Terms of Sale

TERMS OF SALE

All orders, sales contracts, or shipments will be accepted and executed by Kelseyville Lumber & Supply with the following TERMS and CONDITIONS:

1. TERMS: ALL BILLS ARE DUE AND PAYABLE IN FULL ON THE 10TH OF MONTH FOLLOWING DATE OF PURCHASE AND PAST DUE BY THE END OF THE MONTH. (DELINQUENT ACCOUNTS WILL BE CLOSED.) Past due accounts are subject to a FINANCE CHARGE which is computed by a “PERIODIC RATE” of 1 ½% per month (OR A MINIMUM CHARGE OF $1.00) which is an ANNUAL PERCENTAGE RATE OF 18%. The buyer agrees that any FINANCE CHARGE computed will become part of his financial obligation to seller. If any account is referred to an attorney for collection, said account would be subject to a reasonable collection fee or attorney’s fee, cost and FINANCE CHARGE as set forth above.

2. Delay in or failure to make deliveries (total or partial) due in whole or part to strikes, lockouts, labor troubles, fires, severe or unforeseen weather, windstorms, floods, acts of God, inability to secure cars, traffic, accidents, mechanical failure and or any other causes beyond our control will not constitute a default.

3. Shipments shall be inspected upon receipt and if any errors or irregularities exist, they must be reported to us in writing before using the merchandise and within 24 hours of receipt of goods, otherwise no claims or adjustments of any kind will be recognized. We assume no responsibility in the use of the merchandise shipped and when placed in work constitutes acceptance by the customer. Shortages must be indicated on the driver’s “Sign and return” copy.
a. Delivery is made curbside. Kelseyville Lumber is not responsible for broken sidewalks, curbs, walks, etc., when Purchaser request delivery to the premises. Purchaser assumes responsibility for all damage which results from such delivery.
b. Purchaser agrees to have supervisory or knowledgeable personnel at job site or delivery location to accept the load. In the event the materials delivered on schedule and left unattended, rolled off, etc., Purchaser assumes risk of loss or shortage that may occur after delivery. It is the Purchaser’s receiving agent responsibility to inspect and verify all delivered materials prior to offload from truck. If any damage or defects are detected, Purchaser should refuse delivery.

4. Stock items in good saleable condition may be returned and will be credited according to grade after deduction of sales tax, expense of reloading and cartage and a minimum ten percent yard handling charge. No credit can be allowed for special or detailed millwork. NO RETURN OF SPECIAL ORDER ITEMS. All items to be returned, must be returned within 30 days of delivery and must be accompanied by original sales slip.
a. Special orders will be charged to Buyer’s account in the same month item(s) are received by Seller.
b. Yard purchases must be returned to yard prior to processing. No “Cut” or “milled” material acceptable for refund.

5. Any adjustment for defective material shall be made on a basis of replacement of the material and no other basis.

6. The Purchaser is responsible for adequate access to delivery location and assumes liability for damage to property or equipment when trucks are required to leave highways or accepted streets.

7. ALL C.O.D’S (Cash on Delivery order) must be paid in full prior to or at time of delivery.

8. If balance due for this is not paid in full for labor, service, equipment or material furnished, the improved property may by subject to Mechanic’s Lien. Purchaser is urged to visit California Contractors State License Board website at http://www.cslb.ca.gov/About_Us/Library/Guides_And_Publications/ to review guidelines concerning how Purchaser can protect themselves from mechanic’s liens and what Purchaser should do if they are an owner/builder improving real property in the State of California.

9. Customer agrees to pay a restocking charge on all returned items of ten percent (10%) unless returned material was damaged or defective upon receipt by customer.

10. Check writing policy: Check writing requires an account and pre-authorization; up to 5 day waiting period could apply.

11. Purchaser is responsible to read all owner/user manuals supplied by manufacturer for product, either in the package or on the manufacturer’s website before operating or using product purchased. Purchaser is solely responsible for installation, operation and use in compliance with manufacturer instructions.

12. Manufacturers may alter their labels or actual packaging and materials may contain different information than that shown on their website, thus we cannot guarantee or ensure the accuracy, completeness or timeliness of any product information. We recommend that you do not solely rely on the information presented and that you always read labels, warnings & directions before using a product. For additional information about a product please contact the manufacturer. Kelseyville Lumber assumes no liability for inaccuracies or misstatements about products.

13. Purchaser understands any general information provided by Kelseyville Lumber for a product is not meant as a substitute for product specifications and Purchaser is responsible to follow pertinent manufacturer guidelines.

14. Kelseyville Lumber will replace product or material under manufacturer’s warranty if within warranty time frame and product or material is not subject to be returned to manufacturer directly. The foregoing warranty shall not apply to any product or material which has been:
a. Used or operated in a manner inconsistent with the use intended by manufacturer.
b. Modified or repaired by anyone other than an authorized representative in a manner in which adversely affects its operation or reliability.
c. Damaged because of accident, neglect or misuse by Purchaser, failure to surge or electric power, air conditioning or humidity control, transportation or other causes other than ordinary use.

15. Product and material warranties apply only to original Purchaser and original receipt must be provided.

16. WATER HEATERS – For Water Heater troubleshooting, call Reliance Water Heater Company’s Tech support at (800)365-4054. Tech support is available Monday through Friday from 7:00 am to 7:00 m, and Saturday from 8:00 am to 5:00 pm. Provide model #, unit serial # and your support needs. Reliance Water Heater service website can be found: www.reliancewaterheaters.com/resources/warranty

17. CALIFORNIA PROPOSITION 65 WARNING – Many products sold may contain chemicals, drilling, sawing, sanding or machining wood products can expose you to wood dust, a substance known to the State of California to cause cancer, avoid inhaling wood dust or use a dust mask or other safeguards for personal protection as disclosed in the Safe Drinking Water & Toxic Enforcement Act of 1986. The warning informs Californians about their exposure to chemicals that cause cancer, birth defects or other reproductive harm.. For details and information, please see www.p65warnings.ca.gov .

18. Merchandise sold “AS-IS” or “No-Return” will not be accepted for return.

19. Customer’s own purchase order terms and conditions do not override Kelseyville Lumber Terms of Sale.

20. You agree that Kelseyville Lumber may change the Terms of Sale any time and without notice to Purchaser