Terms & Conditions of Sale
POSTED March 2026 | Bolyard Lumber & Design
1. General / Acceptance of Terms
These Terms and Conditions of Sale govern all sales of goods, materials and labor by Bolyard Lumber & Design ("Seller”) and apply to every transaction unless otherwise agreed to in writing by an authorized officer of Seller. Any purchase order or request for a quote, order placement, or delivery of materials constitutes acceptance of these terms and conditions.
2. Pricing & Quotations
All quotations of Seller are subject to change without notice unless otherwise expressly stated on the quotation. All price lists of Seller are subject to change without notice.
All prices of Seller are subject to applicable state, local and federal laws, taxes of all kinds and character and
governmental rules and regulations. All prices quoted are exclusive of applicable taxes and shall be paid by Buyer.
3. Delivery; Pick-Up; & Risk of Loss
Buyer authorizes purchases and deliveries to be made without a signature upon delivery. The risk of loss of or damage to the goods shall pass to Buyer upon: (a) delivery by Seller to Buyer or Buyer's representative at the place designated by Buyer in its order; or (b) pickup by Buyer or Buyer's representative at Seller's location.
Seller shall not be liable and shall have no responsibility in connection with goods or materials placed in or upon Buyer's vehicle. Unless Seller is negligent, Seller shall not be liable for any damage to goods loaded on or in Buyer's vehicle or for any injury to persons, and any loading activity by Seller is at Buyer's sole risk. Buyer hereby waives any and all claims, demands, or rights in connection with losses or liabilities that may arise out of loading materials in or upon Buyer's vehicle. Buyer is responsible for all purchases made by its employees, officers, or agents, even if made without authority of Buyer.
Buyer acknowledges that on occasion driveways, walkways, and parking lots may crack as a result of truck/equipment use during delivery. Buyer agrees that Seller shall not be liable for such damage to driveways, walkways, and parking lots. Seller cannot take responsibility for any damage caused by our personnel, truck, or equipment during the delivery, and Buyer releases Seller from any claims pertaining to such damages. In addition,
Seller shall not be responsible for any damages resulting from adverse and/or extreme weather conditions that may cause movement or shifting of the delivered materials. These conditions include, but are not limited to: winds, rainfall, hail, snow, and freezing temperatures. Buyer releases Seller from any claims pertaining to such damages during and after the delivery.
4. Returns & Credits
No materials are to be returned or credit allowed without Seller's prior written authorization. All returns for credit must be accompanied by a purchase receipt. All materials returned for credit will be credited at the original invoice price less a 20% restocking fee to cover handling and expenses. No credits will be issued after 30 days from the date of purchase. Special order merchandise is non-returnable and non-refundable.
5. Payment Terms
5.1 Due Date. Unless Seller and Buyer agree in writing to different payment terms, all invoices on credit account are due and payable on or before the 10th day of the month following the month in which the invoice was dated (the "Due Date"). For example, an invoice dated March 15 is due on or before April 10. These payment terms must be adhered to by Buyer irrespective of Buyer's payment terms with its own customer(s), and Buyer shall not assert as a defense to Seller's claims for payment that Buyer has not yet received payment in full or in part from its customer.
5.2 Finance Charge. Any invoice not paid in full by its due date will be assessed a time-price differential, finance charge, or late charge of 1.5% per month (18% per annum), or the maximum rate permitted by applicable law for credit sales of goods, whichever is less. Such charge shall commence as of the 1st day of the month following the due date and shall apply to any unpaid balance outstanding as of that date.
5.3 Construction Lien Service Charge. If Seller, in its sole discretion, elects to record a construction lien or claim of lien against a project or property to secure its right to payment, a service charge of $600.00 will be added to Buyer's account balance to cover the administrative and legal costs associated with the filing of such lien. This charge is in addition to any other amounts owed by Buyer and does not limit Seller's right to seek full recovery of all amounts due, including attorney's fees and costs.
If at any time, in the opinion of Seller, Buyer's credit becomes impaired, Seller shall have the right to cancel orders, discontinue shipments, require payments in advance, and/or other satisfactory security measures to guarantee that invoices will be paid promptly when due. Seller shall have the right to consider this contract breached and to stop deliveries and to be entitled to damages if Buyer is in default in the payment of any sum due. Buyer agrees to pay all costs, including reasonable attorney's fees, arising from collection of past due accounts.
Buyer hereby authorizes Seller to apply any payments made by or on behalf of Buyer to Seller to any account or accounts then outstanding between Buyer and Seller.
6. Collections & Legal Proceedings
In the event that the Buyer's account becomes delinquent and an attorney is retained to collect the balance due and owing to Seller, the Buyer shall be responsible for Seller's actual costs and attorney fees incurred in attempting to collect amounts due Seller. For all claims for payment for amounts less than $25,000.00, the parties hereby agree that the appropriate Court for litigating such claim(s) and all matters relating thereto shall be the 52-3 Judicial District Court located in Rochester, Michigan.
7. Force Majeure
Seller shall not be responsible, nor shall allowances be made for any delay or failure to make any shipment hereunder due to: act of God, fire, strike, lockout, or other labor dispute; contingencies of manufacturer; embargoes, regulations of government, delays in transit; or other causes affecting its ability to procure, process or deliver materials.
8. Claims; Defective Materials; Billing Corrections
Notice of any defect in materials, quantity, or nonconformity — including claims for shortages or improper delivery — must be made to Seller in writing within three (3) business days of delivery. All claims, adjustments, or corrections of billing must be made in writing within sixty (60) days of receipt of invoice. Failure to timely notify Seller in writing of any such claim constitutes waiver and acceptance of delivery and/or invoice by Buyer. Seller's sole liability to Buyer under this contract or any other theory of law shall be limited to replacement of defective materials or refund of the purchase price. Seller shall have the right to inspect and to satisfy itself as to the validity of all such claims. Seller shall not be responsible for any defects that may be caused either by faulty materials which are manufactured or produced by others or by faulty construction on the part of Buyer or others.
EXCEPT AS OTHERWISE PROVIDED IN THIS PARAGRAPH: (A) SELLER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; AND (B) IN NO EVENT SHALL SELLER BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. BUYER AGREES TO INDEMNIFY AND HOLD SELLER HARMLESS FROM ALL LIABILITY, EXPENSES, AND DAMAGES ARISING OUT OF CLAIMS MADE BY BUYER OR BUYER'S CUSTOMERS OR END USERS FOR SUCH DAMAGES. SELLER SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, INCLUDING CONSEQUENTIAL OR INCIDENTAL DAMAGES, DIRECTLY OR INDIRECTLY ARISING FROM THE USE OF GOODS SOLD BY SELLER OR FOR ANY DELAYS IN DELIVERY OF GOODS. PROVIDED BUYER IS NOT IN DEFAULT, SELLER WILL ASSIGN TO BUYER ANY WARRANTIES TO WHICH SELLER MAY BE ENTITLED AGAINST THE MANUFACTURER OR DISTRIBUTOR OF THE GOODS
PURCHASED. NO OTHER REMEDY SHALL BE AVAILABLE TO BUYER AGAINST SELLER, INCLUDING BUT NOT LIMITED TO BACK CHARGES, LABOR COSTS, LOST PROFITS, LOST SALES, OR INJURY TO PERSON OR PROPERTY.
9. Text Messaging (SMS/MMS) Communications
The following terms apply to text message (SMS/MMS) communications from Seller.
Pricing: Message and data rates may apply. Please check with your mobile carrier for details.
Message Frequency: Message frequency may vary based on your account activity and preferences.
Opt-Out: To stop receiving text messages from Seller, reply STOP to any message or text STOP to our messaging number. After opting out, you will receive one final confirmation message and no further messages will be sent.
Help: For assistance, reply HELP to any message or contact us at info@bolyardlumber.com.
Customer Support: For questions or concerns regarding our text messaging program, contact us at info@bolyardlumber.com.
Privacy Policy: Our Privacy Policy is available at https://www.bolyardlumber.com/privacy-policy.
Seller reserves the right to modify or discontinue the text messaging program at any time.