Terms of Service

MCS Bridge Division provides:

• Manufacturing of steel bridge grid decking, including open, half-filled, fully filled, and exodermic systems
• Detailing, shop drawings, and submittal preparation
• Engineering coordination and project support
• Scheduling, logistics, and delivery coordination

The specific scope for any project is defined in the applicable quotation, purchase order acknowledgment, or contract documents.

Quotations are offers to sell on these terms and are valid for the period stated on the quotation. If no period is stated, quotations expire thirty (30) days from issuance and are subject to change or withdrawal before acceptance.

An order becomes binding only upon written acknowledgment by MCS. Any additional or conflicting terms in a customer purchase order are rejected and do not bind MCS unless expressly accepted in writing.

Prices are exclusive of taxes, duties, permits, and freight unless expressly stated otherwise. The customer is responsible for all applicable sales, use, and excise taxes.

Unless otherwise agreed in writing, payment terms are net thirty (30) days from invoice date. Past-due amounts may accrue interest at the lesser of 1.5% per month or the maximum rate permitted by law. The customer is responsible for reasonable collection costs, including attorneys' fees.

MCS reserves the right to adjust pricing for changes in raw material costs, scope, quantity, schedule, or specification occurring after quotation.

The customer is responsible for:

• Providing complete, accurate, and current drawings, specifications, and field dimensions
• Timely review and approval of submittals and shop drawings
• Identifying the governing specification, DOT requirements, and jurisdiction
• Site access, unloading, storage, and field installation unless otherwise contracted
• Obtaining all permits and approvals required for the project

Delays or additional costs arising from incomplete, late, or inaccurate customer information are the customer's responsibility.

Change orders must be issued in writing and accepted by MCS. Changes may affect price and schedule. Orders that have entered detailing, material procurement, or production may be cancelled only with MCS's written consent and payment of all costs incurred plus a reasonable cancellation charge.

Delivery dates are estimates based on conditions at the time of acknowledgment and on timely submittal approval. MCS will use commercially reasonable efforts to meet agreed schedules but does not guarantee a specific delivery date unless expressly stated in a signed contract.

Unless otherwise agreed, product is sold FOB the MCS facility in Bedford, Pennsylvania. Title and risk of loss pass to the customer upon loading at the facility.

The customer must inspect all product upon receipt and give written notice of any shortage, visible damage, or nonconformity within ten (10) days of delivery. Failure to provide timely notice constitutes acceptance. Claims for concealed defects must be submitted promptly upon discovery and within the warranty period.

MCS warrants that product manufactured by MCS will conform to the approved shop drawings and agreed specifications and will be free from defects in workmanship under normal use for twelve (12) months from delivery.

This warranty does not cover:

• Damage from improper handling, storage, installation, or field modification
• Normal wear, corrosion beyond the specified coating system, or environmental exposure outside design conditions
• Overloading, impact, accident, or misuse
• Materials, coatings, or components supplied by or specified by others
• Design adequacy where the design was furnished by the customer or the engineer of record

MCS's sole obligation, and the customer's exclusive remedy, is repair, replacement, or credit for the nonconforming product, at MCS's option. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Unless MCS is expressly engaged as engineer of record under a signed agreement, MCS provides detailing and manufacturing support only. Structural design, load rating, code compliance, and suitability of the selected grid system for the specific structure remain the responsibility of the project's engineer of record and owner.

To the fullest extent permitted by law, MCS's total liability arising out of or related to any order will not exceed the purchase price of the specific product or service giving rise to the claim. MCS will not be liable for indirect, incidental, special, consequential, or punitive damages, including lost profits, delay damages, liquidated damages, or costs of substitute performance.

MCS is not liable for delay or failure to perform caused by events beyond its reasonable control, including acts of God, severe weather, fire, flood, labor disputes, pandemic, war, terrorism, government action, transportation disruption, and shortages of materials, energy, or steel.

These terms are governed by the laws of the Commonwealth of Pennsylvania, excluding its conflict of law rules and the U.N. Convention on Contracts for the International Sale of Goods. The parties consent to the exclusive jurisdiction of the state and federal courts located in Pennsylvania.

These terms, together with the applicable quotation and order acknowledgment, constitute the entire agreement between the parties regarding the subject matter and supersede all prior discussions and representations. If any provision is held unenforceable, the remaining provisions remain in full force.