Terms and Conditions of Sales

The purchase of the products detailed in the customer’s invoice is contingent upon the Buyer’s agreement to the commitments, stipulations, and conditions provided below, regardless of whether they are in addition to or divergent from any terms and conditions proposed by the Buyer. Amazon Hardwoods LLC opposes any supplementary or distinct terms from the Buyer and retains the prerogative to modify its terms and conditions without the need for written notification.

Shipping

The Goods will be delivered with the FOB (Free On Board) point of shipment. Truck freight expenses are not included in the pricing available on our website or in written or verbal quotations unless explicitly mentioned in the quotation. Freight costs are non-refundable, except in cases of complete loss.

Once orders are placed, processed, and payment is approved, products are dispatched using common carrier freight, dedicated truck load carriers, or UPS Ground, unless specified otherwise.

We typically ship orders within 1 to 5 business days. Custom and special order items may have longer lead times. To confirm the production lead times for specific products, please consult your sales representative when placing your order.

Amazon Hardwoods LLC will send an email or text message to the designated contact person listed on the billing address for each order once the product has been shipped. This communication will include essential shipping details, such as the name of the shipping or trucking company, their phone number, and the shipment tracking number. The trucking company will get in touch to arrange a specific delivery time window.

If you have a specific delivery date requirement, please contact your sales representative to confirm product availability. All the shipping times provided are approximate estimates. We cannot guarantee specific delivery dates or time frames for any product or order. Therefore, if your order has time constraints, it’s advisable to place it well in advance.

Amazon Hardwoods LLC is not liable for shipments that are lost, misplaced, delayed, or damaged during transit by the freight carriers.

In the case of business freight deliveries or deliveries to locations with a loading dock, it is the responsibility of the receiving party to unload the product from the truck, typically using a loading dock or forklift.

For residential or non-dock deliveries, the freight company is obligated to transport the material to the tailgate of the truck. It then becomes the responsibility of the receiving party to manually unload the material and place the product on the ground.

It is essential to thoroughly examine all materials and packages for potential damage during transportation. The receiving party bears the sole responsibility for conducting a comprehensive inspection of the product upon delivery to detect any potential damage. Amazon Hardwoods LLC is

Not liable for any damage to products incurred during shipping. To ensure a thorough inspection, we recommend removing any protective wrapping and inspecting the product before the delivery driver departs. Additionally, please count the items before signing the Delivery Receipt.

Once the Delivery Receipt is signed without any exceptions noted, the responsibility shifts entirely to the receiving party, and the trucking company will not entertain claims if the Delivery Receipt does not include any issues. In the event of damaged products, they should be signed for as “damaged.”

If you discover any damage to the product, it is crucial to contact your Amazon Hardwoods LLC sales representative immediately, before unloading the material. Your sales representative will provide you with further guidance on how to handle the damaged material.

In cases where damage occurred during transit, it is imperative to detail all damages on the Delivery Receipt and have it signed by the driver. A copy of the Delivery Receipt must be faxed, emailed, or mailed to Amazon Hardwoods LLC to initiate a damage claim with the trucking company on our customer’s behalf, enabling us to send replacement products.

Please take photographs of the damaged product while it is still on the truck, as this will assist in processing the damage claim. The damaged product will need to be returned to Amazon Hardwoods LLC, and the shipping company may have the right to inspect or claim the product if a damage claim is filed or paid.

All damage claims must be submitted within 72 hours of delivery through email and telephone contact, accompanied by photos and a list of the materials claimed to be damaged or defective.

Any extra charges that were not previously paid or specified at the time of the order, including but not limited to inside delivery, address changes, limited access fees, redelivery, and storage fees, will be the exclusive responsibility of the customer unless explicitly outlined in the customer’s order as part of the shipping costs that were prepaid by the customer at the time of the order.

The ability to make a delivery is ultimately determined by the discretion of the freight carrier. If the freight carrier determines that it cannot deliver the materials to the designated delivery (shipping) address, it becomes the customer’s responsibility to retrieve the materials from the freight carrier terminal, unless alternative arrangements can be arranged.

Customers are obligated to inform Amazon Hardwoods LLC at the time of placing the order if their delivery location presents potential issues related to limited access. These issues may include, but are not restricted to, challenges such as limited space for a truck to maneuver, obstacles like low-hanging power lines or tree branches, and weight and size restrictions. It’s important to note that accessories services, such as specialized handling or equipment, are not guaranteed. If a delivery is attempted but cannot be completed due to unforeseen limited access issues, any resulting re-delivery or storage charges will be invoiced to the customer.

If the customer refuses delivery for reasons other than those explicitly outlined in the written order document, the customer will be held responsible for covering all initial shipping costs, as well as any expenses associated with re-delivery or return shipping. It’s essential to understand that all freight deliveries are made to curbside locations, which means they are delivered next to the curb on the

Street. Drivers are not obligated to transport freight into driveways or garages, and inside delivery services are not offered.

The party receiving the shipment is responsible for the proper disposal of all packing materials and dunnage, which includes but is not limited to pallets, crates, straps, bubble wrap, cardboard, paper, and shrink wrap. It’s important to note that the receiving party should not attempt to load any packing material or dunnage back onto the shipping carrier’s vehicle or trailer. This condition does not apply if the delivery is refused.

Order Pickup

Materials that remain uncollected for more than 15 days after the order has been completed may be liquidated, and any funds previously paid for the order will be lost.

Risk of Loss

Upon delivery of the Goods to the carrier and in accordance with legal provisions, the Buyer assumes full responsibility for any potential loss or damage, regardless of whether the delivered products conform to the specifications or not. This includes situations where the Buyer may have the right to reject the products or has rightfully revoked acceptance. It’s important to understand that facing such risks does not relieve the Buyer from their obligations outlined in this agreement.

Credit

Approval for any credit is contingent upon the final approval by an authorized officer of Amazon Hardwoods LLC, located at its main warehouse in Hartford, CT. In addition, any credits granted will be subject to the prior settlement of any outstanding and overdue balances.

Modifications

No alteration or adjustment to any commitment, provision, or sales condition will be valid or enforceable unless it is endorsed by an officer of Amazon Hardwoods LLC. Any modifications to orders will be assessed on a case-by-case basis, considering the extent of changes required, and may be subject to additional charges.

Claims

In order to qualify for the resolution of any type of claim, the Buyer must adhere to the following conditions:

• General Claims (excluding non-receipt): Any claims, except those related to non-receipt, must be reported to Amazon Hardwoods LLC within three days from the date of shipment receipt.
• Non-receipt Claims: Claims for non-receipt must be submitted in writing to Amazon Hardwoods LLC within thirty days from the date of receiving the invoice.
• Damage Claims: Claims regarding damaged goods must be promptly documented at the time of delivery on the shipping documents and must be co-signed by a representative of the shipping company. Failure to do so may result in the complete forfeiture of the Buyer’s ability to seek damages from the shipper, and it releases Amazon Hardwoods LLC from any corresponding obligations.
• Liability for Warranty or Contract Breach: Responsibility for a breach of warranty or contract will only be recognized after the prompt return of the products alleged to be defective at the expense of the Buyer and after providing proper notice to Amazon Hardwoods LLC, as specified in this paragraph.

Taxes and other additional charges

In addition to the specified price for the Goods, the Buyer is responsible for reimbursing Amazon Hardwoods LLC for any excise, sales, use, or similar taxes associated with the goods or their sale. The Buyer is also responsible for any freight charges (unless an explicit freight allowance is provided), stop-over charges, lot loading charges, demurrage charges, or similar fees related to the transportation or storage of the Goods, which Amazon Hardwoods LLC is legally obligated to pay. These payments are due within ten days from the date of the corresponding invoice.

It is essential to note that the Customer bears sole responsibility for paying any and all taxes required by their local city, state, or municipality. The Customer is also solely responsible for initiating contact, reporting to, and settling any taxes that may be obligatory in applicable municipalities.

Inspection

The Buyer does not possess the right to conduct an inspection, and inspection is not a prerequisite for the Buyer’s obligation to make payment or fulfill any other responsibilities.

Amazon Hardwoods LLC does not offer sales “on approval” or “sale or return” arrangements

We do not conduct sales on an “approval” basis or operate with a “sale or return” policy. However, Amazon Hardwoods LLC may, at its discretion, permit a return. In such cases, the responsibility and cost of the return fall entirely on the Buyer. The return will only be considered valid upon the physical receipt of the returned items by Amazon Hardwoods LLC or as specifically directed by us in writing.

No credit will be issued, either as a refund of funds paid or as an allowance against outstanding amounts, until Amazon Hardwoods LLC has received the returned products in the same condition they were in when initially shipped to the carrier by Amazon Hardwoods LLC for the original delivery to the Buyer. Furthermore, any credits extended are contingent on the prior settlement of any outstanding and overdue payments owed to Amazon Hardwoods LLC.

Unauthorized returns

Product returns that are made without the explicit written consent of Amazon Hardwoods LLC which includes refused shipments without prior approval from Amazon Hardwoods LLC are considered unauthorized returns. Unauthorized returns will not be accepted and may result in additional charges, such as unloading fees, storage fees, disposal fees, and more. The Buyer is responsible for covering both the outbound and return freight charges, along with a restocking fee.

Please note that certain services, such as milling, custom specifications, packaging, and crating, are non-refundable. Additionally, all sales of custom items, including custom decking, mill work, stair components, and S4S (surfaced four sides) lumber, are considered final, and no returns will be accepted for unused or leftover products. Returns for unopened accessories are subject to a 25% restocking fee.

Order cancellation

All orders are automatically processed and forwarded for shipment as soon as they are placed, incurring irreversible fees during this process. While we recognize that there may be circumstances where orders need to be modified, we cannot accommodate such changes free of charge beyond a certain point. Our cancellation policy strictly follows these guidelines:

• Cancellation Before Shipment: If you choose to cancel your order before it has been shipped, a 10% cancellation fee will be applied before any credit is issued to you.
• Cancellation After Shipment: If you decide to cancel your order after it has already been shipped, the cancellation will be treated as a return, and all relevant fees associated with returns will apply.

Refused Deliveries: In cases where orders are refused at the time of delivery, all applicable fees, including restocking, cancellation, and any other relevant fees, will be assessed. Please be aware of these policies and consider them when making changes to your order or refusing deliveries to avoid any additional charges.

Deposits

Refunds of deposits are evaluated on a case-by-case basis by an authorized officer of Amazon Hardwoods LLC. In instances where the Buyer cancels their order after processing has commenced, the deposits may be subject to forfeiture.

Applicable legislation

The contract for the sale of the Goods will be governed by the laws of the State of Connecticut.

Classification standards

Lumber grades will be determined based on the guidelines set forth by relevant trade associations such as NHLA (National Hardwood Lumber Association), or in situations where such guidelines are not available, the determination will be made in accordance with industry-standard practices and trade customs.

Similarly, flooring grades will be established in accordance with the regulations established by applicable trade associations like NWFA (National Wood Flooring Association), NOFMA (National Oak Flooring Manufacturers Association), MFMA (Maple Flooring Manufacturers Association), or, in the absence of such regulations, by following customary industry procedures.

Premium Decking & Siding Grading

• Up to 3% of wormholes are permitted on one face only, specifically on the clear side. On the clear face, wormholes are only acceptable on the edge within an additional 1-inch margin.
• Sapwood and “stained sapwood” are only allowed along the edges of one face. The other face must be free of sapwood or stains, and sapwood is not permitted in the middle of the board. Sapwood with pinholes is also not allowed.
• All boards are shipped slightly longer than required to ensure that final cuts can be made before installation.
• Milling defects are acceptable on one face of the board if they have been sanded and do not alter the board’s structure (width and thickness). We do not accept milling defects that impact the board’s structure on either face, but we allow them within the extra 1-inch margin of the board.
• Grain tear-out is permissible as long as the affected pieces are smooth. However, it is considered within the 3%–5% tolerance for total defects.
• Closed knots are only accepted on one face.
• Open knots are not permitted on either face.
• Burn marks are not permitted on either face.
• Warp, bow, crook, cupping, or any similar variations should not exceed 1/8 inch per foot.

The end seal must be a thick wax or paraffin; liquid gel is not permitted.

Warranty

The Seller’s sales representatives do not have the authority to provide warranties regarding the Seller’s products. Verbal statements made by Seller’s employees should not be considered as warranties,

should not be relied upon by the Buyer, and will not be integrated into any sales contract. The complete sales agreement between the Seller and Buyer will be detailed in the order acknowledgement, invoice, and these Terms and Conditions. No additional warranties are provided beyond those outlined in these documents.

Limited Warranty

Seller guarantees that its products are of merchantable quality and comply with applicable industry standards or the standards published by the Seller. If any product sold under this agreement is found to be non-compliant with the aforementioned warranty, the Seller will provide a replacement product that meets this warranty or, at its discretion, offer a fair allowance for the non-compliant product. Any claims related to the goods must be made in writing to the Seller within 3 days of the Buyer receiving the goods, or else the claim will be considered waived.

The Buyer acknowledges that the remedies provided in this agreement are its only and exclusive remedies. The Seller does not provide any warranties beyond those explicitly stated herein and specifically disclaims any implied warranties, including the warranty of fitness for a particular purpose. The sole responsibility of the Seller and the exclusive remedy of the Buyer is as outlined in this agreement.

The Seller shall not be held liable for consequential, indirect, or incidental damages, loss of profit, or for any amount exceeding the price of the shipment in question, whether related to the above warranty or any other aspect of this agreement. Any legal claims or actions against the Seller for breach of this agreement, including the warranty provided above, must be initiated within one year after delivery.

Waiver of Liability

The purchaser agrees to the following terms:

• Amazon Hardwoods LLC, its agents, affiliates, suppliers, or employees shall bear no liability except for, at our sole discretion, the replacement of wood or offering a refund, as per the policies outlined above.
• In no circumstance shall Amazon Hardwoods LLC or its affiliates be liable for any other form of liability, whether financial or otherwise, related to any item sold, offered for sale, provided as a free sample, or any other service, advice, suggestions, or consultations, whether paid or unpaid.
• The purchaser commits to employing commonly accepted safety practices, using wood for any purpose at their own risk, and fully comprehending all safety procedures as specified by recognized safety authorities (excluding Amazon Hardwoods LLC or its agents) before commencing any project that may carry a risk of personal injury, death, or property damage. Woodworking is inherently dangerous, and the purchaser must exercise appropriate safety precautions.
• Safety is entirely the responsibility of the purchaser and is not the responsibility of Amazon Hardwoods LLC, its affiliates, or its agents.

The purchaser is responsible for consulting with an allergist regarding any substance to which they may be allergic. Allergies can be triggered by various factors, including air contaminants and natural items like foods and wood. The purchaser assumes full responsibility for any allergic reactions and, by purchasing wood from the Seller, specifically releases Amazon Hardwoods LLC and its affiliates from any liability, of any kind, for any allergic reactions they may experience.

Orders

By accepting an estimate, you are essentially making an offer to purchase goods. If we accept your offer, it will result in a binding contract, and you agree to abide by the entire policy outlined here. No other forms of communication, whether written, verbal, faxed, or in any other format, will take precedence over this policy. Please be aware that products will not be dispatched until we have received authorization from your payment card issuer. We will not be held responsible for any delays, and we will not confirm your order if payment authorization is not granted.

Certain steps must be followed for a contract to be established, as outlined below:

1. After placing your order, you will receive a confirmation communication detailing the products you have selected. It’s important to note that this communication does not constitute an acceptance of your order from us. We retain the right to decline your order, and, for instance, we will not accept your order if:

• • We do not have the products in stock.
  • Your payment is not authorized.
  • There is an error on our website regarding the price or other product details.
  • You have canceled it as per the provided instructions.

2. We reserve the right to refuse or cancel any order and refund the customer’s payment due to pricing errors or any other valid reason.

Prices

Please note that all prices are subject to change without prior notice.