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Landscaping (professional Landscape Supply)

Landscaping (Professional Landscape Supply)

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Extech Building Materials, Inc.

This website (and its content) (the “Website”) is owned and maintained by Extech Building Materials, Inc. (“Extech”). Access to and use of this Website is conditioned upon the user’s acceptance of and compliance with these Terms of Use (the “Terms”). Accessing, browsing or otherwise using the Website indicates the user’s agreement to the Terms.

1. Limited License. The user is granted a limited, revocable, non-transferable and non- exclusive license to utilize the Website by displaying it on the user’s internet browser solely for the purposes of purchasing products sold on the Website and not for any other purpose. Extech reserves the right to revoke this license at any time. This license shall automatically terminate upon any breach of the Terms by the user without any further notice. This Website may only be used by individuals who are 18 years old or older. By using this site, the user represents and warrants that it meets this age requirement.

2. Sale of Goods and Services. The user agrees that all product sales through this Website are and shall be subject to the Extech Terms and Conditions of Sale (the “Sales Terms”). A copy of the Sales Terms is available on the Website. The Sales Terms may not be changed or altered unless such changes or alternative terms are expressly accepted by Extech in writing.

3. Authorized Users. A business account shall be accessible by those individual users that are authorized by the applicable business. Each business account shall be established by an owner or authorized officer of the business who shall designate the authorized account users at the time the account is initially established. The authorized account users shall have the level of authority designated to them. There are the following levels of authority:

(a) Executive - Executives shall have full authority to (i) view available products and their prices, (ii) place product purchase orders, (iii) view account status (including pending orders, product deliveries, pending invoices, etc.) (“Accounting Data”) and (iv) establish and change the list of persons who are authorized to use the account and their level of authority. The same individual may be both an Executive and the Administrator.

(b) Administrator - The Administrator shall have full authority to (i) view available products and their prices, (ii) place product purchase orders, (iii) view Accounting Data and (iv) update and change the list of persons who are authorized to use the account and their level of authority. The same individual may be both the Administrator and an Executive.

(c) Purchasing Agent - Purchasing Agents shall have authority to (i) view available products and their prices and (ii) to place product purchase orders.

(d) Project Managers - Project Managers shall have authority to view available products and their prices but shall not have authority to place purchase orders.

(e) Accountant - Accountants shall have authority to view Accounting Data only.

The Executives and the Administrator shall have responsibility for maintaining and updating the list of authorized users and their level of authority for the account. The Executive and the Administrator shall be responsible for removing the authority for individuals that are no longer employed by the business or whom the business no longer wishes to have authority on the account. The business account holder shall be responsible for the all Website transactions conducted by any authorized user until such time that the authorized user is removed from the account by the Executives or the Administrator.

4. Unauthorized Access. The user is responsible for maintaining the confidentiality of the user’s account and passwords and login credentials. The user is responsible for all activities that occur under the user’s account. Extech is not responsible for any unauthorized access to an account by a third party that results from theft or misappropriation of the user’s account, passwords or login credentials.

5. Electronic Communications. The user consents to receiving electronic communications from Extech. Any agreement, notices or other communications that Extech may provide to the user electronically via email or on this Website shall be deemed to be in writing for the purposes of satisfying any legal requirements requiring written notices.

6. Privacy Policy. Extech collects information and data from users on this Website (“User Data”) and uses such information to facilitate the user’s interaction with the Website and the conduct of business between the user and Extech. Extech shall be permitted to use the User Data for its general business purposes and may share such data with third party business affiliates. Extech may use cookies in connection with this Website and the user hereby consents thereto. Cookies are information and data that is stored by the user’s internet browser or on the user’s computer hard drive that can enable the Website to recognize the user, allow faster navigation through the Website and track the user’s use of the Website. Extech shall take commercially reasonable steps to protect the User Data from unauthorized use but cannot and does not guarantee that the User Date will be kept confidential. Extech does not knowingly collect User Data from children under the age of 13.

7. Data, Pricing and Transmission Errors. In the event that any products are listed on the Website at an incorrect price due to typographical errors or other data processing error, Extech reserves the right to refuse or cancel any product order based on the incorrect price or other data. Product descriptions and information is provided by Extech’s vendors and suppliers and Extech assumes no liability therefor and makes no representations or warranties regarding accuracy. Extech does not guarantee that this Website and its content will be available on an uninterrupted basis.

8. Intellectual Property. All text, graphics, logos, trademarks, tradenames and other intellectual property included on the Website belong exclusively to Extech with the exception of certain logos, trademarks and tradenames owned by Extech’s suppliers and vendors, which are instead licensed to Extech. You may not use any intellectual property of Extech or any vendor or supplier for any purpose without the express written consent of Extech and the applicable vendor or supplier.

9. Third-Party Websites. In the event that the Website contains links to third-party websites, the user acknowledges that such links are provided for the convenience of the user and that Extech assumes no responsibility for, or any liability with respect to, such third-party websites or their content.

10. Disputes - Arbitration. Any dispute or claim relating to the use of the Website shall at Extech’s option be resolved by arbitration in accordance with the rules of the American Arbitration Association, and pursuant to the laws of the State of New Jersey, or if different, the laws of the state in which the facility from which Extech satisfies a given order is located.

I have read and agree to the Terms

TERMS AND CONDITIONS OF SALE

1. These terms and conditions of sale, together with the order form, which may also contain certain supplemental terms and conditions (collectively referred to as the “Agreement”), are the final agreement between Extech Building Materials, Inc. (“Seller”) and the buyer indicated on the purchase order (“Buyer”) and are a complete and exclusive statement of the terms of sale, superseding all understandings and negotiations concerning the purchase order. Any representations, promises, warranties or statements made by any party that differ from the terms of this Agreement, including, but not limited to pricing, shall be given no force or effect. The pricing stated on the order form has been accepted by the Purchaser and shall not be modified by any course or dealing, usage of trade, custom, or otherwise. No addition to or modification of any provision of this Agreement shall be binding upon any party UNLESS made in writing and signed by all parties. This Agreement binds and inures to the benefit of the respective executors, administrators, successors, heirs and assigns of the parties.

2. This order includes only standard material orders unless otherwise stated herein. Seller makes NO WARRANTY OF MERCHANTABILITY OR THAT MATERIAL SUPPLIED HEREUNDER SHALL BE FIT FOR ANY PARTICULAR PURPOSE OR LOCAL CODE; NO OTHER WARRANTY EXPRESS OR IMPLIED is made. Seller’s liability for damages of any kind is limited to the purchase price of the shipment as to which damages are claimed.

3. Any tax or other government charge upon production, sale and/or shipment of goods sold under this quotation now imposed by Federal, State, or Municipal authorities or hereafter becoming effective within the period that this contact remains in force, shall be paid by the Buyer, unless an appropriate signed resale or other exemption certificate is supplied.

4. Seller is not responsible for and will not be held liable for damage and/or injury caused to buildings, contents, products or persons caused by any negligence of Buyer or any other party in the installation of any products sold to Buyer by Seller.

5. Seller may recover for each delivery hereunder as a separate transaction, without reference to any other delivery. If Buyer is in default with respect to any of the terms or conditions of this or any other contract with Seller, Seller may, at its option, defer further deliveries hereunder until such default is remedied (in which event, if Seller elects, the delivery period shall be deemed extended by time equal to that during which deliveries shall be deferred), or, without prejudice to any other legal remedy, Seller may decline further performance hereof. Termination or suspension of contract or the retaking of materials under any of these conditions shall not prejudice any claims of Seller for breach of contract.

6. As to all goods sold hereunder, Buyer releases Seller from all liability for personal injuries, known or unknown, and damage to property real or personal caused by or arising from the goods, and agrees not to sue Seller under any theory of tort, negligence, strict liability, or otherwise for personal injuries and property damage which in any manner arises out of the sale, use, application, transportation or otherwise of the goods. These disclaimers of warranty and of liability are binding upon Buyer and any successors in title, assigns, transferees, and ultimate users. Buyer shall indemnify and hold Seller harmless from all property damage and personal injury claims, awards and judgments, including fines, penalties, attorney fees, and costs arising from Seller’s sale and/or delivery of the goods under this contract. Any arbitration by Buyer against Seller for breach of this Agreement, or for any other cause, must be filed within one (1) year after the date of delivery, or due date of delivery in the event of non-delivery of the particular shipment upon which such claim is based.

7. A service charge/administrative fee of two percent per month will be charged on all accounts remaining unpaid after thirty (30) days from the delivery of material to the Buyer, unless otherwise specified. If that rate exceeds the legally enforceable rate, Buyer will pay the maximum legal rate. If Seller uses legal remedies to collect payment, Buyer shall pay Seller all costs and expenses, including attorneys’ fees and collection costs.

8. Buyer shall pay in full for all special ordered or manufactured materials even if Buyer cancels the order prior to delivery. Buyer shall accept and pay for custom materials quantities that exceed the original order quantity not to exceed 10% of the order.

9. Delivery of materials to carriers at F.O.B. shipping point shall constitute delivery to Buyer and materials shall be at Buyer’s risk thereafter. If Seller is requested to make delivery to Buyer, insurance and collective bargaining agreements may preclude delivery beyond tailboard or the pavement of the nearest adjacent public road and Seller has no obligation to deliver beyond these points. Buyer assumes all liability for any delivery by Seller beyond these points and indemnifies and holds harmless Seller from and against any loss, damages or claims (including damage to the delivery vehicle itself), including attorneys’ fees and costs, arising therefrom.

10. Seller shall not be liable for any damages arising from delays in delivery of material.

11. Buyer shall immediately check and inspect materials on their arrival and if found short or damaged, shall file claim with the carrier and shall take full responsibility for collecting from the carrier for any damage or shortage occurring in transit. In the event of damage, defect, shortage or improper character of materials arising from error of the Seller, if Buyer shall give written notice by certified mail to Seller within three (3) days from receipt of the Buyer of the material from the carrier, Seller shall recondition or replace any such material within reasonable time. Failure to give three (3) days notice shall be waiver of all claims against Seller. Seller shall not be responsible for damages arising from the use of improper, damaged, or defective materials. No allowances will be made for labor, repairs, or alterations performed by the Buyer without the Seller’s written consent.

12. Should Buyer need to return merchandise: Please call our Customer Service Department and explain the problem. If a return is appropriate, you will be given a Return Authorization Number: (Please make note of this number.) All returns are subject to 25% handling charge. If the material is required to be picked up, a reasonable pick up charge will be applied. Our driver CANNOT accept returns unless he has a written Authorization Form from the office prior to leaving for his run. This form cannot be written while the driver is making a delivery. No returns after 30 days from delivery. No returns on all natural or manmade stone.

13. As to Special Orders, Buyer must pay in full at the time of order. Seller will notify Buyer as soon as material arrives and buyer must take possession of material, either arranging delivery or pickup, within 48 hours otherwise Buyer shall pay additional storage and handling charges. If Buyer fails to take delivery within 30 days thereafter, Seller may dispose of the materials at Buyer’s cost. If the special order includes materials with an expiration date, Seller may immediately dispose of expired materials at Buyer’s cost. No returns on special orders.

14. Seller reserves the right to make alterations, substitutions, or changes of design or material without any obligation to replace products previously shipped with such altered, modified, substituted or redesigned products. Details in Seller’s literature shall not be binding on Seller.

15. Failure by Seller to enforce Buyer’s compliance with any provision hereof shall not constitute waiver of that or any other provision.

16. Orders for standard stock items may be cancelled up to three (3) days after submission of order. Orders for custom or special order items are non-cancelable.

17. Any disputes arising out of this contract, our products, and our business relationship, shall, at Seller’s option, be resolved by arbitration in accordance with the rules of the American Arbitration Association, in the state, and pursuant to the laws of the state, in which Seller’s facility from which Buyer ordered, or from which Seller directed the products to be delivered, is located. If Seller does not elect arbitration, a court proceeding shall be without a jury and subject to the same state jurisdiction and law. This clause means that Buyer WAIVES ITS RIGHT TO A JURY TRIAL.

18. All product pricing is based upon Seller’s known wholesale cost at the time the order is priced by Seller. If the wholesale cost to Seller of any product item increases prior to delivery, Seller may increase the order price to Buyer. Other than special or custom orders which may not be cancelled, Buyer may elect prior to delivery to cancel any order for which the order price materially increases.

19. All shipping and delivery charges included in any order are estimates based upon known costs at the time of order. Such charges are subject to adjustment if actual costs differ at the time of shipment. Other than special or custom orders which can not be cancelled, Buyer may elect prior to delivery to cancel any order for which such shipping and delivery charges materially increase.

20. For orders originally scheduled to ship directly from the manufacturer to customer’s site, if shipment must be redirected to local warehouse, additional handling charges will be assessed. Storage charges will commence 30 days after receipt of redirected goods.

VER. 4/2023

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Landscaping (Professional Landscape Supply)

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Extech Building Materials, Inc.