OTHER GENERAL CONDITIONS AND TERMS OF SALE

As stated on the front of Sepulveda Building Materials invoices, “THE PURCHASER AGREES TO THE TERMS AND CONDITIONS HERON, INCLUDING THE REVERSE SIDE, AND ACKNOWLEDGES THAT HE/SHE HAS RECEIVED A COPY HEREOF.” The “Important Customer Notice” and “Other General Conditions and Terms of Sale” shown below is a copy of the reverse side of our invoices. All purchases from Sepulveda Building Materials, online or in-store, are subject to these terms and conditions. Please feel free to Contact Us with with and questions or concerns. Thank you!

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IMPORTANT CUSTOMER NOTICE
VARIATIONS ARE INHERENT IN ALL PRODUCTS – USE CONSTITUTES ACCEPTANCE

Any questions regarding acceptability of these products must be resolved prior to installation - no adjustment will be made after installation. Please contact a company representative or management staff if you have any questions.

OTHER GENERAL CONDITIONS AND TERMS OF SALE

WARRANTIES THERE ARE NO WARRANTIES EITHER EXPRESSED OR IMPLIED, WHICH EXTEND BEYOND THE MANUFACTURER’S WARRANTY. SELLER DOES NOT KNOW OR HAVE REASON TO KNOW OF ANY PARTICULAR PURPOSE FOR WHICH BUYER REQUIRES THE GOODS AND DOES NOT REPRESENT THAT THE GOODS SHALL BE FIT FOR ANY PARTICULAR PURPOSE. BUYER IS NOT RELYING ON SELLER’S SKILL OR JUDGEMENT IN THE SELECTION OF GOODS.

NATURAL PRODUCTS Natural Products including stone and slate may vary in size, thickness, texture and color. They may flake, rust, or even change color after installation. Many factors including size of pieces, thickness, density, joint size, and waste make it very difficult to accurately estimate square foot coverage. Any discussion a staff member has had with you or any coverage guides we have supplied are to be used as a guideline only. As the consumer, you are fully responsible for your project needs, We will deliver the quantity and type of material ordered with no warrant of coverage, or that the goods shall be fit for any particular purpose.

DELIVERIES All claims for shortage or allowance must be made in writing 24 hours from date of delivery. Seller is not liable for damages resulting from injury to persons or properly, or for other incidental or consequential damages. Seller shall not be liable for any delays or defaults in making delivery where occasioned by any cause of any kind or extent beyond its control, including, but not limited to, action of any governmental authority; shortages of labor, raw materials, production facilities or transportation, labor difficulties; fires; floods; or accidents. Seller will make delivery inside of curb or property line at the sole risk of owner or contractor requesting such service. A delivery could consist of a will call at one of Sepulveda’s locations, via your own or your agent’s vehicle(s), or transported by Sepulveda’s vehicle(s).

RISK OF LOSS Risk of loss or damage to or destruction of the goods shall pass to the purchaser upon delivery by seller to a carrier specified by purchaser for shipment to purchaser or upon tender of the goods to an agent; employee, or representative of purchaser.

TITLE OF MERCHANDISE Title to the goods shall remain in seller until the full purchase price is paid by purchaser. If purchaser pays by check, the seller retains title until the check is finally paid. The making of each payment when it falls due is the essence of this agreement and in case of failure to do so, or in case purchaser fails to make any other payment due to seller then, in addition to any other remedies it may have, seller may, at its election, cancel this contract and declare due the entire amount unpaid. The acceptance of any payment by seller after the due date is not a waiver of this right.

RETURNS Absolutely no returns on chemicals, sealers, bulk materials, bricks, cement, stone, sack materials, special order or cut to size items. All materials and pallets that may be returnable are subject to a count and inspection at our yard and must be accompanied by sales invoices. A 25% RESTOCK CHARGE WILL BE ASSESSED TO ALL MATERIALS DEEMED RETURNABLE. APPLICABLE REFUNDS WILL BE SENT VIA U.S. MAIL WITHIN 30 DAYS OF APPROVED CREDIT INVOICE DATE. NO RETURNS ACCEPTED AFTER 30 DAYS FROM PURCHASE DATE.

PALLETS A security deposit and a rental fee will be charged for the use of each pallet. The security deposit will be credited or refunded upon the return of the pallet to Sepulveda Building Materials within (30) days, PROVIDED PALLET IS IN UNDAMAGED AND USABLE CONDITION. The amount of the security deposit and rental fee can be found on the original receipt of purchase.

PAYMENT TERMS All open account payments are due and payable on the 10th, delinquent on the 15th, and C.O.D. on the 20th of the month following the month of purchase. A late charge will be made on accounts 30 or more days past due. Failure to pay before date of delinquence shall allow SEPULVEDA BUILDING MATERIALS to charge all costs of collection including reasonable attorney fees, whether or not suit is instituted. Buyer and seller agree that the county of Los Angeles has venue in the event of litigation.

IMPORTANT NOTICE REGARDING CALIFORNIA HEALTH AND SAFETY CODE §252495 ET SEQ. (“PROP 65”)

The State of California requires that certain warnings be given concerning certain products sold hereunder which may be subject to Proposition 65, as follows:

WARNING: This Product Contains Chemicals Known To The State Of California To Cause Cancer, Or Birth Defects Or Other Reproductive Harm.

ADVERTENCIA: Este Producto Contiene Componente Qumicos Conocido En El Estado De California Como Causante De Cancer, Defectos De Nacimiento Y Otros Danos Al Sistema Reproductor.

Customer’s placement of this order with Sepulveda Building Materials is considered customer’s acknowledgement of receipt of the foregoing warnings, customer’s acknowledgement of customer’s duty under Prop 65 and customer’s agreement to provide all required warnings under Prop 65 to customer’s own customers. Furthermore, by accepting and offering for sale the products hereunder, customer specifically agrees to defend, indemnify, hold harmless, and reimburse Sepulveda Building Materials and all of its officers, directors, employees, members, agents, representatives, affiliates, successors, and assigns from and against all claims, causes of action, rights of action, damages, liabilities, fines, penalties, costs, and attorneys’ fees brought or threatened against, imposed upon, or incurred by Sepulveda Building Materials based upon any failure by customer to comply with the warning provisions of Prop 65.

LIMITATIONS ON DAMAGES IN NO EVENT SHALL SEPULVEDA BUILDING MATERIALS BE LIABLE FOB SPECIAL, CONSEQUENTIAL OR INCIDENTAL COSTS OR DAMAGES OF ANY KIND, HOWEVER CAUSED, WHETHER ARISING FROM CONTRACT, TORT, NEGLIGENCE OB OTHERWISE, INCLUDING (WITHOUT LIMITATION] DAMAGES TO PERSONS OR PROPERTY LOSS OF PROFITS, GOODWILL, OVERHEAD COSTS OR PROCUREMENT OF SUBSTITUTE GOODS, LOSS OF PROFITS, OR ANY OTHER LIKE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, SEPULVEDA BUILDING MATERIALS AGGREGATE LIABILITY TO CUSTOMER AND THIRD PARTIES SHALL NOT EXCEED THE REFUNDING OF THE PURCHASE PRICE OF THE PRODUCTS SOLD HEREUNDER.

CANCELLATION Sepulveda Building Materials reserves the right to cancel any unfilled order immediately and without notice to customer in the event that customer becomes insolvent, is adjudicated bankrupt, petitions for or consents to any relief under any bankruptcy reorganization statutes, or in the judgments of Sepulveda Building Materials is unable to timely meet its financial obligations in the normal course of business.

FAILURE TO PAY In the event customer fails to fulfill the terms of payment or if Sepulveda Building Materials shall have any doubt at any time as to customer’s financial responsibility, Sepulveda Building Materials may decline to make any further deliveries except upon receipt of payment in cash or other security satisfactory to Sepulveda Building Materials. In addition, Sepulveda Building Materials shall have all rights and remedies at law or equity available under California law to collect any unpaid amounts owed by customer. Customer hereby agrees to indemnify and hold harmless Sepulveda Building Materials and all of its officers, directors, employees, members, agents, representatives, affiliates, successors, and assigns against any claims, losses, damages, or expenses arising from a refusal to make deliveries resulting from customers failure to pay described herein.

SPECIAL ORDERS All special order sales are final. Absolutely no returns or refunds will be granted. All special orders are to be paid in advance. Charge account orders will be charged on the date of order and not on the expected arrival date of the product. This is necessary to ensure that buyer is serious about taking possession of goods. All products must be picked up within 45 days of original date of invoice. (Date on this ticket).

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