Terms & Conditions
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. ElementLumber.com, LLC, objects to Buyer’s additional or different terms. ElementLumber.com, LLC reserves the right to change its terms and conditions without written notice.
- Deliveries: The Goods will be delivered FOB place of shipment. Truck freight costs are not included in pricing provided online at www.elementlumber.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. Due to the nature of the material, the Driver is required to move the material to the tailgate of the truck and the Customer is required to set the boards on the ground. Due to the nature of the industry ElementLumber.com, LLC is not responsible for late or delayed shipments.
- Pickup Orders: Materials not picked up within 14 days of order completion shall be subject to liquidation. Any money paid towards the order will be for forfeited.
- 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.
- Credit: Any credit is subject to final approval by an authorized officer of ElementLumber.com, LLC at its office in Tennessee. All credits will be subject to prior satisfaction of any and all past due balances.
- Modification: No modification of any promise, term or condition of sale shall be of any force or effect unless signed by an officer of ElementLumber.com, LLC. Order modification is done on a case by case basis by severity of changes and may be subject to additional charges.
- 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 ElementLumber.com, LLC within three days after receipt of shipment. Claims for nonreceipt must be made in writing delivered to ElementLumber.com, LLC 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 ElementLumber.com, LLC 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 ElementLumber.com, LLC of the claimed breach, as set forth in this paragraph 8.
- Taxes and Other Additional Charges: In addition to the price for the Goods, Buyer will pay ElementLumber.com, LLC 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 ElementLumber.com, LLC is legally obliged to pay, within ten days after the date of an invoice for the charge. Customer is solely responsible to pay any and all taxes due to their local city, state, or municipality. Customer is solely responsible to contact, report to, and pay any municipality which may require payment of tax where applicable.
- Inspection: Buyer has no right of inspection; inspection shall not be a condition to Buyer’s duty to pay or to any other duty.
- No Sales “on Approval” or “Sale or Return”: No sale is made on approval or under a sale or return. ElementLumber.com, LLC 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 ElementLumber.com, LLC 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 ElementLumber.com, LLC of return products in the same condition as they were when delivered to the carrier by ElementLumber.com, LLC for original shipment to Buyer. Credits are subject to the prior satisfaction of any and all past due monies owed to ElementLumber.com, LLC.
- 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.
All orders delivered via freight will be hand unloaded by the customer accepting the delivery. This is to ensure all the delivered material is not damaged and is to the customer’s satisfaction. In the event that damaged/defective material needs to be returned to ElementLumber.com, LLC it is the buyers sole responsibility for packaging and reloading of the material for return to us.
- Unauthorized Returns: Product returns made without the express written consent of ElementLumber.com, LLC including refused shipments without the prior consent of ElementLumber.com, LLC constitute unauthorized returns. Unauthorized returns not accepted and will incur unloading charges, storage fees, disposal fees, etc. 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.
- Order Cancellation: All orders are automatically processed on our secure merchant processor and sent for shipment as soon as they are placed. During this process we incur irreversible fees. Therefore, while we understand that orders might need to be changed sometimes, we are unable to do it free of charge after a certain point. We strictly adhere to the following cancellation policy:
- If you cancel your order BEFORE it has been shipped, you will be assessed a 10% cancellation fee before credit is issued.
- If you cancel your order AFTER it has been shipped, the cancellation will have to be treated as a return with all applicable fees.
- Orders which are REFUSED AT DELIVERY will be assessed all of the applicable fees – including restocking, cancellation and other applicable fees.
- Deposits: Refunding of deposits are reviewed on a case by case basis by an authorized officer of ElementLumber.com, LLC, deposits may be forfeited in the event that Buyer cancels their order after processing has started.
- Governing Law: The contract for sale of the Goods shall be governed by the laws of the State of Tennessee.
- 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.
- Premium Decking Grading Rules:
- 3% of worm holes are allowed in 1 face only, on clear face holes are only allowed on the edge- within the extra 1″
- Sapwood and “stained sapwood” are allowed only on edges of 1 face, the other face needs to be free of sapwood or stains **** Sapwood is not allowed in the middle of the board, and sapwood with pin holes are not allowed****
- Milling defects are only accepted in 1 face of the board if it has been sanded and it doesn’t change the structure of the board (width and thickness) ****milling defects that change the structure of the board are not accepted in neither face, only on the extra 1” of the board****
- Grain Tear Out- as long the pieces are smooth, but it will be considered within the 3%-5% of total defect’s tolerance
- Closed knots are only accepted in 1 face and as long as it doesn’t exceed the 3% of defects within the board
- Open knots are not allowed in neither face
- Burn marks are not allowed in neither face
- Anchor seal has to be a thick wax or paraffin; liquid gel is not allowed
- Warp, Bow, Crook, Cup or any variation of shall not exceed 1/8″ per foot
- Ordering: By completing and submitting an electronic order form, you are making an offer to purchase goods which, if accepted by us, will result in a binding contract. Please note that products will not be sent (or links to online products) until we have authorization from your payment card issuer. We will not be liable if there is a delay, and we will not accept your order if payment is not authorized.
Certain steps must be followed for a contract to be formed, as described below.
After you have placed your order:
You will receive an email to acknowledge your order. It will confirm which products you have ordered. This email is not an order acceptance from us.
We do not have to accept your order, and for example, we will not accept your order if:
- We do not have the products in stock
- Your payment is not authorized
- There is an error on our website regarding the price or other details of the products
- You have cancelled it in accordance with the instructions below
We reserve the right to refuse any order and/or cancel any order and refund the customer’s money due to pricing errors or any other reason.