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Consortium Terms & Conditions

 

Overview

The Lumber Consortium offers massively discounted rates on lumber purchased by members. The rates quoted in our program are confidential and your membership comes with confidentiality of said rates and membership in our program. Leaking these rates could cause irreparable damage to us and our suppliers.

Confidentiality Agreement

1. Definition of Confidential Information. For purposes of this Agreement, “Confidential Information” shall include all information or material that has or could have commercial value or other utility in the business in which Disclosing Party is engaged. If Confidential Information is in written form, the Disclosing Party shall label or stamp the materials with the word “Confidential” or some similar warning. If Confidential Information is transmitted orally, the Disclosing Party shall promptly provide a writing indicating that such oral communication constituted Confidential Information.

2. Exclusions from Confidential Information. Receiving Party’s obligations under this Agreement do not extend to information that is: (a) publicly known at the time of disclosure or subsequently becomes publicly known through no fault of the Receiving Party; (b) discovered or created by the Receiving Party before disclosure by Disclosing Party; (c) learned by the Receiving Party through legitimate means other than from the Disclosing Party or Disclosing Party’s representatives; or (d) is disclosed by Receiving Party with Disclosing Party’s prior written approval.

3. Obligations of Receiving Party. Receiving Party shall hold and maintain the Confidential Information in strictest confidence for the sole and exclusive benefit of the Disclosing Party. Receiving Party shall carefully restrict access to Confidential Information to employees, contractors, and third parties as is reasonably required and shall require those persons to sign nondisclosure restrictions at least as protective as those in this Agreement. Receiving Party shall not, without prior written approval of Disclosing Party, use for Receiving Party’s own benefit, publish, copy, or otherwise disclose to others, or permit the use by others for their benefit or to the detriment of Disclosing Party, any Confidential Information. Receiving Party shall return to Disclosing Party any and all records, notes, and other written, printed, or tangible materials in its possession pertaining to Confidential Information immediately if Disclosing Party requests it in writing.

4. Time Periods. The nondisclosure provisions of this Agreement shall survive the termination of this Agreement and Receiving Party’s duty to hold Confidential Information in confidence shall remain in effect until the Confidential Information no longer qualifies as a trade secret or until Disclosing Party sends Receiving Party written notice releasing Receiving Party from this Agreement, whichever occurs first.

5. Relationships. Nothing contained in this Agreement shall be deemed to constitute either party a partner, joint venturer or employee of the other party for any purpose.

6. Severability. If a court finds any provision of this Agreement invalid or unenforceable, the remainder of this Agreement shall be interpreted so as best to effect the intent of the parties.

7. Integration. This Agreement expresses the complete understanding of the parties with respect to the subject matter and supersedes all prior proposals, agreements, representations, and understandings. This Agreement may not be amended except in a writing signed by both parties.

8. Waiver. The failure to exercise any right provided in this Agreement shall not be a waiver of prior or subsequent rights.
This Agreement and each party’s obligations shall be binding on the representatives, assigns, and successors of such party. Each party has signed this Agreement through its authorized representative.

Agreement to Not Resale

Every order purchased by you is for use by you or your company use only. If you purchase on behalf of another company you will be banned from our Consortium and legal action will be taken.

Protecting Our Suppliers

Most the time our suppliers do not want to talk to “customers”. By joining you also agree that any information that may be seen by you such as rates, supply warehouses, distributors, dealers, shipping warehouses, shipping rates, suppliers, importers or any affiliated business to us are private, our property and covered by our confidentiality agreement. You agree not to circumvent our Lumber Consortium for purchase from any of our affiliated companies. Doing so could cause irreparable damage to our Consortium. If you attempt to contact our suppliers you will be banned from the consortium and legal action will be taken for damages and loss of business. A word of warning that the amount of business we provide to them is more valuable than your account and in almost every circumstance they will notify us as that is in our agreement and you will lose your ability to purchase lumber at this rate and legal action will be taken. It really is not worth it.

Fast Shipping

Orders are usually shipped 1-5 business days from when order is placed. We strive to make our customer happy. If you need your order rushed let us know so that we can accommodate you to the best of our ability. We understand that often times you have specific requirements for jobs and we are happy to assist you. Sometimes we will take an order if we know we have inventory coming in and it may take a little longer, if you have specific requirements be sure to tell us, we want you to get the wood you want when you want.

Shipping

Unloading Shipment

Business freight deliveries or freight deliveries that are dock to dock, require the receiving party  to remove the product from the truck via a loading dock or with a forklift.
For residential deliveries the freight company is responsible to place the material at the tailgate of the truck. The wood owner (you) is responsible to hand unload it from that position. If you are unable to do this or for larger orders we recommend you upgrade and get lift gate service. Any addition fees coming from shipping are the responsibility of the wood owner (you).

Ipe is an extremely dense wood, making it very heavy. The best and least expensive way to ship ipe is by LTL carrier to a loading dock or LTL terminal. However if that loading dock is not the final destination and you do not have a way to transport it after it reaches that loading it can be extremely difficult to move again to your final destination.

If the shipping is more than what was quoted in your order we will contact you. If it is less than we will simply issue a refund in the amount of difference on request.

If any additional shipping charges arise from requests you the customer make to the shipping company you will be liable for those charges.

In the event of damage, get a written acknowledgement from the shipping company at the time you receive the shipment. The wood becomes your property when we load it and give it to the shipping company. If there is damage you will need to file a claim with the shipping company. If there is unseen damage you usually have 10 days to file a claim for “concealed” damage.

Delivery Refusal
If you the customer refuse a delivery for any reason other than something agreed on in writing, you the customer will be responsible for all shipping and re-delivery and or return shipping fees. It is important to note that freight deliveries are always curbside. Curbside means next to the curb on the street.

Drivers are not obligated to deliver freight into driveways or garages.

Inside delivery is not available.

Inventory

We reserve the right to cancel any order for any reason including but not limited too error in shipping charges, error in product price and/or out of stock.

Billing

Memberships are billed on a monthly basis, but require a one year commitment. This program is built for companies that order multiple or large quantities of lumber. Unless mutually agreed upon otherwise, payment will be deducted monthly on the same day you signed up, in advance of the month in which Service is to be provided and are payable. If payment fails and is not received by the due date (Delinquent Payment(s)), Ipe Woods USA will assess, until such time as payment in full is made, a late payment charge of the Delinquent Payment multiplied by the lesser of: (a) one and one-half percent (1.5%) per month compounded monthly; or (b) the maximum rate permitted by applicable law.

Termination

We reserve the right to cancel your membership for any reason or without reason at any time. You may also cancel your agreement for any reason or without reason anytime. If you cancel prior to one year you will be billed for the difference between consortium price and actual price for product already purchased.

Implied Guarantees

Ipe Woods USA makes no warranties or guarantees, express or implied, under this Agreement or otherwise in connection with consortium’s services under this Agreement.

Liability

Neither party to this Agreement shall be liable to the other party for any consequential, indirect, special or incidental damages under any provisions of this Agreement or for any consequential, indirect, penal, special or incidental damages arising out of any act or failure to act hereunder even if that party has been advised of or has foreseen the possibility of such damages.

Neither party will be liable for breach-of-contract damages that are remote or speculative, or that the breaching party could not reasonably have foreseen on entry into this agreement.

Disputes

All claims, disputes, and controversies arising out of or in relation to the performance, interpretation, application, or enforcement of this agreement, including but not limited to breach thereof, shall be referred to mediation before, and as a condition precedent to, the initiation of any adjudicative action or proceeding, including arbitration.

Deposits

Deposits on future orders are non-refundable.

Availability

Not all wood types are always available in all sizes. So we do not guarantee that every type of wood is available, nor that any specific size is available. We want your complete satisfaction please understand we sell natural wood that are grown and harvested. Many factors go into the availability of wood. We want you happy so we of course will do our best. It is in our best interest to help you find the wood you want.

Premium Decking Grading Rules:

  • 3% of worm holes are allowed in 1 face only, on clear face holes are only allowed on the edge- within the extra 1″
  • Sapwood and “stained sapwood” are allowed only on edges of 1 face, the other face needs to be free of sapwood or stains **** Sapwood is not allowed in the middle of the board, and sapwood with pin holes are not allowed****
  • Milling defects are only accepted in 1 face of the board if it has been sanded and it doesn’t change the structure of the board (width and thickness) ****milling defects that change the structure of the board are not accepted in neither face, only on the extra 1” of the board****
  • Grain Tear Out- as long the pieces are smooth, but it will be consider within the 3%-5% of total defect’s tolerance
  • Closed knots are only accepted in 1 face and as long as it doesn’t exceed the 3% of defects within the board
  • Open knots are not allowed in either face
  • Burn marks are not allowed in either face
  • End seal has to be a thick wax or paraffin; liquid gel is not allowed
  • Warp, Bow, Crook, Cup or any variation of shall not exceed 1/8″ per foot

Lowest Price Guarantees

We strive to be the lowest price by shopping competitors and putting our product up for equal or less. If in the unlikely event we can not match or beat a price we will send a gift card for stumping us. Limit one per person and/or business and at the sole discretion of Ipe Woods USA. Only valid on equal products.

RETURN AND EXCHANGE


Your order is very important to us! Ipe is a very dense and costly wood to ship and mill. We may have had to alter the lumber for your special order.

Due to the nature of our business we are unable to guarantee any returns or exchanges. In a rare or extenuating circumstance that we would make exception to this rule (at our sole discretion) the guidelines below would apply. This rare or extenuating circumstance would be for defective or damaged items and require prior approval prior to return.

Any agreement made needs to be in writing and signed by us.  Get it in writing! No verbal agreements will be accepted. Nor should any verbal agreements be made.

To be eligible for a return (if applicable), your lumber must be unused or altered (NOT CUT DRILLED OR MODIFIED IN ANY WAY).

To complete your return, we require a invoice or proof of purchase.

Refunds (if applicable):
The address for return may differ from the address lumber was sent from. It also differs from our address. You will need to get the correct return address prior to shipping any returns. This will be included in the return acceptance letter we send you. All products remain your property until we accept it in writing directly to you. Acceptance of a shipment is not acceptance of ownership or responsibility for storage. If you ship us lumber, we will accept or decline the refund in writing. If it is rejected than it is your responsibility to ship and/or remove the lumber from our or our affiliate property. We accept no responsibility to store your lumber in any specific condition. Lumber left on our property will be considered abandoned after 30 days from being rejected in writing.

Exchanges (if applicable):
The address for return may differ from the address lumber was sent from. It also differs from our address. You will need to get the correct return address prior to shipping any exchanges. We only will replace items if they are defective. Lumber varies in color, grain and other condition naturally. That does not make it defective. We try to sell only the highest quality Ipe or specifically note defective or low quality lumber prior to shipping. If you need to exchange it for the same item, send us an email at [email protected] prior to shipping it back. We can help to determine the location to send exchanges back to please contact us.

Shipping
The address for return may differ from the address lumber was sent from. It also differs from our address. You will need to get the correct return address prior to shipping.

Shipping costs to and from are non-refundable.  Contact us so that we can set up a discounted rate for your return or exchange shipping.

Shipping times vary based on location we send it from and LTL carrier.

We don’t guarantee that we will receive your returned item. So buy insurance and tracking when returning an item.

Disputes

In the event of a dispute arising out of or relating to this contract, including any question regarding its existence, validity or termination, the parties shall seek settlement of that dispute by mediation in the state of Wyoming or another mutually agreed upon in writing.

Information on Ipe Decking, Siding and Fencing.

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