TERMS OF SALE (OFFICIAL)

 

ORDER ACCURACY

The responsibility for Order accuracy is yours. A materials list that we help you develop is only an estimate of the materials required for your job based on our understanding of the information you have provided. Design changes during construction, construction methods, site variations, mistakes in calculation or omission (caused by any party), and other factors will affect the accuracy of the materials list. We make no warranty of accuracy or completeness for our assistance in developing your materials list. We require you to review the Order thoroughly and make any changes that you feel necessary before approving your Order.

TRANSFER OF OWNERSHIP

You are the owner of material when you or your agent takes possession of it. By taking possession of material, you take responsibility for the payment of that material.

PERFECTION

We do not guarantee perfection in the items we provide. We do not guarantee perfect quality from the manufacturers, nor do we guarantee perfect condition as the item travels through the stages of handling and distribution. Our intention and obligation is to provide merchantable products, meaning "…of fair and average quality within the description; are fit for the ordinary purposes for which such goods are used…" (see Colorado Revised Statutes 4-2-314).

However, our team makes efforts above the industry’s norms in our buying, storing, and handling to reduce the amount of "defects" with your order. We do not have control over the manufacturing, storage and handling of items before they are in our care. However, we do make a reasonable effort to preserve the quality of the items we receive from our supply chain. For items we stock, we may have a greater chance of noticing defects and removing items from inventory or otherwise improving the condition of your order. For special-orders, we have little to no opportunity to improve the condition of your order.

RETURNS – ORIGINAL CONDITION

If you over-order, or Order (or receive) the wrong material, please keep your material in original condition by keeping it clean, dry, and free from scratches so the next customer gets the same quality. Original condition means that the returned item can sit next to a new like item with no obvious difference. In addition, keep the factory packaging (if applicable) in original condition, as packaging is a part of the product. Many items change in appearance when left outside; please store items to be returned out of the weather. Remember that over-ordering material is not in your best interest, because it wastes your time and puts your material at risk of not being returnable. Items not clean enough to determine whether they are returnable will be considered non-returnable. We will not accept returns that are not in original condition.

RETURNS – RESTOCKING FEE

Due to the cost of handling, packaging, un-packaging, and re-handling material, returns over have processing fee of at least 10%. All locally warehoused (non-stocking) items are subject to additional restocking fees. There are no returns for special-order, clearance, or custom-milled materials and any other items specified as non-returnable on your Order.

RETURNS – CREDIT

Please bring your copy of the Order if you need to return items. We keep Orders, but if your returns are in question, and we cannot find the Order, we will either (at our discretion) refuse the returned items or offer an exchange of equal or lesser value. If we determine that items were not purchased from The Deck Superstore, we will not issue credit or a refund, and it will be your responsibility to remove your items if they are at our location. We will not issue a credit or a refund for returned items until we have inspected the item(s) for resale value. No credit will be issued after 120 days.

Based on payment, refunds will be issued as follows:

• Credit/debit card: we will only issue refunds back to the original card.

• Check: the original check must "clear" before we issue a refund check within three business days.

• Cash: a refund might not be immediately available, in which case we will mail a refund check within three business days.

If you have attempted to return items to us, and they are deemed un-returnable for any reason, and they remain at our location for two weeks without your reclaiming them, then we will assume ownership of those items to re-purpose for samples, packaging, or any other purpose we deem appropriate.

SALES TAX OVERCHARGES AND UNDERCHARGES

The sales tax rate charged for building materials varies according to the location of the delivery. If we make a change or error in the assigned tax rate, which results in your paying a higher tax rate than you should have paid, notify us of the error and we will refund the difference. If the change or error in tax rate requires a correction of less than $25, and you do not notify us, we will not keep your money but instead pay the higher amount to the sales tax agencies. If the correction is more than $25, we will contact you when we discover the need for correction to arrange to refund the difference.

If we make a change or error in the assigned tax rate which results in your paying a lower tax rate than you should have paid, we will contact you and arrange for you to pay the difference.

SAW CUTS AND OTHER MODIFICATIONS AS A SERVICE

We do not cut/modify material to your specifications until you have assumed ownership of it. In the case of material to be modified, you assume ownership of the material when you sign for it. Signing for material to be modified states that you have verified in person that both the material to be modified and the specified modification are correct.

WILL-CALLS

When you pick up materials at our location, we intend the safety of people, the safety of your vehicle, and security of the material. Our staff often helps customers load materials on/into their vehicles and occasionally offers suggestions to help you load and secure materials. However, even if a member of our staff expresses approval for how your load is secured to your vehicle, in no case will The Deck Superstore assume responsibility for the security of your load. The law holds the licensed driver responsible for the security of the load. It is your (the driver’s) responsibility to (1) load the materials on/into the vehicle and (2) to ensure the security of the load. We can provide a red flag for materials that extend beyond your vehicle to help you comply with the law.

When you direct (or give permission to) our staff to load materials on/into your vehicle or trailer, you assume responsibility for any damage that may occur during or after the loading or securing of materials, including (but not limited to) damage to the material, damage to your vehicle (for example: paint, windows, interior fabric, accessories, etc.) or damage to any person or other property. Our staff, at their discretion, can refuse your request for help to load material on/into your vehicle.

When we bring materials to you, please check that the materials are correct before you leave our location. If you find that we have made an error in pulling your order, we will only correct the error if you return the material to our location; we will not be obligated to correct the error by sending a delivery truck to your job site. Please keep material to be exchanged in original condition.

DELIVERIES

If you cancel a scheduled delivery within 24 hours, you must pay the delivery fee. The delivery service is a per-trip transportation service and is not tied to or "included with" any of the items being delivered. If items scheduled to be delivered are back-ordered (will not arrive in time to be included on the delivery), the delivery service will not apply to the back-ordered items, but only to those items being delivered. Often you will have the opportunity to decide whether to delay the delivery, or to take delivery on the available items and will-call the back-ordered items.

Delivered materials will be delivered curbside at the address on your Order, unless you sign a waiver at delivery. We reserve the right to refuse your request for a waiver, subject to our driver’s discretion of safety. Signing the waiver means that you take responsibility for potential damage to the home, garage, yard, driveway, or any other property, and bodily harm to yourself or others present.

Most materials are delivered to the ground surface mechanically by a tilt-bed delivery truck. If you request items to be returned during a delivery, there must be someone at the job site to help hand load the materials back onto the delivery truck. If you need us to pick up your returns after the original delivery, a pickup fee will apply.

MISTAKES AND DAMAGE

If you find that item’s we delivered are not correct (not matching the item descriptions on your order) or not merchantable (see the section "Perfection" above), then report that to us within 7 days after delivery. We will deliver what was on the original Order, and we will take back the incorrect or un-merchantable product in its whole, unused, original, received condition. If you cut, use, or install the incorrect or un-merchantable product, it will not be considered returnable, and you will have to pay for the replacement if you want it replaced. You will not be charged for the correcting delivery only if we are correcting the items delivered to match the Order; if you want additional items to be delivered or returned along with the correcting delivery, then you must pay an additional delivery fee. We cannot guarantee the timing of the original or correcting delivery, but we will make an effort to deliver reasonably soon (see out-of-town exceptions beyond 45 miles).

CHANGE-ORDER FEES

If you make any change to your Order after your Order is packaged and ready to be delivered to your vehicle or your delivery address, it may take considerable effort for our staff to un-pack, restock, pack and re-band your order. At our discretion, you will be charged a rate of $45 per man-hour for the estimated time required to process the entire change.

DRAWINGS

The drawings we help you generate, including those drawings made using CAD software, are merely helpful scaled visuals of your deck project. We are not liable for mistakes or omissions on drawings. While our drawings may help you show your plans to your HOA or a building department, they do not provide the same level of detail as an architect’s drawings, an engineer’s drawings or building blueprints.

WOOD

Wood is a product of nature – every piece is unique and varied. We make an effort to buy better stock within the grades and store and handle our lumber to prevent defects. Some imperfections, however, are inevitable. Therefore, we cannot warrant the wood itself except in extreme cases. In those cases, we will only make an exchange for the same amounts and grades. Make sure you purchase the appropriate lumber grade for the job (for example, con-common redwood is not usually appropriate for railing). No sorting is allowed for lumber. We cannot accept returns for special-order wood.

PAYMENT

We require payment in full before materials are delivered. For products not in stock, we require payment before we order your materials. Returned checks are subject to a $50 penalty (subject to CRS 4-2-708).

CHANGES IN AVAILABILITY

The availability status of items may change outside of our knowledge. If you have already paid for items that are unavailable, we will refund your payment.

DOMINANT AGREEMENT

Your Order is the dominant agreement over any other written or spoken discussions related to an order. If any written or spoken agreements related to this Order are not included with your Order or are in conflict with your Order, your Order will take precedence. By entering into a transaction, you accept these Terms of Sale.

Terms of Sale updated 2/3/2020