The materials listed on the Invoice are sold subject to the following terms unless otherwise agreed to in writing by Schuham Builder’s Supply Company, Inc. (Seller).
- CONDITION OF DELIVERY. Shipping/Delivery will be paid for by the buyer in the amount agreed upon by the seller at the time of purchase. Buyer shall have an agent on the job site to sign receipt for all materials. In case of agent’s absence, Schuham may, if its option delivers the same, and the driver’s signature and statement in writing as to articles so delivered shall be conclusive proof of delivery as to the price, time and articles listed thereon. The articles when delivered and receipted for, as above shall become the sole responsibility of Buyer thereafter. Acceptance of any delivery of material shall constitute a waiver of any claim arising as the result of said delay.
- SHORTAGES OF MISMANUFACTURE. Incidents of mismanufacture or material shortage must be reported Schuham Builder's Supply verbally within 48 hours of delivery and confirmed in writing within 10 (ten) days of delivery. If the condition of the mismanufactured item is not apparent, then said report should be made within 48 hours of discovery. Schuham Builder’s Supply shall be afforded the right to inspect and adjust said items within a reasonable time after written notice is received. Failure to give said notice confirmation and opportunity to inspect shall constitute a waiver of all claims.
- DELIVERY DATES. Schuham Builder’s Supply shall have the right to schedule and reschedule all delivery dates in accordance with all its customer’s requirements while using its best efforts to meet the needs of Buyers.
- MATERIAL RETURNED. Unless due to Schuham Builder’s Supply’s error, no material is to be returned or credit allowed without Schuham’s prior authorization. Authorized returns, sellable condition, are credited at invoice price less 35%, and sale of non-stock items are final.
- RIGHTS OF MECHANIC’S LIEN. Buyer, as an inducement to Schuham Builder’s Supply to sell and delivery the items agreed upon, hereby expressly represents to Schuham that Buyer has not done, and will not do either directly or indirectly, anything whatsoever which has, or will have, the effect of releasing waiving, or surrendering the Mechanic’s Lien rights of Schuham to Buyers, as the property to be improved. No waivers or lien for materials shall be required of Schuham until the same shall have been fully paid for.
- PAYMENT DEFAULT. All invoices are due and payable upon terms of invoice. In case Buyer becomes, or is, insolvent, bankrupt, or any proceeding materially affecting his business or property is instituted against Buyer, or Buyer fails to pay Schuham invoices when due. Schuham Builder's Supply shall, at its option, be free to curtail or discontinue its deliveries for so long as such condition shall continue.
- DAMAGES. Without limiting the generality of the foregoing Schuham Builder’s Supply shall not be liable to Buyer for any loss of prospective profits or for any collateral damages incurred because of any late, or nondelivery, or any defect in the materials listed or ordered. (No back charges are honored.)