Terms & Conditions

Terms & Conditions of Sale

An HPM sale is expressly made conditional upon the following terms and conditions, excepting those which may be prohibited by law. Objection to any terms contained herein shall be deemed to have been waived if any part of the described goods or services are accepted. Any additional or different terms in Buyer’s forms or other documents are hereby deemed to be material alterations and notice of objection to them and rejection of them is hereby given. No modification of HPM’s terms and conditions will be binding on HPM unless expressly agreed to in writing by HPM.

a. Claims & Return Goods Policy:

* HPM will exchange or provide a refund for most items within 90 days of purchase when merchandise is returned in saleable condition with a receipt.  If a receipt is not available we will provide an exchange or a store credit.

* Custom Made (such as trusses, wall panels & metal roofing) or Special Ordered non-stocked merchandise cannot be returned.

* Power tools can be exchanged or returned within 30 days from purchase after which tools will be subject to the manufacturers’ warranty repair and replacement policies.

* Claims for shortage, damage, or error must be reported immediately to our sales employee on delivery.

* Restocking charges of 10%, 15% or 25% may be applied to all returns of goods.

* Credit Notes are now subject to review and approval before final issuance of the credit.

* HPM may apply a monthly storage fee of 10% of the order on goods unclaimed after 30 days. After 90 days, HPM may dispose of any unclaimed goods to recover storage and handling costs and any deposits made may be forfeited. Buyer remains liable for all unrecovered costs upon disposition of goods.

* Valid refunds and credits, less applicable charges, will be done via original method of payment by Buyer except as noted: if cash amount is greater than $500.00 HPM may issue a check payable to the invoiced entity; payments by check will be refunded by HPM upon confirmation of funds transfer by HPM’s bank of deposit on Buyer’s check.

b. Monthly closing date is the last day of the month. Any charges or payments made after closing date will be reflected on the next month’s statement. All charges are due and payable by the last day of the next month following date of purchase. Any amount not received by this date is considered past due and will be assessed interest at the rate of 12% per annum.

c. All special orders and orders consisting of HPM manufactured products will be invoiced upon receipt of goods by HPM or completion of manufacturing by HPM.

d. Service charge for returned checks: a service charge of $20.00 will be assessed for any check that is returned unpaid.

e. All lumber is sold in its nominal dimensions which is larger than the actual standard dimension.

f. DISCLAIMER OF WARRANTIES: ALL GOODS SOLD OR SERVICES PROVIDED BY HPM ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES PROVIDED BY THE MANUFACTURER AND NOT BY HPM. HPM HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES WITH RESPECT TO ALL GOODS SOLD AND SERVICES PROVIDED BY HPM, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BUYER ACCEPTS THE GOODS SOLD AND SERVICES PROVIDED BY HPM ON AN “AS IS” BASIS.

g. Limitation of HPM’s liability and Buyer’s remedy: Under no circumstances shall HPM be liable for any direct, indirect, incidental, consequential or punitive damages, whether based on contract, negligence, strict liability or otherwise, and all such damages are expressly excluded herein. HPM’s sole liability and Buyer’s exclusive remedy for any cause of action arising out of any goods sold or services provided by HPM, including negligence and strict liability, is expressly limited, at HPM’s option, to the repair or replacement of the goods with respect to which such damages are claimed or the refund of the original price paid to HPM for such goods. Any claim must be brought within ninety (90) days from the date of the sale or shall be forever barred. Buyer is responsible for validating receipt of correct goods before goods are used or applied. HPM is not liable for labor or service charges incurred for the applications, removal, or use of goods by Buyer.

Buyer shall not set-off or otherwise deduct any damages, whether actual or alleged, from any payments due to HPM, unless such set-off or deduction is authorized in writing by HPM as whole or partial refund under the provisions hereof.

h. Warping & Weathering: HPM does not warrant against, nor will be liable for warping or weathering occurring after delivery, at HPM’s shipping point, nor does HPM warrant against, nor will it be liable for checking, leafing, splitting and other weathering of lumber and plywood products.

i. Descriptions: Buyer recognizes that many measurements in the lumber industry are descriptive only and are not to be taken literally and, if in doubt, Buyer will inquire of HPM.

j. HPM’s failure to exercise any rights under this invoice upon one or more occasions shall not waive HPM’s right to exercise such rights on any occasion. And any partial invalidity herein shall not affect the whole.

k. HPM shall not be liable for any delay in performance or nonperformance on the part of HPM, directly or indirectly caused by fire, explosion, accidents, floods, labor trouble or shortage, war, act or regulation of any government, inability to obtain suitable materials, equipment, fuel, power or transportation, act of God, or any contingencies, happenings or causes beyond the control of HPM.

l. Any controversy or claim arising out of or relating to the sale of goods or the provision of services by HPM shall be settled by binding arbitration in Hilo, Hawaii, in accordance with the Arbitration Rules, Procedures and Protocols of Dispute Prevention & Resolution, Inc. Any award rendered by the arbitrator shall be conclusive and binding upon the parties and may be entered in any court having jurisdiction thereof. The expenses of the arbitrator shall be shared equally and the arbitrator shall award to the prevailing party its costs and reasonable attorneys’ fees incurred in connection with the arbitration.

The sale of goods or provision of services by HPM shall be governed by the laws of the State of Hawaii

 

Terms of Use of This Website

This website has been composed with care. However, we will not accept any liability for any mistakes/typing errors. No rights can be derived from this website or from information on this website.

We advise you to carefully read these general terms and conditions before making use of www.HPMHawaii.com.  Do not use www.HPMHawaii.com when you do not agree with one or more terms and conditions.  By making use of www.HPMHawaii.com, the user states to agree with the general terms and conditions.

www.HPMHawaii.com is a website of HPM Building Supply Hereafter to be referred to as HPM.

 

Allowed Use

These general terms and conditions apply to every visitor or customer that makes use of www.HPMHawaii.com or of the services offered by HPM. When making use of www.HPMHawaii.com, you shall behave as may be expected from a responsible and careful Internet user. The user can without any obligations view all data with respect to the immovable goods for purchase or hire. The user is, however, committed to not spread or commercialize the data in any way. All information on www.HPMHawaii.com falls under copyright and/or the Databank Act, unless legally determined otherwise. Information, products and/or services provided through this website may not be reproduced, stored in an automated data file or made public in any form or in any way, being electronically, mechanically, by photocopying or otherwise, without prior written consent from HPM.

The user is not allowed to use (the contents of) www.HPMHawaii.com for:

  • actions and/or behavior contrary to the law;
  • actions and/or behavior contrary to the public order or good manners;

In case of violation of the intellectual property rights or of the above-mentioned allowed use of www.HPMHawaii.com and/or its suppliers, HPM reserves the right to recover from you the damage it suffers as a result of this. You declare not to make use of software or means in any form that may hamper, limit or damage the system of HPM in any way.

All data on www.HPMHawaii.com can be changed without prior notice and are only for information purposes. Data, specifications and dimensions are usually based on standard models. Options and/or deviating models can change data and/or specifications and/or dimensions.

 

Hyperlink

A hyperlink to the homepage of HPM is always allowed; after all, the web exists merely by the grace of cross references. HPM appreciates being informed on this though (through marketing@hpmhi.com).

 

Availability

The information provided is supported by reliable sources, but HPM does not guarantee that the information and material offered on the website are up to date, available, complete and/or correct. HPM neither guarantees the information offered on the website to be free from viruses. HPM company also does not guarantee that such faults and/or deficiencies on the websites will be corrected and that viruses will be eliminated. In case of any doubts about the correctness of data, we advise you to contact the provider of this information (this will be our office in many cases). HPM will not accept any liability for any damage directly or indirectly caused by the use of information derived from HPM. The partners that HPM cooperates with have their own privacy conditions. HPM is not responsible and does not accept any liability for any action or refraining from action by these partners contrary to the privacy act and/or any regulation.

 

Links to Websites & Cookies of Other Parties

HPM contains hyperlinks to other websites. HPM is not responsible for the contents or the privacy policy of websites that HPM refers to. HPM is not responsible for the placing of cookies by parties that advertise on the site either. HPM will not accept any liability for (the contents of the) services and/or information of third parties that are offered on the website of HPM in any way. You safeguard HPM against all damage as a result of claims of third parties in connection with the violation of not observing the Terms and conditions as well as against liabilities that are otherwise related to or result from your use of the website.

 

Information Collection, Use & Sharing

We are the sole owners of the information collected on this site. We only have access to/collect information that you voluntarily give us via email or other direct contact from you.  We will not sell or rent this information to anyone. We will use your information to improve this website and to respond to you, regarding the reason you contacted us.  We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request, e.g. to ship an order. Unless you ask us not to, we may contact you via email in the future to tell you about specials, new products or services, or changes to this privacy policy.

 

Your Access to & Control Over Information

You may opt out of any future contacts from us at any time by sending an email to marketing@hpmhi.com. Please include “Opt Out” in subject field of the email.

 

If you feel that we are not abiding by this privacy policy, you should contact us immediately via telephone at (808) 924-4249 or via email to marketing@hpmhawaii.com.

 

Other

HPM reserves the right to adjust or modify these terms and conditions unilaterally. Therefore regularly check this webpage for any changes.

 

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