Website Terms of Sale
AbacoDecking.com Terms of Sale
Last Updated: December 3, 2015
By purchasing goods from www.AbacoDecking.com (the "Website"), owned and operated by UNIVERSAL FOREST PRODUCTS (the "Company," "us", "we", or “our”), you are agreeing to Terms of Sale as in effect at the time of your purchase. We may update the Terms of Sale at any time, and if you purchase goods from our Website after the Terms of Sale are updated, that will indicate your acceptance of the updated Terms of Sale. You should check back here from time to time to review the Terms of Sale currently in effect. IF YOU DO NOT AGREE TO THESE TERMS OF SALE, DO NOT PURCHASE GOODS FROM THE WEBSITE.
- Sale. You agree that, from time to time, we may sell goods to you, and you will purchase such goods according to these Terms of Sale.
- Delivery. All goods will be sold FOB carrier. Risk of loss and title to the goods will pass to you upon delivery of the goods to the carrier. All costs of shipping will be paid by you, whether or not prepaid by us, unless otherwise agreed. You must file all claims for loss or damage that occurs while the goods are in transit against the carrier. You acknowledge that any person with apparent authority at the delivery location you designate may accept the delivered goods and sign any bill of lading or delivery receipt for the goods.
- Terms of Payment. Payment for the entire purchase price of the goods will be pre-paid in full and will be made electronically at the time of purchase by credit card or debit card that can also be processed as a credit card without the use of a PIN number. If we do not receive authorization from your credit card or debit card provider for the proposed charges, then we will not sell you any goods.
- Returns & Refunds. If you believe you have received a defective good, you must contact us at email@example.com or 305-556-8003 within one (1) week of delivery to make a claim, and failure to make a claim with such one (1) week period will constitute acceptance of the goods and waiver of your right to return such goods. You may not return the goods to use without pre-authorization, and you will be responsible for any shipping charges you incur to send the goods to us. In all cases, your exclusive remedies for defective goods will be, at our discretion, refund of the purchase price paid, repair of the defective goods (if possible), or replacement of the defective goods.
- Sales Tax. Any sales tax, use tax, or any other fee, tax, or charge imposed by any governmental authority will be added to the price and paid by you. All sales are subject to any governmental action by which they may be affected.
- Cancellation. We reserve the right to cancel or extend the time for delivery because of delays caused by accidents, strikes, sabotage, labor shortages or disturbances, impediments in transportation, car or vessel shortages, fire, flood, war and government commandeering, or any other events and causes beyond our control. We reserve the right to refuse service, terminate accounts, and/or cancel orders if we believe that your conduct has or will violate applicable law or is harmful to the interests of the Company or its affiliates.
- Specifications of Goods. If we create custom goods constructed to your specifications, you understand and acknowledge that we will have expended time, labor, and materials for which we are entitled to compensation. You further understand and acknowledge that upon beginning construction, your goods are unique to you and cannot be sold to third parties in mitigation of any damages we suffer in the event you fail to make timely payment to us. Consequently, all custom goods orders are non-cancellable, and all related fees are non-refundable.
- Limited Warranty. All goods are sold under their applicable Limited Warranty, and your warranty rights and remedies are described in full in the applicable Limited Warranty. The applicable Limited Warranty may be voided under the terms specified in such Limited Warranty. Warranty information regarding any goods on the Website is available at no cost to you by e-mailing us at firstname.lastname@example.org.
- EXCEPT FOR THE APPLICABLE LIMITED WARRANTY, THERE ARE NO OTHER EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, CONCERNING THE GOODS. IN NO EVENT WILL THE COMPANY (OR its officers, directors, employees, representatives, agents, licensors, suppliers, and affiliates) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY, PAIN AND SUFFERING, DEATH, EMOTIONAL DISTRESS, PROPERTY DAMAGE, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, OR LOSS OF GOODWILL), EVEN IF THE COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE GOODS SOLD FROM THIS WEBSITE. Please note that some jurisdictions may not allow the exclusion of certain damages, and consequently, some of the above exclusions may not apply to you but will be enforced to the fullest extent permitted under law.
- Legal Fees. Where permitted, all costs of enforcement of these Terms of Sale, including, but not limited to, reasonable attorneys’ fees incurred by us, will be paid by you.
- Severability. If any term or other provision of these Terms of Sale is determined to be invalid, illegal, or incapable of being enforced due to any rule of law or public policy, all other conditions and provisions of these Terms of Sale will nevertheless remain in full force and effect so long as the economic or legal substance of the transactions contemplated by these Terms of Sale is not affected in any material adverse manner to either party. Upon such determination that any term or other provision is invalid, illegal or incapable of being enforced, any court or other tribunal adjudicating the rights and duties of the parties under these Terms of Sale will alter, modify or strike portions of these Terms of Sale so that they will be enforceable to the fullest extent permitted by law and consistent with the intent and purpose of the parties.
- Binding Effect. These Terms of Sale will apply to each and every purchase made by you from us and will supersede all prior or contemporaneous oral or written communications, agreements, or understandings.
- Applicable Law. These Terms of Sale will be interpreted and construed in accordance with the substantive laws of the State of Michigan without respect to any conflicts of law rules or principles which would otherwise require the application of another state’s law. Any and all actions concerning any dispute arising under these Terms of Sale will be filed and maintained only in the Circuit Courts of Kent County, Michigan, or the Federal District Court for the Western District of the State of Michigan. The parties specifically consent and submit to the jurisdiction and venue of such state or federal courts and irrevocably waive any objections either may have based on improper venue or non-convenient forum to the conducting of any proceeding in any such court.