Jones Lumber Company, Inc. Terms & Conditions of Sale
- Acceptance of your order by Jones Lumber Company, Inc. (“JL”) is subject to the terms and conditions herein. Acceptance of your order is expressly conditioned on consent by you to any terms and conditions herein which are additional to or different from the terms or conditions of your order. Your consent is evidenced by taking possession by you or by an agent of yours of the products sold hereunder although evidence of your consent is not limited to the foregoing method. Any different or additional terms or conditions in any proposed order or any other document is hereby objected to and superseded by these terms and conditions.
- All accounts are due and payable at Lynwood, California 30 days after date of invoice and thereafter are past due. JL shall have the right to charge and you shall pay a late payment of 1 ½ % per month or the highest rate permitted by law. Buyer shall pay collection costs of overdue accounts including reasonable attorney’s fees.
- Subject to our approval, and excluding special order and/or milled items, purchased material in good saleable condition may be returnable for credit. All requests for returns must be made within 30 days of receipt of material and must be accompanied by the receiver. Accepted returns are subject to expense for reloading and cartage, as applicable, and a minimum 15% return charge to cover restocking.
- Any and all claims made by Buyer with respect to errors in quantity or quality of material or on any other matters, must be made within five (5) working days from the date of receipt. Except for a refund for credit not to exceed the purchase price of the subject goods, JL has no other liability to Buyer, for a breach hereof. JL HAS MADE NO WARRANTY OF MERCHANTABILITY AND NO WARRANTY OF FITNESS FOR ANY PARTICULAR PURPOSE AND THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, WHICH EXTEND BEYOND THE DESCRIPTION OF THE GOODS SET FORTH ON THIS RECIEVER. Any express warranty beyond those set forth in this paragraph shall be valid only if given in a writing signed by JL.
- JL Delivers to curb only and trucks cross curbs and sidewalks at Buyer’s risk. Buyer takes full responsibility for any damage to the driveway located at the job address of the order. Buyer will hold harmless and indemnify Jones Lumber Company against any losses, liabilities, and claims arising out of or relating to deliveries across curbs or sidewalks. Risk of loss or damage shall be upon Buyer after delivery to the carrier, except where delivery is made in JL’s vehicles. Charges for delivery by JL vehicles are taxable by state law.
- Buyer agrees to hold harmless JL from all liability based upon negligence and/or strict liability claims in connection with the sale, and the use of the product sold. JL shall not be liable for delay caused by defects, for loss of use, for indirect, special or consequential damages, or for any charges or expenses of any nature incurred without its prior written consent.
- In the event that any provision hereof shall be deemed invalid, unlawful or illegal, then such invalidity, illegality or unlawfulness shall not affect any other provision hereof. JL makes no promise or representation that its product will conform to any federal, state or local laws, ordinances, regulations, codes or standards except as particularly specified and agreed upon in writing as a part of the contract between Buyer and JL. The JL prices do not include the cost of any related inspections or permits or inspection fees.
- Shipping dates given by JL are approximate and are based on prompt receipt of all necessary information regarding the order. JL will use its best efforts to meet the scheduled date, but cannot be held responsible for its failure to do so for causes beyond its reasonable control and, in no event shall it be liable to any loss or damage resulting from its failure to deliver.
- Shipments are F.O.B. point of shipment. Freight will be prepaid and billed as a separate item on the product invoice on the basis of the charge listed by the company applying to shipment from the point of manufacture to the destination.
- With the exception of a flatbed truck designed for forklift access, JL does not load vehicles with a forklift. If forklift loading is requested by Buyer or Buyer’s Agent, Buyer accepts the responsibility and releases JL, its employees, officers and associates from any liability, costs or legal actions as the result of damages sustained from forklift loading.
- JL has no long term storage for milled material. Buyer must take possession of milled material within five (5) working days of the completion date specified on the Sales Order. After five (5) working days, milled material shall be subject to liquidation and Buyer shall be responsible for the sale price regardless of physical possession.