TERMS OF SALE

NOTICE: Claims for shortage will not be allowed unless made at time of delivery.

ALL ORDERS are subject to acceptance dependent upon availability of material.

ALL ORDERS are accepted subject to prices in effect at time of shipment.

ALL PRICES are subject to change without notice.

TERMS OF SALE: Net 10th E.O.M. (End Of Month) following purchase. Any discounts given will be disallowed if not paid by the 10th of the month following sale. Payment on account must be by cash or check only. Debit cards or credit cards are accepted as payment only if the customer agrees to pay a 2% surcharge.

SERVICE CHARGE & COLLECTION CHARGE: In the event said indebtedness is not paid when due, the undersigned agrees a service charge of 2% per month (24% PER ANNUM) may be charged on all past due invoices. A collection charge will be applied to the face amount of any check returned by the Buyer’s bank for insufficient funds or similar reasons. In the event Buyer’s account is placed with an agency and/or attorneys for collection, Buyer agrees to pay all collection costs, including attorney’s fees and court costs, in addition to the past-due account balance. It is also agreed that the minimum service charge of $1.00 per month will apply to each delinquent account or sub-account.

RETURNED GOODS POLICY – STOCK MATERIALS ONLY: Merchandise will be accepted when returned in good condition within 30 days of shipment, provided that authorization has been obtained. Credit will be allowed at invoiced prices less a restocking charge of up to 100%. Carton-packed items cannot be accepted unless returned in the original sealed carton. Units set up in the shop cannot be returned for credit.

RETURNED GOODS POLICY – NON-STOCK MATERIALS: Merchandise will be accepted when returned in good condition within 30 days of shipment, provided that prior authorization has been obtained and Moore Lumber & Hardware, INC’s supplier agrees to accept the product for credit return. Credit will be allowed at invoiced prices less a restocking charge of at least 35%. Carton-packed items cannot be accepted unless returned in the original sealed carton. Units set up in the shop cannot be returned for credit.

WARRANTIES: No express warranties are given, and no implied warranties shall apply, including without limitation any implied warranties of merchantability and/or fitness for a particular purpose. This shall not affect any express product warranties that are extended directly by product manufacturers.

LIABILITY: The buyer’s sole and exclusive remedy and the sole liability of Moore Lumber & Hardware, INC for defective merchandise shall be the return of goods for replacement or credit in accordance with the above-stated returned goods policy.

CHECKS: No receipt, acceptance, or collection by Moore Lumber & Hardware, INC or its agent of any instrument or payment of a lesser amount than is then due and owing on the Buyer’s account shall be deemed other than on account of the earliest dated invoices on the account or any sub-accounts. Additionally, no restrictive endorsement or statement on any instrument or remittance from Buyer shall be deemed an accord and satisfaction without the express written consent of Moore Lumber & Hardware, INC. Moore Lumber & Hardware, INC may accept any such instrument or other form of remittance as partial payment without prejudice to its right to recover the entire unpaid balance due or pursue any other rights or remedies available at law or in equity.

CREDIT CARD PAYMENTS: Payments made on account by the use of a credit card shall not be accepted without payment of an additional service charge in effect at the time of payment. The minimum service charge is agreed to be 2%.

GOVERNING LAW: Moore Lumber & Hardware, INC is a Colorado Limited Liability Company, and Colorado law shall apply in respect to all sales. The customer agrees to submit to the jurisdiction of the courts of the State of Colorado, County of Douglas, for these purposes.

CHANGES: No additional items, modifications, or waivers of any of the terms and conditions hereof shall be effective against Moore Lumber & Hardware, INC unless approved in writing and signed by an authorized officer of Moore Lumber & Hardware, INC.