BULLINGTON LUMBER CO.

 TERMS AND CONDITIONS

1. ORDERS ARE SUBJECT TO APPROVAL BY BULLINGTON LUMBER'S SALES DEPARTMENT AND CREDIT DEPARTMENT.

2. ANY ACCOUNT MORE THAN 30 DAYS PAST DUE WILL ACCRUE INTEREST CHARGES AT THE RATE OF 1 1/2 PER MONTH ON THE OUTSTANDING BALANCE UNTIL PAID IN FULL.

3. ANY SHIPPING DATES SPECIFIED HEREIN ARE ESTIMATES ONLY AND NOT GUARANTEED. BULLINGTON LUMBER SHALL NOT BE LIABLE FOR DELAY OR DEFAULT IN DELIVERY FOR ANY CAUSE BEYOND BULLINGTON LUMBER'S REASONABLE CONTROL, INCLUDING, BUT NOT LIMITED TO GOVERNMENT ACTION, SHORTAGE OF LABOR, RAW MATERIAL, PRODUCTION OR TRANSPORTATION FACILITIES, LABOR DIFFICULTY, FIRE, FLOOD OR ACCIDENT.

4. ALL TAXES AND EXCISES OF ANY NATURE WHATSOEVER NOW OR HEREINAFTER LEVIED BY GOVERNMENT AUTHORITY UP ON THE SALE OF ANY GOODS COVERED HEREBY SHALL BE PAID AND BORNE BY BUYER, AND BUYER SHALL INDEMNIFY BULLINGTON LUMBER FROM ANY OBLIGATION TO PAY THE SAME.

5. DELIVERY OF GOODS BY BULLINGTON LUMBER TO CARRIER SHALL BE DEEMED DELIVERY TO BUYER, AND THEREUPON TITLE TO SUCH GOODS, AND RISK OF LOSS OR   DAMAGE, SHALL BE BUYERS.

6. BULLINGTON LUMBER SHALL NOT BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL LOSS, DAMAGE, OR EXPENSE DIRECTLY OR INDIRECTLY ARISING FROM THE SALE, HANDLING OR USE OF GOODS, OR FROM ANY OTHER CAUSE RELATING THERETO, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY, PROPERTY DAMAGE, OR LOST PROFITS. BULLINGTON LUMBER'S LIABILITY HEREUNDER IN ANY CASE IS EXPRESSLY LIMITED TO THE REPLACEMENT (IN THE FORM ORIGINALLY SHIPPED) OF GOODS NOT COMPLYING WITH THIS AGREEMENT, OR AT BULLINGTON LUMBER'S ELECTION, TO THE REPAYMENT OF, OR CREDITING BUYER WITH AN AMOUNT EQUAL TO THE PURCHASE PRICE OF SUCH GOODS, WHETHER SUCH CLAIMS ARE BASED ON BREACH OF WARRANTY OR NEGLIGENCE. ANY CLAIM WITH REFERENCE TO GOODS SHALL BE DEEMED WAIVED BY BUYER UNLESS MADE IN WRITING WITHIN 24 HOURS AFTER SHIPMENT IS RECEIVED. BUYER ACKNOWLEDGES THAT THE REMEDIES HEREIN CONSTITUTE ITS SOLE AND EXCLUSIVE REMEDIES.

7. ANY COMPLAINT AS TO GRADE OR COUNT MUST BE MADE TO THE SELLER IMMEDIATELY. AND UNDER NO CONDITION WILL THE SELLER BE RESPONSIBLE IF THE   COMPLAINT IS NOT MADE BEFORE THE MATERIAL IS USED IN CONSTUCTION OR FABRICATION OR ITS CHARACTER IS CHANGED IN ANYWAY. ALL MATERIAL ON WHICH   A COMPLAINT IS MADE MUST BE FULLY PROTECTED AGAINST ALL CONDITIONS THAT  WOULD CREATE ADDITIONAL DAMAGE, OR TEND TO INCREASE THE COMPLAINT.   CLAIMS ON GRADE ARE SUBJECT TO OFFICIAL INSPECTION.

8. BULLINGTON LUMBER RESERVES THE RIGHT TO REQUIRE PAYMENT FOR ANY SHIPMENT HEREUNDER IN ADVANCE OR SATISFACTORY SECURITY FOR PAYMENT FROM BUYER IF THE FINANCIAL CONDITION OF THE BUYER BECOMES UNSATISFACTORY TO BULLINGTON LUMBER. IF THE BUYER FAILS TO MAKE PAYMENT IN ACCORADANCE WITH THE TERMS OF THIS AGREEMENT OR IF BUYER FAILS TO COMPLY WITH ANY PROVISION HEREOF, BULLINGTON LUMBER MAY, AT ITS OPTION.  (AND IN ADDITION TO OTHER REMEDIES), CANCEL ANY UNSHIPPED PORTION OF THIS ORDER.

9. GOODS CANNOT BE RETURNED, AND ORDERS ONCE ACCEPTED CANNOT BE CANCELLED WITHOUT BULLLNGTON LUMBER' S PRIOR WRIITEN CONSENT.

10. BUYERS PURCHASE OF BULLINGTON LUMBER'S PRODUCTS HEREUNDER REPRESENTS ACCEPTANCE OF BULLINGTON LUMBER'S TERMS AND CONDITTONS OF SALE, WHICH CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE PARTIES AND SUPERCEDE ANY AND ALL PREVIOUS OR CONTEMPORANEOUS COMMUNICATIONS, REPRESENTATLONS, OR AGREEMENTS BY EITHER PARY, WHETHER VEBAL, OR WRITTEN. NO TERMS OR CONDITIONS IN ANY WAY ADDING TO, MODIFYING, OR OTHERWISE ALTERING THE PROVISIONS STATED HEREIN SHALL BIND BULLINGTON LUMBER UNLESS IN WRITING AND SIGNED AND APPROVED BY AN OFFICER OR OTHER AUTHORIZED PERSON.

11. BULLINGTON LUMBER DISCLAIMS ANY AND ALL EXPRESSED OR IMPLIED WARRANTIES NOT SPECIFICALLY GIVEN HEREIN, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE IN CONNECTION WITH BUYER'S PURCHASE OF ANY GOODS UNDER THESE TERMS AND CONDITIONS.

12. BUYER AGREES TO PAY ALL COST, INCLUDING REASONABLE ATFORNEY'S FEES INCCURRED BY BULLINGTON LUMBER IN ENFORCING ITS RIGHTS UNDER THE TERMS OF THIS CONTRACT.

13. BUYER UNDERSTANDS LUMBER AND/OR PRODUCTS PURCHASED FROM BULLINGTON ARE MILL/APPEARANCE GRADE SPECIFICATIONS OF BULLINGTON LUMBER. THIS ALSO MEANS NON ASSOCIATED MILL GRADE LUMER IN ACCORDANCE WITH BULLINGTON LUMBER SPECIFICATIONS.

14. BUYER UNDERSTANDS ALL TREATED AND/OR NON TREATED MATERIAL IS NOT THIRD PARTY INSPECTED, BUT RATHER INSPECTED TO BULLINGTON LUMBER'S SPECIFICATIONS. THIS AGREEMENT SHALL BE GOVERNED IN ACCORDANCE WITH THE LAWS OF THE STATE OF ALABAMA.

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Bullington Terms & Conditions