All material is sold in accordance with AWPA Standards of the 2001 edition. There are new CCA guidelines put into effect by the EPA as of January 1, 2004, as well as supplemental guidance, which was issued as of December 31, 2004. It is the “Purchasers” responsibility to use all treated material in accordance with these EPA use guidelines.
Goods and services sold by Decks & Docks Lumber Co. (“Decks”) are subject to the terms and conditions set forth below. In the event the terms and conditions conflict with any other agreement, the following terms shall control. Buyer’s acceptance of shipment/performance and/or payment, constitutes acceptance of the terms and conditions.
Price: All price quotes from Decks are subject to change without notice. Prices do not include the following: present/future sales, use, excise, value-added or similar taxes and, where applicable, such taxes shall be billed separately. Standard shipping is applied to each invoice which covers, the material preparation, packaging, freight and/or additional costs associated. Additional charges for delivery may apply. Buy agrees to pay finance charge/service charge equal to one and one-half percent per month on all amounts which remain unpaid after the due date.
Delivery: All sales are made f.o.b. point of shipment, title to such goods shall pass upon delivery to the carrier at time of shipment, therefore all risk of loss or damage shall be upon Buyer. Delivery dates are estimates, and shall not be deemed to represent fixed or guaranteed dates. The buyer assumes all risk for damage to walkways, pavers, driveways, etc. when asking a Decks and Docks delivery vehicle to place items and materials in a location which would result in the vehicle leaving the road/asphalt surface.
Warranties: Goods sold only hold warranties as extended by the manufacturer of the product. Decks and Docks makes no warranty and any and all implied warranties of merchantability or fitness for a particular use are hereby excluded.
Limitation of Liability: Decks’ liability on any claim for loss/damage/performance, or connected with goods/service shall not exceed the price allocable to such goods or services or part thereof involved in the claim. Decks shall not be liable whether as a result of breach of contract, warranty, tort, or damages.
Material Substitutions: Unless specifically noted on a P.O./S.O. Decks has the right to interchange an equivalent available product in place of the product ordered where the interchangeability of the product is based on form, fit and function.
Cancellation and Returns: Buyer may cancel order by mutual agreement based upon payment to Decks of reasonable and proper cancellation charges. Goods shall not be returned by Buyer without Decks written authorization, and payment of a minimum restocking fee of 20%. There are no returns of special order or made to order items.
Quotes: Quantities on quotes are estimates only, and are best determinations of materials required based on information provided to Decks & Docks Lumber Co. for quotation purposes. Decks & Docks does not guarantee that quantities of materials quoted or ordered will be sufficient for project completion. Quantities and exact material requirements are the sole responsibility of the property owner, and should be confirmed by a licensed contractor. Acceptance of quotes by signature represents agreement to purchase materials contained herein, in full, at the price and quantities quoted. Items not in stock may require a credit card or check pre-payment prior to processing the order. Custom orders may require payment in full prior to processing. Advance payments are nonrefundable.
Attorney Fees: If Decks finds it necessary to retain services of an attorney, Buyer will pay to Decks a reasonable amount for attorney fees.
Indemnity: Buyer agrees to indemnify and/or hold harmless Decks from liability for damages to persons property caused in whole or in part by any act, omission, or default of the Seller arising from this agreement.
Entire Agreement: This contract, embodies the entire agreement between the parties and no other agreement, oral or written, shall be deemed to exist or bind any of the parties.
General: The laws of the United States of America govern these terms and conditions. By accessing this website, you consent to these terms and conditions and to the exclusive jurisdiction of the courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorized representatives of the Company.
Notification of Changes: Decks reserves the right to change these conditions from time to time as it sees fit.