Lumberjack Flooring LLC

TERMS AND CONDITIONS OF SALE

General

1. The sale of products and services (collectively referred to herein as, “Goods”) by Lumberjack Flooring LLC, a Michigan limited liability company, or any of its affiliates (individually and collectively, the “Company”) to the buyer (the “Buyer”), as designated on the purchase order to which these Terms and Conditions of Sale are incorporated by reference (the “Purchase Order”), is subject to Buyer’s acceptance of these Terms and Conditions of Sale (the “Terms and Conditions”), without modification.

2. These Terms and Conditions are the only terms and conditions applicable to the sale of Goods, except for provisions relating to product price, quantity, specifications, delivery schedules and locations as elsewhere agreed to in writing by the parties.
3. Buyer acknowledges and agrees that these Terms and Conditions are incorporated into, and are a part of each quotation, purchase order, purchase agreement, credit agreement, invoice, release, requisition, work order, shipping instruction, specification, and any other document, whether expressed verbally, in written form or electronic commerce, relating to the sale of Goods by Company to Buyer (these documents are individually and collectively referred to herein as the “Contract”).
4. Issuance of a purchase order or acceptance of the Goods by Buyer constitutes acceptance of these Terms and Conditions.
5. Any additional or different terms or modifications to these Terms and Conditions proposed by Buyer are expressly rejected by Company and are not part of any Contract.
6. All orders and shipments are subject to acceptance by Company and approval of Company’s credit department.
7. Company reserves the right to sell or not to sell Goods to any particular person or party.
8. Orders are accepted subject to our ability to ship at the time and in the quantity specified. Company is not liable for damages for failure to make such shipment. Company is not responsible for delays in manufacturing or supply chain.
9. No salesperson or agent has the authority to make any change or binding commitments in addition to, or in conflict with, these Terms and Conditions.
10. An exact copy of each order, as we interpret it, is furnished as an acknowledgment and should be carefully reviewed upon its receipt to make certain that the order, and associated requirements, have been properly entered.
11. Prices for Goods and other related information shown in any Company or manufacturer product publication, including but not limited to catalogs, brochures, and websites, are subject to change without notice. Prices do not include related freight charges, use tax, sales tax, excise tax, value-added tax, or similar taxes, or charges of any nature whatsoever imposed by any governmental authority unless otherwise expressly noted by Company.
12. Company reserves the right to invoice Goods held over 30 days.
13. All Goods held over 60 days will be subject to a storage service charge of 1.5% of the order value per month.

Pricing & Sales: Credit Terms, Open Accounts, Purchases, Cash and Payments

1. Sales are made on a cash basis only unless prior “Open Account” status has been arranged with Company’s credit department. Cash Sale and COD terms are “net”. Special Orders for Cash Accounts require 100% deposit and COD Accounts require 50% deposit at point of order. All Cash Sales and COD orders are required to be paid in advance prior to releasing or delivering of Goods

2. All COD checks are subject to check verification and acceptance. “Third Party” checks will not be accepted (i.e. homeowner payment on trade account). Return checks are subject to an NSF fee up to $30.00.

3. When credit is granted, interest is charged at 1.5 % per month (18% annually) and will be charged on all past due invoices. Past due invoices will result in suspension of credit until such invoices are cleared.
4. All On-Line Payments made with credit cards, ACH (E-Checks) are final.
5. The person signing the credit application on behalf of the Buyer certifies that he/she has the authority to bind the Buyer and is authorized by the Buyer to enter into the credit application.
6. Shipments may be held if account is past due or over credit limit.
7. Credit accounts may be restricted, or rescinded, if an account is consistently delinquent, as determined by Company in its sole discretion.
8. SPECIAL ORDERS: Order Confirmations are provided for all Special Orders. Please review the Order Confirmation. Changes need to be received within 24 hours of order confirmation and prior to production or release of the order. Otherwise, the order is assumed correct and it is considered valid and non-cancellable.

Shipping & Distribution: Delays, Freight Claims, Damage and COD

1. When delivery service is available via Company truck in areas surrounding our distribution warehouse, freight policies and rates will vary by market. Please contact your sales representative or local branch for specific terms and schedules.

2. Company reserves the right to select the carrier for shipments unless otherwise specified by the Buyer. Carriers will be selected based upon performance, reputation, reliability, rates and schedules. All freight and surcharges are the responsibility of the Buyer. Title to Goods, as well as the risk of loss, shall pass to Buyer upon delivery to the carrier at Company’s designated facility. All shipping and insurance expenses are assumed by the Buyer. Company is not liable for loss or damage of material in transit and is not responsible for delays related to replacement material.

3. Freight terms for factory direct orders will be governed by the individual manufacturer's terms and policies. Charges will be paid by the Customer for rush items shipped by LTL or other means. Freight costs are subject to change without
4. notice. In the event of an increase or decrease, the new price will apply on all deliveries made on or after the date of price change. Applicable freight charges will be applied to all factory direct orders.
5. Payment in full is required for COD orders to be shipped via UPS or common carrier. A packing charge is assessed on all UPS shipments to defray the additional cost of careful and accurate packaging to insure safe arrival of the materials. Other charges from the manufacturer may be passed on, which will vary from time to time and from vendor to vendor. These charges may include and are not limited to; split carton charges, pallet charges and packing charges. We will attempt to make you aware of these, but they are subject to change without notice.
6. Carriers accepting of hazardous material may assess special handling fees, which will be added to freight and handling charges for those shipments.
7. Claims for damage or loss on LTL and direct shipments are to be made directly with the carrier. Company is not responsible for replacing material damaged in transit through no fault of ours. All damage and/or shortage must be noted upon receipt and be countersigned by the carrier's agent.
8. Company shall not be held liable for delays caused by natural disasters, labor conflicts, accidents, government priorities, shortage of material or any cause beyond the company’s control or as a result of shipping materials. Under no circumstances will Company be responsible for consequential, punitive or exemplary damages.

Credit: Authorization, Condition, Shipping, Returns, Restock and Product Claims

1. Goods for Return must meet the following criteria to be considered for acceptance by Company:

2. Return within 30 days of purchase and accompanied with a copy of original order

3. Full, unopened and undamaged packages of a currently stocked lot
4. Returns are subject to inspection before acceptance and must be issued and accompanied by a Return Goods Authorization issued by Company
5. Drivers may not accept any Goods without prior approval accompanied by a Return Goods Authorization issued by Company
6. A 20% restocking fee will be applied to all returns plus any associated freight chargesNon-returnable material includes:
7. Special order, Discontinued GoodsRental Security Deposit: Deposit on rentals not returned within 30 business days will be forfeited. Deposits on rentals returned damaged, with missing parts, dirty or returned in unusable condition will also be forfeited.

Manufacturer’s Warranty – Disclaimer of Warranties

1. UNLESS A SEPARATE WRITTEN DOCUMENT SHOWING TERMS OF ANY COMPANY WARRANTY OR SERVICE CONTRACT IS FURNISHED BY THE COMPANY TO THE BUYER, THE GOODS ARE SOLD “AS-IS”, “WHERE-IS”, AND COMPANY MAKES NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO OR IN ANY WAY RELATING TO THE GOODS, WHETHER BASED ON BREACH OF WARRANTY OR CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY WILL TRANSFER TO BUYER ANY WARRANTY EXTENDED BY THE MANUFACTURER OF THE GOODS, PROVIDED SUCH WARRANTY IS TRANSFERABLE. THE SOLE REMEDY AVAILABLE TO BUYER WITH RESPECT TO DEFECTS IN THE GOODS WILL BE AGAINST THE MANUFACTURER UNDER ANY APPLICABLE MANUFACTURER’S WARRANTY TO THE EXTENT AVAILABLE TO BUYER.

2. If the Goods, or any portion thereof, are resold by Buyer, Buyer will include in its agreement for resale provisions that limit recoveries in accordance with the Contract. In case of Buyer’s failure to include in any agreement for resale the terms providing for such limitations, Buyer will indemnify, defend and hold Company harmless against any liability, loss, cost, damage, or expense (including actual attorney fees) arising out of or resulting from the failure.

3. IN NO EVENT WILL COPMANY BE LIABLE OR RESPONSIBLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR EXPENSE OCCASIONED BY THE USE OF DEFECTIVE GOODS.
4. BUYER ASSUMES FULL RESPONSIBILITY THAT THE GOODS PURCHASED UNDER THE CONTRACT MEET THE SPECIFICATIONS AND/OR INTENDED USE OF BUYER, AND COMPANY MAKES NO REPRESENTATION WITH RESPECT TO THEM.

ALL PAYMENTS ARE PAYMENTS ARE DUE WITHIN 48 HOURS OF COMPLETION OF SERVICE.

 

GENERAL DISCLAIMER

PLEASE INSPECT ALL GOODS FOR ACCEPTANCE PRIOR TO INSTALLATION. Installation demonstrates acceptance at all times, under all conditions, without exception. It is the responsibility of the Dealer, Contractor, Designer, Architect and/or Project Owner to inspect the material for acceptability prior to installation. Absolutely no claim will be honored after materials have been installed. It is the responsibility of the Dealer, Contractor, Designer, Architect and/or Project Owner to ensure that all Goods are installed in accordance with the manufacturer’s instructions and the published guidelines in the installation manuals available. Under no circumstances shall Company be liable for any damages arising out of the improper installation of any Goods.

SUITABLE APPLICATION: It is the customer’s responsibility to determine whether a Company supplied product is suitable for the application.

UNDER NO CIRCUMSTANCES RELATED TO ANY AND ALL CLAIMS, WILL COMPANY’S RESPONSIBILITIES EXCEED THE COST OF THE MATERIAL TO OUR CUSTOMER.

ALL NATURAL PRODUCTS ARE SOLD SUBJECT TO VARIATIONS IN SHADE, SHIPMENT TO SHIPMENT, AND FROM SAMPLES. Such variations are an inherent characteristic of the Goods.

EVALUATION OF IRREGULARITIES

1. Sand and finish evaluation must be observed from a standing position on the floor being assessed.

2. Sand and finish evaluation must be conducted with ambient lighting. Glare from a direct light source must not be used during evaluation.

3. Stained/colored floors should be uniform in color.  Color tones may vary from board to board or within individual boards due to natural variances within the wood.

4. Proper evaluation of finish cannot take place until final coats have been applied and are fully cured.

5. Mil/film thickness of finish can be evaluated, but should not determine acceptability.

6. Sheen/luster levels should be reasonably consistent across the floor and should not be evaluated until all finish coats have been applied and are fully cured.

7. Minimal amounts of debris within reason can be expected in a final coat of finish. When debris in the final coat is predominant and takes away from the overall appearance (standing position/ambient lighting) of the final coat, repairs may be required.

CONCEALED CONDITIONS:  The full extent of the project can only be known once the project begins and old floors have been removed or old floors sanded. It is not uncommon to find rotten boards or termite damage or other hidden issues. When projects have been previously assessed while covered with carpet, other floorings, or furniture, there may be unforeseen problems discovered later in the process. In this case, any additional repairs and alterations will be an additional cost.

HAZARDOUS MATERIALS.  If signs of lead, asbestos, or any other hazardous material are discovered at any point in the process, all work will cease in affected areas if not the entire job site.  The client will be fully responsible for documented testing to show items are not hazardous or if the subject is dangerous, it must be remediated before we return.

UNAVOIDABLE DAMAGE TO SURROUNDING SURFACES. 

1. Base moldings:  When sanding and installing flooring throughout a house, base moldings can be left on in order to save the cost of removing and re-installing them. If the client chooses to go this route, some damage is to be expected and Lumberjack Flooring is removed from any liability in regards to this.

2. Other Surfaces:  When working on floors, it's not uncommon for there to be minor damage to any adjacent surfaces including cabinet toe kicks, drywall, door jambs, and base moldings. This is to be expected and Lumberjack Flooring is not responsible for any of these damages.

3. Excess Material:  Lumberjack Flooring is both a service provider and a product distributor. Because of this, excess materials are often brought to job sites to ensure we do not run out of anything and slow the job down. All of these excess materials unless directly purchased by client, are the property of Lumberjack Flooring.
4. Gaps And Floor Movement:  Floors shrink and swell with fluctuating moisture levels. Expect your floor to shrink in the winter and swell in the summer. You can mitigate this by keeping moisture and temperature levels constant in your home. Because of this for most purposes we do not use wood filler. If you desire wood filler to be used in the gaps in your floor, you must specifically request this. Small amounts of filler may be applied at no additional cost (30 minutes of labor time).
5. Variation in wood grain:  Wood grains and patterns vary throughout the log and this is to be expected even within the same batch and grade of lumber. We install the flooring that is ordered and removing and replacing boards after the installation is complete will be an additional cost.
6. Old Vs. New Wood:  When installing new wood against old wood, there is always going to be some variation in color in grain pattern. This is to be expected.

ITEMS NOT IN THE QUOTE.  Unless an item is included in writing in the written quote, it is not included in the in project and will be billed at an additional cost. This includes furniture moving, demotion or any other prep work that was not included in writing.

HANDCRAFTED WORK.  What makes your newly refinished floor so unique is that it is handcrafted by our wood flooring technicians.  What makes your floor so one-of-a-kind also means that you’ll likely have some small imperfections in the floor. Our employees take pride in their work and strive to give you a beautiful floor, but due to its handcrafted quality, some small imperfections are to be expected.

SCHEDULED CHANGES.  Lumberjack flooring proudly runs on schedule 99% of the time. Because of this we rely on our customers to run on schedule. And changes to the schedule must be made at least 10 business days in advance. If lumberjack flooring arrives to work on your project as scheduled and is forced to leave the job site due to the job not being ready, the travel time and any time spent waiting will be charged to the final invoice.

NO GUARANTEE IS MADE AGAINST WEAR, SCRATCHING, OR CHIPPING. All products will scratch and wear and it should be expected in areas of heavy traffic. The degree of wear is a function of maintenance and abrasion. Company shall not be responsible for failures resulting from our products being installed in areas where they are not suitable.

JURISDICTION; CHOICE OF LAW; VENUE; NON-JURY TRIAL: You and any Guarantor hereto agree that this sale will be deemed for all purposes to be fully executed and performed in the State of Michigan and will be governed by Michigan law, without giving effect to its conflict of law provisions, including Michigan’s Builder’s Trust Fund Act and its successors. You and any Guarantor expressly and irrevocably agree to: (a) be subject to the personal jurisdiction of the State of Michigan and any controversy that may arise relating to this sale or any guaranty, (b) accept venue in any federal or state court in Michigan and agree that such court will be a convenient place for any trial, and (c) waive any righto trial by jury. You and any Guarantor further acknowledge and agree that subsections (a) through (c) are conditions precedent to and are material inducements to our entering into this agreement with you and any Guaranty with any Guarantor.