Terms and Conditions
The following terms and conditions shall apply to the transaction described in the accompanying Sales Agreement (“Agreement”) between J.C. Woodworking, LLC (“Seller”) and the entity shown as the Buyer on this Agreement. Whenever a term defined by the Pennsylvania Uniform Commercial Code (“UCC”) is used herein, the definition contained in the UCC shall control.
The prices for the goods sold hereunder include all federal, state, and local taxes imposed upon or on account of such sale, unless otherwise indicated herein.
Invoices shall be payable in the following manner; all orders require a 50% deposit in order to i) hold material already in inventory or ii) begin collecting material specific to a custom order of any material not currently in stock. The balance is due prior to shipment or with cash or a cashier’s check upon pick-up if customer is picking up material or upon delivery if JC Woodworking, LLC is delivering to Buyer’s site. Deposits are not refundable for any reason and all sales are final with no acceptance of returns or exchanges of material.
Title; Risk of Loss; Delivery
Exclusion of Warranties
The Goods sold hereunder are purchased “as is—where is” and with all faults. It is possible that any reclaimed product may have lead paint on it or may have been exposed to lead paint at some point. Any reclaimed material may also have inactive or active insects in it. Unless otherwise noted, no material is kiln dried or fumigated. Seller is not responsible for providing fumigation. Any issues arising during transport regarding fumigation are the responsibility of Buyer. In no event shall Seller be liable for any loss or damage arising directly or indirectly from the use of any of the goods. Seller makes no express warranty with respect to any goods sold under this agreement and specifically excludes all implied warranties from this agreement, including but not limited to any implied warranty of merchantability or fitness for a particular purpose or use.
Exclusion of Consequential Damages
In no event will Seller be liable for any incidental or consequential damages of Buyer. Some states, however, do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to Buyer. In addition, Buyer may also have other rights that vary from state to state.
b. In the event that any provision of this Agreement is declared invalid by any tribunal or law, the remainder of the provisions shall not be affected thereby, and each term and provision not declared invalid or unenforceable shall be valid and shall be enforced to the fullest extent permitted by law.
c. This Agreement and these Terms and Conditions shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns.
d. This Agreement and these Terms and Conditions and all questions relating to their validity, interpretation, performance, and enforcement shall be construed in accordance with, and shall be governed by, the substantive laws of the Commonwealth of Pennsylvania without regard to its principles of conflicts of law.
e. No claim or right arising out of a breach of the Agreement by Buyer may be discharged in whole or in part by a waiver of the claim or right, unless the waiver is in writing signed by an authorized representative of Seller. Seller’s waiver or acceptance of any breach by Buyer of any provisions of this Agreement shall not constitute a waiver of or an excuse for nonperformance as to any other provision of this Agreement nor as to any prior or subsequent breach of the same provision.
255 Route 313
Perkasie, PA 18944