All products furnished by Bucks Pellets, LLC. ("Seller") shall be in accordance with the following terms unless otherwise stated in writing:
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.
In the event your fuel is damaged, a claim must be filed with the Seller within (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.
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.