CBS TERMS AND CONDITIONS

These Terms and Conditions of Sale govern all sales of materials and services, including direct shipments from Champion Mulch, LLC, also known as Champion Builder Supply (referred to as "CBS," "We," or "Us"). By making a purchase, the customer (referred to as "You" or "Customer") agrees to the following terms and conditions. Account holders are subject to additional terms and conditions, which can be found in the Account Holder Terms and Conditions.

Estimating:  Any measurements, material take-offs, material quantity estimates, or material calculators provided by CBS are intended for general estimating purposes only and should not be regarded as precise. The customer assumes all risks associated with any overages or shortages resulting from the use of these estimates, with any such overages or shortages being the sole responsibility of the customer.

Customer Orders:  For account customers, any material ordered will be billed when it arrives at our yard. Due to limited space, we cannot store materials for extended periods. Once the material is received, it must be picked up or scheduled for delivery within 7 business days. If the material remains in our yard beyond 7 business days, a daily storage fee of $45 will be applied.

Order Delays: On all orders of materials, where the delivery date is delayed, Purchaser agrees to hold CBS harmless for any such delay and agrees to make payment in full for the materials.

Warranties: CBS makes no warranties, express or implied, regarding any products or services provided. All products are subject to the warranties, if any, provided by the original manufacturer or distributor. CBS disclaims any responsibility for the performance, durability, or functionality of the products beyond the terms set by the manufacturer or distributor.

Product Quality: Due to the natural variations in earth-derived products, we cannot guarantee consistent color, exact sizing, or specific characteristics, even when the same product and color are ordered. Paver colors, in particular, may vary from batch to batch. Additionally, please note that colors displayed on computer monitors or desktop printers may differ from the actual product.  While we strive to ship only high-quality merchandise, we acknowledge that occasional off-quality products may be unintentionally shipped. We are committed to addressing any product quality issues as quickly as possible. However, CBS reserves the right to verify that a genuine quality issue exists and not simply a difference of opinion.

DELIVERY

Delivery Liability Release

• Unsuitable Delivery Site: The customer acknowledges and agrees that it is their responsibility to provide a proper and safe unloading site for delivery. CBS, its employees, agents, and subcontractors are not liable for any claims, damages, injuries, economic losses, or actions arising from or related to an inadequate delivery site. The customer further agrees to be financially responsible for any fees, expenses, or damages resulting from an inadequate delivery site, including but not limited to damage to the delivery vehicle and equipment, and any applicable waiting time fees.
  
  
• Damages During Delivery: CBS is not liable for any damages incurred during the delivery process. This waiver includes, but is not limited to, incidental or consequential property damage, such as damage to structures, mailboxes, curbs, driveways, lawns, trees, underground or overhead utilities, irrigation systems, and neighboring properties. While CBS will consider the customer’s requested delivery area, the delivery agent has sole discretion over the final placement to ensure safety. The customer assumes full responsibility for products unloaded in public rights-of-way or any area other than driveways, including the risk of damage or injury to others. Although CBS will take commercially reasonable precautions to minimize damage, the customer expressly releases and discharges CBS from all claims, demands, injuries, damages, economic losses, actions, or causes of action, including any negligence by CBS, its employees, agents, or subcontractors, related to the delivery of materials. The customer agrees to indemnify and hold CBS harmless from any third-party claims related to or arising from the delivery or unloading of materials, including reimbursement of reasonable attorney’s fees. Standard delivery rates apply to unloading materials in one location on driveways or other easily accessible areas. Additional fees will apply if hand delivery to a specific area is required or requested. CBS cannot guarantee exact delivery times due to unforeseen circumstances such as traffic.
  
  
• Ownership: The customer warrants that the delivery location is either owned by them or that they have obtained permission from the owner. The customer, as the property owner or authorized agent, agrees to hold CBS harmless and indemnify it from any claims or damages resulting from the customer’s failure to obtain the necessary permissions for property access.
  
  
• Delivery Scheduling: All changes to delivery dates and times require 24-hour notice during regular business hours. If an order is put on hold or changed, CBS cannot guarantee that the original time frames will be maintained due to ongoing dispatch schedule adjustments during weather events or job site changes.
  
  
• Freight on Board/Yard Loading Liability: The customer is solely responsible for providing a proper and safe vehicle or trailer and for determining the appropriate load when purchasing products from CBS. In the event of damage to the customer’s vehicle or trailer due to improper or unsafe conditions or overloading, the customer will bear all related expenses and liabilities. CBS assumes no liability for any such damages.
  
  
  

*Return Policy * No returns will be accepted without original receipt.

• Special Orders: Special orders for cash Customers must be paid for in advance. Account Customers will be billed on account for all Special ordered material. No Special order will be placed without a signed or accepted quote on Square or any other internal software used for pricing. Special orders are non-refundable/non-returnable. Special orders are items that are not in stock or are manufactured for a specific Customer or project. Special orders are non-returnable. Items that are not eligible for return include but are not limited to the following: Used items, including items that have been installed or assembled, clearance items, custom-made, special-order, made-to-order, or personalized products. Items marked “non-returnable” in the item description, items requested outside of the 30-day return period, any item marked as a special order, or "S/O" or "custom" at purchase, items not regularly stocked and ordered specifically at your request, bulk items, windows, doors, engineered lumber, playgrounds, cabinets, Country Lane & Gazebo Structures. Contractors, it is your responsibility to ensure your customers are aware of this policy.
  
  
• In-Stock Materials: All stock materials are non-returnable and non-refundable, except for prepackaged items that are unopened, in their original packaging, and in resellable condition. A 25% restocking fee will apply to all returned items. Approved refunds will be issued as store credit on a gift card, minus the 25% restocking fee. Cash, credit card, or check refunds will not be provided. This policy applies to all products, including but not limited to palletized materials.
  
  
• Additional Delivery Charges for Returned Materials: Customers requesting the pickup of prepackaged, unopened materials or products for return will incur additional delivery charges based on standard delivery fees. All return items must be placed curbside, neatly separated, and easily accessible before the scheduled pickup.
  
  
  
• Pallet Returns: Pallet returns are subject to inspection and are accepted if pallet quality is in usable, intact, condition, free of damage. Pallet deposits that qualify will be refunded as store credit in the form of a gift card.
  
  

Marketing Release: You authorize CBS to photograph or video record Your property in relation to the Contract and may use the photographs or videos in any type of media.  No monetary compensation will be provided. Additionally, CM reserves the right to install temporary yard signs during delivery.

Payment:  A full payment must be received prior to delivery. An online payment, credit card or cash are all viable options to satisfy payment. For check payments that are returned for lack of funds, the check writer shall be responsible for making restitution for the amount due, plus a $35 fee.

Limitation Of Services and Liability Limitation: Absent a separate written contract, CBS is not providing any home improvement work, is not acting as your home improvement contract, is not providing home improvement services, nor is CBS providing any other consumer services. It is merely providing a product and not making any warranties or guarantees of any kind. Customer assumes all risk with utilizing the product and agrees not to hold CM liable for any damages resulting from the use of the product. CBS makes no representations as to whether the product is appropriate for delivery, appropriate for the property, or appropriate for whatever use you desire. Further CBS makes no representations concerning whether any products pose any danger to animals, other plants, any other individuals, or poses an attractive hazardous nuisance to children, you should consult an environmental professional and professional landscaper to assist you with the products.  CBS is not liable for any consequential or other damages of any kind related to your use of CBS’s products.

Bulk Materials | Mulch

• Returns/Refunds/Exchanges:  All sales are final. No returns, refunds, or exchanges should be expected, nor will be granted.
  
• Waiting Time Fees: The waiting time fee is $85 per hour. This fee applies to all deliveries if the waiting time exceeds 15 minutes. The charge is calculated for each hour of waiting beyond the initial 15 minutes.
  
• Yardage Discrepancies:  Square feet and cubic yard per ton yields have been averaged to the best of our ability and there will be some variations for which we cannot be responsible. If you have concerns or questions about the measurement of yardage (after delivery) or the amount of product ordered, you must contact us within 24 hours of delivery and before applying material to landscapes.  No corrective action will be taken if material is applied or otherwise used in any way.
  
• Colored Mulch: When utilizing or ordering colored mulch, CBS recommends 48 hours of “dry time” after installation, to prevent the colorant from washing off.  We do not recommend installing colored mulch in times of rain and/or if rain is forecasted. Mulch should only be installed when the surface is dry and has been continuously dry for 48 hours.  Avoid sprinkling areas for 48 hours. Install in these conditions at your own risk. No corrective action will be taken if colorant washing occurs.  CBS highly recommends placing your colored mulch on a tarp upon delivery as we are not liable for any staining on driveways, walkways, or stone paths.
  
• Mold and Slime: CBS is not liable for any mold or slime which may grow or be found on your mulch as it is a natural occurrence on highly organic products.  To avoid mulch mold or slime, we recommend that you avoid overwatering the mulch bed(s) and freshen up the much bed(s) a few times a month with a rake. Further, when watering any plants, pour the water as close to the roots as possible.
  

Attorney Fees and Costs: In the incident that any legal action is taken on behalf of CBS or you in any action related to any relationship formed or dispute between you and CBS, the prevailing party shall be entitled to reasonable attorney’s fees.  Maryland law shall govern any relationship between you and CBS. Any claim shall only be adjudicated in the Howard County Courts in Maryland.

Severability: If any term, provision or paragraph is unlawful, against public policy, or otherwise void by law, then said term, provision or paragraph shall be removed but all other terms and conditions shall remain in full force and effect. If any provision of this Contract is held unenforceable, then such provision will be modified to reflect the parties’ intention.