All products furnished by Bucks Pellets, LLC. ("Seller") shall be in accordance with the following terms unless otherwise stated in writing:
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.
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.