TERMS AND CONDITIONS OF SALE
BUYER AND SELLER (BOURGET BROS. BUILDING MATERIALS OR BOURGET FLAGSTONE COMPANY) AGREE THAT THE FOLLOWING TERMS AND CONDITIONS SHALL GOVERN THE SALE OF GOODS AND MATERIALS.
PAYMENT TERMS ALL SALES ARE CASH, UNLESS ARRANGEMENTS FOR CREDIT HAVE BEEN PREVIOUSLY MADE AND APPROVED. ALL OPEN ACCOUNTS ARE DUE AND PAYABLE ON THE 10TH OF THE MONTH. ACCOUNTS NOT PAID IN FULL BY THE 15TH OF THE MONTH ARE CONSIDERED DELINQUENT. ANY PAST DUE ACCOUNTS ARE SUBJECT TO A FINANCE CHARGE OF 1-1/2% PER MONTH (MINIMUM $12.50). SHOULD PAYMENT NOT BE MADE IN ACCORDANCE WITH THE INVOICE TERMS, SELLER MAY APPLY LIQUIDATED DAMAGE CHARGES TO ALL UNPAID AMOUNTS AT THE HIGHEST LEGAL ANNUAL INTEREST RATE, CANCEL ALL PENDING ORDERS PLACED BY BUYER, TERMINATE BUYER’S CREDIT PRIVILEGES, DISCONTINUE SHIPPING ANY JOBS IN PROGRESS AND DEMAND PAYMENT IN FULL OF ANY PAST DUE AMOUNT PRIOR TO FUTURE SALES. FAILURE TO PAY BEFORE DATE OF DELINQUENCY SHALL ALLOW SELLER TO CHARGE ALL COSTS OF COLLECTION INCLUDING REASONABLE ATTORNEY FEES, WHETHER OR NOT SUIT IS INSTITUTED. BUYER REPRESENTS AND WARRANTS THAT IT IS PRESENTLY SOLVENT AND DOES NOT REASONABLY ANTICIPATE FILING FOR PROTECTION UNDER THE UNITED STATES BANKRUPTCY LAWS OR MAKING AN ASSIGNMENT FOR THE BENEFIT OF CREDITORS. BUYER’S CONTINUED SOLVENCY AND GOOD CREDIT STANDING ARE CONDITIONS FOR SELLER’S PERFORMANCE UNDER THIS AGREEMENT.
TAXES ALL STATE, FEDERAL AND LOCAL TAXES ARE THE RESPONSIBILITY OF BUYER. IF MATERIAL IS FOR RESALE, A CURRENT RESALE CARD OR EXEMPTION CERTIFICATE MUST BE ON FILE AT THE TIME OF SALE. NO CREDIT FOR TAX WILL BE ISSUED AFTER THE SALE.
DEPOSITS AND SALE OF GOODS ON ORDER PURCHASE OF GOODS ON ORDER ARE FINAL AND DEPOSITS FOR SUCH GOODS ARE NON-REFUNDABLE. IF BUYER FAILS TO TAKE DELIVERY OF THE GOODS WITHIN SIXTY DAYS FROM NOTIFICATION OF ARRIVAL, SELLER MAY SELL ALL OR PART OF THE GOODS.
RETURN POLICY UNLESS OTHERWISE STATED IN WRITING ON THE INVOICE, GOODS ARE NOT RETURNABLE. ABSOLUTELY NO RETURNS ON BUILDING STONE, SPECIAL ORDERS, BRICK, TILE OR FABRICATED ORDERS. BUYER SHALL PAY SELLER A RESTOCKING CHARGE FOR ANY GOODS WHICH SELLER MAY, AT IT’S DISCRETION, ACCEPT FOR RETURN. NO RETURNS WILL BE CONSIDERED AFTER THIRTY (30) DAYS FROM DATE OF INVOICE. AN INVOICE SHOWING THE ORIGINAL PURCHASE MUST ACCOMPANY ALL RETURNS. BUYER SHALL PAY ALL TRANSPORTATION COSTS AND DELIVERY CHARGES FOR ANY GOODS, WHICH ARE APPROVED FOR RETURN.
RETURN CHARGES ALL RETURNS ARE SUBJECT TO SELLER’S APPROVAL. ONLY SALEABLE MATERIALS MAY BE RETURNED FOR CREDIT. A RESTOCKING CHARGE OF 10% TO 50% WILL BE ASSESSED TO MATERIALS DEEMED RETURNABLE. ALL MATERIAL RETURNED BY SELLER’S TRUCKS MUST BE ON PALLETS. SELLER WILL NOT PICK UP PALLETS THAT CANNOT BE SAFELY LOADED AND TRANSPORTED. BUYER WILL BE CHARGED FOR DUMPING ALL UNSATISFACTORY MATERIALS. THE ESTIMATED AVERAGE DUMPING CHARGE APPLIED WILL BE $50.00 PER TON.
DELIVERIES SELLER SHALL NOT BE LIABLE FOR ANY DELAYS OR DEFAULTS IN MAKING DELIVERY WHERE OCCASIONED BY ANY CAUSE OF ANY KIND OR EXTEND BEYOND ITS CONTROL (WE DO NOT GUARANTEE A.M., P.M., OR EXACT TIME OF DELIVERY.) SELLER WILL MAKE DELIVERY INSIDE OF CURB OR PROPERTY LINE AT THE SOLE RISK OF OWNER OR CONTRACTOR REQUESTING SUCH SERVICE. ALL DELIVERY CHARGES ARE EXTRA. THERE IS NO SUCH THING AS A FREE DELIVERY. UNLESS STATED OTHERWISE AT THE TIME OF DELIVERY, ALL GOODS ARE ACCEPTED IN GOOD CONDITION AND OF THE PROPER QUANTITY AND QUALITY. BUYER ACCEPTS ALL RISK TO GOODS DELIVERED TO A LOCATION WITHOUT AN AUTHORIZED PERSON ON-SITE TO INSPECT AND SIGN FOR GOODS.
WILL CALL SELLER WILL NOT ASSUME RESPONSIBILITY FOR MATERIALS NOT PICKED UP WITHIN 30 DAYS. A STORAGE FEE WILL APPLY IF OVER 30 DAYS.
TITLE OF MERCHANDISE TITLE TO THE GOODS SHALL REMAIN IN THE SELLER’S NAME UNTIL THE FULL PURCHASE PRICE IS PAID BY THE BUYER. IF BUYER PAYS BY CHECK, THE SELLER RETAINS TITLE UNTIL THE CHECK IS FINALLY PAID. THE MAKING OF EACH PAYMENT WHEN IT FALLS DUE IS THE ESSENCE OF THIS AGREEMENT AND IN CASE OF FAILURE TO DO SO, OR IN CASE BUYER FAILURE TO MAKE ANY OTHER PAYMENT DUE TO SELLER THEN, IN ADDITION TO ANY OTHER REMEDIES IT MAY HAVE, SELLER MAY, AT ITS ELECTION, CANCEL THIS CONTRACT AND DECLARE DUE THE ENTIRE AMOUNT UNPAID. THE ACCEPTANCE OF ANY PAYMENT BY SELLER AFTER THE DUE DATE IS NOT A WAIVER OF THIS RIGHT. BUYER’S USE OF INSTALLATIONS OF THE GOODS CONSTITUTES UNCONDITIONAL ACCEPTANCE OF THE GOODS AS CONFORMING TO THE DESCRIPTION APPEARING ON THE INVOICE.
CLAIMS ANY QUESTIONS REGARDING ACCEPTABILITY OF ANY OF THE GOODS MUST BE RESOLVED PRIOR TO THE BUYER’S USER OF THE SAME. ANY GOODS CLAIMED TO BE DEFECTIVE MUST BE HELD FOR INSPECTION BY SELLER AND/OR IT’S AGENT. NO CLAIM OR CREDIT WILL BE CONSIDERED FOR GOODS THAT HAVE BEEN DISPOSED OF OR DESTROYED PRIOR TO INSPECTION AND WRITTEN AUTHORIZATION FROM SELLER LIMITS ITS LIABILITIES TO THE FOLLOWING, AT ITS OPTION: A) CREDIT OF PURCHASE PRICE ATTRIBUTE TO RETURNED GOODS PROVED TO BE NONCONFORMING; OR B) REPLACEMENT OF NONCONFORMING GOODS. THIS REMEDY IS EXCLUSIVE AND EXCLUDES ANY AND ALL CONSEQUENTIAL DAMAGES.
PALLETS NOT ALL PALLETS ARE RETURNABLE. THE SELLER WILL ACCEPT FOR RETURN AND CREDIT ONLY THOSE MARKED DEPOSIT PALLETS THAT SELLER ORIGINALLY CHARGED A DEPOSIT FEE. THERE IS A RETURN FEE OF $2.00 PER PALLET.
WARRANTIES BUYER AGREES THAT THIS PRODUCT IS BEING SOLD WITHOUT ANY EXPRESSED OR IMPLIED WARRANTIES OR REPRESENTATIONS, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE BUYER AGREES THAT THE BUYER, NOT THE SELLER, HAS THE SOLE RESPONSIBILITY TO DETERMINE WHETHER THE GOODS BEING PURCHASED ARE APPROPRIATE FOR THE USE INTENDED BY THE BUYER. THE BUYER HEREBY ACKNOWLEDGES THAT THE GOODS ARE SOLD “AS IS”.
NATURAL STONE STONE IS A PRODUCT OF NATURE. VARIATIONS IN COLOR, HUE, DENSITY AND TEXTURE CAN AND WILL OCCUR FROM PIECE TO PIECE AND WITHIN THE SAME PIECE. MATERIAL WILL ALSO VARY FROM LOAD TO LOAD. IT IS RECOMMENDED TO ORDER ALL THE MATERIALS NEEDED TO COMPLETE THE PROJECT AT ONE TIME.
VARIATIONS VARIATIONS SHALL NOT BE A MEANS TO MAKE A CLAIM FOR DEFECTIVE GOODS. VARIATIONS ARE INHERENT TO ALL PRODUCTS. USE CONSTITUTES ACCEPTANCE. ANY QUESTIONS REGARDING ACCEPTABILITY OF THESE PRODUCTS MUST BE RESOLVED PRIOR TO INSTALLATION. NO ADJUSTMENT WILL BE MADE AFTER INSTALLATION. VARIATIONS IN SIZE, COLOR AND TEXTURE ARE INHERENT IN BRICK, STONE, GROUTS, DOORS, FRAMES AND ALL OTHER AND RELATED BUILDING MATERIALS.
PRICE POLICY ALL PRICES AND DISCOUNTS ARE SUBJECT TO CHANGE WITHOUT NOTICE.
ARBITRATION OF DISPUTES ANY AND ALL DISPUTES BETWEEN BUYER AND SELLER, WHICH ARISE CONCERNING PRODUCT ACCEPTABILITY, DEFECTS, DELIVERY DELAYS OR BACK CHARGES, SHALL BE RESOLVED IN LOS ANGELES COUNTY BY BINDING ARBITRATION BEFORE THE AMERICAN ARBITRATION ASSOCIATION, PURSUANT TO THE THEN CURRENT RULES FOR COMMERCIAL ARBITRATION. JUDGEMENT ON SUCH AWARD MAY BE ENTERED IN THE COURT HAVING JURISDICTION.
TERMS SELLER OBLIGATIONS ARE CONDITIONED ON BUYER’S ACCEPTANCE OF ALL TERMS HEREOF WITH NO VARIANCE OR ADDITION. |