Terms and Conditions of Sale

Berlin G. Myers Lumber Corp. is proud to offer the finest building materials.

  1. Warranty.  Seller will replace, free of charge, any product found to be defective in workmanship or materials.  While the utmost care is taken in the manufacture of all products, and Seller has carried out careful and extensive inspection procedures, it is commercially impossible to detect all errors and imperfections.  Therefore:  no warranty is given, and all affirmations and samples or models made or shown are for illustrative purposes only.  The above warranty is expressly in lieu of all other warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.
  2. Limitation of Damage. In no event will the Seller be liable for any indirect or consequential damages which result from the use or misuse of any product nor will the Seller be liable for any breach of warranty in an amount greater that the purchase price of the product.
  3. Title to Products. Title to products shall be deemed to pass to Purchaser at point of shipment.  Seller conducts business in the state in which the products are shipped and is therefore required to collect appropriate sales and use taxes.
  4. The terms of Customer’s Credit Agreement are more specifically described in the Application for an Open Account, which is make apart hereof by reference.  In particular, it is agreed that payment on all invoices are due and payable no later than the tenth (10th) day of the month following receipt of the merchandise.  A finance charge of 18% per annum (1 ½% per month) will be added to any unpaid or outstanding invoice, unpaid within thirty (30) days.  This interest charge is cumulative for any months and/or portion thereof where there remains an outstanding balance.
  5. Prices, Specifications, and Policies. Berlin G. Myers Lumber Corp. reserves the right to update prices, specifications, and policies (PS&P) at any time without notice.  All products are priced per current PS&P, unless otherwise noted.
  6. Return and Credit Claims. All credit claims (shortage of shipments, etc.) must be requested no later than 5 days from the invoice date.  All requests for proof of delivery must be received within ten (10) days of the invoice date.  All requests for returns (other than defective returns) must be received no later than three (3) days of the invoice date.  This includes sales errors.  To process a credit claim or return, call your sales representative.  All merchandise returned without prior approval will be sent back at Customer’s expense, including freight charges.  Goods damaged due to shipping need to be reported immediately to the freight carrier and Berlin G. Myers Lumber Corp.  All returns must be sent to Berlin G. Myers Lumber Corp. office with freight prepaid, in their original packaging.  In the case of a sales error or defective product, a call tag will be issued, setting forth the items(s) returned, date of notice and credit due.  Failure to return such items within three days of notice shall be deemed as acceptance by the customer and the call tag deemed revoked by Berlin G. Myers Lumber Corp.
  7. Restocking Charge. A fifteen percent (15%) restocking charge will apply if a product is returned due to customer error.  A product returned as defective will be inspected; and if it is not defective, the same charge will apply.
  8. Special Orders. Special orders that have not been shipped can only be canceled subject to approval.  There are no returns of special order items after delivery other than those that are defective, and after written notice of non-conformity, Berlin G. Myers Lumber Corp. shall have the right to cure any defect.  Customer shall have the duty and responsibility to protect any non-conforming special order item from waste or damage by any means, including exposure to adverse weather conditions or other environmental degradations, and failure of customer to properly store such items.
  9. Cancellation Policy. Because of our state of the art distribution system, a great number of orders are prepared for the same day shipment within minutes after an order is received; thus, an order cannot be canceled.  After receiving an order, the product may be returned according to the above guidelines.  A fifteen percent (15%) restocking fee will be assessed and all freight charges (both ways) are the responsibility of the customer.
  10. Venue and Governing Law. This Agreement is to be construed and governed by the laws of the State of South Carolina and venue in any litigation pursuant to this Agreement shall be in Dorchester County, State of South Carolina.

Quality made us famous. Service made us grow. We are proud to provide the finest lumber, building materials, and hardware.