All claims and returns must be accompanied by an invoice. Returned goods may be subject to a restocking charge. No returns allowed on custom orders. Not responsible for damage by our trucks past curb line.
Concord Lumber Corporation hereby disclaims any and all implied warranties of fitness and of merchantability of any of the goods and services which it provides to the buyer. Concord Lumber Corporation hereby disclaims the implied warranty of habitability and any and all other express or implied warranties not set forth herein. Concord Lumber Corporation makes no express warranties beyond the description of the materials and buyer agrees that Concord Lumber Corporation shall not be liable for consequential or incidental damages.
ADDITIONAL TERMS AND CONDITIONS
1. Any acceptance by Concord Lumber Corp. (Seller) is expressly made conditional on Buyer's assent to the terms contained herein. Any acceptance by Buyer is expressly limited to the terms herein.
2. Buyer hereby constitutes any person engaged in the performance of labor upon the premises where delivery is to be made, as buyer's agent to accept delivery of any material delivered under this contract, and it is understood that Seller will in no way be responsible for the disposition of any material after such delivery to the premises.
3. Buyer shall pay all Finance Charges due Seller under the terms of the separate Credit Agreement between Buyer and Seller.
4. Seller reserves the right to make delivery in installments. All such installments shall be separately invoiced and paid for when due, without regard to subsequent deliveries. Delay in delivery of any installment shall not relieve Buyer of its obligation to accept remaining deliveries.
5. Seller reserves the right at any time to suspend credit, to change credit terms provided herein, to suspend performance, to decline to ship, or to stop any goods in transit when, in its sole opinion, the financial condition of the buyer so warrants. In any such case, in addition to and not exclusive of any other remedies herein or by law provided (including the right to recover damages), cash payment or a satisfactory security agreement from Buyer may be required by Seller before shipment, the due date of payment by Buyer under any contract or order with Seller may be accelerated by Seller or Seller may terminate any contract between Buyer and Seller. Failure to pay any invoice when due makes all subsequent invoices immediately due and payable, irrespective of terms, and Seller may withhold all subsequent deliveries until the full account is settled. Acceptance by Seller of less than full payment shall not be a waiver of any of its rights.
6. UNLESS SELLER DELIVERS TO BUYER IN CONNECTION WITH THE SALE PROVIDED FOR HEREBY A WRITING OF SELLER EXPRESSLY SPECIFIED TO BE A WARRANTY IN OR ON SUCH WRITING, ALL EXPRESS WARRANTIES AND ANY IMPLIED WARRANTY OR MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE ARE EXCLUDED AND DISCLAIMED.
7. Seller shall not be liable for normal manufacturing defects or customary variances from specifications.
8. Any claim for shortage in quantity or defective material shall be made in writing to Seller within ten days of delivery; otherwise such claim shall be deemed to have been waived.
9. Buyer shall afford Seller prompt and reasonable opportunity to inspect goods as to which any claim is made. Seller reserves the right, in its sole discretion, to repair, replace or substitute other goods therefor, and by making such repair or replacement, Seller shall have no further liability to Buyer with respect to such goods. If any defective goods are not so repaired or replaced by Seller, Seller's liability shall be limited to the stated purchase price of such goods. Seller shall in no event be liable for Buyer's manufacturing costs, lost profits, goodwill or other indirect, special, incidental or consequential damages.
10. Buyer shall strictly observe an comply with all federal, state and local laws, rules, regulations and orders which govern or affect the manufacture, sale, handling or disposal of the goods covered hereunder.
11. This writing constitutes the entire agreement between the parties and all prior representations have been merged herein. This writing and any additional writing, if any, may not be modified or terminated except by a writing signed by a duly authorized representative of Seller.