Terms & conditions

Version 2026-1, effective October 2026. Proposals name the version that applies to them. Earlier versions are in the archive.

Physis Techne, LLC dba Structured Steel ("Structured Steel," "we"), Arizona ROC #352621.

1. Applicability

These terms apply to every proposal, estimate, quotation, sale and installation by Structured Steel. The proposal (including its scope, assumptions, exclusions and qualifications) and these terms form the agreement with the customer ("Customer"). If they conflict, the proposal controls. If Customer issues its own subcontract or purchase order, these terms apply to anything it does not address, and our proposal's exclusions and qualifications remain part of the agreement. Pre-printed terms on a Customer purchase order do not apply unless we sign them.

2. Acceptance and validity

Proposals are valid for 15 days unless stated otherwise. Signing the proposal, or issuing a letter of intent, purchase order, subcontract or notice to proceed based on it, accepts these terms.

3. Scope

Our price covers only the items listed in the proposal, based on the drawings, specifications and addenda it identifies. Anything not listed is excluded. Engineering, connection design, special inspection, permits, bonds, crane, concrete, grout, field painting and galvanizing are excluded unless the proposal expressly includes them.

4. Pricing and escalation

Prices assume material can be bought at current mill and service-center prices and that work proceeds on the agreed schedule. If steel, fuel or labor costs rise more than 5% between the proposal date and our material purchase, or the work is delayed or resequenced by others, we may adjust the price by the documented increase. Sales and transaction privilege tax are excluded; Customer provides ADOR Form 5005 or any other applicable exemption certificate.

5. Billing and payment

• We bill per the contract, or 50% on award and monthly for work completed and materials fabricated or stored, whether in our shop or on site. On request we provide stored-material documentation (photos, bill of sale, insurance certificate).
• Invoices are due on receipt unless the contract states otherwise. Unpaid balances over 15 days accrue interest at 18% per year (1.5% per month), plus reasonable collection costs and attorneys' fees.
• Retention, if any, may not exceed the amount the owner retains for our work, and is due upon completion of our scope, as provided in the Arizona prompt pay statutes (A.R.S. 32-1129 et seq.).
• We furnish lien waivers only in the statutory forms of A.R.S. 33-1008. We serve a preliminary twenty day notice on every project; it is not a reflection on anyone's integrity.
• If payment is not made when due, we may suspend work after 7 days' written notice, to the extent permitted by law, with schedule and cost adjusted for the suspension.

6. Shop drawings and information

Fabrication begins after we receive approved shop drawings and all information needed to fabricate, including connection designs. Customer is responsible for the accuracy of dimensions, elevations and information supplied by Customer or its consultants. Fabrication lead times run from receipt of approved drawings.

7. Schedule and delays

We are not responsible for delays caused by others, by late approvals or information, by changes, or by events beyond our reasonable control (weather, supply disruption, labor actions, government action, acts of God). We are entitled to an extension of time and to the added cost of delays not caused by us.

8. Site conditions

Customer provides safe, clear and continuous access to the work; adequate laydown space; power, water and sanitary facilities; and properly located, level and cured foundations, anchor bolts and bearing surfaces. Correcting work by others (for example, misplaced anchor bolts) is extra work.

9. Changes and backcharges

Changes require a written change order before we proceed. Work directed without one is billed at our standard time-and-material rates. Backcharges are not valid unless we receive written notice and a reasonable opportunity to correct the condition before others do the work.

10. Delivery, inspection and acceptance

Risk of loss passes to Customer on delivery to the site, or at our shop for pick-up orders. Customer must report shortages or visible damage within 2 business days of delivery and other nonconformance within 7 days of installation; after that, the work is accepted, except for latent defects covered by the warranty.

11. Warranty

We warrant that our work will conform to the approved drawings and be free from defects in workmanship for one year from substantial completion of our scope. Material carries the mill's warranty. The warranty excludes damage by others, misuse, lack of maintenance, design furnished by others, normal weathering, and the appearance of galvanizing and coatings. Our sole obligation is to repair or replace nonconforming work, at our option. THIS WARRANTY IS EXCLUSIVE AND REPLACES ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

12. Limitation of liability

Neither party is liable to the other for lost profits, loss of use, delay damages not caused by it, or other indirect or consequential damages. Our total liability arising from the work is limited to the price paid for it, except to the extent of insurance proceeds actually available or as prohibited by law.

13. Indemnity and insurance

Each party indemnifies the other against third-party claims for bodily injury and property damage to the extent caused by its own negligence. Nothing requires us to indemnify anyone for their own negligence, consistent with A.R.S. 32-1159. We maintain the insurance shown on our certificate of insurance.

14. Title

For goods sold, title passes upon full payment. Until then, we keep all rights in the goods allowed by law, including mechanic's lien and bond rights.

15. Standard product sales

Product specifications are as published; dimensions are nominal. Custom-configured items are made to order and are not returnable. Unused standard items in original condition may be returned within 30 days with prior authorization, subject to a 15% restocking fee and return freight. Freight quotes are estimates. Installation is by the buyer unless purchased from us. Bollards are not crash-rated unless the product listing states a tested rating. Buyer is responsible for confirming that products meet the codes and loads of its project.

16. Termination

If Customer terminates for convenience, Customer pays for work performed, materials fabricated or ordered (including non-cancellable orders), demobilization, and reasonable overhead and profit on that work.

17. Disputes

Arizona law governs. The parties will first try to resolve disputes by direct negotiation. Any lawsuit must be brought in Maricopa County, Arizona. The prevailing party recovers reasonable attorneys' fees and costs.

18. General

These terms and the proposal are the entire agreement on their subject and may be changed only in a signed writing. If any provision is unenforceable, the rest remains in effect. Customer may not assign the agreement without our consent. Electronic signatures and documents are binding. Notices go to the addresses on the proposal.