NOTICE TO PROPERTY OWNER If bills are not paid in full for the labor, service, equipment, or materials furnished or to be furnished, a mechanic’s lien leading to the loss, through court foreclosure proceedings, of all or part of your property being so improved may be placed against the property even though you have paid your contractor in full. You may wish to protect yourself against this consequence by (1) requiring your contractor to furnish a signed release by the person or firm giving you this notice before making payment to your contractor, or (2) any other method or device which is appropriate under the circumstances (CCP-3097).

WARNING: Drilling, sawing, sanding or machining wood products generates wood dust, a substance known to the State of California to cause cancer. Avoid inhaling wood dust or use a dust mask or other safeguards for personal protection. (California Health and Safety Code Section 25249.6)

TERMS OF SALE

All orders, sales contracts, or shipments will be accepted and executed by Wayside Lumber, with the following TERMS and CONDITIONS:

1. TERMS: Accounts due 10th of month following date of purchase. A FINANCE CHARGE of 2% PER MONTH (AN ANNUAL PERCENTAGE RATE of 24%) or the maximum legal rate will be applied to all unpaid balances from due date thereof. MINIMUM FINANCE CHARGE $1.00. Title to all merchandise described herein is reserved in the seller until paid for.

2. Delay in failure to make deliveries (total or partial) due in whole or in part to strikes, lockouts, labor troubles, fires, windstorms, floods, acts of God, inability to secure cars, and or any other causes beyond our control will not constitute a default.

3. Shipments shall be inspected upon receipt and if any errors or irregularities exist, they must be reported to us in writing before using the merchandise and within 5 days of receipt of goods, otherwise no claims or adjustments of any will be recognized. We assume no responsibility in the use of the merchandise shipped and when placed in work constitutes acceptance by the customer.

4. A 20% minimum handling charge will be made on all stock items returned for credit. No goods shall be returned to us without our consent. No returns or exchanges, regardless of condition, after 30 days. No returns accepted on COD without original receipt.

5. Any adjustment for defective material shall be made on a basis of replacement of the material and no other basis.

6. A 50% deposit is required for all special orders, custom orders must be paid for in advance and are non-refundable. No deposits will be refunded after 30 days. No returns accepted on special order items.

7. Cash, check or credit cards on all CODs BEFORE delivery.

8. For your protection all invoices are subject to price verification. Corrections will be reflected in your monthly statement.

9. Delivery made to curb only; not responsible for broken sidewalks, curbs, walks, etc. when delivery requested to be made on the premises. Purchaser assumes responsibility for damages which result from any such delivery.

10. Purchaser agrees to have supervisory or knowledgeable personnel at job or delivery location to accept load, in the event materials are delivered on schedule and left unattended, rolled-off, etc., Purchaser assumes all risk of loss or shortage that may occur after delivery.

11. As indicated on the reverse hereof, Purchaser agrees to pay all costs of collection, including attorney’s fees, court costs and related costs, whether or not litigation is commenced, in the event any action or proceeding is required, in the judgement of the Seller, to enforce payment of the goods and/or materials represented by this invoice(s).

12. Wayside Lumber will not be responsible for any loss or consequential damage in the event of any defect in the goods or merchandise sold unless the goods have been special ordered or manufactured to Purchaser’s specifications. LIABILITY WILL BE LIMITED TO REPLACEMENT OF THE GOODS SOLD and there is no express or implied warranty applicable to this sale. Wayside Lumber will not be liable for removal of defective goods or merchandise or reinstallation of the same in the event of defect.

Terms of Sale