Disclaimers
TRUE AMERICAN GRAIN
POLICIES, DISCLAIMERS & WARRANTY
Product Information, Measures & Installations, Payments, Returns, Restocking Fees, Storage Fees, Doors
1. PAYMENT INFORMATION, RETURN POLICIES & RESTOCKING FEES
- 1.1 Preferred methods of payment are: ACH, Cash and Check. We also take most credit cards.
- 1.2. All orders in the amount of $3000.00 or more, will be subject to a 2.5% credit card fee.
- 1.3 The receipt of payment and/or deposit for any order, estimate or invoice acknowledges acceptance by all parties of the proposal descriptions, product specifications/dimensions, pricing, and the payment schedule.
- 1.4 The receipt of payment and/or deposit of any order, estimate or invoice, and/or any deposit related to the invoice, acknowledges the customer’s acceptance of True American Grain (TAG) policies and disclaimers related to the nature of all reclaimed lumber and all beams that are sold by TAG.
- 1.5 Pricing – TAG fabricates products from the customer’s contractor and/or the customer’s notes and drawings, which include but are not limited to design features, measurements, and material/lumber selections. The notes and drawings are derived from meetings and discussions with the customer. Any changes made by the customer from the original contractor/customer drawings and notes will likely result in a change in the price quoted and a change in the Lead Time quoted.
2. ONSITE MEASURES & ONSITE INSTALLATIONS
- 2.1 If TAG builds AND installs your project, the onsite measure fee will be applied (deducted) to your order.
- 2.2 An onsite measure must be paid before TAG schedules the customer for the onsite measure.
- 2.3 Installation fees may be paid the day installation is completed.
3. Custom Orders – Potential Refund or Exchange
- 3.1 All products at TAG are deemed “Custom”, including Custom Finishing, and therefore are not returnable and not refundable. All sales on custom orders are final. All TAG and reclaimed lumber products are “one of a kind” and are sold as is. All of TAG’s lumber products and services requiring any form of building, constructing, milling, finishing, etc., shall be paid in advance of those services and will be considered “custom”.
- 3.2 All of TAG’s products, orders, projects and/or builds that are cut to specific dimensions to satisfy and meet the customer’s requirements, or the customer’s contractor’s specifications and/or the customer’s architect’s specifications, will be considered a custom product, even if the product would otherwise qualify as a standard product.
- 3.3 All of TAG’s products that have been processed or altered in any way by the customer or a representative of the customer will not be returned or refunded.
- 3.4 If a product is not materially different from that described on a TAG specification sheet, build sheet or proposal term signed by the customer, no refund shall be given.
- 3.5 Exceptions – Potential Custom Order Refund Within two days of delivery or pickup of a custom order, TAG may replace or refund a custom order that does not conform to the TAG specification sheet, build sheet or proposal term signed by the customer. The customer must present all original receipts. The product being returned must be in excellent condition. TAG management reserves the right to determine the condition of the possible custom return.
- 3.6 Returns and/or cancellations must be approved by one of the owners of TAG. Any credits or refunds issued must be handled by the actual customer who purchased the product, not the customer’s representative. TAG has no contractual relationship with or obligation to any parties other than those with whom TAG has entered into a direct agreement by means of a TAG specification sheet, build sheet or proposal term signed by the customer.
4. Potential Product Returns – Pre Production Custom Orders
- 4.1 The customer may be granted a refund if the cancellation request is prior to the custom order going into production.
5. No Product Returns – Mid to Final Production Custom Orders
- 5.1 If the custom order is already in production, no refund will be provided to the customer.
6. No Product Returns – Custom Flooring Orders
- 6.1 Custom Flooring orders will not be refunded if the order is in pre, mid or post production.
7. Potential Product Returns - Lumber and Boards
- 7.1 If the customer has the original receipts, returns and exchanges may be given if the product is returned within 10 business days from the date of purchase.
- 7.2 If a refund or exchange is granted by TAG, a 25% restocking fee will apply.
- 7.3 If the lumber or board has been altered in any way by TAG (requested by the customer at the time of purchase) or by the customer, no refund or exchange will be granted. No exceptions.
- 7.4 If a return or exchange is granted, the customer is responsible for returning/transporting the lumber or boards to TAG.
- 7.5 After 10 days from the date of purchase, no refunds or exchanges will be allowed.
8. Product Returns – RECwood Panels, Bundled
- 8.1 If the customer has the original receipts, a return OR exchange may be given if the product is returned within 10 days from the date of purchase.
- 8.2 If a refund or exchange is granted by TAG, a 25% restocking fee will apply.
- 8.3 If the RECwood bundle has been altered in any way by TAG (requested by the customer at the time of purchase) or by the customer, a refund or exchange will not be given. No exceptions.
- 8.4 The RECwood bundle must still be bundled with the original plastic banding. No exceptions.
- 8.5 If a refund or exchange is granted, the customer is responsible for returning/transporting the bundled RECwood to TAG.
- 8.6 After 10 days from the date of purchase, no refunds or exchanges will be allowed.
9. Product Returns – Brackets
- 9.1 If the customer has the original receipts, a return OR exchange may be given if the product is returned within 10 business days from the date of purchase.
- 9.2 If a refund or exchange is granted by TAG, a 25% restocking fee will apply.
- 9.3 If the bracket has been altered in any way by TAG (requested by the customer at the time of purchase) or by the customer, a refund or exchange will not be given. No exceptions.
- 9.4 The customer is responsible for returning/transporting the bracket(s) to TAG.
- 9 .5 After 10 business days from the date of purchase, no refunds or exchanges will be allowed.
10. Product Returns – BRIWAX
- 10.1 If the customer has the original receipts, a return OR exchange may be given if the product is returned within 10 business days from the date of purchase.
- 10.2 If a refund or exchange is granted by TAG, a 25% restocking fee will apply.
- 10.3 If the can of BRIWAX has been opened or altered in any way by the customer, a refund or exchange will not be granted.
- 10.4 If a refund or exchange has been granted, the customer is responsible for returning/transporting the BRIWAX to TAG.
- 10.5 After 10 business days from the date of purchase, no refunds or exchanges will be allowed.
11. STORAGE FEES
- 11.1 Storage fees of all TAG products will be assessed and billed to the customer if the customer fails to pickup or schedule delivery of their completed product within two weeks from the date of completion.
- 11.1 A TAG representative will call and/or email the customer when their product is available for pickup, and/or will work with the customer to schedule delivery. Delivery charges will apply.
- 11.2 If the customer does not pick up or schedule delivery within two weeks of completion of their product, an assessment of $25.00 per day will apply and be billed to the customer.
- 11.3 If storage fees have been assessed, the customer must pay the storage fees prior to picking up or scheduling delivery of their product.
12. PRODUCT & SERVICES INFORMATION & DISCLAIMERS
- 12.1 Wood Species - Historically, farmers would use the trees on their property to build structures and barns. Due to the age of the lumber we source, TAG cannot guarantee the species of any wood we offer for sale. We do our best to give you an educated guess, however this does not guarantee the species of each piece of wood.
- 12.2 REV 10/25/2023 Tg - Mother nature affects and ages every single piece of reclaimed lumber differently. Reclaimed barn wood is a natural product and may contain certain aged characteristics, including but not limited to: color/patina variations, nail holes, mortise pockets (holes), peg holes, insect holes, livestock cribbing (chewing), staining, tapering, and waning (un-square edges). Historically, reclaimed lumber was originally cut decades ago, so reclaimed lumber is not as exacting in measurements as new lumber. The dimensions will vary, and appearances of reclaimed lumber can vary also from board to board, even though it is from the same barn or structure. When customers are shown samples, the samples are used to demonstrate the general type, color/patina and quality of the products. The samples do not necessarily represent the end product due to variations in each piece of reclaimed lumber created by Nature.
- 12.3 Solid Beams and Solid Mantels - All solid beams may have open mortise pockets and/or cut-off tenons in the mortice pockets. All solid beams may have cracks, nails, open knots, closed knots, pegs, peg holes, etc. This is not a complete list of the condition of the solid beams. All solid beams are weathered by Nature. The coloring and patina for all solid beams will vary. Some sides of solid beams that have been cut to achieve a specific size will have a band-saw cut on one or more sides. And, it is important to note that all reclaimed solid beams and solid mantels are unique and therefore are not identical. All customers are required to choose their solid beams and/or solid mantels before TAG will provide milling or finishing to the beam. TAG employees or representatives do not choose solid beams or solid mantels for customers.
- 12.4 Box Beams and Box Mantels - All of the reclaimed lumber used for constructing box beams and box mantels is weathered by Nature. The coloring and patina of all reclaimed lumber will vary and NONE are identical. The customer may choose an “inspiration” plank of lumber to be used to construct the box beam or box mantel. The customer will not choose all of the lumber necessary for the construction of their box beam or box mantel.
- 12.5 Finishing - Variation in color and grain structure are natural characteristics of reclaimed lumber. Changes in color pertaining to finished reclaimed lumber projects are to be expected. Water based products, oil-based products and lacquers will change the color of the lumber slightly, moderately, or extensively. These variations and color changes are not guaranteed by TAG because lumber is a natural material. TAG will work with the customer to help achieve your desired hue/color, however we are slightly constrained by how Nature initially affected the lumber, by the lumber species and characteristics, and how the lumber may react to the finish.
- 12.6 Installations / Touch Up - If, during an installation provided by TAG, a customer’s paint on the wall is scratched, TAG is not responsible for touching-up or repainting the wall.
13. Structural, Suitability & Fitness of Lumber
- 13.1 All of TAG decorative and or reclaimed products have not been certified as structurally sound by a certified grader.
- 13.2 TAG makes no warranties or representations relative to the fitness of its products for a particular use or in a particular location. TAG further makes no representations about likely yield percentages or waste factors for your use/application. It is the customer’s responsibility to verify the suitability of TAG products for the customer’s project and to determine appropriate quantities to account for yield/waste issues. We encourage the customer to physically inspect products in person at TAGs showroom before ordering and purchasing. TAG makes no representations or warranties relative to the accuracy of this information or its applicability to the customer’s specific situation.
14. TAG Build Sheets, Specification Sheets, Proposal Terms
- 14.1 TAG’s Product specification sheets, build sheets and proposal/estimate terms are the primary vehicles used by TAG to communicate information about the physical characteristics of its products. While samples, photos and other secondary sources of product information can often help the customer visualize characteristics described on specification sheets/build sheets and in proposal terms/estimate terms, the samples and photos and secondary sources of product information should not be relied upon to reach conclusions about product characteristics.
- 14.2 TAG specification sheets, build sheets and proposal terms focus on TAG product characteristics, not on the practical implications of those characteristics for your application. Where TAG specification sheets, build sheets or proposal terms mention specific possible practical implications of TAG product characteristics (and/or set forth possible approaches for addressing such implications), such notes are intended to provide a “heads up” that customers should carefully consider when deciding how and where to use TAG products. Nothing in a TAG specification sheet, build sheet or proposal term should be interpreted in any way as guaranteeing or warrantying the result of a specific method of:
(a) addressing a practical implication of a product characteristic.
(b) installing or using a TAG product.
TAG in no way represents that its specification sheets and proposal terms capture all of the physical characteristics, or even all of the important physical characteristics, of its products, let alone all of the potential implications of those characteristics for your application - 14.3 Customers should not rely upon statements (verbal or written) made by TAG employees or representatives which are inconsistent with or add to information on TAG’s product specification sheets/build sheets, proposal terms/estimates or TAG policy documents (including this product liability and return policy.) Such statements are not authorized by TAG.
15. Nails, Paint & Other Objects In the Lumber
- 15.1 TAG’s reclaimed lumber comes from buildings and structures that have been disassembled, usually barns dating back to the 1800s. The possibility exists that that the wood may contain nails and other objects in the wood, both metallic and nonmetallic. Precautionary measures, such as safety goggles/glasses, masks, gloves, etc, are highly recommended when you are cutting, milling and/or installing your reclaimed lumber. TAG does not represent its products to be free of metal, dirt, paint (including lead-based paint), lead, insects/bugs or other contaminants. Even when TAG attempts to remove metal, the customer is responsible for verifying that the material is fit for sawing or other processing. Existing paint on antique wood can be lead-based paint. Antique wood without current or surface evidence of paint could have been painted at some point in the past and, could have remnants of paint/lead.
16. Insects
- 16.1 Reclaimed lumber comes from outdoor barns, out buildings, fencing, etc., that were built many years ago and were exposed to the effects of Mother Nature. Over that period of time, the lumber has been exposed to a multitude of elements. The possibility of insects, decay, and/or fungus can exist. TAG examines each piece of wood to best of our ability. If TAG identifies issues, the wood is discarded/not sold. Reclaimed wood and other natural products sold by TAG are not guaranteed against insect habitation, decay, or fungus. Products such as Bora-Care, Timbor and Termite-Pruf can greatly reduce these risks. The customer must notify TAG of treatment or mold/fungus issues within 5 days of receiving the product. TAG accepts no liability or responsibility for mold/fungus issues which arise after your receipt of TAG products. Prior to production and the customer’s request, TAG may, kiln dry the customer’s material or apply borate, fumigants or other treatments in an attempt to reduce the potential for insect/bug issues. These services do not create a guarantee or warranty that the material is or will be completely insect/bug free. Unless specifically noted as being fumigated/treated, TAG products are generally not fumigated or otherwise treated for insects/bugs.
17. DOORS – LIMITED WARRANTY, TRANSPORTATION & STORAGE
Thank you for your recent reclaimed lumber door purchase. This document will assist you with understanding our Limited Door Warranty, transporting your door, and proper storage in the event the door will not be hung immediately.
- 17.1 All implied warranties, including the warranties of merchantability and fitness for a particular purpose, are limited in duration for the period of 30 days from the date of transfer of ownership from True American Grain (TAG) to the Customer. For 30 days, TAG warrants their doors to be free of defects that would render the door unserviceable or unfit for ordinary use.
- 17.2 Transfer of ownership shall be defined as: Will Call Pick Up by Customer, Shipments and Delivery to the Customer by TAG or other shippers.
- 17.3 FROM THE TIME THAT THE CUSTOMER PICKS UP THE DOOR OR RECEIVES DELIVERY OF THE DOOR FROM OUR FACILITY, TRUE AMERICAN GRAIN (TAG) IS NOT RESPONSIBLE FOR ANY DEFECTS, WARPING, FADING, ETC., OF THE DOOR. ONCE THE CUSTOMER, OR THE CUSTOMER’S PROXY, SIGNS FOR THE SHIPPED/DELIVERED/PICKED-UP DOOR, THE CUSTOMER IS CONFIRMING THAT THE DOOR IS NOT WARPED OR HAS ANY DEFECTS.
- 17.4 The Warranty Period is not extended if we repair or replace the product.
- 17.5 This warranty only applies to the customer or company who purchased the door. Any subsequent applied or inferred warranty made by others than TAG will NOT be honored by TAG.
- 17.6 This warranty applies to doors properly sealed, installed, and hung in locations protected from exposure to direct sun, rain or other elements that cause changes in door color and/or characteristics.
- 17.7 TAG is not, under any circumstances, responsible for installation, resurfacing, refinishing, or other similar activities necessary to complete the replacement, or any cost associated with the resolution.
- 17.8 Please note that wood products generally are susceptible to expanding and contracting due to temperature and moisture from rain and/or humidity based on location, exposure to the elements and environment.
- 17.9 Warping is defined as doors that are out of alignment of more than 1/4″ over an 8’ length.
- 17.10 TAG’s RESPONSIBILITY FOR DEFECTIVE GOODS IS LIMITED TO REPAIR OR REPLACEMENT OR STORE CREDIT ONLY. With respect to any defective product during the Warranty Period, TAG will, in our sole discretion, either (a) repair or replace such product (or the defective part) free of charge or (b) provide store credit of the purchase price of the product towards the purchase price of another product. This warranty does not cover shipping, crate, or handling fees, either for the Customer’s return of a defective product or for our return of the repaired or replacement product to you (if we elect to repair or replace the defective product).
- 17.11 At any time, for any reason and without notice, and at TAGs sole discretion, TAG may change the availability of this limited warranty. Any and all changes to the scope of this limited warranty will not be retroactive.
- 17.12 TRANSPORTATION OF DOORS FROM TAG TO JOBSITE/RESIDENCE
Do NOT transport the door in inclement weather (i.e. snow, rain, drizzle, mist etc.) When transporting the door, it must be completely covered (i.e. tarp, moving blanket, cardboard) if it is exposed to the elements during transporting. Non-compliance will destroy the (color, wax and fading) of the finish on the door. When transporting, the door must be placed on a completely flat surface. - 17.13 STORAGE OF DOOR IF NOT IMMEDIATELY INSTALLED
The door is ready to be installed immediately, however if it is going to be stored for a day or two you must follow these instructions for proper storage to prevent warping.
A) THE DOOR MUST BE STORED IN A COMPLETE VERTICAL UPRIGHT POSITION. BOTH TOP AND BOTTOM OF THE DOOR SECURED. VERY IMPORTANT TO PREVENT WARPING.
B) DO NOT LEAN THE DOOR AGAINST A WALL.
C) DO NOT PUT THE DOOR ON SAWHORSES.
D) DO NOT PUT THE DOOR ON THE FLOOR.
TAG IS NOT, UNDER ANY CIRCUMSTANCES, RESPONSIBLE FOR DAMAGES DUE TO THE TRANSPORTATION, STORAGE OR INSTALLATION OF A DOOR AFTER IT HAS LEFT OUR PREMISES.
18. EXCLUDED FROM THE DOOR WARRANTY
- 18.1 The following items listed are not defects in workmanship or material and therefore are not covered by this limited warranty.
- 18.2 This limited warranty does not cover any damage due to: (a) transportation; (b) storage; (c) improper use; (d) failure to follow any product instructions or to perform any preventive maintenance; (e) modifications; (f) unauthorized repair; (g) normal wear and tear; (h) external causes such as accidents, abuse, or other actions or events beyond TAGs reasonable control.
- 18.3 Natural variations in color and/or patina. Characteristics and features are to be expected with reclaimed and rustic wood products, i.e., reclaimed lumber doors. This limited warranty does not cover issues deemed by us to be natural blemishes and imperfections, “character” of the patina or color of raw materials.
- 18.4 Reclaimed lumber will contain oxidized nail holes, cracking, knots, and open knot holes.
- 18.5 Surface checking is not considered a defect with oak and other hardwood reclaimed materials.
- 18.6 Customer’s failure to properly seal the door. All edges must be sealed immediately after cutting (fitting), and or hanging with the appropriate sealing material.
- 18.7 Panel misalignment or shrinkage is not considered a defect.
- 18.8 Warp in the stiles and rails of the door can occur.
- 18.9 Warp in stile and rail doors less than one-quarter inch (1/4”) in the plane of the door itself, and any warp in stile and rail doors over 3’0” wide or 7’0” high.
- 18.10 Damage caused by: a) failure and improper care of the door after the door is removed from the TAG facility; b) improper handling of the door from the time the door is removed from the TAG facility; c) improper storage of the door after the door is removed from the TAG facility.
- 18.11 Damage caused by attempts to repair the door by people other than TAG or its approved representatives.
- 18.12 Defects caused by warping or bowing of the frame or jamb in which the door is hung, improper hanging of the door or improper installation such that the door does not swing freely.
- 18.13 Cracks or splits in split resistant panels which do not appear on both sides of the panel.
- 18.14 Failure to follow the finishing instructions.
- 18.15 Gap allowance at stile and rail joints that is .007” x 15% of joint length or less.
- 18.16 Swing-out doors with high exposure or less than 3 feet overhang 12 inches above the door.
- 18.17 Limited Overhang.
- 18.18 This limited warranty does not cover changes in any products or finishes (including warping, separating, splitting, expanding, contracting, rust or fading) due to exposure.
- 18.19 Interior doors and hardware are intended only for interior use, and this limited warranty does not cover changes to any interior products or finishes due to exterior use.
- 18.20 Even exterior doors need to be appropriately protected from excessive exposure to the elements, temperature and moisture with a sufficient overhang or portico. Exterior products that are not covered by a sufficient overhang or portico are not covered under this limited warranty.
- 18.21 The customer is solely responsible for ensuring that the customer’s application, location, and environment are conducive to wood products.
- 18.22 The Customer is solely responsible for reading and understanding this warranty.
19. LIMITATION OF LIABILITY
THE REMEDIES DESCRIBED ABOVE ARE THE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES, AND OUTLINES TAGS ENTIRE SCOPE OF LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. UNDER NO CIRICUMSTANCES WILL TAG’S LIABILITY EXCEED THE ACTUAL AMOUNT PAID BY THE CUSTOMER FOR THE DEFECTIVE PRODUCT. NOR SHALL TAG, UNDER ANY CIRCUMSTANCES, BE LIABLE IN ANY WAY FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT.
20. AT ANY TIME AND FOR ANY REASON, AND AT TAGS SOLE DISCRETION, TAG MAY CHANGE THE AVAILABILITY OF THIS LIMITED WARRANTY. ANY AND ALL CHANGES TO THE LIMITED WARRANTY WILL NOT BE RETROACTIVE.
21. WHAT TAG WILL DO
TAG’S RESPONSIBILITY FOR DEFECTIVE GOODS IS LIMITED TO ONE OF THE FOLLOWING: REPAIR, OR REPLACEMENT, OR STORE CREDIT.
- 20.1 With respect to any defective product during the Warranty Period, TAG will, in its sole discretion by the owners of TAG, either (a) repair or replace the product or the defective part free of charge or (b) provide store credit in the amount of the original purchase price of the original product. The store credit is to be used towards the purchase price of another TAG product.
- 20.2 If TAG elects to repair or replace the defective product, this warranty does not cover shipping fees, crate fees, or handling fees, either for the Customer’s return of a defective product for TAGs return of the repaired or replacement product to the Customer.
- 20.3 The Warranty Period is not extended if TAG repairs or replaces the product.
22. How to Make a Claim - Doors
Immediately upon discovering that a TAG door is defective or fails to conform to this warranty, the customer shall send a notice in writing to TAG at sales@trueamericangrain.com.
REV 10/25/2023 Tg