Terms) are incorporated by reference and made an integral part of the Quote, Order, shipping request, or similar request with Seller and Buyer. In these Terms,
Sellermeans, collectively, Evanston Builders Lumber Co. or Chicagoland Window and Building Products, LLC, as applicable, and their affiliates, and
Buyermeans, collectively, the persons or entities listed on the Quote and Order. These Terms represent the final and complete agreement of the parties, and these Terms apply to all, including future, sales of goods and services by Seller, as far as not modified or excluded by express written agreement by an officer of Seller. Buyer is deemed to have accepted the Terms at each time he/she/it places an order with Seller or executes a Quote, Order, shipping request, or similar request with Seller. Buyer’s only opportunity to reject the Terms is to not place an order with Seller or execute a Quote, Order, shipping request, or similar request with Seller. Any terms and conditions contained in Buyer’s documentation, including, but not limited to, his/her/its’ Quote, Order, shipping request, or similar request, shall not be binding on Seller, unless such terms and conditions explicitly state the intent to modify these Terms and are consented to in writing by an officer of Seller. The forgoing provision applies despite Seller’s actual or constructive knowledge of existing contradictory terms and conditions.
Quote) of the goods Buyer intends to purchase (the
Goods). Such Quote shall be good for twenty one (21) days from the date noted on the Quote, unless agreed to otherwise in writing by Seller and Buyer.
Order, and a separate, formal purchase order, job summary, or agreement also an
Order). In the event of any conflicting terms between a Quote and an Order, the terms of the Order shall control. Buyer shall be responsible to Seller for ensuring the accuracy of the terms required by Buyer on any Order, including any applicable submitted specifications, and for giving Seller any necessary information relating to the Goods or related services to enable Seller to perform these Terms.
Storage Period) in which to pick up the Goods from Seller. Seller shall not be responsible for the Goods after the Storage Period, and Goods remaining with Seller after the Storage Period may (i) be subject to a storage fee assessed by Seller, or (ii) taken back into Seller’s inventory and no longer be available to Buyer.
Claim). A failure to provide Seller notice of the Claim within one (1) business day of the date of the delivery or pick–up of the Goods shall constitute Buyer’s complete acceptance of the Goods in the manner, amount, and conformity delivered. Should Buyer timely submit a Claim to Seller, Seller shall have a commercially reasonable period of time in which to remedy such Claim. Buyer shall give Seller reasonable access to his/her/its facilities or relevant job site in order to inspect the Goods in order to remedy the Claim. A failure of Buyer to provide Seller reasonable access to his/her/its facilities or relevant job site shall constitute a waiver of the Claim, and Seller shall not be liable to Buyer for any shortages in or non–conformity of the Goods in such event.
Purchase Priceshall be the price for the Goods listed on the Order. In the event no price for the Goods is listed on the Order, the
Purchase Priceshall be the price listed on Seller’s standard price list current as of the date of the Order. The Purchase Price shall not include taxes, levies, or charges against the Goods and/or related services, nor shall it include freight, delivery, or transportation charges or taxes, and Buyer shall be responsible for the payment of all taxes, levies, or charges against the Goods and/or related services, and freight, delivery, and transportation charges and taxes.
Invoice). All Invoices are due and payable within thirty (30) days following Seller’s delivery of the Invoice to Buyer, or pursuant to any other payment terms listed on the Order. The time of payment of the Invoice shall be of the essence of these Terms.
Return and Restocking Fee, the amount of which is to be determined in Seller’s sole discretion after reviewing the actual cost to Seller of the return and restocking of the Goods.