TERMS AND CONDITIONS
ACKNOWLEDGMENT: All orders will be accepted by Buechel Stone Corporation (“Buechel”) subject to and in accordance with the Terms and Conditions more specifically set forth hereinafter, and which Terms and Conditions are incorporated into the contract entered into between Buechel and Buyer. By placing an order with Buechel, by whatever means, Buyer shall be deemed to have acknowledged and accepted the Terms and Conditions and shall be bound by them. Buechel will not accept any variation to these Terms and Conditions that may be included in any written document (including any order form) received from the Buyer except by prior written agreement.
SAMPLES: Natural stone products are likely to show variations in structure, veining, color and thickness. Any samples provided to the Buyer are to be considered an approximate representation of the product rather than an exact representation of the product which will be provided.
PRICES: Prices charged are those prevailing at the time of the receipt of the order. Prices quoted in any Buechel publication are current at the time of printing, and Buechel reserves the right to amend its prices at any time without prior notice. All prices listed NET on our quotations or in our price book are non-discountable.
PAYMENT TERMS: All first time orders or Buyer accounts that are inactive for over one (1) year are C.O.D. Credit approval is required for all future orders. A fifty percent (50%) down payment is required on all special orders. All applicable early payment discounts are allowed only if payment is received within fifteen (15) calendar days of invoice date. Unpaid balances are due thirty (30) days from billing date. Past due accounts are subject to a 1-1/2 percent per month finance charge. Accounts sixty (60) days or more past due will be C.O.D. Buechel’s credit and collection policy is available upon request. No discounts are allowed on trucking and material handling or pallet charges. Sales tax will be charged unless a resale certificate is on file at our office.
CHANGE OF ADDRESS: Buechel must be notified of any change of address in writing, and Buyer will be responsible for any and all costs and expenses incurred by Buechel as a result of Buyer’s failure to notify Buechel of any change in address.
GENERAL CONDITIONS:
1.Buechel shall take all reasonable steps to ensure the accuracy of technical details relating to its products contained in its catalog, but Buechel accepts no liability in contract, tort, under statute or otherwise for any damages or injuries arising directly or indirectly from any error or omission in such technical detail whether proximately caused by Buechel’s negligence or otherwise.
2.Unless any performance figures, tolerances or characteristics have been specifically and expressly warranted by Buechel in writing, Buechel shall be under no liability whatsoever for any failure to attain or obtain such figures whether attributable to Buechel’s negligence or otherwise.
3.Calculations to determine stone coverage are approximations and may vary from actual yield. Square foot coverage per ton may vary by product.
4.The responsibility to ensure that the product being purchased is suitable and sufficient for the Buyer’s requirements is the sole and absolute responsibility of the Buyer unless Buechel shall have specifically advised the Buyer in writing that the product Buyer is purchasing is sufficient and suitable for the Buyer’s purposes and further provided that Buechel has been provided and advised by the Buyer of said Buyer’s requirements.
5.As required by the Wisconsin Construction Lien Law, builder hereby notifies owner that persons or companies furnishing labor or materials for the construction on owner’s land may have lien rights on owner’s land and buildings if not paid. Those entitled to lien rights in addition to the undersigned builder, are those who contract directly with the owner or who give the owner notice within sixty (60) days after they first furnish labor or materials for the construction. Accordingly owner probably will receive notices from those who furnish labor or materials for the construction and should give a copy of each notice received to his mortgage lender, if any. Builder agrees to cooperate with the owner and his lender, if any, to see that all potential lien claimants are duly paid.
WARRANTIES: Buechel warrants that all products sold to the Buyer will conform to its standard specifications for those products and will be of merchantable quality at the time of shipment from our facility. If products do not conform to such warranty, Buechel, in its sole and absolute discretion, may either replace the nonconforming products without cost to Buyer or credit the Buyer’s account for the purchase price and any freight or other costs incurred by the Buyer. Such replacement or credit shall be Buechel’s sole liability with respect to any warranty or any claim related to any product. In no event shall Buechel have any liability whatsoever for any incidental or consequential damages resulting from any breach of warranty or any other act or default of Buechel, including, but not limited to, any liability for lost profits, any liability for claims against the Buyer by owners, contractors or others, and any liability for loss of business or good will.
THIRD PARTY SERVICES: Buyer acknowledges and agrees that in some instances third parties provide services with respect to the installation, handling, modification, etc. of the product provided by Buechel. In those cases, Buyer will look solely to the third party which provides said service for any loss, claims, or damages arising from or relating to the purchase or provision of such services. Buyer hereby releases Buechel from any and all claims arising from or relating to the purchase or provision of any such services by said third parties.
CANCELLATION: No order may be cancelled without the previous written consent of Buechel. Without such written consent, Buechel is not required to accept the return of any product incorrectly ordered or no longer required. Any cancellation of an order will only be considered if it is made in writing. If cancellation is accepted by Buechel, then Buechel in its sole and absolute discretion may charge a restocking fee equal to 25% of the value of the product ordered.
Buechel will not accept responsibility for product which, in its sole and absolute opinion, has been the subject of undue wear and tear, accident, misuse, improper application or negligence. Buechel’s opinion with respect to said matter shall be final. Buechel will only accept returns if they are accompanied by a document in writing which sets forth the date of purchase and an original invoice number. Buyer shall be responsible for ensuring that all returned product is delivered to Buechel and have provided proof of delivery of said product. If no proof of delivery is provided, no credit will be given to the Buyer by Buechel.
Except in cases where the product which is supplied is deemed to be faulty, goods which are specifically manufactured cannot be returned. In the event of cancellation of such order, Buechel will charge the Buyer for the whole or any part of that order that has been manufactured prior to cancellation.
Buechel reserves the right to resell orders that have not been picked up within seven (7) working days after notification of completion.
DELIVERY: Delivery will take place to the address provided to Buechel by the Buyer. Buechel may make delivery by any method of transportation it selects unless Buyer specifies method of delivery and is being billed direct by the carrier of their choice or picking the product up with their own mode of transportation. Buechel reserves the right to deliver the product in such number of shipments as it deems appropriate.
SHORTAGES, NONDELIVERY, OR DAMAGE IN TRANSIT: Customer acknowledges that our ability to quarry and/or ship products may be limited by weather conditions, the quantity of products available in existing exposures, demands of other customers for similar products, availability of transportation and other circumstances beyond our control. We will use reasonable efforts to meet the customer’s delivery dates (provided the customer’s order is received sufficiently in advance to accommodate our normal production schedules) but we do not guarantee delivery dates and shall have no liability for late deliveries or any other failure to meet the customer’s required delivery dates. Every attempt to fill orders will be honored, however, changes to orders may result in delay of shipment.
Buechel will not consider any claims for shortage of product or damage in transit unless written notice is given to the carrier and Buechel within three (3) days of receipt of the product. No claim with respect to the nondelivery of product will be considered unless written notice of nondelivery of product is given to Buechel within five (5) days from receipt of a statement or invoice from Buechel.
SITE ACCESS: It shall be the Buyer’s sole responsibility to make sure that Buechel has access to the site at which the product is to be delivered. Buechel will not accept any liability whatsoever for any costs for redelivering product, where delivery of the product is not possible at the time of the attempted delivery due to any restrictions to vehicular traffic to the site.
RISK OF LOSS: The risk of loss with respect to the product supplied by Buechel will pass to the Buyer as per the FOB terms noted on the invoice. However, title to the product will not pass to the Buyer until Buechel receives payment in full for all sums due from the Buyer for the product purchased. If payment is not made by the due date, Buechel will be entitled without prior notice to the Buyer to retake possession of the product and enter upon the premises upon which the product is located for the purpose of retaking possession.
LIABILITY: Buechel will make all reasonable efforts to ensure that the information contained in its publication is correct. Buechel reserves the right to amend any information contained in any publication without prior notice and does not accept any liability for any loss arising from any error or omission in any of its publications. The Buyer shall be responsible for ensuring that the correct product has been supplied and that the product ordered is fit for the purpose for which Buyer has purchased it. Buechel shall not be liable to the Buyer in contract, in tort, under statute or common law, or under any theory of law for any consequential or other loss, damage or injury, however caused, which may arise out of or in connection with the supply of product to the Buyer, other than to supply product conforming to the original agreed specifications or at Buechel’s option to refund any moneys already paid for said products.
All contracts between Buechel and Buyer shall be governed by the laws of the State of Wisconsin.