Sales are expressly limited to and made conditional upon the terms and conditions herein excepting those which may be prohibited by law.  Any terms in addition or different from those contained, herein must be accepted by seller in writing.  Objection to any terms contained herein shall be deemed to have been waived if any part of the described goods is accepted. 

1. Disclaimer of Warranties.  Guy C. Lee Building Materials warrants that it has good title to the products sold hereunder.  The Seller hereby expressly disclaims all other warranties, either express or implied, including any warranty of MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, and neither assumes nor authorizes any other person to assume for it any liability in connection with the sale of said products.
2. Guy C. Lee Building Materials is a supplier of merchandise only.  Guy C. Lee does not engage in the practice of engineering, architecture or general contracting.  Guy C. Lee does not assume any responsibility for design, engineering or construction: for the selection or choice of materials for a general or specific use: for quantities or sizing of materials: for the use or installation of materials or for compliance with any building code or standard of workmanship.
3. No oral statement shall bind the Seller as an express warranty and all express warranties flowing from the Seller to the Buyer shall be in writing.  This disclaimer on behalf of the Seller, Guy C. Lee Building Materials, shall not however, operate to disclaim any warranties from the manufacturer of the product which shall flow directly to the purchaser.
4. Waiver of Acknowledgment of Receipt of Goods.  Buyer waives acknowledgment of receipt of goods tendered or delivered by Seller, unless Buyer, has made prior written request.  If receipts have been requested and an agent of Buyer is not available at the time and place delivery is tendered, Buyer agrees to pay additional delivery costs incurred by Seller for redelivery.
5. LIMITATION OF SELLER’S LIABILITY AND BUYER’S REMEDY.  UNDER NO CIRCUMSTANCE SHALL THE SELLER BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO THOSE ARISING OUT OF ANY DEFECT, DELAY, NON-DELIVERY SHORTAGE, BREACH OF WARRANTY, NEGLIGENCE OR STRICT LIABLILTY, AND ALL SUCH DAMAGES ARE EXPRESSLY EXCLUDED HEREIN.  SELLER’S SOLE LIABILITY AND BUYER’S EXCLUSIVE REMEDY FOR ANY CAUSE OF ACTION ARISING OUT OF THIS SALE, INCLUDING NEGLIGENCE AND STRICT LIABILITY, IS EXPRESSLY LIMITED, AT SELLER’S OPTION, TO THE REPAIR OR REPLACEMENT OF THE GOODS WITH RESPECT TO WHICH SUCH DAMAGES ARE CLAIMED OR THE REFUND OF THE ORIGINAL PRICE PAID TO THE SELLER FOR SUCH GOODS.  Buyer shall not set-off otherwise deduct any damages whether actual or alleged, from payments due Seller, unless such set-off or deduction is authorized in writing by Seller as whole or partial refund under the provisions hereof. 
6. Estimate Disclaimer.  All estimates are done at the direction and instruction of the purchaser and the actual amount of material used may vary from the estimate.  Guy C. Lee Building Materials does not represent the estimate to be the correct amount of material for any building project. 
7. Mold.  Guy C. Lee Building Materials makes the best effort to follow industry standards for the storing and handling of building materials.  If the buyer receives any merchandise that exhibits any signs of mold then buyer should notify Guy C. Lee for an immediate replacement.  Use of any materials by the buyer will constitute inspection and acceptance of said materials.
8. Warping and Weathering.  Seller does not warrant against, nor will be liable for warpage occurring after delivery, at Seller’s shipping point, nor does Seller warrant against, nor will it be liable for checking, leafing, splitting and other weathering of lumber and plywood products.
9. Terms.  Net 10th of month.  1.5% per month late charge on past due accounts.  Delinquent accounts turned over to attorney bear 15% attorney fees, plus all court cost.
10. Descriptions.  Buyer recognizes that many measurements in the lumber industry are descriptive only and are not the be taken liberally and, if in doubt, buyer will inquire of Seller.
11. Collection.  Should it become necessary to place Buyer’s account for collection, the Buyer shall pay all costs thereof, including reasonable attorney’s fee.  In the event suit must be filed to collect this account, the venue for such action will be the Seller’s county/parish and payments hereunder are due at Seller’s place of business.
12. Non-Waiver.  Seller’s failure to exercise any rights under this invoice upon one or more occasions shall not waive Seller’s right to exercise such rights on any other occasion.
13. Invalidity.  Any partial invalidity herein shall not affect the whole.
14. Claims & Return Goods Policy.  Check your order carefully.  Claims for shortage, damage, or error must be reported immediately to our driver on delivery.  All claims and Returned Goods must be accompanied by invoice or a copy of Delivery Ticket.  Custom made or Special Ordered non-stocked merchandise cannot be returned.  These materials are to be used in and upon the premises above described.  Merchandise credited must be in good resaleable condition.  No credit or claims allowed after 10 days.
15. Consumer Awareness Program.  Guy C. Lee Building Materials has established a voluntary Consumer Awareness Program for its customers.  The federal government has determined that some products sold by retailers may have chemical additives that could be harmful to your health.  These manufacturers should supply Guy C. Lee with information concerning the chemicals in the products, the safe use of said products, and medical treatment information.  Information as to these products may be obtained from your local Guy C. Lee’s Store Manager.