Maple Creek Mill LLC
Standard Terms and Conditions of Sale
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. Maple Creek Mill, objects to Buyer's additional or different terms.Maple Creek Mill reserves the right to change its terms and conditions without written notice.
1. 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 for forfeited.
2. 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.
3. Credit: Any credit is subject to final approval by an authorized officer of Maple Creek Mill at its main office in Spanish Fork, UT. All credits will be subject to prior satisfaction of any and all past due balances.
4. Modification: No modification of any promise, term or condition of sale shall be of any force or effect unless signed by an officer of Maple Creek Mill. Order modification is done on a case by case basis by severity of changes and may be subject to additional charges.
5. 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 Maple Creek Mill within three days after receipt of order. Claims for nonreceipt must be made in writing delivered to Maple Creek Mill 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 Maple Creek Mill 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 Maple Creek Mill of the claimed breach, as set forth in this paragraph 8.
6. Taxes and Other Additional Charges: In addition to the price for the Goods, Buyer will pay Maple Creek Mill 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 Maple Creek Mill is legally obliged to pay, within ten days after the date of an invoice for the charge.
7. Inspection: Buyer has no right of inspection; inspection shall not be a condition to Buyer's duty to pay or to any other duty.
8. No Sales "on Approval" or "Sale or Return": No sale is made on approval or under a sale or return. Maple Creek Mill 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 Maple Creek Mill 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 Maple Creek Mill of return products in the same condition as they were when delivered to the carrier by Maple Creek Mill for original shipment to Buyer. Credits are subject to the prior satisfaction of any and all past due monies owed to Maple Creek Mill
9. Unauthorized Returns: Product returns made without the express written consent of Maple Creek Mill including refused shipments without the prior consent of Maple Creek Mill constitute unauthorized returns. 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.
10. Deposits: Refunding of deposits are reviewed on a case by case basis by an authorized officer of Maple Creek Mill deposits may be forfeited in the event that Buyer cancels their order after processing has started.
11. Governing Law: The contract for sale of the Goods shall be governed by the laws of the State of Utah.