Terms and Conditions

The following Terms and Conditions (the "Terms") apply to all on-line purchases of Products (including Discontinued, Overstock or Blem Products) made through our Internet site at www.buildersclearance.com. The terms "you", "your" and "yours" refer to the customer/purchaser using our Internet site to purchase Products from Builders Clearance. The terms "we, "us", "our" and "Builders Clearance" refer to EJN, Inc. DBA Builders Clearance. You and we agree that your order is an offer to purchase the Products on Terms listed below which will become a contract ("Agreement") when accepted us via confirmation that specifically references your order or when we ship to you the Products you ordered, whichever occurs earlier. By placing an order for Products you agree to be bound by and accept these Terms. Your represent that you are at least 18 years of age and have the legal authorizations to enter into this Agreement on behalf of yourself or any party you represent. This Agreement may not be altered, supplemented, or amended by the use of any other document(s). Any such attempt will be null and void unless otherwise agreed to in a written agreement signed by both you and us. Terms are subject to change without prior notice at any time in Builders Clearance’s sole discretion.

1. Order and Payment Terms. Your order for Products is not valid until accepted by Builders Clearance. Your Payment for Products must be received in full before our acceptance of your order and our shipment of Products. We only accept valid MasterCard, Visa, Discover, and American Express cards. We do not accept cash, COD, purchase orders or personal checks for online orders.
2. Product Availability. Limited stock is available. Our offers are valid while supplies last. Prices may fluctuate. Please check our Internet site or call Builders Clearance Store Customer Support at 1-866-923-5818 for current prices and availability. Products may not be available for immediate delivery. Accessories shown with Products are not included unless expressly stated.
3. Title; Risk of Loss or Damage. Title to Product(s), passes from us to you upon shipment from Builders Clearance’s facility. You assume all risk of loss or damage to all Products while in transit. In the event of Product damage or loss during transit, it is your responsibility to file a claim with the carrier.
4. Warranties Builders Clearance makes no warranties except those stated in the limited warranty statement included in the documentation with the Product. Warranty periods and service vary by product. Builders Clearance expressly disclaims all other warranties, express or implied, including without limitation implied warranties of merchantability and fitness for a particular purchase except to the extent expressly set forth in the applicable limited warranty. Some states do not allow exclusion or limitation on how long an implied warranty lasts, so the above limitations or exclusions may not apply to you. We reserve the right to modify warranties prospectively at any time and from time to time in our sole discretion.
5. Discontinued/Overstock/Blem Product Warranties: Builders Clearance makes no warranties except those stated in the limited warranty statement included in the documentation with the Discontinued/Overstock/Blem Product. Warranty periods and service vary by Discontinued/Overstock/Blem Product. Builders Clearance expressly disclaims all other warranties, express or implied, including without limitation implied warranties of merchantability and fitness for a particular purchase except to the extent expressly set forth in the applicable limited warranty. Some states do not allow exclusion or limitation on how long an implied warranty lasts, so the above limitations or exclusions may not apply to you. We reserve the right to modify warranties prospectively at any time and from time to time in our sole discretion.
6. Product Warranties. If you would like to review the applicable limited warranty for a Product that is sold in the Builders Clearance Store, please call Builders Clearance Store Customer Support at 1-866-923-5818 and we will send you a free copy.
7. Discontinued/Overstock/Blem Product Warranties. If you would like to review the applicable limited warranty (if available) for a Discontinued/Overstock/Blem Product that is sold in the Builders Clearance Store, please call Builders Clearance Store Customer Support at 1-866-923-5818 and we will send you a free copy.
8. Limitation of Liability. Builders Clearance and its affiliates’ total liability whether for breach of contract, warranty, late delivery or non-delivery, negligence, strict liability in tort or otherwise, is expressly limited to the price of the particular Product(s) sold with respect to which losses or damages are claimed. Your sole remedy against them in any dispute under this agreement shall be to seek recovery of the amounts you have paid, pursuant to section 12, upon the payment of which they shall be released from and discharged of all further obligations and liability to you. In no event will either party be liable to the other for any incidental, special, indirect, exemplary, punitive or consequential damages, including, but not limited to, loss of anticipated profits or revenue, economic loss, loss of data, loss of use of the Product/(Discontinued, Overstock, Blem product) or any associated equipment, cost of capital, cost of substitute or replacement equipment, facilities or services, down time, your time, the claims of third parties, and injury to property, regardless of the nature of the claim. Please also refer to the applicable limited warranty which may include additional limitations of liability. Some states do not allow exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
9. Governing Law/Waiver of Jury Trial. Sales shall be governed by and construed under the laws of the state of Georgia, without giving effect to conflicts of law rules. Jurisdiction and venue for all disputes shall lie in Cobb County, state of Georgia, being the place where customers order has been received and/or accepted. The parties hereby waive trial by jury with respect to any dispute relating to this agreement or customers order. Any cause of action or claim you may have with respect to the Builders Clearance web site (including but not limited to the purchase of Products/ (Discontinued, Overstock, Blem Products) must be commenced within one (1) year after the claim or cause of action arises.
10. Compliance with the Law; Resale Sales. You agree to comply with all applicable laws and regulations of the various states and of the United States and other countries that relate to the Products/ (Discontinued, Overstock, Blem) Products or this Agreement. You are solely responsible for obtaining any licenses or other governmental authorizations related to your use of the Products/ (Discontinued, Overstock, Blem) Products that may be required by any federal, state or local government agency, and for complying with all rules and regulations imposed by such agencies. The Products/ (Discontinued, Overstock, Blem) Products are intended for purchase and use only in the United States. You agree and represent that you are buying for your own personal use only, and not for resale. Builders Clearance has separate terms and conditions governing purchases for resale.
11. Typographical or other errors. We endeavor to accurately describe every Product/ (Discontinued, Overstock, Blem) Product offered for sale; however, mistakes can sometimes be made. Any typographical, photographic or specification error in Product/ (Discontinued, Overstock, Blem) Product description, pricing or offers is subject to correction and verification. In the event a Builders Clearance product/ (Discontinued, Overstock, Blem) Products is listed at an incorrect price due to typographical error, error in pricing information or other error, Builders Clearance shall have the right to refuse or cancel any orders placed for Products/ (Discontinued, Overstock, Blem) Products listed at the incorrect price. Builders Clearance shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and accepted and your credit card has already been charged. If your credit card has already been charged for the purchase and you order is cancelled, Builders Clearance shall issue a credit to your credit card account in the amount of the incorrect price.
12. Miscellaneous. If any provision contained in this Agreement is or becomes invalid, illegal or unenforceable in whole or in part, such invalidity, illegality or unenforceability shall not affect the remaining provisions and portions of this Agreement. Failure of Builders Clearance to insist upon strict performance of any provision hereof shall not be deemed a waiver of any other provision. Builders Clearance shall not be liable for any delay or failure in performance caused by or resulting from fire, flood, earthquake, civil unrest, acts of war, embargoes, strikes, labor difficulties, equipment failures, computer viruses or errors or any other causes beyond the control of Builders Clearance. We may revise these Terms at any time by updating the Builders Clearance web site. We reserve the right to change prices, specifications, warranties and other Terms herein without notice. Builders Clearance may assign its rights and duties under this Agreement to any party at any time without notice to you.