Hardwood Lumber Agent
Terms & Conditions of Sale
PLEASE READ THESE TERMS & CONDITIONS OF
SALE ("SALE AGREEMENT") VERY CAREFULLY.
THE CUSTOMER AGREES TO BE BOUND BY THIS SALE
AGREEMENT & ACCEPTS ITS TERMS & CONDITIONS (UNLESS THE
CUSTOMER HAS SIGNED A SEPARATE FORMAL PURCHASE AGREEMENT WITH
Hardwood Lumber Agent. IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN).
Important Information About This Legal
Contract:
This Sale Agreement is a legal
contract between the Customer & Hardwood Lumber Agent. The Customer
accepts this Sale Agreement by making a purchase, placing an order, or otherwise
shopping on the Site. (References to "you" or "your" shall relate to the
Customer; references to "Hardwood Lumber Agent" shall relate to Hardwood Lumber Agent &
its affiliates.) The terms & conditions of this Sale Agreement
are subject to change without prior notice, except that the terms &
conditions posted on the Site at the time the Customer initially places or
modifies an order will govern the order in question.
This Sale Agreement constitutes the entire agreement
between the Customer & Hardwood Lumber Agent relating to the purchase or sale
of goods or services on the Site. The Sale Agreement may only be modified
or terminated with regard to goods or services that have been purchased or sold
on the Site in a writing signed by Hardwood Lumber Agent. Electronic records (including
signatures), that are otherwise valid, shall be accepted under the Sale
Agreement. The Customer consents to receiving electronic records, which
may be provided via a web browser or e-mail application connected to the
Internet; consumers may withdraw consent to receiving electronic records or have
the record provided in non-electronic form by contacting Hardwood Lumber Agent at the
address provided below.
In the event of any conflict between the
terms & conditions stated on your purchase order and this Sale
Agreement or any terms & conditions on our invoice, you agree that the
provisions of this Sale Agreement & our invoice shall control.
Governing Law:
THIS AGREEMENT & ANY SALES HEREUNDER SHALL BE GOVERNED
BY THE LAWS OF THE STATE OF PA, WITHOUT REGARD TO CONFLICTS OF LAWS
RULES. THE CUSTOMER CONSENTS TO THE JURISDICTION OF THE FEDERAL OR STATE
COURTS LOCATED IN USA COUNTY, PA FOR PURPOSES OF ANY SUIT, ACTION OR
PROCEEDING ARISING OUT OF THIS SALE AGREEMENT.
Title; Risk of Loss:
Title to goods herein being purchased is retained by the seller
until goods are paid for by the purchaser & at that time title passes
to the purchaser. Loss or damage that occurs during shipping by a carrier
selected by Hardwood Lumber Agent is Hardwood Lumber Agent's responsibility. Loss or
damage that occurs during shipping by a carrier selected by Customer is
Customer's responsibility. Title to software will remain with the
applicable licensor(s).
Export Sales:
If
goods herein being purchased are being purchased for purposes of export, the
Customer must obtain from the federal government certain export documentation
before shipping to a foreign country. In addition, manufacturers'
warranties for exported goods may vary or even be null & void for goods
exported outside the United States. The Customer should inquire further
regarding any questions. Any & all liability is only for the
products purchased.
General Legal Disclaimer:
Hardwood Lumber Agent HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES EITHER
EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER BY
Hardwood Lumber Agent IN NO WAY AFFECTS THE TERMS OF THE MANUFACTURER'S WARRANTY, IF
ANY.
Internet Disclaimer:
Internet connectivity requires access services from an Internet
access provider. Contact your local access provider for rates,
terms & conditions.
56K Disclaimer:
56K modems are capable of 56Kbps downloads, however, current
regulations limit download speed to 53Kbps.
Third-Party Product and Y2K
Disclaimer:
All products sold by Hardwood Lumber Agent
are third party products & are subject to the warranties &
representations of the applicable manufacturers, including but not limited to
Y2K compliance. Accordingly, Hardwood Lumber Agent makes no representation or
warranty with respect to the Y2K compliance of products sold.
Pricing & Information
Disclaimer:
All pricing subject to
change. For all prices, products & offers, Hardwood Lumber Agent reserves
the right to make adjustments due to changing market conditions, product
discontinuation, manufacturer price changes, errors in advertisements &
other extenuating circumstances. High volume bids are welcome!
While
Hardwood Lumber Agent uses reasonable efforts to include accurate & up-to-date
information on the Site, Hardwood Lumber Agent makes no warranties or representations as
to the Site's accuracy. Hardwood Lumber Agent assumes no liability or
responsibility for any errors or omissions in the content on the Site.
Limitation of Liability:
Hardwood Lumber Agent WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF
BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY
EXCEPT AS EXPRESSLY PROVIDED HEREIN. Hardwood Lumber Agent WILL NOT BE LIABLE FOR
PRODUCTS OR SERVICES NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA
OR SOFTWARE. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE
PURCHASE OF PRODUCTS OR SERVICES, Hardwood Lumber Agent IS NOT LIABLE OR RESPONSIBLE FOR
ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE
PURCHASE(S) UNDER THIS AGREEMENT.
Arbitration:
ANY
CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER
PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL
TORT AND EQUITABLE CLAIMS) arising from or relating to this Sale Agreement, its
interpretation, or the breach, termination or validity thereof, the
relationships which result from this Sale Agreement (including, to the full
extent permitted by applicable law, relationships with third parties who are not
signatories to this Sale Agreement), Hardwood Lumber Agent's advertising, or any related
purchase SHALL BE RESOLVED EXCLUSIVELY & FINALLY BY BINDING ARBITRATION
ADMINISTERED BY THE NATIONAL ARBITRATION FORUM (NAF) under the Code of Procedure
of ARBITRATION-FORUM.COM (the "Code") in effect at the time the claim is
filed. The Code is available at http://www.arbitration-forum.com or can be
obtained by calling 1-800-753-9448. Notwithstanding any choice of law
provision included in this Sale Agreement, this arbitration agreement is subject
to the Federal Arbitration Act (9 U.S.C. §§ 1-16) & the New York
Convention on the Enforcement of Arbitration Awards (9 U.S.C. §§ 201-208 or as
codified in the jurisdiction where enforcement of the award is sought).
Hearings shall be held as provided by the Code & if any In-person
Hearing is required, it shall be held in Mars, PA. Judgment on the
award rendered by the arbitrator(s) may be entered by any court having
jurisdiction. Each party shall bear its own cost of any legal
representation, discovery, or research required to complete arbitration.
Orders; Payment Terms; Interest;
Taxes:
Orders are not binding upon
Hardwood Lumber Agent until accepted by Hardwood Lumber Agent. Terms of payment are within
Hardwood Lumber Agent's sole discretion. Invoices are due & payable
within the time period noted on the invoice, measured from the date of the
invoice. Hardwood Lumber Agent may invoice parts of an order separately.
Customer agrees to pay interest on all past-due sums at the highest rate allowed
by law. The Customer is responsible for sales & all other taxes
associated with the order.
Freight Policy:
Shipping & handling charges on all orders vary;
contact your Hardwood Lumber Agent account manager for our most current &
competitive rates, options & shipping specials. For the
Customer's protection, we ship only to the verified billing address of the
Customer's credit card. In some circumstances, international shipping may
be available. Call for details.
Return Policy:
The following refund policy applies to all products except
those stating their own refund policy with the product
description:
- Hardwood Lumber Agent offers a 14 days return
policy on selected items based on manufacturer return policies. For
further information not listed, please contact your Hardwood Lumber Agent account
manager.
- Please call 724 625-2224 or e-mail our Returns
Department at sales@marslumber.com to obtain a Return Merchandise Authorization (RMA)
number before shipping your product. NO returns of any type will be
accepted without an RMA number. For faster service, please have the
following information on hand when calling for an RMA number: customer name,
invoice number, serial number & nature of the problem.
- All products returned MUST: be 100% complete,
contain ALL original boxes & packing materials, have original UPC
codes on the manufacturer boxes, contain all manuals, blank warranty
cards & other accessories & documentation provided by the
manufacturer.
- You are responsible for shipping charges on
returned items; Hardwood Lumber Agent will match your shipping method on your
replacement or exchange item(s).
- Hardwood Lumber Agent strongly recommends you fully insure
your return shipment in case it is lost or damaged & you use a
carrier that can provide you with proof of delivery for your protection.
- If merchandise arrives damaged: it is best to
REFUSE it back to the carrier attempting delivery. If you accept the
package make sure it is noted on the carrier's delivery record in order for
Hardwood Lumber Agent to file a damage claim. Save the merchandise AND the
original box & packing it arrived in, notify Hardwood Lumber Agent
immediately to arrange for a carrier inspection & a pick up of
damaged merchandise. If you do not notify Hardwood Lumber Agent of damaged goods
within the first 15 days of arrival, our regular return policy will override
any claim of damage, and will fall under all current manufacturer
restrictions. Call 724 625-2224 or your Hardwood Lumber Agent account manager to
arrange for carrier inspection and a pick up of damaged merchandise.
- DEFECTIVE returns can be returned directly to
Hardwood Lumber Agent within 14 days from the invoice date, at
Hardwood Lumber Agent's discretion for: credit, replacement, exchange or repair.
- Manufacturer restrictions do apply & are
outlined in our detailed policy. Any item that is missing the UPC can
ONLY be replaced with the same item. After 14 days, all
manufacturers' warranties apply.
- NON-DEFECTIVE returns can be accepted directly by
Hardwood Lumber Agent within 14 days from the invoice date, at
Hardwood Lumber Agent's discretion for: credit, exchange. All
NON-DEFECTIVE returns are subject to a 0 percent restocking fee.
- Due to manufacturers' policies, Hardwood Lumber Agent
cannot accept returns of the following items for exchange, replacement or
credit FOR ANY REASON: (Hardwood Lumber Agent exceptions). DEFECTIVE
merchandise can be returned for REPAIR ONLY to: Hardwood Lumber Agent, the
manufacturer direct or any authorized service center in your area.
Additional manufacturers may be added to this list as: manufacturer
policies change, manufacturer goes out of business or in the case of specially
ordered items.
Hardwood Lumber Agent reserves the right to authorize product
returns beyond 14 days from the invoice date.
Original
shipping charges are refunded on returned items. Customers
are responsible for all shipping charges back to Hardwood Lumber Agent on returned
items, and Hardwood Lumber Agent will pay the shipping charges on the replacement or
exchange item(s) going back.
Check payment policy:
Hardwood Lumber Agent will accept a cashiers check or money
order. No personal checks please.
Credit Cards:
Credit card charges are processed online after ordering the
products and/or services. Time of shipment is less than one week.
Hardwood Lumber Agent does not apply any surcharge for credit cards.
