The purchase and sale of the Material described on the face hereof is made subject to the following terms, conditions and provisions which are part of the same and do apply unless stated otherwise on the face hereof.
ASSIGMENT - No assignment or transfer of this agreement shall be valid unless agreed to in writing by both parties.
CONDITIONS OF DELIVERY - Buyer shall have an agent on the job site for receipt for all materials. In case of agent's absence Evanston Lumber may, at its option, deliver the same, and the driver's signature and statement in writing as to articles so delivered and receipted for, as above, shall become the sole responsibility of the buyer hereafter. Acceptance of any delayed delivery materials shall constitute a waiver of any claim arising as the result of said delay.
SHORTAGES OR MISMANUFACTURE - Incidents of mismanufacture or material shortage must be reported to Evanston Lumber verbally immediately upon delivery and confirmed in writing within 2 days of delivery. If the condition of the mismanufactured item is not apparent, then the said report should be made within 2 hours of discovery but in no case more than 14 days after delivery. Evanston Lumber shall be afforded the right to inspect and adjust said item within reasonable time after written notice is received. Failure to give said notice or opportunity to inspect shall constitute a waiver of claims.
DELIVERY DATES - Evanston Lumber shall have the right in its sole discretion to schedule and reschedule all delivery dates.
MATERAL RETURNED - Unless due to Evanston Lumber's error no material is to be returned or credit allowed without Evanston Lumber's prior authorization. Authorized items, in good condition, are credited at invoice price less 10%.
RIGHTS OF MECHANIC'S LIEN - Buyer, as an inducement to Evanston Lumber to sell and deliver the items agreed upon hereby expressly represent to Evanston Lumber that the buyer has not done, and will not do, either directly or indirectly, anything whatsoever which has, or will have, the effects of releasing, waiving, or surrendering the mechanic's lien rights of Evanston Lumber property to be improved.
INSURANCE - Upon buyer's written request Evanston Lumber will furnish evidence of its insurance satisfactory to buyer's reasonable needs.
ALLOCATION/SUBSTITUTION - Evanston Lumber reserves the right, to allocate and/or substitute items available to it in the market at the time of the shipment. Buyer may refuse such substituted or allocated items at the time of delivery but not after delivery. If rejected at the time of delivery the Buyer has no further obligation to Evanston Lumber. If not rejected at delivery the Buyer owes for the items.
PAYMENTS/DEFAULT - All invoices are due and payable NET on or before 10th day of the next month following delivery. No discount shall be taken or allowed on millwork, hardware or fabricated building parts. In case buyer becomes, or is, insolvent, bankrupt or any proceeding materially effecting his business or property is instituted against buyer, or buyer fails to pay Evanston Lumber invoices when due, Evanston Lumber shall, at is option, be free to curtail or discontinue its lumber deliveries for so long as such condition shall continue. Moreover, a buyer who does not pay shall be liable for all costs, including attorneys fees, incurred by Evanston Lumber in connection with collecting the unpaid amounts due. Moreover, the buyer agrees that any disputes shall be litigated in Cook County, Illinois, and that the buyer waives any right to a jury in any such matter.
TAXES - Buyer shall be obligated to pay all such taxes applicable at time of delivery.
GRADES & INSPECTION - The grades of materials proposed are to be standard grades of the association under which each items of material is manufactured. Such rules shall govern all disputes regarding quality, quantity and measurement and the official report of the inspector or other authorized agency shall be final and binding upon all parties.
IMPLIED WARRANTIES -Seller MAKES NO WARRANTY OF MERCHANTABLITY except that it warrants that the materials will pass without objection in the trade under proposal description, further, SELLER MAKES NO WARRANTY THAT MATERIALS TO BE SOLD HEREUNDER ARE FIT FOR ANY PACTICULAR PURPOSE.
CONSEQUENTAIL DAMAGES - Evanston Lumber is not liable for any consequential damages of any nature or kind in connection with lumber or materials sold to the buyer.
VERBAL AGREEMENT - This contract constitutes the entire agreement between the parties. All prior negotiations and agreements are merged into this agreement. Any changes must be in writing and signed by the parties.
TITLE OF GOODS - Title to material delivered to or picked up by the customer remains vested with Evanston Lumber until the customer makes full payment for materials.
Send your inquiry in writing so that the creditor receives it within 15 days, after the bill was received by you but in no case more than 30 days after it was mailed. Written inquiry must include:
• Your name and account number (if any)
• A description of the error and why (to the extent you can explain) you believe it is an error: and
• The dollar amount of the suspected error.
We will review the issue and respond in writing as soon as practical. Our aim is to have a satisfied customer, and we will work with you to resolve any legitimate dispute.
TO: ALL LUMBER CUSTOMERS
CAUTION: WOOD DUST
SAWING, SANDING OR MACHINING WOOD PRODUCTS CAN PRODUCE WOOD DUST WHICH CAN CAUSE A FLAMMABLE OR EXPLOSIVE HAZARD.
WOOD DUST MAY CAUSE LUNG, UPPER RESPIRATORY TRACT, EYE AND SKIN IRRITATION. SOME WOOD SPECIES MAY CAUSE DERMATITIS AND/OR RESPIRATORY ALLERGIC EFFECTS.
For additional information, see the Materials Safety Data Sheet.
TO: TREATED LUMBER CUSTOMERS
• Dispose of treated wood by ordinary trash collection, TREATED WOOD SHOULD NOT BE BURNED in open fires or in stoves, fireplaces or residential boilers because toxic substances may be produced as part of the smoke and ashes. Treated wood from commercial or industrial use(e.g. construction sites) may be disposed of by complying with local landfill rules or burned in commercial or industrial incinerators or boilers when done in accordance with state and federal regulations.
• Avoid frequent or prolonged inhalation of sawdust from wood, treated or untreated. When sawing, sanding, and machining wood, wear a dust mask. Whenever possible, these operations should be preformed outdoors to avoid indoor accumulations or airborne sawdust.
• When power-sawing and machining, wear goggles to protect eyes from flying particles.
• Wear gloves when working with wood. Use proper techniques when lifting. After working with wood, and before eating, drinking, toileting, and use of tobacco products, wash exposed areas thoroughly.
• Because the preservatives or sawdust may accumulate on clothes, they should be laundered before reuse. Wash work clothes separately from other household clothing.
• All sawdust and construction debris should be cleaned up and disposed of after construction.
• Do not use treated lumber under any circumstances where the preservative may become a component of food or animal feed. Examples are mulch from recycled treated wood, cutting boards, counter tops, animal bedding, and structures or containers for storing animal feed or human food.
• Only treated wood that is visibly clean and free of surface residue should be used where contact is likely.
• Treated wood should not be used where it may come in direct or indirect contact with drinking water, except for uses involving incidental contact such as docks or bridges.
Note: The active ingredients in copper azole are copper and tebuconazole.
IMPORTANT: The information and data contained herein are believed to be accurate and have been compiled form sources believed to be reliable. It is offered for your consideration, investigation and verification. Evanston Lumber makes no warranty of any kind, expressed or implied concerning the accuracy or completeness of the information and date herein. Evanston Lumber will not be liable for claims relating to any partyâ€™s use of or reliance on information and data are inaccurate, incomplete or otherwise misleading.