All products furnished by Bucks Pellets, LLC. ("Seller") shall be in accordance with the following terms unless otherwise stated in writing:
Acceptance And Complete Agreement.
These Terms and Conditions ("Terms and Conditions") govern all sales quotations and sales of product ("Product") from Seller to the buyer ("Buyer"), and shall constitute the complete agreement between the parties and may not be altered or modified except in writing duly executed by each party. The parties agree there are no agreements between the parties, oral or written, with respect to the Products (including any made or implied from past dealings) except as expressed herein. Any terms or conditions on any of Buyer's forms, correspondence, or orders that are different from or in addition to these Terms and Conditions are specifically rejected. Seller's failure to object to provisions contained in any communication from Buyer shall not be construed as a waiver of these Terms and Conditions or as an acceptance of any such provision. No order shall be binding upon Seller unless and until such order is accepted (or otherwise processed) by Seller at its principal office in Pennsylvania. Buyer's order will be deemed a representation that Buyer is solvent and able to pay for the Products ordered.
Quotations and Proposals.
Only a written quotation or proposal shall constitute Seller's quotation or proposal for the sale of Product, and it shall expire on the expiration date indicated on said quotation or proposal, or, if no date is specified, then thirty (30) days after the date of the quotation or proposal. Any quotation or proposal may be modified or withdrawn by Seller, in whole or in part, at any time prior to acceptance of an order by Seller.
Prices quoted, unless otherwise stated by Seller in writing, are FOB shipping point (for delivery within the United States) and do not include sales, use, excise, or similar taxes or duties, or freight. Buyer shall pay these taxes directly if the law permits or will reimburse Seller if Seller is required to pay them. Buyer will provide tax exemption certificates or evidence of tax payment on request. Unless otherwise specified, orders will be billed at prices as specified on Seller's then current list price, which shall be subject to change from time to time.
Terms and Methods of Payment.
All payments are to be made in U.S. Dollars. Unless otherwise specified in writing by Seller, all payments are due upon delivery of the Product. By placing an order, and unless other payment arrangements are agreed to by the parties in writing, Buyer consents to Seller charging Buyer's credit card for all amounts due. Any amounts past due for seven (7) days shall incur a penalty of 2% per month (24% per annum), but in no event more than the maximum amount permitted by law. Without limiting any other remedies available to it at law or in equity, Seller shall have the right to terminate the order or to suspend further deliveries under any order with Buyer in the event that Buyer fails to make any payment to Seller when due. Seller may recover all costs of collecting past due amounts (including reasonable legal fees and expenses). Buyer acknowledges that a $25 processing fee, in addition to any applicable late penalties, will be charged for each rejected credit payment or any check that is returned by the Buyer's bank for any reason.
Shipments shall be subject to approval of Buyer's credit by Seller. In the case where Buyer's credit is or has become unacceptable to Seller, in its sole discretion, Seller may, at its option, terminate the order, or refuse to make shipment, in each case unless and until payment is made by Buyer or satisfactory security for payment is received by Seller prior to shipment. In the absence of specific instructions, Seller will select the carrier but shall not be deemed thereby to assume any liability in connection with the shipment, nor shall the carrier be construed to be an agent of Seller. Unless otherwise specified in writing by Seller, Buyer is responsible for all site preparation and for receiving and storing all Product. In its sole discretion, Seller may provide a quotation for services to assist Buyer in some or all of these functions if requested.
Seller's estimated shipping schedule is based on Seller's prompt receipt of all necessary information from Buyer to properly process the order, and does not constitute a commitment to deliver Product in accordance therewith. Seller will use reasonable efforts to ship on or before the estimated shipping dates. Delivery will be made to Buyer's specified address, provided that in the event that Buyer is not present at the time of delivery, Seller may leave Product at Buyer's specified address. At Buyer's option, Buyer may pick-up the Products at Seller's shipping point, provided that Buyer shall be responsible for loading Products into its vehicle and complying with vehicle load ratings and safe operating practices. Deliveries shall be made only on solid surfaces. The currier will not operate the delivery truck nor the fork lift on soft ground or grass. If the buyer has not provided a clear path or access to intended point of delivery, the currier shall place the product as close as they deem fit to the buyer's request.
In the event your fuel is damaged, a claim must be filed with the Seller within seven (7) days of receipt in order to receive a replacement of the damaged goods. If a replacement is not available, a refund of only the goods that are damaged will be given. The damaged goods must be returned upon replacement.
All products must be inspected within seven (7) calendar days of receipt. If any damage is discovered, a claim must be filed with the Seller and a full report of the damage must be forwarded to Seller.
Seller shall not be liable for any delay in delivery or performance, or for non-delivery or nonperformance, in whole or in part, caused by the occurrence of any contingency beyond Seller's control, including, without limitation, riot or other act of civil disobedience, act of a public enemy, terrorism, failure or delay in transportation, act of any government or any agency or subdivision thereof, judicial action, labor dispute, accident, fire, flood, storm or other act of God, shortage of labor, fuel, raw material, or machinery or technical failure, where Seller has exercised ordinary care in the prevention thereof. If any such contingency occurs, Seller may allocate production and deliveries among Seller's customers in any manner deemed reasonable by Seller.
Disclaimer of Warranties.
Buyer acknowledges that (i) not all biomass fuels are appropriate for use in all appliances and that it is Buyer's responsibility to confirm that the Products are appropriate for use in Buyer's appliance; (ii) the Products may vary in content and burn characteristics; and (iii) it is Buyer's responsibility to properly store the Products in a dry place to prevent them from absorbing added moisture. SELLER DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND WHATSOEVER, WHETHER EXPRESSED, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
No products may be returned without prior written approval of Seller. Orders accepted by Seller may be canceled by Buyer only with the written consent of Seller and upon Buyer's reimbursement of Seller for all losses, damages, costs, lost profits and expenses arising from such cancellation. Any deposits made by Buyer for orders accepted by Seller, and which are subsequently cancelled by Buyer, are not refundable. Seller shall have the right to cancel any order placed, or to refuse, or to delay, the shipment thereof for failure of Buyer to make all payments when due to Seller, or any other reasonable requirements established by Seller, or for any acts or omissions of Buyer that delay Seller's performance. In the event of bankruptcy or insolvency of Buyer, or in the event any proceeding is brought by or against Buyer, voluntarily or involuntarily, under any provision of the U.S. Bankruptcy Code or any other insolvency law, Seller shall be entitled to cancel any order then outstanding.
Non-Waiver of Default.
If Seller elects to continue to make shipments or perform under an accepted order, Seller's action shall not constitute a waiver of any default by Buyer or in any way affect Seller's legal remedies for any such default.
The validity, performance, and construction of these Terms and Conditions shall be governed by the laws of the State of Pennsylvania. All controversies and disputes arising between the parties hereto shall be resolved by the state or federal courts in Pennsylvania. The parties consent to jurisdiction of said courts and to service of process in any manner approved by said courts. The parties hereby acknowledge that the rules of the United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply hereto and shall not be used for interpretation of the sale of Products hereunder.
Buyer agrees to indemnify, defend and hold Seller harmless from and against all losses, liabilities, claims, or causes of action for injuries or damages to any person or property arising out of or in any way related to the Products, and further from and against any judgment, settlement, penalty, loss, costs, expenses, liability, damage or injury, including reasonable legal fees and disbursements, that Seller may, directly or indirectly, sustain, suffer or incur as a result thereof.
IN NO EVENT, REGARDLESS OF THE FORM OF THE CLAIM OR CAUSE OF ACTION (WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, OTHER TORT OR OTHERWISE), SHALL SELLER'S LIABILITY EXCEED THE PRICE ACTUALLY PAID BY BUYER TO SELLER FOR THE SPECIFIC PRODUCTS GIVING RISE TO THE CLAIM OR CAUSE OF ACTION. SELLER SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, WHETHER OR NOT FORESEEABLE. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF ANY TRANSACTION GOVERNED BY THESE TERMS AND CONDITIONS, MAY BE BROUGHT BY EITHER PARTY MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION HAS ACCRUED. The foregoing allocation of risk and limitation of liability has been agreed to by the parties and forms the basis of their willingness to enter into any accepted order.
No failure to exercise and no delay in exercising on the part of Seller any right, power or privilege hereunder will operate as a waiver thereof nor will any single or partial exercise of any right, power or privilege hereunder preclude further exercise of the same right, power or privilege.
Validity Of Provisions.
In the event any provision or any part or portion of any provision of these Terms and Conditions shall be held to be invalid, void or otherwise unenforceable, such holding shall not affect any other provision hereof.
Revised April 5, 2018. This revision supersedes all previous revisions and versions.