Terms and Conditions
Acceptance, Delivery and Unloading of Product:
Customer accepts all deliveries of once-used insulation in “as is” condition. Insulation is delivered via tractor-trailer. It is the customer’s responsibility to unload the trucks completely. Total shipments will be no less than 90% usable material as described below.
Once used foam insulation is defined suitable for resale if it has the following properties:
- Rigid foam boards of the same width dimension, with slight variation due to previous use and weight compression. Board should be within 1/4″ of stated width.
- Backing material may be subject to curling, lifting, pitting, cracking or may be otherwise missing from board. This is acceptable as long as more than 10% of the board is not also missing.
- Corners may be rounded and in some cases missing, but should be able to be butted side by side.
- Screw holes, cupping depressions and minor chunks removed from board surface are acceptable. A minor chunk is defined as 2 to 4 inches in diameter, 1/2 to 1-1/2 inches deep.
- Boards may be damp to the touch, but not saturated with water or other commercial liquids.
- Boards may have a visible staining, fading discoloration and adhesive blemishes.
- Insulation Depot makes no warranty of the fitness of this material for customer’s intended use.
- Payment to be made as described in Credit Terms section.
Not Providing Services:
Insulation Depot does not provide any contracting or consulting services with its once-used insulation products. It is the customer’s responsibility to review and comply with all local and state building code requirements for the use of this product, and it is recommended that the customer retain the services of a professional contractor familiar with the proper uses of the product. In no event shall Insulation Depot be liable for any loss of profit or any other damage or loss, including, but not limited to, special, incidental, consequential or other indirect damages by customer, its end-users, or any third party under any cause of action arising out of or relating to the performance of its once-used insulation products under this agreement or otherwise.
Disclaimer of Warranty:
Insulation Depot makes no representation or warranty, and expressly disclaims any representation or warranty, whether express or implied, by operation of law or otherwise, for the use of its insulation products, regarding suitability, merchantability or fitness for a particular purpose. Insulation Depot makes no warranty of any kind, express of implied, on said insulation products, for any damage occurring as a result of purchasers or any of its agents or subcontractor’s negligence, improper use or improper installation of its insulation products. In the event of a claimed defect in the product purchased, Insulation Depot, in its sole discretion, shall have the option of replacing, or refunding the purchase price paid for the product purchased.
Limit of Liability:
In no event shall Insulation Depot be liable for any loss of profit or any other damage or loss, including, but not limited, to special, incidental, consequential or other indirect damages under any cause of action arising out of, or relating to, the sale or use of insulation products by its end-users or any third party or arising out of, or relating to, said insulation products, including, without limitation, claims arising from any use or defects in the product. Insulation Depot’s maximum liability hereunder is expressly limited to the amount paid by purchaser and shall be purchaser’s sole and exclusive remedy at law or in equity.
For sales made within the Commonwealth of Massachusetts, a 6.25% Sales Tax shall apply for the product shipped or picked up, exclusive of delivery costs. In the event a purchaser provides a copy of a valid Resale Certificate or Tax Exempt Certificate prior to shipping or arrival for pickup, Sales Tax will be waived.
According to “A Guide to Sales and Use Tax” 2007, from the Massachusetts Department of Revenue, deliveries to out-of-state purchasers are exempt from the 6.25% Massachusetts Sales Tax, as specifically described below:
“Sales where the purchaser accepts title to and possession of an item outside Massachusetts generally are exempt. Similarly, if a vendor is obligated to deliver to an out-of-state purchaser’s address or to an interstate common carrier for such a delivery, the sale is not taxable in Massachusetts. Generally, however, any taxable item brought into the state within six months of purchase for use, storage or consumption in Massachusetts is subject to the use tax.”
However, the purchaser may be required to pay a Use Tax to the state in which the delivery took place. The purchaser is responsible for seeking advice from the proper authorities regarding their possible obligations under the Sales Tax and Use Tax laws of their home state.
Customer agrees to take responsibility for Insulation Depot’s trailers while at customer location and further agrees to pay the full repair cost should any container be damaged by any of customer’s employees during the unloading process. Customer further agrees to pay the full replacement cost of each and every trailer, stolen or damaged while in their possession. Full replacement cost based on Manufacturer’s invoice.
Insulation Depot values each and every one of our customers. We strive to provide only the best in products and/or services. In exchange, we ask all our customers to comply with the following:
You may elect to pay by check, credit card or via Paypal. We accept American Express, MasterCard and Visa.
You may also elect to complete our credit application which is available upon request.
Please complete all sections of the application and return to our Accounts Receivable Department. Normally, your application will be reviewed and approved/declined within 48 hours of its receipt. Upon acceptance, Insulation Depot shall perform the work.
Due Upon Receipt: We typically invoice on the same day of service. Our credit terms are essentially “Due Upon Receipt.” This means that we ask you to pay the invoice upon its receipt.
Credit Warning Status: Should your open invoice(s) reach 30 days from date of invoice, your account will be placed in “Credit Warning Status.” No service or products will be provided unless a firm commitment is made to our Accounts Receivable Department on when and how we may expect payment.
Credit Hold Status: Should your open invoice(s) reach 60 days from date of invoice, your account will be placed in “Credit Hold Status.” No service or products will be provided until payment has been received to bring your account current.
Should you have questions about this Credit Policy, please contact our Accounts Receivable Department at 508-820-2760.
If you wish to proceed, please sign each page of your quotation and these signed terms and conditions and fax all of the documents back to us along with a full set of directions to the jobsite. We will then call you to schedule your deliveries. Our fax number is (508) 820-9760.
I have read and agree to these Terms and Conditions: