Applicability. These Terms & Conditions apply to all quotations, proposals, sales, invoices or other services between the Customer and Foxworth-Galbraith Lumber Company and any of its Affiliated Companies, (hereinafter “FGLC”).
Acceptance. All offers, quotations, bids, estimates or proposals expire within 30 days from the date of issuance, unless agreed otherwise agreed, in writing, by both Customer and FGLC. Only offers, quotations, bids, estimates or proposals signed by both Customer and FGLC are deemed accepted. Pricing is subject to change at any time before acceptance by both parties.
Pricing. Pricing is non-binding unless agreed upon by both Customer and FGLC. Pricing that has been accepted by both Customer and FGLC is only valid through the expiration date shown on the offer, quotation, bid, estimate or proposal, unless otherwise agreed, in writing, by both Customer and FGLC.
Good Faith Estimate. All offers, quotations, bids, estimates or proposals prepared by FGLC are a guide to facilitate pricing & ordering. FGLC warrants it has used reasonable efforts to provide an accurate approximation based on the information provided. FGLC does not guarantee, represent or warrant that the materials used will not vary from the materials quoted or estimated.
Risk of Loss Shifts at Time of Delivery. FGLC relinquishes control of materials once delivered to the job site. Once delivered, all risk of loss shifts to Customer.
Liability Limitation and Indemnity. Customer acknowledges that failure to properly install materials may result in personal injury or property damage. Customer assumes all risk for defects in installation or failure of materials to meet any applicable building codes or requirements and shall defend, indemnify and hold harmless FGLC for any such claims.
Limited One (1) Year Warranty. FGLC warrants that (i) all materials furnished by FGLC shall be new and of good quality, and (ii) for a period of one (1) year following the date of delivery, materials furnished will be free from defects not inherent in the quality of materials required or permitted, and will conform to the requirements of the plans and specifications provided by Customer to FGLC. FGLC limits its warranties to only the express warranties set forth herein. ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY WITH RESPECT TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ARE DISCLAIMED. FGLC SHALL NOT BE LIABLE FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, PERSONAL INJURY, LOST PROFITS, LOSS OF USE, DIMINUTION IN VALUE, OR PUNITIVE DAMAGES.
Force Majeure. FGLC is not responsible for pricing changes, delay or inability to perform due to the following Force Majeure events: (a) acts of God; (b) a natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms, explosions, infestations), epidemic, or pandemic; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order or law; (e) actions, embargoes or blockades; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labor stoppages or slowdowns or other industrial disturbances; and (i) shortage of adequate power or transportation facilities.