Terms and Conditions
The following terms and conditions govern the sales of The Seller, whether made pursuant to oral or written orders to its representatives or salespersons.
Terms and Conditions to Govern:
No modification of any sale shall be effected by the acceptance or acknowledgement of purchase order forms specifying different conditions, and no modifications shall be effective unless in writing signed by the party claimed to be bound thereby.
Delivery and Acceptance of Title of Goods:
Title to the materials shall pass from the Seller to Buyer upon delivery thereof to Buyer. Title to the materials shall pass from the Seller to Buyer upon delivery thereof to Buyer or his agent and thereafter shall be Buyer’s risk. Claims for shortages, breakage or for any nonconformance with the terms and conditions of the order shall be noted on the Seller’s delivery receipt by the Buyer at the time of delivery; otherwise, the Seller shall not be responsible for any such claims. If delivery is by common carrier, delivery by the Seller to the carrier at point of origin shall constitute delivery to the Buyer and thereafter the shipment shall be at Buyer’s risk, and claims for loss or damage must be filed by the Buyer against the carrier. Title to goods loaded onto Buyer’s conveyance at Seller’s warehouse passes to the Buyer at the Seller’s Loading dock. If, upon delivery at job site, there is not present at the job site, an employee of the Buyer authorized to accept delivery and sign a delivery document evidencing delivery of material as listed on the accompanying documentation, then the Seller reserves the right to deposit the material at the delivery area previously designated by the Buyer without obtaining a signed receipt therefor, and the Buyer agrees to liability for payment as if it were signed by an authorized employee of the Buyer, unless the Buyer has previously instructed the Seller not to deposit material at the designated delivery area without obtaining a signed delivery receipt from an authorized employee of the Buyer.
There will be no returns on special ordered non stocked items, manufactured/mill items, damaged, stained, and non-reusable merchandise. Returnable items must be resalable, complete, in the original package and accompanied by sales slip. Credits or refunds will be made at the price Buyer paid for the product. All merchandise must be checked when received. Materials returned within 30 days in good condition with invoice, will be credited subject to a discount of 15% to cover cost of handling.
Acceptance of materials by the Buyer indicates Buyer’s agreement to pay finance charges on past due invoices at a rate of 1.5% per month. This is an annual percentage rate of 18%.
By delivering materials to your job location, the Seller maintains Mechanics Lein rights on the property and will claim a lien to the extent of all unpaid materials.
An estimate is designed solely to provide the contractor/customer with a rough estimate of the amount of material used in the given project. The material estimate will be based upon calculations or data provided by the contractor/customer and such estimate assumes, among other things, normal and typical building and construction techniques. The actual amount of material used may vary from the material estimate due to a number of factors. Consequently, no representation or warranty has been made that the actual amount of material used will not vary from the estimate.