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Affordable Western Log Homes Terms and Conditions Contract Documents- The parties agree that the contract documents shall consist of this agreement. Price and performance dates- The prices shown or given shall apply for all items shipped within 180 days from order execution. This order will not be accepted unless properly signed by Purchaser and accompanied by the required funds agreed upon. Method of Payment- Affordable Western Log Homes will accept a valid Personal Check or Certified Check from Purchaser for funds agreed upon. No materials will be delivered until final payment has been processed. All payments must be received in full before processing of order. Delivery and transportation- Affordable Western Log Homes agrees to use its best efforts to have this order ready for shipment on the scheduled shipping date; however, the parties agree that Affordable Western Log Homes will make arrangements to deliver all goods to a carrier of Purchaser’s choice for transportation to the shipping destination. Costs of transportation will be borne by the Purchaser and all risk of loss shall pass to Purchaser when the goods are delivered to the carrier. Affordable Western Log Homes cannot be held responsible for any expenses incurred because of a delayed delivery schedule, including contract labor expenses, forklift or equipment rental, loss of vacation time or any other type of loss whatsoever. Sales and other taxes- Applicable sales or other taxes must be paid by the Purchaser in accordance with the law of the state imposing the tax. Force Majeure- If Affordable Western Log Homes is unable to complete this order due to Government regulations, wars, strikes, unavailability of materials or labor, acts of God, breakdowns in machinery or unavoidable cause, this order may be canceled by Affordable Western Log Homes upon refunding Purchaser’s payment. Inspection on Arrival- Purchaser agrees to personally inspect the materials furnished pursuant to this contract immediately on their arrival at shipping destination and agrees to give written notices to Affordable Western Log Homes of any claim that the materials do not conform to the terms of the contract documents. If Purchaser fails to give such notice within 5 days of receipt of the package, no claim for shortages, defective materials, or log components not meeting the standards expected will be accepted by Affordable Western Log Homes. If manufacturing errors are encountered they should be corrected at no cost to Affordable Western Log Homes from extra log sections provided with the order. If errors cannot be corrected in this manner, then Purchaser must so inform Affordable Western Log Homes before commencing further construction. Affordable Western Log Homes reserves the options of replacing incorrect components at no cost to Purchaser or negotiating a settlement for on-site correction of errors. No claim for on-site correction will be accepted by Affordable Western Log Homes, unless Affordable Western Log Homes, has approved it in writing prior to the work being performed. Affordable Western Log Homes may require return of all defective material as a condition for providing replacement material or claim settlement. Cancellation and forfeiture- If this order is canceled by Purchaser prior to manufacture of components, the deposit on the log package is fully refundable, unless this purchase was made by auction, and then all sales are final and no refund will apply. As well, if the order is canceled after the manufacture of log components no refund will be returned to purchaser. Materials delivered to the job site are non-refundable and non-returnable, except as stated in the warranty agreement. If delivery is refused, all payments given are non-refundable to Purchaser. Contractor Fault- Affordable Western Log Homes assumes no responsibility whatsoever for any faulty construction made by any private Contractor, Builder or Homeowner of any log structure(s) purchased by purchaser from Affordable Western Log Homes. The Purchaser must ensure that their personal contractor(s) or person(s) building log structure(s) are certified and/or qualified for construction with all applicable laws in the state construction will take place. Purchaser is responsible for any engineering requirements in their state and Affordable Western Log Homes assumes no responsibility in the matter. Affordable Western Log Homes is not classified as a Contractor, Subcontractor or the like. We are only a material log supply provider. Accidents- Affordable Western Log Homes assumes no responsibility for ANY accidents/injuries that may take place at the construction site where log components purchased by purchaser from Affordable Western Log Homes. Warranties- Affordable Western Log Homes warrants to the purchaser as follows: (1) Solid wall and gable logs furnished by manufacturer as a part of the log package are natural wood, meeting the specifications of ASTM Standard D 3957 and are structurally sound as defined by the referenced ASTM Standard. Affordable Western Log Homes will replace log components not meeting the specifications of ASTM Standard D3957 at not cost to Purchaser, if notified by Purchaser in writing no more than 5 days from date of delivery at the shipping destination. (2) Change in components whether by discoloration, weathering, streaking, checking or other cause is specifically excluded from this warranty. Log components furnished are not treated by the manufacturer with any chemical preservative. Natural wood exposed to the weather must be properly caulked and sealed with a wood preservative by Purchaser in order to avoid air or water maintenance by Purchaser in order to avoid air or water infiltration or attack by rot, fungus, or insects. Such maintenance by Purchaser includes, but not limited to, the checks, the timely reapplication of water repellent penetrating wood preservative to all weather exposed wood surfaces, and proper control of humidity with the building. There are no warranties of fitness, merchantability or otherwise which extend beyond the provisions of this agreement. |