TERMS & CONDITIONS

Modern Builders Supply, Inc. (hereinafter “MBS”) does not warrant the MERCHANTABILITY OR FITNESS FOR INTENDED PURPOSE of the materials contained on this invoice. The warranties that may be available with the products on this invoice are those of the product manufacturer and not those of MBS.

MBS is not liable for the consequential, indirect, or secondary claims, damages, actions or causes of actions arising out of the insallation, use or misuse of the products alone or in conjunctions with other building products, systems, conditions of factors which may have a direct or indirect effect on the products.

The materials sold on this invoice are expressly subject to the condition that if any of the material contained on this invoice is determined, within three (3) days after the date of pick-up or deliver of the materials to be either defective or otherwise non-conforming in any way, the Buyer must provide notice to MBS of the defective or otherwise nonconforming materials.

All credits, pricing adjustments, material replacement must be made in writing by an authorized MBS individual. Verbal approval or acknowledgements of credits, pricing adjustments, and material replacement not in writing by an authorized individual will not be acknowledged by MBS.

MBS Return/Special Order Policy

For the purposes of this policy, a “made to order item” is one in which the specifications are specific and particular to those provided by the purchaser or his/her agent or customer. Deviation in any way from any term or condition stated herein by MBS, inc. does not constitute a waiver of MBS, Inc., to enforce its terms fully in the future.

MBS will accept returns on all stocked products within 30 days of the original purchase if the product is returned to the branch where the product was purchased, the buyer has the original receipt, and the product is in re-sellable condition. MBS will charge a minimum restocking charge of 15% on all returns. Any deviance from the re-stock charge must be approved by a regional manager.

MBS will accept returns in full unopened cartons for products not stocked at the location where the original purchase took place but are stocked at another MBS distribution center within 30 days of the original purchase. MBS will charge a minimum restocking charge of 15% on all returns. Any deviance from the restocking charge must be approved by a regional manager.

MBS will not accept returns for credit on any products that are special orders or “made to order” products. These products include, but are not limited to, such items as windows, doors, cabinets, and countertops.

MBS requires a minimum 50% deposit and a signature/sign off for all special orders or “made to order” products before placing the order with a manufacturer for all C.O.D. accounts. These products include, but are not limited to, such items as windows, doors, cabinets, and countertops. For any of these products that will be installed by MBS or one of its vendor partners, or a vendor direct ship, a 100% deposit will be required before placing the order with the vendor.

MBS will not accept any returns on special order items that are stocked or manufactured by a manufacturer unless the manufacturer has agreed to take this material back. There will be at least a 15% restocking charge, but it could be more depending on the manufacture. This restock charge must be confirmed before issuing any credit to the customer.

MBS will invoice all special orders and “made to order” products for all customers on account after 90 days from date of receiving products in from the manufacturer. COD accounts will forfeit any deposit or claim to the special orders and “made to order” products if not paid in full AND taken possession of said product AND will be responsible for the remaining balance owed after 90 days from date of receiving product in from the manufacturer.