Terms and Condition
The term Advanced Building Supplies or “us” or “we” refers to the owner of the website whose registered office is 1417 East Main Street, Leesburg, FL 34748. The term “you” refers to the user or viewer of our website.
The use of this website and any purchases, agreements or contracts shall be governed by the following terms:
TERMS AND CONDITIONS OF SALES & IMPORTANT INFORMATION
- Delivery: The delivery driver will not assist in unloading shipment. All residential deliveries are curbside.
- Unloading:Customer or agent must be at the receiving location when the driver arrives so they can offload their decking or added shipping charges may apply. Customer is responsible for all unloading of product. You must have at least two people at the delivery location to unload your shipment.
- Liftgates are not ordered for the wood due to weight and lengths. They are a hindrance and dramatically slow the unloading of product.
- Force Majeure: ABS is not liable for any delay in or impairment of performance caused by Acts of God, labor disruptions, material shortages, fires, problems related to ocean shipping, truck delivery, docks and wharves, inability to procure product, supply or raw material shortages, severe weather conditions, or any other circumstance beyond the control of ABS in the performance of this contract.
- Damage: damage must be noted on drivers’ paperwork (POD). If it is not noted, ABS will not be responsible.A copy of POD (cell phone photo) must be send to ABS.
- Shortage : Customer must verify count before signing delivery receipt. If discrepancies, customer should note delivery receipt prior to signing, or call ABS before signing receipt.
- Payment : Signed credit card receipt must be returned or your order can not be processed or shipped.
- Due Diligence: Customer is responsible to verify amounts above are correct for their project.
- Natural Product: Wood is or was a living growing thing and as such has its own personality and characteristics such as varying grain patterns and colors. Imperfections such as milling artifacts or quilting that can be easily sanded out will not be considered a defective product. This is not a manufactured product.
- Ventilation : All Decks must have proper ventilation and air flow to prevent cupping.
- Hidden Fasteners : Sub Floor Adhesive is recommended under your decking boards .
- Product : Product must be inspected for quality of manufacture / grade and moisture content at time of delivery. Product claims must be made before installation
- Returns : Returns must be made within 30 days and before product is installed, cut or altered in any way. All returns of non-defective merchandise are subject to a 30% fee.
- Custom Product: Custom ordered product or custom milled product is non-returnable. This includes T&G, clip grooving, grooved slip tread, and so forth
- Shipping refund: You are responsible for arranging return shipping and any fees that may occur. Outbound shipping charges are not reimbursed. If any boards are damaged in return, the total damaged will be deducted from amount returned and customer will be responsible to filing a claim with the return carrier.
- Avoiding Returns We want you to be happy with your decking. Ask questions prior to order. We can answer questions, send photos, and we will do what ever we can to insure you understand what you are buying. Please call describing the problem. We can help with installation questions that may quickly solve the problem
- Taxes and Fees: Included on ABS’s Invoice are those federal, state and local taxes, and fees that to the best of ABS’s knowledge, information and belief, apply to this sale. Any taxes or fees which are subsequently determined to apply and not included on this Invoice will be billed at a later date and the Customer hereby agrees to pay these.
- Express Warranties: ABS warrants its products against manufacturing defects for a period of one year. It further guarantees that its wood products (if they are kiln dried), at the time of shipment, are dried to a moisture content range specified in the sales confirmation or invoice. The product must be kept dry at all times and must be properly stored away from the elements prior to its installation. Wood, a product of nature, assimilates the moisture content of its environment and may swell, shrink, split, crack, cup, warp or otherwise change shape when exposed to moist or dry conditions. In addition, exposure to excessive heat, sunlight or cold conditions can change the shape of the wood products. ABS excludes from this warranty swelling, shrinking, molding, warping, cupping splitting and shake that is caused in part by abuse, improper storage, handling or installation.
For more information on the proper methods for storage, handling, and installation of this particular product, you should review ABS’s wood handling pages on website or contact ABS . Except as may otherwise be specified in this Express Warranty, ABS makes no warranties, either express or implied, whether in tort, contract, by statute, or otherwise, and particularly makes no warranty of merchantability or fitness for any particular purpose whatsoever.
- Exclusive Remedy: ABS will examine claims on a case by case basis. At the time that any product or portion of product sold by ABS is determined by ABS to be defective, ABS may, at ABS’s option, either replace the defective product or portion of product or offer a refund, but under either option the full measure of ABS’s liability shall be the purchase price paid to ABS for such product or portion of product. The Customer’s sole and exclusive remedy hereunder is expressly limited to the replacement of defective products or portions of products or a cash refund, as specified above, and any claims for other loss or damage of any type, including, without limitation, loss of profits or revenues, down time, demurrage, detention, labor costs, repair costs, installation of replacement material, inconvenience, cost of rental or
replacement equipment, failure of equipment to operate for any period of time, other economic or commercial loss, or direct, immediate, special, incidental, indirect or consequential damages, are expressly excluded .
- Notice Provision: ABS must be given reasonable prior notice and opportunity to inspect any product covered by this warranty before it will honor any claim under this warranty. Reasonable notice is defined as within 10 days after receipt of the wood products for any defect which was visible at the time of receipt. Any defect or damage resulting in whole or part from improper storage, improper handling, improper use or improper installation or from exposure to the elements, fire or natural disaster is NOT our responsibility and is NOT covered by this warranty.
For any warranty issue that was not visible at the time of receipt, ABS will not honor any claim which has not been presented in writing to ABS within 10 days from date of shipment, such notice being a condition precedent to any warranty claim.
- Cancellations: No cancellation is acceptable unless terms and conditions are agreed upon in writing by ABS and Customer.
- The content of the pages of this website is for your general information and use only. It is subject to change without notice.
- The information contained in this website is for general information purposes only. The information is provided by Advanced Building Supplies and whilst we endeavour to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
- Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
- In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
- This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
- All trademarks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
- Through this website you are able to link to other websites which are not under the control of Advanced Building Supplies. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them. Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offence.
- From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s). You may not create a link to this website from another website or document without Advanced Building Supplies’s prior written consent.
- Every effort is made to keep the website up and running smoothly. However, Advanced Building Supplies takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
- Your use of this website and any dispute arising out of such use of the website is subject to the laws of the United States of America and the State of Florida
- Governing Law, Jurisdiction, and Venue. All purchases, agreements or contracts shall be governed by, and construed in accordance with, the laws of the State of Florida. The buyer agrees and consents to the exclusive jurisdiction of the courts of the State of Florida for all purposes regarding any purchases, agreements or contracts and further agrees and consents that venue of any action brought hereunder shall be exclusively in the County of Lake.
- Any controversy, claim or dispute arising out of or relating to purchases, agreements or contracts, shall be settled solely and exclusively by binding arbitration in Leesburg, FL. Such arbitration shall be conducted in accordance with the then prevailing commercial arbitration rules of American Arbitration Association (AAA), with the following exceptions if in conflict: (a) one arbitrator shall be chosen by AAA; (b) each party to the arbitration will pay its pro rata share of the expenses and fees of the arbitrator, together with other expenses of the arbitration incurred or approved by the arbitrator; and (c) arbitration may proceed in the absence of any party if written notice (pursuant to the AAAs’ rules and regulations) of the proceedings has been given to such party. Each party shall bear its own attorneys fees and expenses. The parties agree to abide by all decisions and awards rendered in such proceedings. Such decisions and awards rendered by the arbitrator shall be final and conclusive. All such controversies, claims or disputes shall be settled in this manner in lieu of any action at law or equity; provided however, that nothing in this subsection shall be construed as precluding the bringing an action for injunctive relief or other equitable relief. The arbitrator shall not have the right to award punitive damages or speculative damages to either party and shall not have the power to amend this Agreement. The arbitrator shall be required to follow applicable law. IF FOR ANY REASON THIS ARBITRATION CLAUSE BECOMES NOT APPLICABLE, THEN EACH PARTY, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY AS TO ANY ISSUE RELATING HERETO IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY OTHER MATTER INVOLVING THE PARTIES HERETO.