Advantage Trim and Lumber Co.
The sale of goods described on the customer’s invoice ("Goods") is made on the express condition that Buyer assents to the promises, terms, and conditions set forth below, whether or not they are additional to or different from any terms and conditions proposed by Buyer. Advantage Trim and Lumber Company, objects to Buyer's additional or different terms. Advantage Trim and Lumber Company reserves the right to change its terms and conditions without written notice.
1. Shipping Terms.
The Goods will be delivered FOB place of shipment. Truck freight costs are not included in pricing provided online at www.AdvantageLumber.com or through written or verbal quotes, unless expressly stated on said quote. Freight costs are non-refundable except in the case of total loss.
Once orders have been placed, processed and payment is approved, products are shipped via common carrier freight, dedicated truck load carrier or UPS Ground unless otherwise specified.
Orders usually ship within 1-5 business days. Custom and special order products typically have longer lead times. Confirm product production lead times with your sales representatives at the time of order placement.
UPS Ground deliveries do not require a signature at the time of delivery and will be left at the location if no person is present, unless otherwise requested.
Advantage Trim & Lumber Co will email the contact person listed on the billing address of each order after the product ships. This email will contain shipping information, including the shipping or trucking company name, phone number and shipment tracking number. The trucking company will call to schedule a delivery time window.
If you require products delivered by a certain date, please call your sales representative to verify product availability. Some products available for online order may not be in stock. All listed shipping times are estimates. Specific delivery dates and/or time frames cannot be guaranteed for any product or order. For orders with deadlines please order well in advance. Advantage Trim & Lumber Co is not responsible for lost, misplaced, delayed shipments or freight damaged by the freight carriers.
Business freight deliveries or freight deliveries that are dock to dock, require the receiving party to remove the product from the truck via a loading dock or with a forklift.
For residential (or non-dock) deliveries the freight company is required to move the material to the tailgate of the truck. The receiving party is required to unload the material by hand placing the product on the ground.
Inspecting for Damage
Be sure to check all material and packages for any potential damage during transit. It is the sole responsibility of the receiving party to fully inspect the product at the time of delivery for any potential damage. Advantage Trim & Lumber Co is not responsible for damaged products due to shipping. We recommend removing any protective wrapping to fully inspect the product, before the driver leaves. In addition, please count the product before signing the Delivery Receipt. Once the Delivery Receipt is signed with no exceptions noted, the trucking company has not further responsibilities and will not honor claims if the Delivery Receipt is not noted with the issue. Products that have not been delivered should be signed for as SHORT, products that are delivered damaged should be signed for as DAMAGED.
What to Do If Product is Damaged
If the product is damaged in any way, DO NOT REFUSE THE PRODUCT. It is best to receive the product and in turn a replacement product will be shipped out to you. Should the receiving party refuse the product this does not recuse the customer of re-deliver or return shipping costs.
If damage did occur during transit, any and all damage must be noted on the Delivery Receipt in detail and signed by the driver. A copy of the Delivery Receipt will need to be faxed, emailed or mailed to Advantage Trim & Lumber Co in order for a damage claim to be filed with the trucking company, on our customer’s behalf, in order for replacement product to be sent to the customer.
Please photograph the damaged product on the truck and off the truck for evidence that will assist with a product damage claim. Damaged product may need to be shipped back to Advantage Trim & Lumber Co. The shipping company has the right to inspect and/or claim the product if a damage claim is filed and/or paid by.
All claims must be submitted within 72 hours of delivery via email and telephone contact, along with the photos and the list of material claimed to be damaged or defective.
Lift Gate and Inside Delivery Options
Lift gate delivery service is available at an additional cost over and above standard dock-to-dock or hand unloads services. Lift gates can only be used on material that is four foot or under. This DOES NOT include any inside-of-home or garage delivery, or moving the freight pallet away from the tail of the truck.
Additional Accessorial Charges
Any and all additional charges not previously paid, or provided at the time of order, such as inside delivery, change of address, limited access, re-delivery and storage fees will be the sole responsibility of the customer unless stated in the customer order as part of the shipping costs pre-paid by the customer at the time of order.
Limited Access Issues
Deliverability is at the discretion of the freight carrier. If the freight carrier determines that it cannot deliver the material to the delivery (shipping) address, it is the responsibility of the customer to pick up the material at the freight carrier terminal, unless other arrangements can be made.
Most freight deliveries will arrive in a full size 48-53 foot tractor trailer semi-truck, (such as long haul trucks you might see on the freeway system). It is the customer's responsibility to notify Advantage Trim & Lumber Co at the time of order, if your delivery location has potential limited access issues, such as a truck being unable to reach your location. Some of these issues maybe be but are not limited to turn around in your area, low power lines or tree limbs, weight and size limitations. Accessorial services are not guaranteed. Any and all re-delivery or storage charges incurred will be billed back to the customer if delivery is attempted and cannot be completed because of unknown limited access issues.
If the customer refuses delivery for reasons other than those agreed to in writing within the order document, the customer will be responsible for all initial shipping and re-delivery and or return shipping charges. It is important to note that freight deliveries are always curbside. ''Curbside'' means next to the curb on the street. Drivers are not obligated to deliver freight into driveways or garages. Inside delivery is not available.
For further questions regarding the above Advantage Trim & Lumber Co Shipping Disclaimer statements, please contact Customer Service at email@example.com
2. Pickup Orders: Materials not picked up within 14 days of order completion shall be subject to liquidation. Any money paid towards the order will be forfeited.
3. Risk of Loss: After delivery of the Goods to the carrier, and in other circumstances as provided by law, Buyer shall bear all risks of loss, whether or not the products so delivered are conforming or non-conforming, whether or not a right of rejection exists in Buyer's favor, and whether or not Buyer rightfully revokes acceptance. The occurrence of any such risk shall not release Buyer from its obligations hereunder.
4. Credit: Any credit is subject to final approval by an authorized officer of Advantage Trim and Lumber Company at its main office in Buffalo New York. All credits will be subject to prior satisfaction of any and all past due balances.
5. Modification: No modification of any promise, term or condition of sale shall be of any force or effect unless signed by an officer of Advantage Trim and Lumber Company. Order modification is done on a case by case basis by severity of changes and may be subject to additional charges.
6. Claims of Buyer: As a condition precedent to recovery of any claim of any kind, Buyer must comply with the following. All claims of any kind, except nonreceipt, must be made to Advantage Trim and Lumber Company within three days after receipt of shipment. Claims for nonreceipt must be made in writing delivered to Advantage Trim and Lumber Company within thirty days after receipt of an invoice. Claims of damage must be noted at time of delivery on the shipping documents and countersigned by a representative of the shipping company, failure to do so may result in total loss of Buyers ability to collect damages from the shipper and releases Advantage Trim and Lumber Company from their obligations. Liability for breach of warranty or contract shall arise only upon prompt return of the products claimed to be defective at Buyer's expense and after due notice to Advantage Trim and Lumber Company of the claimed breach, as set forth in this paragraph 8.
7. Taxes and Other Additional Charges: In addition to the price for the Goods, Buyer will pay Advantage Trim and Lumber Company the amount of any excise, sales, use, or similar tax relating to the Goods or their sale, and any freight (unless there is an express freight allowance) stop-over charge, lot loading charge, demurrage charges or the like relating to the transportation or storage of the Goods, which Advantage Trim and Lumber Company is legally obliged to pay, within ten days after the date of an invoice for the charge. Customer is solely responsible to pay any and all taxes due to their local city, state, or municipality. Customer is solely responsible to contact, report to, and pay any municipality which may require payment of tax where applicable.
8. Inspection: Buyer has no right of inspection; inspection shall not be a condition to Buyer's duty to pay or to any other duty.
9. No Sales "on Approval" or "Sale or Return": No sale is made on approval or under a sale or return. Advantage Trim and Lumber Company may, however, at its option, allow a return. Any such return shall be at Buyer's sole risk and expense; return shall be affected only upon actual delivery to Advantage Trim and Lumber Company or as otherwise instructed by it in writing. No credit, whether by refund on monies paid or by allowance against monies due, shall be given until such actual receipt by Advantage Trim and Lumber Company of return products in the same condition as they were when delivered to the carrier by Advantage Trim and Lumber Company for original shipment to Buyer. Credits are subject to the prior satisfaction of any and all past due monies owed to Advantage Trim and Lumber Company.
10. Unauthorized Returns: Product returns made without the express written consent of Advantage Trim and Lumber Company including refused shipments without the prior consent of Advantage Trim and Lumber Company constitute unauthorized returns. Unauthorized returns not accepted and will incur unloading charges, storage fees, disposal fees, etc. Buyer accepts responsibility for the outbound and return freight charges and a 20% restocking fee. Services performed including milling, pulling to specification, packaging, and crating are non-refundable. All sales of custom items, including custom flooring, millwork, stair components, and S4S lumber are final. No returns will be accepted on unused or leftover product. Returns on unopened accessories are subject to a 25% restocking fee.
11. Order Cancellation: All orders are automatically processed on our secure merchant processor and sent for shipment as soon as they are placed. During this process we incur irreversible fees. Therefore, while we understand that orders might need to be changed sometimes, we are unable to do it free of charge after a certain point. We strictly adhere to the following cancellation policy:
- If you cancel your order BEFORE it has been shipped, you will be assessed a 10% cancellation fee before credit is issued.
- If you cancel your order AFTER it has been shipped, the cancellation will have to be treated as a return with all applicable fees.
- Orders which are REFUSED AT DELIVERY will be assessed all of the applicable fees - including restocking, cancellation and other applicable fees.
12. Deposits: Refunding of deposits are reviewed on a case by case basis by an authorized officer of Advantage Trim and Lumber Company, deposits may be forfeited in the event that Buyer cancels their order after processing has started.
13. Governing Law: The contract for sale of the Goods shall be governed by the laws of the State of New York.
14. Grading Guidelines: Lumber grades shall be determined by the rules of applicable trade associations (NHLA) or, in the absence of such rules, on procedures which are customary in the industry and on other trade customs. Flooring grades shall be determined by the rules of applicable trade associations (NWFA, NOFMA, MFMA) or in the absence of such rules, on procedures which are customary in the industry.
15. Premium Decking & Siding Grading:
- 3% of worm holes are allowed in 1 face only, on clear face holes are only allowed on the edge- within the extra 1"
- Sapwood and “stained sapwood” are allowed only on edges of 1 face, the other face needs to be free of sapwood or stains **** Sapwood is not allowed in the middle of the board, and sapwood with pin holes are not allowed****
- Milling defects are only accepted in 1 face of the board if it has been sanded and it doesn’t change the structure of the board (width and thickness) ****milling defects that change the structure of the board are not accepted in neither face, only on the extra 1” of the board****
- Grain Tear Out- as long as the pieces are smooth, but it will be considered within the 3%-5% of total defect’s tolerance
- Closed knots are only accepted in 1 face
- Open knots are not allowed in either face
- Burn marks are not allowed in either face
- End seal has to be a thick wax or paraffin; liquid gel is not allowed
16. The sales personnel of Seller are not authorized to make warranties about the Seller's goods. ORAL STATEMENTS by Seller’s employees DO NOT CONSTITUTE WARRANTIES, shall not be relied upon by Buyer and shall not become part of any contract or sale. The entire sales contract between Seller and Buyer will be set forth in the order acknowledgement, invoice and these Terms and Conditions and NO OTHER WARRANTIES are given beyond those set forth in such documents.
17. Seller’s products are warranted to be of merchantable quality and to conform to applicable industry standards or Seller's published standards. Should any such product sold hereunder be found not to meet the foregoing warranty, Seller will furnish a replacement product conforming to this warranty, or, at its election, make a fair allowance therefor. Any claim with reference to goods shall be deemed waived by Buyer unless made in writing to Seller upon the earlier of (i) three (3) days from Buyer's receipt of goods. Buyer acknowledges that the remedies herein constitute its sole and exclusive remedies. SELLER MAKES NO WARRANTIES WHICH EXTEND BEYOND THE FOREGOING AND EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES INCLUDING WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE . SELLER'S SOLE RESPONSIBILITY AND BUYER'S SOLE AND EXCLUSIVE REMEDY IS AS STATED. SELLER SHALL NOT BE LIABLE FOR CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES, LOSS OF PROFIT, OR FOR ANY AMOUNT IN EXCESS OF THE PRICE FOR THE SHIPMENT INVOLVED, UNDER THE FOREGOING WARRANTY OR ANY OTHER PART OF THIS AGREEMENT. ANY LEGAL CLAIMS OR ACTION AGAINST SELLER FOR BREACH OF THIS AGREEMENT, INCLUDING THE WARRANTY GRANTED ABOVE, MUST BE INSTITUTED WITHIN ONE YEAR AFTER DELIVERY.
18. Ordering: By completing and submitting an electronic order form, you are making an offer to purchase goods which, if accepted by us, will result in a binding contract. Please note that products will not be sent (or links to online products) until we have authorization from your payment card issuer. We will not be liable if there is a delay, and we will not accept your order if payment is not authorized.
Certain steps must be followed for a contract to be formed, as described below.
After you have placed your order:
You will receive an email to acknowledge your order. It will confirm which products you have ordered. This email is not an order acceptance from us.
We do not have to accept your order, and for example, we will not accept your order if:
- We do not have the products in stock
- Your payment is not authorized
- There is an error on our website regarding the price or other details of the products
- You have cancelled it in accordance with the instructions below
We reserve the right to refuse any order and/or cancel any order and refund the customer's money due to pricing errors or any other reason.