Standard Terms and Conditions of Sales
1. Payment terms: 50% deposit required when order is placed. Remaining balance due prior to shipping. Payment by check or wire transfer is preferred.
2. Lead Time: Quoted lead time begins upon receipt of deposit. Lead times are approximate and vary depending on materials and production schedule. Shipping and availability can affect delivery on our end and subsequently affect delivery on your end.
3. Taxes and Fees: Wood Haven, Inc.’s invoices include federal, state, local taxes, and fees applicable to this state. Any taxes or fees subsequently determined to be applicable not included on Wood Haven, Inc.’s invoice will be billed to the Customer at a later date. By signing this agreement, the customer agrees to pay these charges in full.
4. Finance and Collection Charges: All accounts 30 or more days past due shall be charged a finance charge of 1.5% per month (18% per year). If it becomes necessary to place any account in the hands of an attorney for collection purposes, all costs, expenses, and fees will be the responsibility of the customer. Material left at Wood Haven, Inc. for more than 30 days after it is complete and ready to ship will be subject to a storage fee of 1% per month. Property left at Wood Haven, Inc. for more than one year, regardless of payment status, will become the sole property of Wood Haven, Inc.
5. Freight: Customer is responsible for freight charges, which will be assessed when the order is ready to ship. Freight can be paid through Wood Haven, Inc. or directly to the freight carrier. To avoid shipping delays, please provide a 1) signed copy of these terms, 2) shipping address, 3) job site, 4) and contact phone number at the time of deposit.
Most shipments are sent common carrier on a tarped flatbed truck. Drivers are not responsible for unloading the material and therefore you may need a lift on site when the delivery is made.
6. Quotes and Bids: Any quote or bid provided to Customer by Wood Haven, Inc. is based on numbers and measurements provided by the customer. The quantities required for the order are the sole responsibility of the buyer. Measurements calculated or determined by Take-off service by Wood Haven, Inc. are for quotation purposes only and should not be exclusively used to determine the quantity of material needed for the project. Woodhaven, Inc. will provide additional material if needed for additional costs plus freight if your initial order has already shipped.
Disclaimer: Specific measurements or lengths must be stated in the quote and documented on the invoice provided by Wood Haven, Inc. Any quote or invoice that does not specify lengths is assumed to be random length material. Wood Haven, Inc. is responsible only for shortages/overages of the amount listed on the invoice issued by Wood Haven, Inc.
7. Finishing: Wood Haven, Inc. offers a finishing option. This refers to two coats of Seal Once finish applied in the factory. Any warranties on finish are from the Manufacturer of the product, Wood Haven, Inc. is not responsible for finish product warranties.
8. Installation: Installation instructions are available in hard copy from Wood Haven, Inc. or located at http://www.rainscreenclip.com. There is also a video on YouTube, “Installing the rainscreen clip system from Woodhaven” at https://www.youtube.com/watch?v=as0NQrcMbD4&noredirect=1 . In addition, Wood Haven, Inc. is available to address questions regarding proper installation. Wood Haven, Inc. is not responsible for warranty issues due to incorrect installation.
9. Shortages and Damages: Customer is responsible for affirming quantities and condition of materials received upon delivery. Packing list must be checked by Customer. Shortages and/or damages must be brought to the attention of Wood Haven, Inc. within two business days, and presented in writing within five business days. Wood Haven, Inc. will not honor any claim which has not been presented in writing to Wood Haven, Inc., such notice being a condition precedent to any warranty claim. Wood Haven, Inc. is not responsible for shortages due to improper use and/or cutting down of materials sent. Any damages that occur on site are not the responsibility of Wood Haven, Inc.
10. Express Warranties: Wood Haven, Inc. warrants that lumber, siding, decking, and milled lumber provided by Wood Haven, Inc. will be dried to a moisture content range that suits the application or a moisture content range specified by the customer. Wood Haven, Inc. is not responsible for lumber, siding, decking, or milled lumber supplied by any other dealer or source, even if it is to be used in conjunction with other products provided by Wood Haven, Inc.
Wood, a product of nature, assimilates the moisture content of its environment and may swell, shrink, and otherwise change shape as moisture content conditions change. Wood Haven, Inc. excludes from this express warranty swelling, shrinking, cupping, splitting, and shakes that result from abuse. Abuse includes, but is not limited to, exposure to excessive sunlight or moisture which results in: swelling, shrinking, cupping, splitting, and shake. Material, interior and exterior, must be stored 6 inches above ground, kept dry, and remain covered until installation. Except as may otherwise be specified in this paragraph, Wood Haven, Inc. makes no warranties, either express or implied, whether in tort, contract, by statute, or otherwise; and particularly makes no warranty of merchantability or fitness for any particular purpose whatsoever in regard to any product sold by Wood Haven, Inc.
Wood Haven, Inc. does provide a limited warranty on The Rainscreen Clip and The Deck Clip. This warranty applies expressly to properly installed hardware and does not extend to other aspects of the system, only the clip itself.
11. Exclusive Remedy: Wood Haven, Inc. will examine claims on a case by case basis. At the time that any product sold by Wood Haven, Inc. is determined by Wood Haven, Inc. to be defective, Wood Haven, Inc. may, at Wood Haven, Inc.’s option, either replace the defective product or portion of product. Under either option, the full measure of Wood Haven, Inc.’s liability shall be the purchase price paid to Wood Haven, Inc. for such product or portion of product. The Customer’s sole and exclusive remedy hereunder is expressly limited to the replacement of defective products or portions of products as specified above. Any claims for other loss or damage of any type, including, without limitation: loss of profits or revenues, down time, demurrage, detention, labor costs, repair costs, installation of replacement material, inconvenience, cost of rental or replacement equipment, failure of equipment to operate for any period of time, other economic or commercial loss, or direct, immediate, special, incidental, indirect or consequential damages, are expressly excluded.
12. Cancellations: No cancellation is acceptable unless terms and conditions are agreed upon in writing by Wood Haven, Inc. and Customer.
13. Title/Risk of Loss: Unless otherwise agreed on the face of this Purchase Agreement, title and risk of loss shall pass to Customer FOB Wood Haven, Inc., 401 Bridge St., Perry, Kansas or point of origin if material brokered from separate location.
14. Entire Agreement: The above terms, together with those set forth on the face of the Invoice or Sales Confirmation and the Open End irrespective of any additional or different terms contained on any purchase order or order form sent to Wood Haven, Inc.
Any changes or amendments to the standard terms and conditions, as stated above, must be submitted in writing and signed by a representative of Wood Haven, Inc. and the Customer. Verbal agreements will not be honored.
The following agree to the terms and conditions stated above:
______________________________________, Customer Date: _________________