The following terms and conditions govern the sales of Big C Lumber Co, Inc. (“the Seller”), whether made pursuant to oral or written orders to its representatives or salesmen. Seller’s address for all purposes respecting these terms and conditions is P.O. Box 176, Granger, Indiana 46530. These terms are available for inspection before completing any purchase at the following web address: www.bigclumber.com/terms-and-conditions.
LIMITED WARRANTIES AND SOLE REMEDY
The Seller will provide the Buyer from time to time, with the terms of the warranty or warranties applicable to its product(s). In the event that the original manufacturer of Seller’s product(s) provides a written warranty, that warranty shall be the sole and exclusive warranty applicable to the product and Seller’s sole warranty responsibility shall be to reasonably facilitate Buyer’s assertion of Buyer’s rights under the manufacturer’s warranty. Seller does not adopt or join in any manufacturer’s warranty. If the product(s) which is the subject of this Purchase Order has no other warranty, in and only in that event, Seller warrants that the product shall be free of any material defects in workmanship or function/operation for a period of thirty (30) days from the date of delivery to the original direct purchaser of the product (“Buyer”). Buyer has no right to assign any rights under this warranty.
Any and all warranties concerning Seller’s product(s) shall immediately cease and terminate as to any product(s) or part(s) thereof which is/are altered, or modified, without the prior express and written consent of the product’s Manufacturer and/or the Seller.
THE WARRANTIES PROVIDED BY THE SELLER TO BUYER CONCERNING SELLER’S PRODUCTS(S) SHALL BE THE SOLE AND EXCLUSIVE WARRANTY. THERE SHALL BE NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER OBLIGATION ON THE PART OF THE SELLER WITH RESPECT TO THE PRODUCT(S) COVERED BY THIS PURCHASE ORDER.
BUYER’S SOLE REMEDY UNDER ANY WARRANTY RELATING TO SELLER’S PRODUCT(S) SHALL BE THE REPAIR OR REPLACEMENT OF ANY SELLER PRODUCT(S) WHICH ARE FOUND TO BE DEFECTIVE AND WHICH BUYER HAS RETURNED TO SELLER, AT BUYER’S EXPENSE, WITHIN THE EFFECTIVE PERIOD OF ANY APPLICABLE WARRANTY. THE SELLER MAKES NO OTHER PROMISES OR WARRANTIES AND SHALL HAVE NO OTHER LIABILITY FOR ANY OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES. SELLER WILL COMPLETE THE REPAIR OR REPLACEMENT WITHIN 90 DAYS AFTER BUYER RETURNS THE PRODUCT.
Buyer shall pay to Seller the amount of any and all taxes, excises, or other charges which Seller may be required to pay or to collect for any government, national, state or local, upon, or measured by the production, sale, transportation, delivery or use of the merchandise sold hereunder.
Delay in delivery or non-delivery in whole or in part by Seller shall not be a breach of this sale if performance is made impracticable by the occurrence of any one or more of the following contingencies, the non-occurrence of which is a basic assumption on which the agreement is made: (a) Fires, Floods, or other casualties; (b) Wars, Riots, Civil Commotion, Embargoes, governmental regulations or martial law; (c) Seller’s inability to obtain necessary materials (furnished or otherwise) from its usual sources of supply; (d) Shortage of cars or trucks or delays in transit; (e) Existing or future strikes or other labor troubles affecting production or shipment, whether involving employees of Seller or employees of others, and regardless of responsibility or fault on the part of the employer, and (f) Other contingencies of manufacture or not of shipment, whether or not of a class or kind mentioned herein and not reasonably within Seller’s control.
TERMS AND CONDITIONS TO GOVERN
THESE TERMS AND CONDITIONS, WHEN COMBINED WITH SELLER’S INVOICE SPECIFYING PRICE, QUANTITY, AND OTHER TERMS CONSTITUTE THE ENTIRE CONTRACT WITH RESPECT TO THE SALE AND PURCHASE OF THE MERCHANDISE SPECIFIED ON THE INVOICE. No modification of this sale shall be effected by the acknowledgement of any purchase order or other forms specifying different conditions, and Seller specifically rejects all terms other than those outlined herein. No modifications shall be effective unless in writing and signed by the party claimed to be bound thereby.
STATE OF JURISDICTION
This sale shall be deemed to have been made in and shall be construed in accordance with the laws of the State shown in Seller’s address.
DELIVER AND ACCEPTANCE OF TITLE OF GOODS
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 original 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 Sellers 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 this invoice document, 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 of this invoice 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 you paid for the product.
REFUND POLICY ON CHECK PAYMENTS
Any check taken for payment on a “Cash” sale, “Alias” account or customer charge account will be eligible for a Big C Lumber refund via company check after the clearing time of 10 days from the date the customer’s check has been deposited in the bank.
Acceptance of materials by the Buyer indicates Buyer’s agreement to pay the rate of finance charge specified on the face of Seller’s invoice. All past-due amounts will incur interest at the rate of 18% per year, and Seller will be entitled to recover from Buyer its reasonable attorneys’ fees incurred in collecting amounts owed by Buyer.
All returned goods by Buyer must be accompanied by the Buyer’s copy of original sales ticket. A 25% restocking charge may be assessed by the Seller on all returned goods.
Any estimate provided by Seller is designed solely to provide the contractor/consumer with a rough estimate of the amount of material used in a 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.
PRODUCT APPLICATION AND INSTALLATION
Application and use of any product purchased by Buyer should be in accordance with the manufacturer’s specifications & installation instructions. If specifications and/or instructions are not supplied with product, Seller can provide manufacturer specifications and/or instructions upon request.