Terms and Conditions of Sale
These Terms and Conditions of Sale ("Terms") apply to every sale of steel beams, steel products, and related materials (the "Material") by Birdie Steel Trading LLC, a Florida limited liability company ("Birdie," "we," or "us"), to the buyer named on our quotation, order confirmation, or invoice (the "Buyer"). Birdie buys and sells used and surplus structural steel, including wide flange (W) beams, jumbo beams, I-beams, and secondary steel. Birdie sources Material through a network of suppliers and yards nationwide. Birdie is not a steel mill or a processor and does not manufacture, fabricate, or process Material.
1. Acceptance of These Terms
When a Buyer places an order, accepts a quotation, pays a deposit or invoice, or takes delivery or pickup of Material, the Buyer agrees to these Terms. These Terms, together with Birdie's written quotation or order confirmation, are the complete agreement for that sale. Any purchase order, release, shipping instruction, or other Buyer document that contains different or additional terms does not change these Terms unless Birdie agrees to those terms in writing. If a Buyer document conflicts with these Terms, these Terms control, even if the Buyer's document says it can only be accepted on its own terms. Past dealings between the parties and general trade custom will not be used to change or interpret these Terms.
2. Credit Accounts
Birdie decides, at its sole discretion, whether to offer credit to a Buyer, on what conditions, and for how much. Birdie may change or withdraw a credit limit at any time. Until credit is approved in writing, Birdie may require payment in full or a deposit before Material is released. The Buyer must tell Birdie in writing about any error on an invoice within ten (10) days after receiving it. If Birdie does not receive notice within that time, the invoice will be treated as correct and payable as issued.
3. Payment Terms
Timely payment is an essential part of every sale. The Buyer will pay all amounts according to Birdie's invoice or written quotation. Unless the invoice or quotation states otherwise, payment is due net thirty (30) days from the invoice date. Accepted payment methods are wire transfer, ACH, and company check. Past-due amounts accrue interest from the due date until paid at one and one-half percent (1.5%) per month or the highest rate allowed by law, whichever is lower. Birdie will apply payments in this order: (a) attorneys' fees and collection costs, (b) other amounts owed because of the Buyer's default, (c) late interest, and (d) the remaining purchase price.
4. Buyer's Financial Information
When Birdie asks, the Buyer will provide current financial information. The Buyer confirms that any financial information it provides is accurate and complete in all material respects and fairly reflects the Buyer's financial condition as of its date. The Buyer authorizes Birdie to check the Buyer's credit history and references from time to time.
5. Security Interest
Until Birdie is paid in full, the Buyer grants Birdie a first-priority purchase-money security interest in the Material sold and in all products and proceeds of that Material. Birdie may file a UCC financing statement or take other steps needed to perfect this security interest at any time.
6. Order Cancellation
Once Birdie confirms an order, the Buyer may not cancel it without Birdie's written consent. If Birdie agrees to a cancellation, the Buyer will pay a cancellation fee of twenty-five percent (25%) of the purchase price, plus any freight, loading, cutting, or supplier charges Birdie has already incurred. Orders for Material that Birdie has bought, reserved, or arranged specifically for the Buyer from a third-party supplier, and Material that has been cut to the Buyer's requested lengths, cannot be cancelled. All sales are final once the Buyer accepts the Material. Birdie does not accept returns except as described in Sections 12 and 13 or with Birdie's prior written authorization.
7. Quotations, Availability, and Order Approval
A sale is final only when an authorized Birdie representative confirms it in writing (including by email). Because Birdie sells used and surplus Material from a changing inventory and through its supplier network, all quotations are subject to prior sale and to availability from the source. Steel prices change with the market. Quoted prices are good for seven (7) days or until the Material is sold, whichever comes first, and are not guaranteed until Birdie confirms the order in writing. If Material is no longer available, Birdie may offer comparable Material or cancel the affected portion of the order with no liability other than refunding any amount the Buyer paid for that portion.
8. Pricing, Quantities, Lengths, and Weights
Quoted prices assume the Buyer buys the full quantity quoted. If the Buyer buys less, the price may change. Lengths, quantities, and weights in quotations, listings, and on this website are approximate. Used and surplus beams may vary from the nominal length, and actual quantities may differ from a listing. Unless Birdie agrees otherwise in writing, Birdie will invoice by theoretical weight, calculated from published section weight tables for the nominal section size and the quoted length, and not by actual scale weight. Prices do not include freight, loading, cutting, or taxes unless the quotation says they do.
9. Condition of Material; Mill Test Reports
Unless Birdie states otherwise in writing, all Material is sold AS IS and WHERE IS. Used Material has been in prior service or storage and may show rust, mill scale, pitting, paint, coatings, bolt or rivet holes, welds, clips, attachments, torch cuts, bends, sweep, camber, or other wear. Surplus Material may show storage wear. Any description of grade, size, section, or condition is based on information available to Birdie and its suppliers and is provided in good faith only. The Buyer is responsible for inspecting the Material, or having it inspected, before pickup or shipment, and for deciding whether it is suitable for the Buyer's intended use, including any structural or engineering use. Mill test reports (MTRs) and other certifications are provided only when available and are not guaranteed for any Material. If an MTR is provided for used Material, it reflects the original production of the steel and does not certify its current condition. Birdie does not provide engineering, testing, or design services.
10. Delays Beyond Our Control (Force Majeure)
Neither party is responsible for a delay or failure to perform (other than the obligation to pay money) caused in whole or in part by events beyond its reasonable control. These events include natural disasters, severe weather, war, civil unrest, government action, carrier or trucking shortages, transportation delays, labor disputes, equipment or utility failures, supplier or yard delays, material shortages, and similar or different events outside the party's control. The affected party will notify the other party in writing within a reasonable time and may suspend performance for as long as the event continues, without liability.
11. Pickup, Freight, Title, and Risk of Loss
Unless the quotation says otherwise, prices are Ex Works / FOB the location where the Material is stored (the "Pickup Location"), which may be a Birdie yard or a supplier's yard. The Buyer may pick up Material with its own carrier, or Birdie may arrange freight for the Buyer at the Buyer's cost. The Buyer must pick up Material within ten (10) business days after Birdie notifies the Buyer that it is ready. After that, Birdie may charge the Buyer for any storage, yard, or handling fees charged by the Pickup Location, plus a reasonable storage charge set by Birdie, and the Material is stored at the Buyer's cost and risk. The Buyer's carrier must have proper equipment, permits, securement, and insurance for the load, and is responsible for securing the load. Title and risk of loss pass to the Buyer when the Material is loaded onto the truck, trailer, or railcar at the Pickup Location. This applies whether the carrier is hired by the Buyer or by Birdie, and regardless of who pays freight. Delivery dates are estimates only.
12. Inspection and Claims
The Buyer must inspect the Material and shipping documents at loading or immediately on delivery. A claim for shortage, the wrong Material, or damage in transit is valid only if: (a) the Buyer notifies Birdie in writing within five (5) days after pickup or delivery, describing the problem in detail with photos; (b) for damage in transit, the shortage or damage is noted on the bill of lading or delivery receipt and signed by the driver; (c) the Buyer keeps the Material available for Birdie or its supplier to inspect and does not cut, weld, paint, install, or otherwise use it; and (d) the Buyer's account is current. If the Buyer does not give notice within that time, the Buyer waives the claim. Cutting, fabricating, installing, reselling, or otherwise using the Material means the Buyer has accepted it. Material may be returned only with Birdie's prior written authorization.
13. Limited Warranty and Limitation of Liability
Birdie warrants only that (a) it has good title to the Material, free of liens or security interests created by or through Birdie, and (b) if Birdie expressly states in writing (not just in a listing or verbal description) that Material meets a particular size, section, or grade, the Material will conform to that statement within normal industry tolerances for used or surplus steel, and the Buyer reports any non-conformity within thirty (30) days after pickup or delivery and before the Material is used. EXCEPT AS STATED IN THIS SECTION, BIRDIE MAKES NO OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTY OF DESIGN OR CONDITION. No other warranty is valid unless it is in writing and signed by an authorized manager or member of Birdie. For any non-conforming Material, Birdie's only obligation, and the Buyer's only remedy, is, at Birdie's option, to replace the Material or refund the price paid for it. BIRDIE IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, PROJECT DELAYS, OR LABOR OR INSTALLATION COSTS, EVEN IF BIRDIE KNEW SUCH DAMAGES WERE POSSIBLE. BIRDIE'S TOTAL LIABILITY FOR ANY CLAIM RELATED TO THE MATERIAL, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, WILL NOT EXCEED THE PRICE THE BUYER ACTUALLY PAID FOR THE MATERIAL THAT GAVE RISE TO THE CLAIM.
14. No Unwritten Promises; Informal Advice
Only the commitments in these Terms and in Birdie's written quotation or order confirmation bind Birdie. Birdie's employees, agents, and network partners do not have authority to make any other promise, representation, guarantee, or warranty on Birdie's behalf. Any comments Birdie gives about the selection, sizing, condition, or use of Material are informal and free of charge. The Buyer relies on them at its own risk, and Birdie is not responsible for the results. The Buyer should rely on its own licensed engineer for structural decisions.
15. Taxes
Prices do not include taxes. The Buyer will pay, or reimburse Birdie for, all sales, use, excise, and other taxes, duties, and government charges that apply to the sale, unless the Buyer gives Birdie a valid tax-exemption or resale certificate before the invoice is issued.
16. Buyer's Indemnity
The Buyer will defend, indemnify, and hold harmless Birdie and its members, managers, employees, agents, affiliates, successors, and assigns from all claims, losses, damages, injuries, liabilities, fines, penalties, taxes, costs, and expenses (including reasonable attorneys' fees and court costs) to the extent they arise from or relate to (a) the Buyer's (or its carrier's) loading, hauling, unloading, storing, handling, cutting, fabricating, installing, reselling, or use of the Material, or (b) any negligence, act, or omission of the Buyer, its employees, agents, carriers, or anyone else the Buyer is legally responsible for.
17. Default and Insolvency
The Buyer is in default if it: does not pay any amount in full, without deduction or setoff, within ten (10) days after it is due; breaks any other part of these Terms; makes an assignment for the benefit of creditors; becomes the subject of a bankruptcy, insolvency, or reorganization proceeding; or otherwise appears to Birdie to be financially unstable. If the Buyer defaults, Birdie may, without notice and in addition to any other rights it has, do any of the following: (a) cancel all or part of any open order; (b) stop or hold any shipments or pickups; (c) recover or require the return of any unpaid Material; (d) declare all amounts owed by the Buyer immediately due, regardless of any credit terms; (e) store Material held for the Buyer at the Buyer's cost and risk; (f) apply any payments as Birdie chooses; (g) resell any Material at whatever price is reasonably available, with no duty to obtain the best price, and recover any shortfall from the Buyer; and (h) use any other remedy available at law or in equity. If the Buyer files for bankruptcy, the Buyer agrees not to oppose any request by Birdie for relief from the automatic stay.
18. Waiver
A waiver of any part of these Terms is valid only if it is in writing and signed by the party giving it. A waiver of one breach does not waive any other or later breach. Birdie's acceptance of a payment while knowing of a breach is not a waiver. A delay or failure to use a right, or using only part of a right, does not waive that right or any other right.
19. Governing Law and Venue
THESE TERMS AND ALL SALES UNDER THEM ARE GOVERNED BY THE LAWS OF THE STATE OF FLORIDA, WITHOUT REGARD TO ITS CONFLICT-OF-LAWS RULES. ANY LAWSUIT ARISING FROM OR RELATED TO THESE TERMS OR THE MATERIAL MUST BE BROUGHT ONLY IN THE STATE COURTS LOCATED IN PALM BEACH COUNTY, FLORIDA, OR THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA, AND BOTH PARTIES CONSENT TO THE JURISDICTION OF THOSE COURTS.
20. Attorneys' Fees
In any dispute arising from or related to these Terms or the Material, the prevailing party may recover its reasonable attorneys' fees and court costs from the other party, including on appeal and in collection efforts.
21. Assignment; No Third-Party Beneficiaries
Neither party may assign or delegate its rights or obligations under these Terms without the other party's written consent. However, Birdie may assign its rights and obligations to an affiliate, or assign its right to receive payment, by giving written notice to the Buyer. Any assignment made without the required consent is void. These Terms bind and benefit the parties and their successors and permitted assigns. These Terms do not create rights for anyone else.
22. Severability
If a court of competent jurisdiction finds any part of these Terms invalid, illegal, or unenforceable, that part will be enforced to the maximum extent the law allows, or replaced with a valid provision that comes as close as possible to the original intent. The rest of these Terms will remain in full effect.
23. Electronic Records and Copies
Birdie may accept orders, quotations, confirmations, and signatures by email, electronic signature, scan, or photocopy. These have the same effect as signed originals. The Buyer agrees not to object to the use of an electronic record or copy instead of an original, and waives any right to require an original.
24. Entire Agreement; Changes
These Terms, together with Birdie's written quotation or order confirmation, are the entire agreement between Birdie and the Buyer for each sale. They replace all earlier or simultaneous discussions, proposals, and agreements, whether written or oral. A change to these Terms for a particular sale is valid only if it is in writing and signed by an authorized manager or member of Birdie. Birdie may update these Terms from time to time by posting a new version on its website. The version in effect when Birdie confirms an order applies to that order.
Last updated: October 29, 2026
Contact Us
Questions about these Terms or an order? Please contact us:
Birdie Steel Trading LLC 20110 Boca West Dr #211 Boca Raton, FL 33434 Phone: 732-770-3599 Email: BirdieSteelTrading@gmail.com Website: www.birdiesteeltrading.com