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Terms & Conditions
The sale of goods described on the customer’s invoice (“Goods”) is made on the express condition that Buyer assents to the promises, terms, and conditions set forth below, whether or not they are additional to or different from any terms and conditions proposed by Buyer. Winwood Sawmill LLC, objects to Buyer's additional or different terms. Winwood Sawmill LLC reserves the right to change its terms and conditions without written notice.
Modifications
No modification of any promise, term or condition of sale shall be of any force or effect unless signed by an officer of Winwood Sawmill LLC. Order modification is done on a case by case basis by severity of changes and may be subject to additional charges.
Taxes and Other Additional Charges
In addition to the price for the Goods, Buyer will pay Winwood Sawmill LLC the amount of any excise, sales, use, or similar tax relating to the Goods or their sale, and any freight (unless there is an express freight allowance) stop-over charge, lot loading charge, demurrage charges or the like relating to the transportation or storage of the Goods, which Winwood Sawmill LLC is legally obliged to pay, within ten days after the date of an invoice for the charge. Customer is solely responsible to pay any and all taxes due to their local city, state, or municipality. Customer is solely responsible to contact, report to, and pay any municipality which may require payment of tax where applicable.
Deposits
Refunding of deposits are reviewed on a case by case basis by an authorized officer of Winwood Sawmill LLC, deposits may be forfeited in the event that Buyer cancels their order after processing has started.
Governing Law
The contract for sale of the Goods shall be governed by the laws of the State of Massachusetts.
Limited Warranty
Seller’s products are warranted to be of merchantable quality and to conform to applicable industry standards or Seller’s published standards. Should any such product sold hereunder be found not to meet the foregoing warranty, Seller will furnish a replacement product conforming to this warranty, or, at its election, make a fair allowance therefor. Any claim with reference to goods shall be deemed waived by Buyer unless made in writing to Seller within 3 days of Buyer’s receipt of goods. Buyer acknowledges that the remedies herein constitute its sole and exclusive remedies. Seller makes no warranties which extend beyond the foregoing and expressly disclaims any implied warranties including warranty of fitness for a particular purpose. Seller’s sole responsibility and buyer’s sole and exclusive remedy is as stated. Seller shall not be liable for consequential, indirect or incidental damages, loss of profit, or for any amount in excess of the price for the shipment involved, under the foregoing warranty or any other part of this agreement. Any legal claims or action against seller for breach of this agreement, including the warranty granted above, must be instituted within one year after delivery.
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