Terms & Conditions:
1. Each and every
entity which purchases goods of any kind from T. H. Guerry Lumber Co. (the
“Customer”) and T. H. Guerry Lumber Co., its successors, affiliates, and
assigns (“GLC”), agree that these Terms and Conditions contain the entire
agreement between the parties and supersede all prior and any subsequent
agreements and understandings, both oral and written, between the Customer and
GLC. These Terms and Conditions shall govern all transactions between the
Customer and GLC, and they may not be modified except upon express, written
agreement, executed by both the Customer and GLC.
2. In consideration of GLC’s extension of credit to the Customer herein, the Customer agrees to make payment in full, including all applicable taxes and similar charges, on or before thirty (30) days from the date of any invoice. Customer understands and agrees that all invoices unpaid after thirty (30) days from the invoice date shall accrue interest at the rate of 1.5 % per month pre- and post-judgment. Failure to object in writing to the amount(s) shown due on any invoice or statement, within ten (10) days of the date thereof, will constitute acceptance of the accuracy of any such amount(s). All non-specific payments received from the Customer shall be applied first to accrued interest and then to the oldest principal amounts owed on the account. Customer agrees that, unless it notifies GLC to the contrary in writing, via certified mail, sales may be made by GLC to Customer without written purchase orders.
3. GLC MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SALE OF ANY GOODS TO THE CUSTOMER, AND CUSTOMER WAIVES ANY SUCH WARRANTIES OR REPRESENTATIONS. GLC HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE, IN CONNECTION WITH ANY SUCH SALE. CUSTOMER ACKNOWLEGES AND AGREES THAT THE ONLY WARRANTY IN CONNECTION WITH ANY SUCH SALE IS ANY WARRANTY PROVIDED BY THE MANUFACTURER(S) OF THE GOODS SOLD TO CUSTOMER BY GLC.
4. Customer shall have fifteen (15) calendar days from the date of delivery to reject goods as nonconforming or defective. Such rejection must be in writing and must be sent to GLC at P. O. Box 23859, Savannah, Georgia 31403, via certified mail, return receipt requested. Such rejection shall specify the goods rejected and the specific nonconformity or defect and must be accompanied by the original invoice or other proof of purchase. Failure to reject the goods in strict accordance with this paragraph shall be deemed acceptance of the goods. GLC shall have a reasonable time after receipt of proper notice of rejection or revocation of acceptance to repair or replace the goods or refund the purchase price, with the remedy to be selected by GLC, in its sole discretion. GLC’s REPAIR OR REPLACEMENT OF GOODS OR REFUND OF THE PURCHASE PRICE, WHICHEVER IS SELECTED BY GLC, SHALL BE THE CUSTOMER’S SOLE REMEDY FOR ANY NONCONFORMITY OR DEFECT IN ANY GOODS, OR FOR ANY FAILURE TO DELIVER OR DELAY IN DELIVERY OF ANY GOODS, SOLD TO CUSTOMER BY GLC. CUSTOMER WAIVES, AND UNDER NO CIRCUMSTANCE SHALL GLC BE LIABLE FOR, ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT CUSTOMER MAY SUFFER IN CONNECTION WITH ANY SALE OF GOODS FROM GLC TO CUSTOMER.GLC shall have no liability for any failure to deliver or delay in delivery of goods caused by any event beyond GLC’s control. Any goods accepted for return by GLC from the Customer must be accompanied by the applicable invoice and sales ticket. A 15% restocking charge will be assessed to Customer by GLC on all returned goods.
5. Customer shall pay to GLC all costs of collection of any amount due to GLC, including, but not limited to, attorney’s fees of fifteen percent (15%) of the total principal and interest due to GLC, plus all other costs of collecting or attempting to collect or to secure any and all debts which Customer now owes or which Customer may in the future owe to GLC.
6. These Terms and Conditions and any transaction between Customer and GLC shall be governed by and construed under the laws of the State of Georgia. Customer agrees that any legal proceedings arising out of any such transaction shall be litigated in a court of competent jurisdiction of the State of Georgia court system. Venue for any action by any of the parties hereto or in connection herewith shall be in Chatham County, Georgia. Customer hereby waives any defense of personal jurisdiction and/or improper venue in any legal action related to its purchase of goods from GLC.
7. Title to goods shall pass from GLC to Customer upon delivery thereof to Customer or its agent, and thereafter all risk of loss, shortage, or breakage shall be borne by the Customer. As to goods delivered by common carrier, delivery by GLC to the carrier at point of origin shall constitute delivery to the Customer. The loading of goods onto Customer’s conveyance at GLC’s store or warehouse shall constitute delivery to the Customer. Delivery of goods by GLC to Customer’s job site or business location shall constitute delivery to the Customer, regardless of whether an employee of the Customer authorized to accept delivery is present at the job site. GLC reserves the right to deposit goods at the site previously designated by the Customer, without obtaining a signed receipt therefore, and the Customer agrees to pay for such goods as if a receipt were in fact signed by an authorized employee of the Customer. All claims for shortage of goods or for loss or damage to goods as to which GLC has the risk of loss shall be waived unless Customer, within 10 calendar days after receipt of the short or damaged shipment, gives GLC written notice via certified mail, fully describing the alleged shortage or damage.
8. Any “take-off” or estimate provided by GLC is designed solely to provide the Customer with a rough estimate of materials to be used in a given project. Customer acknowledges and agrees that actual materials and quantities may vary from the “take-off” or estimate due to numerous factors and, consequently, no representation or warranty is made by GLC that the “take-off” or estimate will not vary from the actual materials required, and GLC shall have no liability to Customer in the event of any such variance.