Product Liability
With the exception of the limited protection specifically provided herein, all Wellborn + Wright products are sold as-is, with no warranties express or implied. Wellborn + Wright makes no warranties or representations relative to the fitness of its products for a particular use or in a particular location. Wellborn + Wright further makes no representations about likely yield percentages or waste factors for use/application. It is the customer’s responsibility to verify the suitability of Wellborn + Wright products for the customer’s project and to determine the appropriate quantities to account for yield/waste issues.
If a product is made from reclaimed lumber, the customer must understand that this is a natural product and variations between provided samples and the final product may occur. Any variation or defect is acceptable with reclaimed lumber if the product is structurally sound. Examples of variations and defects include but are not limited to: mineral staining, tool marks, weathering, discoloration, rough-sawn, cracking, mixed grain patterns, and/or nail holes.
Product Specification Sheets and Estimate Proposal Sheet are the primary vehicles used by Wellborn + Wright to communicate information about the physical characteristics of its products. While samples, photos and other secondary sources of product information can often help the customer see examples of characteristics described on specification sheets and in proposal terms, they should not be relied upon to reach conclusions about product characteristics that are inconsistent with or add to information on specification sheets or in proposal terms. Statements (verbal or written) made by Wellborn + Wright employees or partners which are inconsistent with or add to information on product specification sheets, proposal terms or Wellborn + Wright policy documents (including this Product Liability and Return Policy.) should not be relied upon. Such statements are not authorized by Wellborn + Wright.
Our specification sheets and proposal terms focus on Wellborn + Wright product characteristics, not on the practical implications of those characteristics for application. Where specification sheets or proposal terms mention specific possible practical implications of Wellborn + Wright product characteristics (and/or set forth possible approaches for addressing such implications) such notes are intended as suggestions and not as guarantees for use. Nothing in a specification sheet or proposal term should be interpreted as in any way guaranteeing or warrantying the result of a specific method of (1) addressing a practical implication of a product characteristic or of (2) installing and/or using a Wellborn + Wright product. Wellborn + Wright in no way represents that its specification sheets and proposal terms capture all of the physical characteristics (or even all of the important physical characteristics) of its products, let alone all of the potential implications of those characteristics for application. As a service to its customers, Wellborn + Wright will sometimes make available information originating from others (research, articles, user feedback, etc.) which might be helpful in the process of deciding how to install or use our products. Wellborn + Wright makes no representations or warranties relative to the accuracy of this information or its applicability to the customer’s specific situation.
Metal, Insect, + Contaminant Disclaimer
Wellborn + Wright does not represent its products to be free of metal, dirt, paint (including lead-based paint), lead, insects/bugs or other contaminants. Wellborn + Wright accepts no liability or responsibility for damage, injury or harm to people and/or property resulting from the processing or use of Wellborn + Wright products. Even when the reclaimed material goes through Wellborn + Wright’s metal detection/removal process, the customer is responsible for verifying that the material is fit for sawing or other processing.
Wellborn + Wright cannot be certain of all previous uses of reclaimed material. Since most reclaimed material is salvaged from structures dating pre-1978, the material may have come into contact with or contain lead-based paint. (For more information on this, go to http://www.epa.gov/lead)
While Wellborn + Wright’s process typically includes kiln drying and other industry standards to prevent insect/bug issues, these services do not create a guarantee or warranty that the material is or will be completely insect/bug free. Wellborn + Wright may, at customer’s request, apply borate, fumigants or other treatments in an attempt to reduce the potential for insect/bug issues. Unless specifically noted as being fumigated/treated, our products are generally not fumigated or otherwise treated for insects/bugs.
While kiln drying typically prevents any mold/fungus issues, In the event that mold/fungus issues arise, the customer must notify Wellborn + Wright within 10 days of product shipment. Wellborn + Wright accepts no liability or responsibility for mold/fungus issues which arise after the receipt of Wellborn + Wright products.
Wellborn + Wright responsibility for products which do not conform to applicable specification sheets (including mold/fungus special cases addressed above) is limited to the replacement of product or the refund of purchase price (see Product Returns and Order Cancellations.) Wellborn + Wright accepts no other liability or responsibility for rejected and/or defective products.
Change Requests
In the event that items on a specification sheet or the proposal terms need to be altered or cancelled, a change request needs to be submitted and approved. Circumstances that require a change request include but are not limited to: change in quantity, dimension, species, finish, surface texture, shipping method, and/or delivery date. It is at the discretion of Wellborn + Wright to approve change requests and determine whether such changes will incur additional fees.
Payment Terms
Prices quoted are subject to change without notice or withdrawal at any time prior to W+’s receipt of Buyer’s purchase order and Buyer’s Deposit. Terms for payment are Buyer’s non-refundable 50% deposit with submission of Buyer’s purchase order and the balance prior to the shipping date. All orders $2500.00 USD and less are to be paid in full upon submission of Buyer’s purchase order and is considered a non-refundable deposit. Any outstanding balance on the shipment date is subject to a service charge of 1.5% per month. Shipments will be delayed until full payment is received. Any account not paid within sixty (60) days of the initial shipment date will result in cancellation of Buyer’s order and forfeiture of Buyer’s deposit.
All quoted lead times are not guaranteed until the non-refundable 50% deposit is received. At the point in which the deposit is made, the lead time agreed upon and outlined in the signed proposal or applicable specification sheet referenced thereby begins.
Accepted payments include checks, wire transfers, ACH transfers, and major credit cards.
Credit Card transactions are subject to 3% processing free unless otherwise noted.
All Sales are made subject to Buyer’s payment of all applicable State, County, City, and Federal use sales and excise taxes.
Shipping
All shipping dates are approximate and are subject to confirmation by W+ at time of acceptance of order. Delays, accidents, losses, and other calamities can and do occur. W+ is not responsible for those issues.
All freight quotes are approximate and are subject to fluctuating shipping costs. W+ does not guarantee a quoted freight price at the time of shipment. Should the shipping of the Buyer’s Products exceed the quoted amount, the Buyer is responsible for the difference.
All sales are F.O.B. W+’s warehouse in Richmond, Virginia, unless otherwise specified. Meaning that delivery of Products to Buyer or to the carrier shall constitute transfer of title, ownership, and possession to and of the Products at such point of delivery, and the products shall thereafter be at the Buyer’s risk. Buyer shall pay all shipping charges and any additional charges for special requested by Buyer.
Physically inspect Products upon arrival. If the materials delivered are materially different from that described on a signed proposal or applicable specification sheet referenced thereby or there is extensive damage to the Products, inform W+ immediately and refuse the shipment. It is the Buyer’s responsibility to inspect or have present a contractor or equivalent expert to verify all specifications per your signed proposal or applicable specification sheet referenced thereby.
Product Returns and Order Cancellations
In the event that the customer is not satisfied with a Wellborn + Wright product or desires to cancel an order placed with Wellborn + Wright, the following specific rules apply in determining product return and/or order cancellation options:
If a product is materially different from that described on a signed proposal or applicable specification sheet referenced thereby, Wellborn + Wright must be notified of the problem within 5 days.
If a product is not materially different from that described on a signed proposal or specification sheet referenced thereby and Wellborn + Wright is notified of the customer’s desire to return the product within 10 days of product shipment, or Wellborn + Wright is notified of customer’s desire to cancel all or a portion of an order that has not yet shipped, handling depends on whether the product is a custom or standard product.
a. Custom products: cannot be returned or canceled. In determining product return/order cancellation options, any product that is cut to specific dimensions to satisfy the requirements of an order is to be considered a custom product even if the product would otherwise qualify as a standard product.
b. Standard products: can be returned or canceled, subject to a 25% restocking/order cancellation fee. In the case of a product return, the customer is responsible for returning the product, in acceptable condition, to Wellborn + Wright. Products should be packaged the same as they were delivered.
Products cannot be returned beyond 10 days after shipment.
Products that have been processed or altered in any way cannot be returned.
Except as hereinafter provided, for a period of 30 days after the shipping date, Buyer may return any unused and unaltered Basic Products. If those Basic Products are returned no later than 7 days after delivery to Buyer, W+ will replace the same with other Products or refund 50% of the purchase price of such Basic Products (the remaining 50% representing the non-refundable deposit), whichever the Buyer shall elect. After such 7-day period, W+ will only replace the Basic Products returned. If the price of replacement Products exceeds the price of the basic products returned, such excess price must be paid prior to reshipment date. The cost of return and reshipment shall be paid by the Buyer. No Basic Products may be returned after 30 days from the shipping date.
Products to be returned or canceled must be returned or canceled through the proper channels. Acceptance of a return or cancellation of an order is at the sole discretion of Wellborn + Wright. Product returns/order cancellations must be handled by (and any credits/refunds issued to) the customer to whom Wellborn + Wright sold the product. Wellborn + Wright has no contractual relationship with or obligation to parties other than those with whom it has entered into a direct agreement by means of a signed proposal.
