General Terms 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 18% 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