Terms and Conditions
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                                                                                 Terms & Conditions

BIG CREEK LUMBER COMPANY

3564 HIGHWAY 1, DAVENPORT, CA 95017-REMITTANCE ADDRESS
1-831-761-7912

2801 SOQUEL AVE., SANTA CRUZ, CA 95062 (831) 477-1231
1400 W. BEACH STREET, WATSONVILLE, CA 95076 (831) 732-7137
745 RIVERSIDE AVENUE, PASO ROBLES, CA 93446 (805) 238-7922
111 MAIN STREET, HALF MOON BAY, CA 94019 (650) 560-9749
2050 INDUSTRIAL ROAD, ATWATER, CA 95301 (209) 381-5500

AT THIS TIME BIG CREEK’S WEBTRACK STORE IS FOR PRELIMINARY QUOTING PURPOSES ONLY. A BIG CREEK SALES REPRESENTATIVE WILL CONTACT YOU TO CONFIRM PRICES, AVAILABILITY, SALES TAX, ANY ACCOUNT RESTRICTIONS, AND DELIVERY CHARGES. ALL ORDERS MUST BE PLACED THROUGH A BIG CREEK SALES REPRESENTATIVE. SUBJECT TO AVAILABILITY.

CONDITIONS AND TERMS OF SALE

Discounts are not allowed to be deducted unless agreed to in writing by BCL prior to delivery of merchandise to CUSTOMER. If CUSTOMER’S check is returned by CUSTOMER’S bank unpaid for any reason CUSTOMER agrees to pay a service charge of $25.00. CUSTOMER agrees to notify BCL of any error in billing immediately, earned discounts not taken by CUSTOMER within sixty days are waived.

Purchases and/or deliveries are herewith authorized to be made without signatures. CUSTOMER authorizes BCL to make deliveries to locations designed by CUSTOMER whether or not any representative of CUSTOMER is present at the time of delivery. CUSTOMER agrees to pay BCL’s customary delivery charge and a restocking charge of 15% in the event any order is refused or undeliverable. CUSTOMER 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.

All risk of loss, damage and other incidents of title and ownership shall pass to CUSTOMER upon delivery to CUSTOMER, his agent, employee or carrier at BCL’s shipping point and such delivery shall constitute delivery to CUSTOMER. All orders are accepted subject to delays or failure in delivery caused by acts of god, war, demands or requests of governmental authority, national defense, civil commotion, strikes, lockouts, labor trouble, weather, fire, flood, accident, failure in production or production equipment, inability to secure merchandise, inability to obtain fuel, power, or raw materials, delays caused by manufacture shortage, inability to supply for any reason, or other causes beyond the reasonable control of the BCL.

BCL WARRANTS, EXCEPT AS OTHERWISE SET FORTH HEREIN, THAT THE PRODUCTS SOLD BY IT ARE AS IDENTIFIED ON THE RESPECTIVE BCL INVOICES OR OTHER DOCUMENTS THEREFORE AND ARE FREE FROM DEFECTS CAUSED BY BCL, OR BCL’S HANDLING OF PRE-MANUFACTURED PRODUCTS. THIS EXPRESS WARRANTY IS IN LIEU OF AND EXCLUDES ALL OTHER WARRANTIES EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY AND/OR THE IMPLIED WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. BCL’S SOLE LIABILITY AND OBLIGATION UNDER THE TERMS OF THIS WARRANTY OR OTHERWISE SHALL BE, AT BCL’S OPTION, TO REPLACE OR REPAIR ANY DEFECTIVE PRODUCTS OR TO REFUND THE PURCHASE PRICE OF SUCH DEFECTIVE PRODUCTS. THERE SHALL BE NO RECOVERY FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES INCLUDING BUT NOT LIMITED TO LOST PROFIT, DELAYS, LABOR HANDLING CHARGES OR ANY OTHER CHARGES OR BACK CHARGES CHARGED TO OR INCURRED BY CUSTOMER. THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE HERE-OF AND/OR BCL’S SALES DOCUMENTS.

Purchaser shall inspect all materials for suitability prior to incorporation into any work or improvement.

Lumber is produced and billed at historic nominal sizes. Due to minor variations in the manufacturing process the material shipped may vary slightly from the nominal size described. Nominal sizes shall conform to generally accepted dimensions and other customary practices in the lumber industry.

Prior authorization must be obtained from BCL prior to any products being returned by CUSTOMER. CUSTOMER agrees, at BCL’s option, to pay a 15% restocking fee on all returned merchandise. Special orders must be pre-paid in full and may not be canceled. Special order merchandise is not subject to return unless agreed to in writing by BCL prior to return. The cost of return transportation shall be paid by CUSTOMER.

Purchaser shall indemnify, defend, and hold harmless BCL from and against any and all claims, losses, damages, costs, expenses (including attorneys’ and expert witness fees), demands, suits, injuries and liabilities arising from the death or injury of any person or from damage to or destruction of any property, if caused by Purchaser and/or Purchaser’s agents, subcontractors, sub-subcontractors, employees or servants.

In any action arising out of this Agreement the prevailing party shall be entitled to receive from the other parties hereto named in such action reasonable attorneys’ fees, expert witness fees, and costs actually incurred. Attorneys’ fees shall not be regulated by any court schedule but shall be based on actual fees charged.

This document contains all the provisions of the agreement of the parties hereto, and no promise, agreement or representation not contained herein shall be binding on any party. This contract form is, until agreed to by CUSTOMER, an offer to sell goods acceptance of which is expressly limited to the terms set forth herein, BCL hereby gives notice of objection to any additional or different terms.

This agreement shall be construed and enforced pursuant to the laws of the State of California. Venue for all actions at law arising under this agreement shall be in the courts of Santa Cruz, Merced or San Luis Obispo County, State of California unless otherwise required by law. Purchaser agrees to pay BCL 1.5% per month of any balance outstanding more than 30 days, compounded monthly, as delinquency charges. Imposition of interest charges shall not prevent Big Creek Lumber from exercising any other remedies. Material Safety Data Sheets are available upon request.

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