By placing an order with us, Customer agrees to our Terms of Service, which are listed below.
These Terms of Service (“Terms”) govern the sale and delivery of firewood products (“Product”) by [Miles' Mountain Firewood] (“Company”). By placing an order with the Company, the customer (“Customer”) agrees to be bound by the following terms and conditions:
Payment is due in full upon delivery of the Product. The Company reserves the right to withhold delivery in the event payment is not rendered at the time of delivery.
The Company requires a minimum of twenty-four (24) hours’ notice before your scheduled delivery time for any modifications to an order. Requests for modification made less than twenty-four (24) hours before delivery are not guaranteed and may be declined. The Company requires 24 hours notice for cancellations.
The Company reserves the right to refuse service to any person, for any reason, at its sole discretion.
All sales and deliveries are final. Products are sold on a non-refundable and non-transferable basis.
The Customer shall have twenty-four (24) hours from the time of delivery to notify the Company of any discrepancies in the quantity or quality of the Product delivered. Failure to provide such notice shall constitute acceptance of the Product as delivered.
Delivery shall be made curbside only. Should the Customer request that delivery personnel enter the Customer’s property beyond curbside, the Customer assumes all risk, and the Company shall not be held liable for any resulting damage to property.
The Company makes no representations or warranties, express or implied, regarding the Product, including but not limited to warranties of merchantability, fitness for a particular purpose, condition, dryness, moisture content, size, or the absence of insects, mold, or other natural characteristics inherent to firewood. The Customer accepts the Product “as is” at the time of delivery.
The Company shall not be held responsible or liable for any fire, damage, injury, loss, or any other circumstance arising out of or related to the burning, stacking, handling, or storing of firewood after delivery. The Company expressly disclaims and shall not be held responsible for any form of civil liability, claim, action, or proceeding arising out of or connected in any way with the sale, delivery, or use of the Product.
9. Governing Law & Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the State of California. Any disputes arising out of or relating to these Terms, the sale, or the delivery of the Product shall be brought exclusively in the state or federal courts located in San Bernardino County, California, and the Customer consents to the jurisdiction of such courts.
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be deemed modified to the extent necessary to make it enforceable, or if not possible, severed from these Terms. The remaining provisions shall continue in full force and effect.
By placing an order and accepting delivery of the Product, the Customer acknowledges that they have read, understood, and agreed to these Terms.