TERMS AND CONDITIONS OF SALE
MOORE LUMBER & HARDWARE, INC.
GREATWOOD LUMBER AND HARDWARE, LLC DBA MOORE LUMBER & HARDWARE BENNETT
NOTICE: Claims for shortage will not be allowed unless made at time of delivery.
ALL ORDERS are subject to acceptance dependent upon availability of material.
ALL ORDERS are accepted subject to prices in effect at time of shipment.
ALL PRICES are subject to change without notice.
TERMS OF SALE: Net 10th E.O.M. (End Of Month) following purchase. Any discounts given will be disallowed if not paid by the 10th of month following sale. Payment on account must be by cash or check only. Debit cards or credit cards are accepted as payment only if the customer agrees to pay 2% surcharge.
SERVICE CHARGE & COLLECTION CHARGE: In the event said indebtedness is not paid when due, the undersigned agrees a service charge of 2% per month (24% PER ANNUM) may be charged on all past due invoices. A collection charge will be applied to the face amount of any check returned by Buyer’s Bank of insufficient funds or similar reasons. In the event Buyer’s account is placed with an agency and/or attorneys for collection, Buyer agrees to pay all collection costs, including attorney’s fees, court costs, in addition to the account balance past due. It is also agreed that the minimum service charge of $1.00 per month will apply to each delinquent account or sub-account.
RETURNED GOODS POLICY – STOCK MATERIALS ONLY: Merchandise will be accepted when returned in good condition within 30 days of shipment, provided that authorization has been obtained. Credit will be allowed at invoiced prices LESS A RESTOCKING CHARGE OF UP TO 100%. Carton packed items cannot be accepted unless returned in original sealed carton. Units set up in the shop cannot be returned for credit.
RETURNED GOODS POLICY – NONSTOCK MATERIALS: Merchandise will be accepted when returned in good condition within 30 days of shipment, provided that prior authorization has been obtained and Moore Lumber & Hardware’s supplier agrees to accept the product for credit return. Credit will be allowed at invoiced prices LESS A RESTOCKING CHARGE OF AT LEAST 20%. Carton packed items cannot be accepted unless returned in original sealed carton. Units set up in the shop cannot be returned for credit.
WARRANTIES: NO EXPRESS WARRANTIES are given and NO IMPLIED WARRANTIES SHALL APPLY, including without limitation any implied warranties of MERCHANTABILITY and /or FITNESS FOR A PARTICULAR PURPOSE. This shall not affect any express product warranties that are extended directly by product manufacturers.
LIABILITY: Buyers sole and exclusive remedy and the sole liability of MOORE LUMBER & HARDWARE, INC. for defective merchandise shall be the return of goods for replacement or credit in accordance with the above stated RETURNED GOODS POLICY.
CHECKS: No receipt, acceptance or collection by MOORE LUMBER & HARDWARE, INC., or its agent of any instrument or payment of a lesser amount than is then due and owing on Buyer’s account shall be deemed other than on account of the earliest dated invoices on the account or any sub-accounts, nor shall any restrictive endorsement or statement on any instrument or remittance from Buyer be deemed an accord and satisfaction without the express written consent of MOORE LUMBER & HARDWARE, INC. and MOORE LUMBER & HARDWARE, INC., may accept any such instrument or other form of remittance as partial payment without prejudice to its right to recover the entire unpaid balance due on Buyer’s account or pursue any other rights or remedies available to it at law or inequity.
CREDIT CARD PAYMENTS: Payments made on account by the use of a credit card shall not be accepted without payment of an additional service charge in effect at time of payment. It is agreed that the minimum service charge shall be 2%.
GOVERNING LAW: MOORE LUMBER & HARDWARE, INC., is a Colorado Corporation, and GREATWOOD LUMBER & HARDWARE, LLC, is a Limited Liability Company and Colorado Law shall apply to all sales by both entities. MOORE LUMBER & HARDWARE, INC. Customer hereby agrees to submit to jurisdiction of the Courts of the State of Colorado, County of Park, for the foregoing purposes.
CHANGES: No additional terms or modification or waiver of any of the terms and conditions hereof shall be effective against MOORE LUMBER & HARDWARE, INC., unless approved in writing and signed by an authorized officer of MOORE LUMBER & HARDWARE, INC.