Terms of service
These Terms and Conditions of Sale and Service (“Terms”) govern all sales of materials and provision of services by Green Hills Supply (“Company”) to the purchaser or recipient (“Customer”). By ordering, accepting delivery of, or paying for any materials or services, Customer agrees to be bound by these Terms.
1. SCOPE OF AGREEMENT
These Terms apply to all quotations, proposals, estimates, invoices, sales, and services provided by Company. Any additional or different terms proposed by Customer are expressly rejected unless agreed to in a written instrument signed by Company.
These Terms apply to all quotations, proposals, estimates, invoices, sales, and services provided by Company. Any additional or different terms proposed by Customer are expressly rejected unless agreed to in a written instrument signed by Company.
2. PRICING AND AVAILABILITY
All prices are subject to change without notice prior to acceptance of an order. Quotations are valid only for the period stated therein, or if no period is stated, for a reasonable time. Company reserves the right to modify, discontinue, or substitute materials of substantially similar kind, quality, and function.
All prices are subject to change without notice prior to acceptance of an order. Quotations are valid only for the period stated therein, or if no period is stated, for a reasonable time. Company reserves the right to modify, discontinue, or substitute materials of substantially similar kind, quality, and function.
3. PAYMENT TERMS
Unless otherwise agreed in writing, all invoices are due and payable upon receipt. Company may, in its sole discretion, extend credit to Customer, which may be modified or withdrawn at any time.
Unless otherwise agreed in writing, all invoices are due and payable upon receipt. Company may, in its sole discretion, extend credit to Customer, which may be modified or withdrawn at any time.
Any amounts not paid when due may accrue interest at the maximum rate permitted under applicable law. Company reserves the right to suspend performance, withhold deliveries, or cancel orders in the event of Customer’s nonpayment or breach.
4. DELIVERY; TITLE; RISK OF LOSS
Delivery dates are estimates only and shall not be deemed guarantees. Title to and risk of loss for materials shall pass to Customer upon delivery to the job site or other designated location, regardless of whether installation has occurred.
Delivery dates are estimates only and shall not be deemed guarantees. Title to and risk of loss for materials shall pass to Customer upon delivery to the job site or other designated location, regardless of whether installation has occurred.
Customer shall inspect all materials promptly upon delivery. Any claims for shortage, defect, or damage that is reasonably discoverable upon inspection must be made in writing within twenty four (24) hours of delivery. Failure to timely notify Company shall constitute acceptance of the materials.
5. RETURNS; CANCELLATIONS
No returns shall be accepted without prior written authorization from Company. Approved returns may be subject to restocking fees and other conditions. Custom, special-order, or non-resalable materials are non-returnable.
No returns shall be accepted without prior written authorization from Company. Approved returns may be subject to restocking fees and other conditions. Custom, special-order, or non-resalable materials are non-returnable.
Orders may not be canceled without Company’s consent. Customer shall be responsible for all costs and expenses incurred by Company prior to cancellation, including but not limited to procurement, handling, and administrative costs.
6. WARRANTIES; DISCLAIMER
Company makes no warranties, express or implied, except as expressly set forth in a written agreement signed by Company. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Company makes no warranties, express or implied, except as expressly set forth in a written agreement signed by Company. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
To the extent applicable, any manufacturer warranties are hereby assigned or passed through to Customer without recourse to Company.
7. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, LOSS OF USE, DELAY DAMAGES, OR COSTS OF SUBSTITUTE PERFORMANCE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, LOSS OF USE, DELAY DAMAGES, OR COSTS OF SUBSTITUTE PERFORMANCE.
IN NO EVENT SHALL COMPANY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO ANY TRANSACTION EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER FOR THE SPECIFIC MATERIALS OR SERVICES GIVING RISE TO THE CLAIM.
8. INDEMNIFICATION
Customer shall indemnify, defend, and hold harmless Company, its owners, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to Customer’s handling, installation, use, misuse, or modification of materials supplied by Company.
Customer shall indemnify, defend, and hold harmless Company, its owners, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to Customer’s handling, installation, use, misuse, or modification of materials supplied by Company.
9. DEFAULT; COLLECTION; LIEN RIGHTS
In the event of Customer’s failure to make payment when due, Company shall be entitled to exercise all rights and remedies available at law or in equity, including but not limited to suspension of performance, acceleration of amounts due, collection actions, and assertion of construction lien rights where permitted.
In the event of Customer’s failure to make payment when due, Company shall be entitled to exercise all rights and remedies available at law or in equity, including but not limited to suspension of performance, acceleration of amounts due, collection actions, and assertion of construction lien rights where permitted.
Wisconsin Notice Requirements: For certain residential or home improvement transactions, Company shall provide any notices required under Wisconsin law, including any required pre-lien notices, prior to asserting lien rights.
Customer agrees to pay all costs of collection incurred by Company to the extent permitted by law, including reasonable attorneys’ fees, court costs, filing fees, and interest.
10. SUSPENSION; TERMINATION
Company reserves the right, upon written notice, to suspend or terminate performance in whole or in part if Customer breaches these Terms, fails to make timely payment, or if Company reasonably determines that performance would be unsafe or commercially impracticable.
Company reserves the right, upon written notice, to suspend or terminate performance in whole or in part if Customer breaches these Terms, fails to make timely payment, or if Company reasonably determines that performance would be unsafe or commercially impracticable.
11. FORCE MAJEURE
Company shall not be liable for any delay or failure in performance due to causes beyond its reasonable control, including but not limited to acts of God, weather events, labor disputes, supply chain disruptions, transportation delays, governmental actions, or material shortages. Performance shall be extended for a period equal to the duration of such delay.
Company shall not be liable for any delay or failure in performance due to causes beyond its reasonable control, including but not limited to acts of God, weather events, labor disputes, supply chain disruptions, transportation delays, governmental actions, or material shortages. Performance shall be extended for a period equal to the duration of such delay.
12. GOVERNING LAW; VENUE
These Terms shall be governed by and construed in accordance with the laws of the State of Wisconsin, without regard to conflict of law principles. Any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in a state or federal court of competent jurisdiction located within the State of Wisconsin.
These Terms shall be governed by and construed in accordance with the laws of the State of Wisconsin, without regard to conflict of law principles. Any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in a state or federal court of competent jurisdiction located within the State of Wisconsin.
13. ENTIRE AGREEMENT
These Terms, together with any written agreements, estimates, or invoices issued by Company, constitute the entire agreement between the parties and supersede all prior or contemporaneous negotiations, representations, or agreements.
These Terms, together with any written agreements, estimates, or invoices issued by Company, constitute the entire agreement between the parties and supersede all prior or contemporaneous negotiations, representations, or agreements.
14. SEVERABILITY
If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.
If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.
15. WAIVER
No waiver by Company of any breach shall be deemed a waiver of any subsequent breach. Any waiver must be in writing and signed by Company.
No waiver by Company of any breach shall be deemed a waiver of any subsequent breach. Any waiver must be in writing and signed by Company.
16. AMENDMENTS
Company reserves the right to amend these Terms at any time. Any such amendments shall become effective upon posting or upon written notice to Customer, as determined by Company.
Company reserves the right to amend these Terms at any time. Any such amendments shall become effective upon posting or upon written notice to Customer, as determined by Company.