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FLORIDA LUMBER'S TERMS AND CONDITIONS

Last Revised: 04/28/2013 R:XUEBRU

  1. The price of all items purchased is indicated on the front of this invoice. Payment in full of the purchase price is a condition precedent for any claims made by customer.
  2. Customer is responsible for verifying orders prior to payment and/or schedule pickups or deliveries. Prices are subject to change without prior notice and must be confirmed at the time orders are placed. Customers are responsible for checking merchandise when received in order to verify the accuracy of the order. No claims, including claims for short delivery, delivery of damaged items or delivery of improper merchandise will be honored unless claim is made within 24 hours of delivery and in no event after installation. All claims must be notified to seller in writing with a copy of the delivery ticket or pickup ticket or invoice. Failure to follow the procedure shall be deemed an acceptance of the merchandise as complying with any and all conditions of sale.
  3. Any merchandise returned for credit is subject to a minimum 20% handling fee. All packaged items must be returned complete with the original packaging. No returns for credit will be accepted ten (10) days after pick up or delivery.
  4. Certain items cannot be returned or exchanged for credit. These include but are not limited to batteries, generators, buckets, ladders, tools, water heaters, electrical devices or equipment, rebar caps, and snap tie wedges.
  5. There are no returns or exchanges for credit on special orders. Customer must verify all details and specifications on all the special orders.
  6. Special orders must be picked up or delivered one week or seven days after notification of availability. After the seven (7) days a storage fee of 20% of the purchase price will be added to the cost of the items not picked up and the seller will not be responsible for any damages to the product stored on the seller’s premises.
  7. Pick up tickets is required to receive all merchandise. The seller has the option to terminate any sales agreement if the buyer does not accept the merchandise within thirty (30) days of the invoice date. If seller fails to pick up merchandise within ninety (90) days of the invoice date, all deposits or payments made may be forfeited at seller’s option.
  8. Seller is not responsible for any costs, fees, fines or any other consequential damages incurred by buyer due to delays in delivery.
  9. Free delivery is conditional (minimum $500.00) but when available, it is ONLY a single time per invoice. Any failures to have someone receive the merchandise or a cancellation of a delivery 24 hours prior to when the delivery is scheduled will void the free delivery and the customer is responsible for picking up the merchandise or paying for the rescheduled delivery (minimum $100.00).
  10. Sales delivery service is considered “curb side delivery.” If seller’s truck has a forklift attached, it is only for the purpose of unloading the delivery merchandise to the ground adjacent to the truck. Seller will not deliver on unpaved roads.
  11. All reinforcing steel bars (hereinafter rebar) are sold by weight. The weight is calculated using the ordered length rounded up to the nearest foot. All rebar sold is Grade 60. There are no returns or credits on rebar.
  12. Rebar is sold as either domestic or imported. Providing a particular type of rebar is subject to additional charges.
  13. There is no selecting of lumber. Lumber will vary in appearance as it is not a man-made product. No returns or credits on tongue and groove lumber.
  14. Pressure treated lumber needs to be handled with care. Please ask for the site and handling precautions information sheets.
  15. All purchasers and contractors should check with their project engineer concerning any construction related project including, but not limited, to the proper usage of pressure treated and fire treated material.
  16. All doors should be painted or varnished on all SIX sides as soon as they are fitted and hung.
  17. Exterior pre-hung doors are ONLY approved for some specific applications. All customers are responsible for checking with their local municipalities and/or project engineer for suitability and product approval. Some requirements may include, but not limited to, using specific thresholds (to prevent water infiltration), adding surface bolts, and using shutters.
  18. Please note that Impact Glass is a type of glass that under strong impacts will crack but the fragments will adhere to an interlayer, so the shards remain within the frame and prevent the intrusion of the projectile (within manufacturer specifications).
  19. The labels on the hinge side of exterior doors may be required to pass an inspection, therefore, DO NOT remove or paint over such labels. Florida Lumber is not responsible for replacing labels that have been removed or painted over. If label is missing from the door, please report this immediately to Florida Lumber and no missing labels claim will be permitted after 48 hours.
  20. NOTICE: DEPENDING UPON THEIR USE AND APPLICATION, BUILDING PRODUCTS OR MATERIALS SOLD AT THIS STORE MAY NOT BE IN COMPLIANCE WITH THE MINIMUM REQUIREMENTS OF THE SOUTH FLORIDA BUILDING CODE. INQUIRE ABOUT BUILDING PRODUCTS AND MATERIALS THAT ARE SOLD WHICH MEET THE REQUIREMENTS OF THE SOUTH FLORIDA BUILDING CODE. THE USE OF BUILDING PRODUCTS AND MATERIALS NOT APPROVED MAY RESULT IN NON CONFORMING CONSTRUCTION AND BE SUBJECTED TO PENALTIES.
  21. Seller grants only a limited warranty with respect to any equipment, machinery, goods, and merchandise sold that is not manufactured by the seller. The seller warranty obligation shall not exceed the manufacturer’s warranty and is limited to the terms of the manufacturer’s warranty. Seller makes no independent warranty with respect to machinery, goods and merchandise not manufactured by the seller. THE FOREGOING WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER EXPRESSED AND IMPLIED WARRANTIES WHATSOEVER INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE (except warranties of title). All warranties are void if purchaser alters or modifies any equipment, machinery, goods, or merchandise in any way from the original manufactured state. Under no circumstances shall seller be responsible for personal injury attributed to products sold.
  22. No contract is valid unless signed for approval by a company officer.
  23. In the event sale is made on credit basis and purchaser fails to pay within the credit terms, purchaser agrees to pay all costs of collection and all reasonable attorney fees (whether or not suit is brought). Purchaser waives the right to trial by jury of any dispute.
  24. Products are sold using nominal descriptions and values. The use of nominal values includes, but is not limited to, lumber products.

This agreement and all terms of sale are governed by the law of the State of Florida.

Florida Lumber Co.
Phone: (305) 635-6412
Sales Fax: (305) 633-4054
E-mail: floridalumber@aol.com