A 20% restocking fee is applied on returns within 14 days of purchase. No returns, refunds or exchanges without a sales receipt. No returns, refunds or exchanges on bagged goods (i.e. cement, thin sets, mortars, sand, etc.). No returns, refunds or exchanges on custom orders and merchandise( i.e., custom-cut, custom-made products, custom paint, or tinted coatings) in any presentation .  

Seller has no obligation to accept any Brick, Block or Product the buyer make seek to return. If, at its discretion, Seller agrees to take back such Brick, Block or Product, it shall be returned at Buyer’s expense, with Buyer paying all costs of transport, and bearing all risk of loss until such Brick, Block or Product, has been accepted by Seller at Seller’s facility. All returned brick, block and products must be in saleable condition and bricks in full cubes only. Buyer shall also be required to pay a restocking fee equal to twenty percent (20%) of the cost of all Brick, Block or Product returned to Seller. 

LMS Material Supply, Inc. is not responsible for any paid goods left over 30 days

Documents containing the words, Quote, Estimate work order are comprised to help estimate any type of work. The following amounts are only a “good faith estimate”. Contractors, subcontractors, owners, and/or purchaser, are responsible for the final estimate quantities. LMS Material Supply assumes no responsibility or liability for shortage or coverage in the amounts we provide. 

No warranty for product not manufactured by seller, LMS. Seller makes no warranties of any type regarding any product it does not manufacture. Buyer waives any claims against seller for any defects or deficiencies with any product purchased from seller, and buyer agrees to look solely to the manufacturer of any such product for satisfaction of any claims pertaining thereto, including any warranty claims. 

Seller will not be responsible for delays in delivery due to inability of the manufacture. 

Unless otherwise agreed in writing by the parties, all Orders will be delivered to the address set forth on the Sales confirmation (the “Delivery Point”). Seller will deliver the Products within a reasonable time after receipt of Buyer’s Order using Seller’s standard methods for packing and shipping such Products. Seller shall not be liable for any delays, loss or damage in transit. Deliveries delayed by Buyer shall be at Buyers sole risk and expense. Buyer shall take delivery of the Products upon Seller’s Notice that the Products have been delivered to the Delivery Point. Buyer shall be responsible for all loading costs and provide equipment and labor reasonably suited for receipt of the Products at the Delivery Point. Seller may, in its sole discretion, without liability or penalty, make partial shipments of Products to Buyer. Each shipment will constitute a separate sale, and Buyer shall pay for the units shipped whether such shipment is in whole or partial fulfillment of Buyer’s Order. 

If buyer cancels an Order or, for a period of ninety (90) days, is unable to fulfill its obligations under this Agreement for any reason, Seller shall have the right in its sole discretion to terminate this Agreement, and Buyer agrees to pay Seller the purchase price for all Products previously delivered and a cancellation charge equal to the greater of: (1)the cost of the percentage of completion of the undelivered portion of the Order (as estimated by Seller): or (2) 25% of the list price of the Products included in the undelivered portion of the Order. Additionally, Buyer shall pay any cancellation charges which may be charged back to Seller by other manufacturers. IN NO EVENT SHALL SELLER BE LIABLE TO BUYER OR ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT OR LOSS OF DATA OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORSEEABLE AND WHETHER OR NOT SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE . IN NO EVENT SHALL THE SELLER’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, THE PURCHASE PRICE FOR THE DEFECTIVE OR NONCONFORMING PRODUCT(S) SOLD HEREUNDER. The limitation of liability set forth in this Section XI shall not apply to liability resulting from Seller’s gross negligence or willful misconduct. 

Buyer shall notify Seller promptly, and in any event within the thirty (30) days, of any accident or malfunction involving the Products which results in personal injury or damage to property and shall cooperate fully with Seller in investigating and determining the cause of such accident or malfunction. IN THE EVENT BUYER FAILS TO GIVE SUCH NOTICE TO SELLER AND SO TO COOPERATE, BUYER AGREES TO INDEMNIFY AND SAVE SELLER HARMLESS FROM ANY CLAIMS ARISING FROM SUCH ACCIDENT OR MALFUNCTION.

All Brick, Blocks or Product shall be paid for in cash prior to delivery, unless Buyer approved credit account with Seller, in which event the payment terms are as follows:

All Brick, Block and Product must be paid for on or before the 10th of every month following the month of purchase, unless a different payment arrangement has been made. Accounts will be considered past due if not paid by the 10th and subject to being placed on hold. 

Seller reserves the right to require payment for any Brick, Block or Product in cash prior to delivery. Buyer also hereby grants to seller a security interest in all Brick, Block or Product subject to these Terms and Conditions as security for the performance of Buyer’s payment obligations.

If Buyer fails to make any payment, in accordance with these Terms and Conditions, or fails to comply with any of the terms hereof, Seller may, at its option, cancel any orders and refuse to deliver any undelivered Brick, Block or Product to Buyer whether, on this order or any other order. In such event, all unpaid amounts owed by Buyer to Seller for the purchase of Brick, Block or Product, whether on this order or any other order, shall be immediately due and payable. 

Buyer shall pay all invoiced amounts due to Seller upon receipt of Seller’s invoice. Buyer shall make all payments hereunder by check or wire transfer immediately available of U.S. dollars to the account and address directed by Seller. Buyer shall not withhold payment of any amounts due and payable by reason of any set- off of any claim or dispute with Seller, whether relating to Sellers breach, bankruptcy, or otherwise. If Buyer fails to make payment in accordance with this Agreement or any collateral agreement, or fails to comply with any provision hereof, Seller may, at its option (and in addition to all other remedies available under these Terms or at law), cancel any unshipped portion of Buyer’s Order and Buyer shall remain liable for all unpaid accounts. A finance charge will be assessed at the lesser of the rate of 1.5% or the maximum rate allowed under applicable law. The total price of the Products for each shipment constitutes a separate debt owing to Seller and shall be paid in full without right to set-off or deduction whatsoever regardless of any controversy relating to other delivered or undelivered Products.

 

These Terms are only terms which govern the sale of the goods (“Products”) by receipt as confirmation of sale accompanying these Terms (such document, the “Sales”). The Sales confirmation and these Terms (collectively, this “Agreement”) comprise the entire agreement between the parties and supersede all prior or contemporaneous understandings, agreements, negotiations, representation and warranties, and communications, both written and oral. These Terms prevail over any of Buyer’s general terms and conditions of purchase regardless of whether or when Buyer has submitted its Order or such terms and conditions. Fulfillment of Buyer’s Order does not constitute acceptance of any Buyer’s terms and conditions and does not serve to modify or amend these Terms. 

All non-public , confidential or proprietary information of Seller, including but not limited to specifications, samples, patterns, designs, plans, drawings, documents, data, business operations, customers lists, pricing, discounts or rebates, disclosed by Seller to Buyer, whether disclosed orally or disclosed or accessed in written, electronic or other form or media, and whether or not marked, designated or otherwise identified as “confidential” in connection with this Agreement is confidential, solely for the use of performing this Agreement and may not be disclosed or copied unless authorized in advance by Seller in writing. Upon Seller’s request, Buyer shall promptly return or destroy all documents and other materials received from Seller. Seller shall be entitled to injunctive relief for any violation of this Section XIII. This Section XIII does not apply to information that is: (a) in the public domain; (b) known to Buyer at the time of disclosure; or (c) rightfully obtained by Buyer on a non-confidential basis from a third party.

.