Terms & Conditions:
- General
- Any quotation provided by 3M1 Hardware and Lumber Trading is valid for a period of 30 days from the quotation date after which it may be subject to review.
- 3M1 Hardware and Lumber Trading requires authorized purchase orders, Payment as agreed, Cash on delivery, or signed quotes prior to delivery of Materials.
- Quotations include provisions for a delivery time of 30 minutes waiting on site. 3M1 Hardware and Lumber Trading reserves the right to charge an additional greater than 30 minutes duration.
- Any clerical error or omission in any sales literature, quotation, price list, invoice or other document or information issued by 3M1 Hardware & Lumber Trading shall be subject to correction without any liability on the part of 3M1 Hardware & Lumber Trading.
- Measures, illustrations, performance capabilities, application suitability information, and other data supplied by 3M1 Hardware and Lumber Trading are statements of opinion and are provided for information only. Clients should satisfy themselves as to the suitability or otherwise of any products or application methods suggested.
- Payment
- Our payment terms are Cash/Card at the counter, Cash on Delivery. Other payment arrangements approved by 3M1 Hardware and Lumber Trading, in writing prior to the Delivery of Materials, provision of services, or supply of goods and signed by the parties.
- The client warrants that their representative on site has the authority to sign Release Forms (refer also to the section: indemnity and release below) which release 3M1 Hardware and Lumber Trading from warranty claims made against our materials.
- The invoice/receipt will reflect the actual supplied materials as per customer’s instructions. This is determined by a check measure performed by the 3M1 Delivery Driver and the client’s representative signature on the job.
- It is the responsibility of the client to ensure clear access to the area to where the delivery area for safe and secure. Delays and obstructions such as vehicles, containers, and equipment may increase the duration and increase delivery time. In the event 3M1 Hardware and Lumber Trading are delayed or unable to complete a delivery due to factors that can be controlled by the client, 3M1 Hardware and Lumber Trading reserves the right to charge an additional fee per visit.
- Warranty
- In the event of a warranty claim on any items, products, or materials sold on a supply-only basis, it is the responsibility of the client to return the items, products, or materials to 3M1 Hardware and Lumber Trading for repair or replacement. Any onsite testing, repair, or replacement of items, products or materials supplied on a supply-only basis will incur service and travel charges.
- Attending a site or testing items, products or materials sold on a supply-only basis for warranty claims will incur service and travel charges where no fault is found, or the cause of the fault negates the warranty.
- Some items, products and materials may be non-returnable if for example, they have been altered in the installation or removal process. It will be at the discretion of 3M1 Hardware and Lumber Trading whether it accepts the return of any items, products or materials.
- Cancellation
- All costs and expenses incurred by 3M1 Hardware and Lumber Trading will be invoiced should the client cancel materials after an official quotation acceptance is received by 3M1 Hardware and Lumber Trading such as a purchase order or email. Any and all costs and expenses incurred by 3M1 Hardware and Lumber Trading by reason of cancellation will be reimbursed by the client.
- If a deposit has been paid, 3M1 Hardware and Lumber Trading reserve the right to keep the Deposit of 20% and use this as payment for admin fees.
- Default
- If the client:
- Fails to make payment to 3M1 Hardware and Lumber Trading on the due date;
- Refuses or neglects to take delivery of any goods;
- Has an administrator appointed over all or any of the client’s assets, or enters into a scheme of arrangement for the benefit of its creditors, or resolves that it be wound up, or have a petition for its winding up presented against it, or (being an individual) has a petition for bankruptcy presented or petitions for his bankruptcy;
- Ceases, or threatens to cease, to carry on business; or
- Fails to comply with any obligations contained herein or in any Credit Agreement; then without prejudice to any right or remedy available to 3M1 Hardware and Lumber Trading, 3M1 Hardware and Lumber Trading shall be entitled to suspend further orders or deliveries under the quotation without any liability to the client. If goods have been delivered but not paid for, the invoice for these shall become immediately due and payable notwithstanding any prior agreement or arrangement to the contrary.
- Confidentiality
- Any quotation prepared by 3M1 Hardware and Lumber Trading together with these terms and conditions and any other documentation related to a quotation is strictly confidential. The client must ensure that its representatives do not disclose in any way any of this information or furnish a copy of this information to any other entity without the prior written approval of 3M1 Hardware and Lumber Trading.
- Limitation of Liability
- Where 3M1 Hardware and Lumber Trading is required to deliver, for example heavy materials, it is the client’s responsibility to provide 3M1 Hardware and Lumber Trading with accurate details and descriptions of all underground services on site. 3M1 Hardware and Lumber Trading accepts no responsibility or liability for damage to services where the client has not made the details and descriptions available or where the details and descriptions provided are not accurate and as a result, services are damaged.
- 3M1 Hardware and Lumber Trading shall not be liable for any direct or indirect costs, loss, damages, expenses, loss of profits, loss of production or consequential loss relating to damage to property or injury or loss to any person or company due to any cause whatsoever, except to the extent 3M1 Hardware and Lumber Trading caused the damage, injury or loss by an act of negligence.
- 3M1 Hardware and Lumber Trading follows the instructions (either verbal or written) provided by the client and their on-site representatives when Delivering.
- Indemnity and Release
- A representative of the client may be asked to sign a Release Form or written and signed statement on the delivery note in the event we believe it is not advisable to deliver or drop materials for any reason, but where the client advises they wish to proceed in any case.
- The client indemnifies 3M1 Hardware and Lumber Trading against any liability, claim, action, loss, damage, cost and expense 3M1 Hardware and Lumber Trading sustains or incurs arising out of or in connection with the delivery.
- The client shall indemnify 3M1 Hardware and Lumber Trading against all actions, costs (including the cost of any legal proceedings), claims, proceedings, accounts and demands in respect of any infringement or alleged infringement of patent rights, registered design or similar protective rights resulting from compliance with the client’s instructions, requirements or specifications, whether express or implied.
- The client releases 3M1 Hardware and Lumber Trading from all action or demand due to any damage, loss, injury, or death occurring in or near the site, except to the extent 3M1 Hardware and Lumber Trading caused this by an act of negligence.
- Severability
- If any part of these terms and conditions is or becomes illegal, invalid or unenforceable, the legality, validity or enforceability of the remainder of the terms and conditions will not be affected.
- The Philippine Competition Act (PCA) or R.A. 10667
- The terms and conditions herein shall not exclude those conditions and warranties available to the client under The Philippine Competition Act (PCA) or R.A. 10667.
- Acceptance of terms and conditions
By accepting our quotation and delivery agreements the client agrees to the terms and conditions herein