TERMS OF SALE
Unless otherwise noted Net 30 days ADI. All payments must be made to National Wood Products, Inc P.O. Box 65599, SLC UT, 84165-0599
Amounts past due are subject to a service charge of 2% per month (unless Applicable laws require a lesser charge) together with cost of court and Attorney’s fees incurred. Whether before or after commencement.
Claims must be made in writing within 5 days of Shipment. Returned goods subject to a 15% to 50% handling charge. All goods returned must be accompanied with corresponding invoice no. and date.
Sellers Security Interest: Unless buyer pays Seller for the Goods upon Seller’s delivery thereof, Buyer hereby grants to seller a security interest in the Goods, which security interest shall secure the total purchase price of the Goods, any interest that may accrue, together with collection costs, court costs, attorney fees and costs incurred by Seller, whether before or after commencement of legal action, and shall continue effective until Buyer has fully paid Seller for the Goods, together with any interest or costs which have accrued hereunder.
Warranties: Seller warrants only that the Goods are free from unreasonable defects in quality or manufacture and are suitable for the ordinary purposes for which such goods are used. There are no warranties, express or implied, which extend beyond the description on the face thereof, and excepting the foregoing exclusive warranty, seller makes no warranty of merchantability with respect to the goods.
Exclusive Remedy of Buyer: It is hereby agreed that Buyer’s exclusive remedy for Sellers’s breach of contract or warranty, tort or otherwise shall be, at the Seller’s option, either (1) Seller’s repair and/or replacement of the Goods or part thereof, or (2) Seller’s payment to Buyer of the price of the Goods or a part thereof. Seller shall in good faith exercise said option and provide such remedy so as to prevent Buyer’s exclusive remedy from failing of its essential purpose. In no event shall Seller be liable for incidental or consequential damages, including but not limited to injuries to persons or property other than the Goods.
Risk of Loss: The risk of loss of the Goods shall pass from Seller to Buyer upon Seller’s tender of delivery of the Goods to Buyer at Seller’s warehouse, to Buyer at the address indicated as “Ship To”, or to a Common Carrier with instructions to ship the Goods to Buyer at the address indicated as “Ship To”, whichever maybe the case, irrespective of whether such tender, Seller’s delivery or Goods conform to this Agreement.
Law of Utah: This agreement and the rights and duties of the Buyer and Seller shall be governed by and construed in accordance with the laws of the State of Utah.
Entire Agreement: This Agreement constitutes the final, complete and exclusive expression of the agreement of the parties hereto and may not be altered, amended or expanded except by written agreement of the parties.
Materialman’s Pre-lien Notification: You are hereby notified that the Seller intends to file a materialman’s lien for the materials purchased hereunder if the materials are not paid for within the terms of sale as set forth in the Order.