Terms & Conditions

PLEASE NOTIFY US IMMEDIATELY OF ANY EMAIL ADDRESS CHANGES.
NOTE: ALL SPECIAL ORDER MATERIAL IS NON-RETURNABLE AND NON-REFUNDABLE.
**CLICK ON THE ATTACHMENT TO OPEN INVOICE**
 
QUESTIONS? Please contact: Mary Kinsella at 704-889-8962 or e-mail: mkinsella@thebuildingcenterinc.com; Azadeh Hosseini at 704-889-8962 or ahosseini@thebuildingcenterinc.com; Tony Lowder at 704-889-8863 or tlowder@thebuildingcenterinc.com; or Accounts Receivable Fax 704-889-1673.
 
THE BUILDING CENTER – TERMS AND CONDITIONS
 
The following terms and conditions govern the sales of The Building Center, Inc. (called The Seller), whether made pursuant to oral or written orders to its representatives or salesman.
TAXES
Buyer shall pay to Seller the amount of any and all taxes, excises or other charges which Seller may be required to pay or collect for any government, national, state or local, upon, or measured by the production, sale, transportation, delivery or use of the merchandise sold here-under.
 
FORCE MAJEURE
Delay in delivery or non-delivery in whole or in part by Seller shall not be a breach of this sale of performance is made impracticable by the occurrence of any one or more of the following contingencies, the non-occurrence of which is basic assumption on which the agreement is made: (a) Fires, Floods, or other casualties; (b) Wars, Riots, Civil Commotion, Embargoes, governmental regulations or martial law; (c) Seller’s inability to obtain necessary materials (finished or otherwise) from its usual sources of supply; (d) Shortage of cars or trucks or delays in transit; (e) existing or future strikes or other labor troubles affecting production or shipment, whether involving employees of Seller, or employees of others, and regardless of responsibility of fault on the part of the employer; and (f) Other contingencies of manufacture of shipment, whether or not of a class or kind mentioned herein and not reasonable within Seller’s control.
 
WARRANTY
Seller agrees that any merchandise delivered hereunder found to be defective in material or workmanship will be repaired or replaced by the Seller without additional Charge for the merchandise. This warranty is made in lieu of any other warranties or conditions, including merchant-ability or fitness for a particular purpose. The remedies under this warranty are exclusive and by accepting this merchandise the Buyer agrees to these conditions and waives any other warranties, conditions, expressed or implied.
Buyer assumes all risk and liability with respect to results obtained by the use of such merchandise whether used alone or in a combination with other products. No claims of any kind whatsoever, whether based on breach of warranty, the alleged negligence of Seller, or otherwise, with respect to merchandise delivered or for failure to deliver any merchandise shall be greater in amount than the purchase price here-under of the merchandise in respect of which damages are claimed; and failure of Buyer to give written notice claim within 30 days after delivery of merchandise shall constitute a waiver of Buyer of all claims with respect to such merchandise.
 
TERMS AND CONDITIONS TO GOVERN
THIS INVOICE CONSTITUTES THE ENTIRE CONTRACT WITH RESPECT TO THE SALE AND PURCHASE OF THE MERCHANDISE SPECIFIED HEREIN. No modification of this sale shall be effected by the acceptance or acknowledgement of purchase order forms specifying different conditions, and no modification shall be effective unless in writing signed by the party claimed to be bound thereby.
 
STATE OF JURISDICTION
This sale shall be deemed to have been made in, and shall be constructed in accordance with the laws of the State shown in Seller’s address.
 
DELIVER AND ACCEPTANCE OF TITLE OF GOODS
Title to the materials shall pass from the Seller to Buyer upon delivery thereof to Buyer or his agent and thereafter shall be Buyer’s risk. Claims for shortages, breakage or for any non-conformance with the terms and conditions of the order shall be noted on the Seller’s delivery receipt by the Buyer at the time of delivery; otherwise, the Seller shall not be responsible for any such claims. If delivery is by common carrier, delivery by the Seller to the carrier at point of origin shall constitute delivery to the Buyer and thereafter the shipment shall be at Buyer’s risk, and claims for loss or damage must be filed by the Buyer against the carrier. Title to goods loaded onto Buyer’s conveyance at Seller’s warehouse passes to the Buyer at the Seller’s loading dock. If upon delivery at job site, there is not present at the job site an employee of the Buyer authorized to accept delivery and sign a delivery document evidencing delivery of material as listed on the invoice document, then the Seller reserves the right to deposit the material at the delivery area previously designated by the Buyer without obtaining a signed receipt therefore, and the Buyer agrees to liability for payment of this invoice as if it were signed by the authorized employee of the Buyer.
 
DISPUTES
Any shortage or dispute on quantity, theft, or miss-shipment must be reported within 48 hours from delivery.
 
FINANCE
FINANCE CHARGE OF 1.5% PER MONTH (18% annually) CHARGED ON PAST DUE ACCOUNTS.
 
RESTOCKING CHARGE
 
All returned goods by Buyer must be accompanied by the Buyer’s copy of original sales ticket. A 15% restocking charge will be assessed by the Seller on all returned goods that are picked up on the customer’s job site by the Seller. Special orders or non-stocking items may not be returned for credit, refund, or exchange.

Copyrights 2017. All rights reserved