Dixie Plywood and Lumber Company’s Terms and Conditions of Sale
- TERMS OF PAYMENT: Unless otherwise provided in writing signed by an authorized representative of Seller, Customer shall pay for all products from Seller's warehouse in accordance with the prices as set forth in the Seller's invoice for the sale of the products, under terms provided, however, the due date of payment for products sold by Seller but shipped direct from mill may be based upon those terms as specified by the mill on the mill invoice. All past due amounts shall be subject to a service charge of the highest rate allowed by law, which shall be due upon issuance of a bill for same.
- FREIGHT TERMS: Products arc normally priced either on a Delivered Price (FOB Destination Point) with freight charges paid by the Seller to
the delivery point or on a Mill Price (FOB Shipping Point) with freight charges paid by the Customer to the delivery point.
- ACCEPTANCE OF ORDER/SHIPMENT: Acceptance of any order from Customer and shipment to Customer shall at all times be subject to the
prior approval of Seller's Credit Department which may be arbitrarily withheld. In so doing, Seller may, at its option, cancel the order or any
shipment pursuant thereto, or require full or partial payment in advance of processing the order or any shipment and/or suspend delivery of any
shipment until such payment has been received. If acceptance of the order and/or shipment is conditioned upon such payment, failure of Customer
to make payment within ten (10) days of demand by Seller shall constitute a cancellation of the order and/or shipment, allowing Seller to invoice
Customer and be paid a reasonable cancellation charge.
- FORCE MAJEURE: In the event of causes beyond Seller's control, including but not limited to natural disasters such as hurricanes, floods or other
acts of God, fire, war, terrorist incidents, labor and/or material shortages, strikes or other labor union actions, accidents, limitation on transportation,
government priority and/or regulations/restrictions, which interfere with the production, supply and/or transportation of Seller's products, or in the event
of Seller's inability to obtain on terms deemed practical to Seller any raw materials, energy source, and/or labor force used in connection therewith, the
products so affected may be eliminated by Seller from the order or shipment and Seller shall have no liability to Customer for failure to deliver such
products and the order or shipment, to the extent any products remain, shall otherwise be unaffected as to the remaining products. Seller reserves the
right, during any time of shortage due to these Force Majeure events, to extend the time of delivery, or allocate the shipment of any such products among
its customers in any manner as it may deem appropriate.
- LIMITED WARRANTY: Seller has an expressed Limited Warranty for its products which provides that at the time of shipment, its products
shipped to the Customer will conform within nationally recognized industry tolerances for said products as specifically identified and described on
the face of Seller's invoice, which Seller shall provide to Customer upon Customer's request, and that such products will perform according to
Seller's standard printed warranties, if any, relating to such products, subject at all times to the terms and conditions set forth in any such standard
printed warranties, which terms and conditions are incorporated herein and made a part thereof. IF NO STANDARD PRINTED WARRANTY IS
APPLICABLE THEN THERE ARE NO WARRANTIES WITH RESPECT TO SUCH PRODUCTS. SELLER MAKES NO WARRANTY OF
MERCHANTABILITY OR FITNESS FOR ANY PURPOSE AND SAID WARRANTIES ARE EXPRESSLY EXCLUDED AND DISCLAIMED
BY SELLER, AND SELLER DISCLAIMS OTHER EXPRESS, IMPLIED OR STATUTORY WARRANTIES OF ANY KIND.
(a) Warping and Weathering. SELLER DOES NOT WARRANT AGAINST AND DISCLAIMS LIABILITY FOR WARPAGE, MOLD, INSECT
INFESTATION OR MILDEW OCCURRING AFTER DELIVERY OF PRODUCTS TO BUYER AT SELLER'S SHIPPING POINT AND
FURTHER DOES NOT WARRANT AGAINST, NOR WILL IT BE LIABLE FOR CHECKING, LEAFING, SPLITTING, AND OTHER
WEATHERING OF PRODUCTS SOLD.
- CLAIMS: CUSTOMER SHALL PROMPTLY INSPECT EACH SHIPMENT FOR DEFECTS OR SHORTAGES UPON DELIVERY OF
THE PRODUCTS. ANY CLAIMS FOR OBVIOUS DEFECTS OR SHORTAGES RELATING TO SUCH PRODUCTS MUST BE MADE IN
WRITING TO SELLER WITHIN FIVE (5) DAYS AFTER CUSTOMER FIRST DISCOVERS OR LEARNS OF ANY SUCH DEFECT.
SELLER SHALL NOT BE LIABLE FOR ANY CLAIMS MADE BEYOND THE FOREGOING TIME PERIODS. All products sold by Seller
for Which there is an applicable official grade are sold based upon said applicable grades of the various Grading Agencies used by Seller and in
effect at the time of Seller's acceptance of Customer's order. In case of dispute over quality or quantity, the official inspection of the applicable
Grading Agency shall be the basis for settlement. Products which are claimed to be defective must be intact until inspection and settlement is
made by Seller or its agent. The cost of such inspection shall be borne by Customer if Customer's claim is determined by the Grading Agency, in
its sole opinion, to be unjustified. Shortages must be supported by Customer's notarized Affidavit attesting to the shortage. Damage claims must
be accompanied by a written statement of the carrier's agent. No return of product sold based upon a claim hereunder will be accepted without
Seller's issuance of written authorization to Customer.
- LIMITATIONS OF LIABILITY: UNDER NO CIRCUMSTANCES SHALL SELLER BE LIABLE FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, WHETHER OR NOT ARISING OUT OF ANY DEFECT, DELAY, NON-DELIVERY, SHORTAGE,
WARRANTY (OR BREACH THEREOF), NEGLIGENCE OR STRICT LIABILITY. SELLER'S SOLE LIABILITY AND CUSTOMER'S SOLE
AND EXCLUSIVE REMEDY FOR ANY CAUSE OF ACTION ARISING OUT OF THE SALE OF SELLER'S PRODUCTS TO CUSTOMER IS
EXPRESSLY LIMITED, AT SELLER'S SOLE OPTION, TO THE REPAIR OR REPLACEMENT OF THE PRODUCTS FOR WHICH CLAIM
IS ASSERTED OR TO THE REFUND OF THE ORIGINAL PURCHASE PRICE PAID TO SELLER FOR SUCH PRODUCT. Unless otherwise
first authorized in writing by a managing agent of Seller, Customer shall have no right to deduct any claim or damage amount, whether actual or
alleged, from payment of any amount otherwise due Seller.
- WARNING: IRRITANT. Many building products contain urea formaldehyde resins and may release formaldehyde vapors in low
concentration. Formaldehyde can be irritating to the eyes and upper respiratory system, especially to susceptible persons such as those with
allergies or respiratory ailments. Use with adequate ventilation. If symptoms develop consult your physician.