, for a price quote or to inquire about the availability of any ipe decking board. In addition to ipe, we also have a wide selection of hardwood decking species including tigerwood, cumaru, and garapa. Ipe Decking Co.
Standard Terms and Conditions of Sale
The sale of goods described on the customer’s invoice
("Goods") is made on the express condition that Buyer assents to the
promises, terms, and conditions set forth below, whether or not they
are additional to or different from any terms and conditions proposed
by Buyer. Ipe Decking Co., objects to Buyer's
additional or different terms. Ipe Decking Co.
reserves the right to change its terms and conditions without written
notice.
1. Deliveries:
The Goods will be delivered FOB place of shipment. Truck freight costs
are not included in pricing provided online at www.ipe-decking.com
or through written or verbal quotes, unless expressly stated on said
quote. Freight costs are non-refundable except in the case of total
loss. Buyers that cancel their orders in the middle of transit will be
responsible for all freight costs.
3. Risk of Loss: After delivery of the Goods to the carrier, and in other circumstances as provided by law, Buyer shall bear all risks of loss, whether or not the products so delivered are conforming or non-conforming, whether or not a right of rejection exists in Buyer's favor, and whether or not Buyer rightfully revokes acceptance. The occurrence of any such risk shall not release Buyer from its obligations hereunder.
4. Credit: Any credit is subject to final approval by an authorized officer of Ipe Decking Co. at its main office in Buffalo New York. All credits will be subject to prior satisfaction of any and all past due balances.
5. Modification: No modification of any promise, term or condition of sale shall be of any force or effect unless signed by an officer of Ipe Decking Co. Order modification is done on a case by case basis by severity of changes and may be subject to additional charges.
6. Claims of Buyer: As a condition precedent to recovery of any claim of any kind, Buyer must comply with the following. All claims of any kind, except nonreceipt, must be made to Ipe Decking Co. within three days after receipt of shipment. Claims for nonreceipt must be made in writing delivered to Ipe Decking Co. within thirty days after receipt of an invoice. Claims of damage must be noted at time of delivery on the shipping documents and countersigned by a representative of the shipping company, failure to do so may result in total loss of Buyers ability to collect damages from the shipper and releases Ipe Decking Co. from their obligations. Liability for breach of warranty or contract shall arise only upon prompt return of the products claimed to be defective at Buyer's expense and after due notice to Ipe Decking Co. of the claimed breach, as set forth in this paragraph 8.
7. Taxes and Other Additional Charges: In addition to the price for the Goods, Buyer will pay Ipe Decking Co. the amount of any excise, sales, use, or similar tax relating to the Goods or their sale, and any freight (unless there is an express freight allowance) stop-over charge, lot loading charge, demurrage charges or the like relating to the transportation or storage of the Goods, which Ipe Decking Co. is legally obliged to pay, within ten days after the date of an invoice for the charge.
8. Inspection: Buyer has no right of inspection; inspection shall not be a condition to Buyer's duty to pay or to any other duty.
9. No Sales "on Approval" or "Sale or Return": No sale is made on approval or under a sale or return. Ipe Decking Co. may, however, at its option, allow a return. Any such return shall be at Buyer's sole risk and expense; return shall be affected only upon actual delivery to Ipe Decking Co. or as otherwise instructed by it in writing. No credit, whether by refund on monies paid or by allowance against monies due, shall be given until such actual receipt by Ipe Decking Co. of return products in the same condition as they were when delivered to the carrier by Ipe Decking Co. for original shipment to Buyer. Credits are subject to the prior satisfaction of any and all past due monies owed to Ipe Decking Co.
10. Acceptance of Delivery:
Upon arrival of the material order via freight note any claims of damage or defect on the original bill of lading. Secondly, any claims of damaged or defective material are to be documented with photographic proof. All claims must be submitted within 72 hours of delivery via email and telephone contact, along with the photos and the list of material claimed to be damaged or defective.
In
the event that damaged/defective material needs to be returned to Ipe Decking Co. it is the buyers sole responsibility
for packaging and reloading of the material for return to us.
11. Unauthorized Returns:
Product returns made without the express written consent of Ipe Decking Co. including refused shipments without the prior
consent of Ipe Decking Co. constitute unauthorized
returns. Buyer accepts responsibility for the outbound and return
freight charges and a 20% restocking fee. Services performed including
milling, pulling to specification, packaging, and crating are
non-refundable. All sales of custom items, including custom flooring,
millwork, stair components, and S4S lumber are final. No returns will
be accepted on unused or leftover product. Returns on unopened
accessories are subject to a 25% restocking fee.
13. Governing Law: The contract for sale of the Goods shall be governed by the laws of the State of New York.
14. Grading Rules: Lumber grades shall be determined by the rules of applicable trade associations (NHLA) or, in the absence of such rules, on procedures which are customary in the industry and on other trade customs. Flooring grades shall be determined by the rules of applicable trade associations (NWFA, NOFMA, MFMA) or in the absence of such rules, on procedures which are customary in the industry.