Payment Terms – All sales are FOB Abington, C.O.D., Visa or MasterCard, cash or local /business checks with proper ID; there is a $50 fee for all returned checks. Prices in effect at time of delivery will apply, & are subject to MA Sales Tax & may change without notice. Cash sale deliveries will be scheduled only after full payment in advance has been received. Drivers do not collect any method of payment. All purchases are final after 20 days from the date of purchase.
Massachusetts Sales Tax – The MA Sales Tax is added to all orders & applies unless Back Yard Living has a MA Form S-4 Sales Tax Resale Certificate on file.
Special Order – Non-stock special Order products will be available for pick up or delivery approximately 4 weeks from receipt of a signed special order form and require payment in full unless otherwise noted by Back Yard Living at the time of quotation or at the time the order is placed. Upon arrival of the order, the customer will be notified to pick up/deliver their order. Materials not picked up within 30 days, may be returned to inventory for resale or disposed of. Back Yard Living cannot be responsible for materials that have NOT been picked up or delivered within the specified 30 day time frame. Additional shipping charges may apply.
Pallet Deposit – A refundable deposit may be charged for pallets. Credit will only be given for stenciled/reusable pallets. However, the Back Yard Living personnel will determine the final number of pallets to be credited after inspection. Refunds will be issued by Back Yard Living within 30-days of return (proof of purchase is required).
Returns – All items returned must be stacked as originally packaged/shipped, with original sales receipt, & in clean condition.
Returns on hardscape materials are full pallet only in its original packaging. We reserve the right to reject any returned item. All returns are subject to a 25% restocking fee. Return will be for merchandise credit only; if the credit is not used within 30 days, a refund check will be issued to the original purchaser. All purchases are final after 20 days from the date of purchase.
THE FOLLOWING ARE NOT RETURNABLE FOR CREDIT: All bag goods including mortar, cement, & sand; Special order/non-stock items; Any partial pallet of material, chemicals, powders, cleaners, & sealers; All sale or discontinued items, RESTACKED, muddy, or damaged cubes of block, paver & retaining wall products; Items out of their original packaging. Any material in unsellable condition as determined by Back Yard Living personnel. Any items without original sales receipt.
Colors – Each pallet, solids & blends, may vary from the next in color tone & texture-even from the same lot & exact color blend(s) cannot be guaranteed. For optimal color blend results, mix all pallets as you work. Do not pull paving stones layer by layer; instead pull from top to bottom working from all four corners simultaneously. Due to natural variations inherent in the product, it is essential you look at more than one piece to see the range of color, shading, & texture. Once products are installed, we can no longer be responsible for selection. Factors out of our control that do affect materials required are: job conditions, weather conditions, workmanship, plan changes, job site theft, & job site supervision. We, therefore, cannot guarantee any takeoffs due to the extreme number of variables outside of our control.
Warranty – Back Yard Living warrants to the customer that goods furnished under this agreement will conform to any express manufacturers warranty. Back Yard Living’s liability and the customer’s exclusive and sole remedy for breach of warranty will be limited to replacement of the goods, or, at Back Yard Living’s option, refund of the original purchase price. Back Yard Living cannot guarantee that the color of any replacement goods will match the color of the defective goods or of original goods which are not replaced, and replacement labor is not included. Back Yard Living will have no liability beyond the purchase price nor will Back Yard Living be liable for any special, consequential, incidental or indirect damages incurred in connection with the purchased goods. Back Yard Living does not assume or authorize any other person to assume any other liability in connection with the goods purchased under the agreement.
Delivery Hours – Deliveries are scheduled for Monday thru Friday from 8:00 am – 3:00 pm only; special delivery dates & times may be available upon request. Once the customer releases an order, it is assumed that both the job site is ready for materials & there is proper access for our trucks and/or vehicles. Materials will be positioned as close to the project as possible at the time of delivery. All goods must be examined at the time of delivery and any damages or shortage must be recorded on the delivery acceptance forms. Back Yard Living LLC cannot be responsible for material and/or quantity discrepancies if customer has verified the order & signed the invoice. Customer has 24 hours to notify Back Yard Living of any problems with a delivery by speaking personally to a Back Yard Living representative.
Delivery Terms – It may not be necessary for you be present when we deliver if you provide us with specific written instructions, clearly mark the area for the delivery to be placed & we will accommodate you as best we can. When deciding where you would like materials placed; please check the area for overhead wires, low tree limbs, septic systems, etc. In wet weather, the ground is very soft & our heavy trucks cannot always pass; please plan an alternate location, if this is the case. Back Yard Living assumes no liability for any damage to lawns, curbs, driveways or other property. Due to the obvious weight of equipment & product, Back Yard Living cannot be responsible for ruts or damage to property if we are asked to deliver beyond the curb. Customer understands that if any damage to the property may occur, it is not Back Yard Living’s responsibility. If the driver determines that leaving the road would cause excessive damage to the property, cause damage to neighboring property, put Back Yard Living’s equipment in danger, or cause Back Yard Living equipment to get stuck, the driver will deliver material to the curb. Drivers are responsible for their trucks & time spent on the job. In no case will the driver leave the road if in the driver’s opinion the delivery would be unsafe. For the purpose of safety, drivers are not allowed to place material on scaffolding or floors, into an excavated area they cannot clearly see, over fences, walls, wire, or any other areas they determine to be unsafe. No claims of damage or shortage will be considered by Back Yard Living unless made within 24 hours after receipt of shipment by the customer & accompanied by Back Yard Living’s invoice and/or production number.
Delivery Schedule – Due to the many variables associated with deliveries, all delivery dates & times stated by Back Yard Living are approximate and are estimated in good faith to the best of our ability. Back Yard Living shall not be liable for any failure to perform or for any delay in the delivery or shipment of products, or for any damages or costs of any kind or nature suffered by customer due to such failure or delay, whether directly or indirectly caused by acts of God, acts of customer, war, riots, fires, explosions, floods, strikes, accidents, weather, traffic, failure in production or production equipment, shortage of raw materials, common carriers available, labor or storage facilities, independent acts of any common carrier, or any other cause or causes beyond the reasonable control of Back Yard Living.
Delivery Cancellation – It is the customer’s responsibility to inform Back Yard Living of the cancellation of any scheduled shipment within 24 hours due to weather or job site conditions. Failure to do so will result in delivery of material to the nearest accessible location on the job site or, at the request of the customer, return to a Back Yard Living facility with applicable charges (minimum of $150.00 Dry Run Charge). Orders must be cancelled by speaking personally to a Back Yard Living representative. In any case the customer may be charged a handling fee if a load is held, cancelled, or changed once the truck has been loaded. Cost to be determined by the Manager. Due to fluctuating fuel costs, we reserve the right to assess a fuel surcharge.
Indemnification – The Buyer shall at its own expense apply for & obtain any permits & inspections required for the installation and/or use of the products. The Seller shall not be responsible for any losses or damages sustained by the Buyer or any other person because of improper installation or misapplication of products. Buyer shall defend, indemnify & hold harmless Seller & its agents & employees against any loss, damage, claim, suit, liability, judgment or expense (including, without limitation, attorney’s fees) arising out of or in connection with any injury, disease, death of persons (including, without limitation, Buyer’s employees & agents) or damage to or loss of any property or the environment, or violation of any applicable laws or regulations resulting from or in connection with the sale, transportation, installation, use or repair of the products by the Buyer or of the information, designs, services or other work supplied to Buyer, whether caused by the concurrent and/or contributory negligence of Buyer, Seller, or any of their agents, employees or supplier. The obligation indemnities & covenants contained in this paragraph shall survive the consummation or termination of this transaction.
Governing Law & Dispute Resolution Procedures. The enforceability, construction, interpretation, & validity of this Agreement & any resolution of any dispute concerning the Service shall be governed by the substantive laws of the Commonwealth of Massachusetts. Any dispute, controversy or claim arising under, in connection with or relating to this Agreement or the Service shall be subject to & settled finally by binding arbitration in accordance with the Arbitration Rules of the American Arbitration Association (AAA). All arbitration proceedings shall be held in Boston, Massachusetts. The award of the arbitrator shall be binding & final upon all parties, & judgment on the award may be entered by any court having proper jurisdiction thereof. In any arbitration arising hereunder, each party to the preceding shall be responsible for its own costs incurred in connection with the arbitration proceedings