The “Seller” herein shall mean WMS (Wood Moulding Specialties, Inc.). Seller hereby accepts your order subject to the terms, conditions and instructions appearing on the face and reverse side hereof. The order confirms a verbal understanding and therefore shall be deemed acceptable as specified. Modification of the terms stated herein shall be ineffective unless in writing signed by a specifically authorized representative of WMS. Additional or different terms included in Buyers Purchase Order, or any other document, are hereby objected to. BY ORDERING FOR SHIPMENT THE GOODS HEREIN, BUYER AGREES TO ALL OF THE TERMS AND CONDITIONS ON BOTH SIDES OF THIS INVOICE. These terms do not constitute an offer by WMS to sell or extend credit. Each credit application, request for credit, credit transaction, and customer order are subject to approval of Seller.
Unless otherwise agreed to in writing or stipulated on the face of the invoice, payment for each invoice shall be due Net upon Receipt of material. Buyer agrees that payment shall be made per terms, and any balance owing after due per terms shall be assessed with a charge of 1.25% per month (15% per annum). Buyer agrees that this is a reasonable amount to compensate Seller for Buyers late payment regardless of how described or billed. Shall it become necessary to place Buyers account for collection, Buyer agrees to reimburse WMS for all costs incurred, including but not limited to: 1) Collection Agency Fees. 2) Attorney’s Fees before and /or through Trial and Appeal. 3) Liquidated damages, Finance or Service Charges at 15% per annum from the date the account became due. Seller has option to lien property no later than 90 days from last date of delivery/acceptance. It is our policy not to ship accounts that are beyond days Past Due.
WMS will charge a 20% restocking charge for stock materials. Buyer shall within 5 days following the date of completion of delivery, notify WMS of return in order to receive any credit. Returns will be accepted only from original lengths, packaging and condition at the original delivery unless pre-approved by the WMS. We will gladly accept returns for full credit of items received in defective condition or shipped in error. Claims for damage due to handling will only be honored if the merchandise has not been moved from WMS original delivery point. No special order(s) can be returned for credit, whether special order was purchased by WMS or custom manufactured by WMS. Credit on account is redeemable for up to, but not more than one (1) year from date of completion of delivery. In-store credits are given to all cash Buyers unless pre-approved by Seller.
SPECIAL/CUSTOM ORDER POLICY:
Over-shipment(s) not greater than 15% of original order are acceptable and can be assessed by the Seller for Special/Custom milling. All Special/Custom orders and manufactured milling runs are not refundable or returnable.
All millwork orders whether Stocking, Special, or Custom is sold based on a “Random Length Tally.” Footage and full bundle orders constitute a random length 6ft. to 16 ft. with 85% 8ft. and longer. All other moulding orders are considered “Specified length.” An up-charge of 25% will be assessed for BROKEN BUNDLES and/or SPECIFIED LENGTHS.
Credit will not be extended until a “Credit Application” has been submitted by the Buyer, processed and approved by WMS. All sales must be on a C.O.D. basis until credit is approved. We must charge sales tax until we have on file a resale certificate, which has been completed in full and signed by the Buyer.
Prices are Net Linear Foot (LF); FOB our warehouse or FOB delivered to your yard/jobsite by a WMS truck on our regular route schedule. Prices are subject to change without notice and will be the price in effect at time of shipment.
Seller warrants that the merchandise it sells (except as may be further disclaimed on a specific invoice) will be the kind of quality described in the order and will be free of defects in workmanship or material. Should any failure to conform to the warranty appear within five (5) days after the initial receipt by buyer (or its authorized representative) WMS will, upon written notification thereof, correct such defects by suitable repair, replacement or credit at Sellers option and expense. This warranty is exclusive and is in lieu of any implied warranty of merchantability, fitness for a particular purpose or other warranty of quality, whether express or implied. Correction of non-conformities, in the manner and for the period of time provided above, shall constitute fulfillment of all liabilities of WMS to Buyer with respect to the goods, whether based on contract, negligence, and strict tort or otherwise.
WMS shall not under any circumstance be liable for special, incidental or consequential damages such as, but not limited to; damage to or loss of other property or equipment, loss of profits or revenue, cost of capital or construction delay. Cost of purchased or replacement goods or claims of customers of Buyer, the remedies of WMS with respect to any contract or anything done in connection therewith (such as the performance or breach thereof), or from the manufacture, sale, delivery, resale, installation or use of any goods covered by or furnished under contract with WMS, whether arising out of contract, negligence, strict tort or under any warranty or otherwise, shall not exceed the price of the goods upon which such liability is based (unless WMS elects to repair or replacement exceeds the price of the goods). WMS reserves the right to sell certain goods “as is” without any warranty whatsoever by indication on the invoice or sales receipt for such goods.
WMS's employees ORAL STATEMENTS DO NOT CONSTITUTE WARRANTIES and shall not be relied upon by Buyer and shall not become a part of any contract for sale.
The Terms and Conditions stated herein constitute the sole agreement between WMS and Buyer. Any understanding, representation, affirmation, course of prior dealings, conditions not contained herein shall not be binding upon either party. Any modification to the “Terms and Conditions” shall be in writing and signed by an authorized representative of WMS.