Firewoodman General Terms & Conditions of Sales
The following terms and conditions govern all sales of Firewoodman products and materials, whether made pursuant to oral or written orders to its representatives, sales reps. or home office.
ACCEPTANCE AND ASSENT
Acceptance by Firewoodman is expressly made conditional upon assent by buyer to all terms and conditions below and on the face hereof. The buyer’s receipt of this acknowledgment without prompt written objection shall constitute acceptance by the buyer of all terms and conditions set forth within, and the order may not be cancelled after acceptance without the consent of the Firewoodman . All sales final.
Payment is due on delivery. In the event that payment is not made, Firewoodman reserves the right to return the goods. Where a delivery charge applies, buyers agree to pay the maximum delivery charges.
The prices set forth on the face hereof are the prices at which such goods were being shipped on the date this order was entered. The price includes 13.5% VAT.
This is a shipment contract. Firewoodman reserves the right to designate the routing on all prepaid shipments. Firewood will attempt to honour but will not guarantee requested shipping or delivery dates.
GOODS USED FOR PERSONAL, FAMILY, OR HOUSEHOLD PURPOSES
As a statement of general policy concerning customer satisfaction on consumer goods, Firewoodman believes its goods are as described and free from defects. Firewoodman makes no written warranty as to such goods other than as set forth on the label or other written materials accompanying such goods. Firewoodman shall not be liable under the printed warranties if any loss or damage is caused by improper application or use of the goods, or if the goods are not applied and used under applicable building codes.
Delay in delivery or non delivery in whole or in part by Firewoodman shall not be a breach of this agreement if performance is made impracticable by the occurrence of one or more of the following contingencies, the nonoccurrence of which is a basic assumption on which the agreement is made: (a) Fires, floods, or other casualties; (b) Wars, riots, civil commotion, embargoes, governmental regulations; (c) Firewoodman’s ability to obtain necessary materials (finished or otherwise) from its usual sources of supply; (d) Shortages of cars or trucks or delays in transit; (e) Existing or future strikes or other labour troubles affecting production or shipment whether involving employees of the Firewoodman or employees of others and regardless of responsibility or fault on the part of the employer; and (f) Other contingencies of manufacture or shipment, whether or not of a class or kind mentioned herein, not reasonably within Firewoodman’s control.
NOTICE OF CLAIM
Any claim defect in material has to be notified on delivery. Firewoodman takes no responsibility thereafter.
Buyer understands and agrees that no representative of the Firewoodman has authority to bind the Firewoodman to any affirmation, representation, or warranty concerning the goods which is not set forth herein; and Buyer further understands and agrees that any such affirmation of fact, promise, or representation made by an agent, employee, or representative of the Firewoodman which is not set forth herein shall not constitute a warranty.
CUSTOM AND USAGE
No course of performance or any course of dealing or usage of trade shall vary the express terms hereof.
This writing is intended by the parties as a final expression of their agreement and is intended also as a complete statement of the terms and conditions of their agreement which can be modified or rescinded only by a writing signed by both parties or their duly authorized agents.