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Terms and Conditions
"Seller" means Stimson Lumber Company
Seller accepts your order upon the terms and conditions appearing on both sides of this document and on
no other terms. Such terms and conditions shall be deemed a part of the contract between Seller and Buyer except for particular terms and conditions set forth
below as to which notice of specific objects thereto is received by Seller from Buyer within ten days. Any typographical errors in this document are subject to
correction.
General. The grading and re-inspection rules of the Grading Associations (W.W.P.A., W.C.L.I.B.,
S.B.I.B., or any recognized grading agency) whose stamp appears on the goods shall be deemed included in and a part of this agreement except as otherwise set out
herein. No modification of those rules shall be effective unless made in writing and signed by Seller's authorized representative.
Payment. Unless otherwise agreed in writing or stipulated on the face hereof, payment of the
purchase price shall be made at par in legal tender of the United States of America and in accordance with the terms stipulated herein.
Taxes and Freight Rates.
All present and future taxes imposed by any federal, state, foreign or local authority which Seller maybe required to pay or collect with reference to the sale or shipment of the goods specified herein are for the account of Buyer. Any taxes, state or federal, levied or assessed on account of freight charges or any increase in freight rates made and effective subsequent to the receipt of order but prior to shipment shall be subject to adjustment for the account of the Buyer in accordance with Seller’s estimated weights.
Freight and Handling Costs.
Prices stated reflect applicable discounts and also include estimated freight to destination at the rate specified unless otherwise noted in the shipping terms on the face hereof. When prices include freight, Buyer shall pay all transportation and delivery costs not prepaid by Seller, and Seller will credit against invoice price, upon receipt of paid freight bill, actual freight paid by Buyer but not in excess of freight charges shown on the face hereof. If the delivering carrier charges an amount of freight larger than that for which Buyer received credit as aforesaid, it shall be Buyer's obligation to file a claim for overcharge with the appropriate carrier. Unless stated otherwise, local handling costs at destination and extra delivery cost incurred for the convenience of, or at the request of Buyer, shall be for Buyers' account.
Claims and Re-inspection. Claims for shortages, defects, non-conforming goods or errors in
shipment must be made in writing within 5 days of receipt of shipments, except that notice of claims based on moisture content must be give to Seller within 72
hours after receipt of shipment. Buyer shall within 15 days following the date of completion of delivery, furnish to Seller in support of said claim, a detailed
proof of claim in writing, including all material facts upon which claim is made.
In the event that Buyer's claims is based upon the grade
or quality of such goods, or any portion thereof, Buyer shall accept delivery of and pay for, in accordance with the terms of this agreement, that portion of the
goods in respect to which no claim is made and will hold intact and properly protect for a period of 30 days, for inspection by Seller or its authorized agent,
that portion of goods in respect to which claims is made here under. Any re-inspection of the goods sold here under shall be conducted and governed by the
association which grade stamped the goods. The findings of such association shall be binding upon the parties in the event of litigation or adjustment. The
expenses of said inspection and survey shall be borne by Seller if the item complained of is found to be more than 5% below grade. If 5% or less, the expense shall
be borne by Buyer.
All claims for shortage or damage must be supported by an affidavit of Buyer or his agent, giving piece
tally, numbers or car seals, if any, car numbers and initials. If the seals have been broken or changed, there shall be a report of the transportation agent at
destination or by affidavit that the transportation agent was requested to make such a report and refused to do so. Incases of complaint involving measurements
and/or tally, the entire item shall be kept intact until re-inspection.
Cancellation.
The Seller may cancel on account of any arbitrary deductions made by the Buyer with respect to or failure to comply with, contract terms in respect to any shipment, including a prior shipment, on account of any transfer of or change in the Buyer’s business. Buyer’s insolvency, sit by other creditors, failure of Buyer to meet financial obligations to Seller, impairment of Buyer’s credit information, or for unfavorable credit reports made to Seller through usual channels of credit information unless, in such instance, the buyer shall promptly furnish to Seller’s satisfaction guaranty of full payment for any shipment made or to be made. Seller shall retain the right to re-negotiate price or cancel in the event of mill closure due to fire, strike, mill insolvency, or other cases beyond Seller’s control.
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