Acceptance of your order by Jones Wholesale Lumber. (“JWL”) 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 Any different or additional terms or conditions in any proposed order or any other document is hereby objected to and superseded by these terms and conditions.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. JWL shall have the right to charge and you shall pay a late payment of 1 ˝ % 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 this 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, JWL has no other liability to Buyer, for a breach hereof. JWL 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 JWL.
JWL Delivers to curb only and trucks cross curbs and sidewalks at Buyer’s risk. Risk of loss or damage shall be upon Buyer after delivery to the carrier, except where delivery is made in JWL’s vehicles. Charges for delivery by JWL vehicles are taxable by state law.
Buyer agrees to hold harmless JWL from all liability based upon negligence and/or strict liability claims in connection with the sale, and the use of the product sold. JWL 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. JWL 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 JWL. The JWL prices do not include the cost of any related inspections or permits or inspection fees.
Shipping dates given by JWL are approximate and are based on prompt receipt of all necessary information regarding the order. JWL 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.