in part, for any purpose other than the Project. The Customer shall treat as confidential the SITECH Files, including the price, size and design. Customer shall not disclose the SITECH Files to any party, including, without limitation, other contractors working on the Project, without the prior written consent of SITECH.

16. NOTICES. Any notice to SITECH shall be sent to SITECH-MIDSOUTH, LLC, Attention: __________________, 610 N. English Station Road, Louisville, Kentucky 40223. Any notice to Customer shall be sent to the address stated in the Work Order.

17. ENTIRE AGREEMENT. These terms and conditions, together with the Work Order and any other documents referenced herein, contains the complete agreement between the parties hereto and supersedes any prior understanding, agreements or representations by or between the parties, written or oral, which may have related to the subject matter hereof in any way. Any terms or conditions contained in quotes, purchase orders or other documents which are contrary or inconsistent with those contained in this agreement shall be of no force or effect. The terms and conditions set forth above contain all the representations, stipulations, warranties, agreements and understandings with respect to the subject matter of the agreement between the Customer and SITECH, and its execution has not been induced by any representation, stipulation, warranty, agreement or understanding (including any course of prior dealings between the parties hereto) of any kind other than those set forth above.
18. MODIFICATION. No waiver, modification, or addition to these terms and conditions, or any assignment of Customer’s rights or obligations hereunder shall be valid or binding on SITECH unless in writing and signed by an authorized SITECH representative. Changes to the Work Order shall only be binding on SITECH if a Change Order is signed by an authorized SITECH representative.

19. GENERAL. The agreement between the Customer and SITECH and the subject matter connected with the performance thereof shall be construed in accordance with and governed by the laws of the Commonwealth of Kentucky, as if it were executed and performed entirely within Kentucky and shall be construed to be between merchants. Except as expressly provided to the contrary in writing, the provisions herein are between Customer and SITECH and are for the benefit of the parties hereto and not for any other person. No waiver by SITECH of any breach of any provision of these terms and conditions will constitute a waiver of any other breach. A party is not liable for failure to perform the party’s obligations hereunder if such failure is as a result of Acts of God (including flood, earthquake, or other natural disasters), war, invasion, act of foreign enemies, hostilities, civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, riots, government sanction, blockage, or embargo.