STANDARD CONDITIONS & TERMS OF SALE
The term “Seller” use herein shall mean Millard Lumber Inc., its divisions, or subsidiaries.
Sales are expressly limited to and made conditional upon the terms and conditions contained herein, and any of the buyer’s terms in addition to or different from those contained herein are hereby objected to and shall be of no effect. Objection to any terms contained herein shall be deemed to have been waived if written notice is not received by the seller within five days after the receipt of the material. Buyer will in any event be deemed to have assented to all terms and conditions contained herein if any part of the described merchandise is accepted.
Delivery of material to common carrier or you at F.O.B. shipping point shall constitute delivery to buyer, and material shall be at buyer’s risk thereafter. If delivered by motor vehicles operated by Seller, material shall be F.O.B. job site, delivered alongside building, receiving dock, but not delivered to decks. Promises of date and time of delivery are estimated as closely as possible, but not guaranteed. We reserve the right to increase or decrease the quantity called for by not more than 10% when necessary to avoid cutting, waste or to avoid breaking customary shipping units or sizes.
In the absence of any other written agreement, terms shall be net 30 days. All shipments and delivery shall at all times be subject to the approval of Seller’s Credit Department. If, in the judgment of the Seller, the credit standing of the Buyer becomes impaired at any time, the Seller shall not be obligated to make any deliveries and may require full payment within 10 days of demand by Seller. Seller retains a security interest in the goods sold hereunder to secure any payment of amounts due. A late charge or service charge will be imposed upon all past-due accounts at the rate of 1.5% per month or 18% annual percentage. Should this rate exceed the maximum rate that is lawful under the circumstances, the maximum rate shall apply.
SPECIAL & MANUFACTURED ORDERS
All orders of a special nature or manufactured items may not be canceled after acceptance by Buyer verbally or in writing. Seller reserves the right to require advance payment on such orders. Special orders and manufactured goods cannot be returned for credit.
No material will be accepted for return unless authorized. All returned material is subject to handling, reconditioning and restocking charges as assessed by Seller.
Seller shall not be liable for delays caused by strikes, labor disturbances, lockout, riot, fire, acts of God or the public enemy, or delays in Seller’s suppliers to deliver, whether like or unlike the foregoing, if beyond reasonable efforts of Seller to control.
Buyer shall immediately check and inspect all material on its arrival. If by common carrier, Buyer shall file claims with carrier for all shortages and damages and shall take responsibility for collecting any damage of shortage occurring in transit. Shortages or damage by Millard Lumber trucks should be noted on the dray or notice given to Millard Lumber office immediately upon delivery. Seller shall not be considered or held liable at any time for any damage, injury, or loss after delivery to customer except for the performance of material upon which there are standard printed guarantees relating to such merchandise, but shall not be limited to the terms and conditions of such Standard Guarantees.
Failure by Seller to enforce Buyer’s compliance with any portion hereof shall not constitute a waiver of that provision on past or future orders and invoices.
Please note that estimates are strictly estimates. As such, they are subject to clerical errors in computations and judgments as to quantities. If accepted as a contract, the unit prices shall be the final authority in determining total price. Consideration has been given to the quantity of all items listed in determining prices quoted. If selective purchasing is made from this list, we reserve the right to verify prices on these items.
Applicable Sale, Use, Excise or similar taxes and increases in transportation tariffs and taxes will be added to the price.
DISCLAIMER OF WARRANTIES
Millard Lumber makes no representations of warranties, express or implied, at law or equity, in respect of the materials or goods purchased, including any warranties of merchantability of fitness for a particular purpose, and all such warranties are hereby expressly disclaimed. Millard Lumber further disclaims all warranties, implies of express, arising out of custom or usage of trade.