The following Terms and Conditions apply to the use of this Web site as well as all transactions conducted through the site.
- Legal Notice
All notices from CL Noonan Services to You may be posted on our Web site and will be deemed delivered within thirty (30) days after posting. Notices from You to CL Noonan Services shall be made either by e-mail, sent to the address we provide on our Web site, or first class mail to our address at:
Delivery shall be deemed to have been made by You to CL Noonan Services five (5) days after the date sent.
All content appearing on this Web site is the property of:
415 West St. PO BOX 400,
West Bridgewater, MA 02379
Copyright © 2022 CL Noonan Services All rights reserved. As a user, you are authorized only to view, copy, print, and distribute documents on this Web site so long as (1) the document is used for informational purposes only, and (2) any copy of the document (or portion thereof) includes the following copyright notice: Copyright © 2012-2016 CL Noonan Services All rights reserved.
- Use Of Site
This site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this site may contain technical inaccuracies or typographical errors. Information, including product pricing and availability, may be changed or updated without notice. CL Noonan Services and its subsidiaries reserve the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if CL Noonan Services, Inc. believes that customer conduct violates applicable law or is harmful to the interests of CL Noonan Services and its subsidiaries.
- Site Security
- “Your payment and personal information is always safe. Our Secure Sockets Layer (SSL) software is the industry standard and among the best software available today for secure commerce transactions. It encrypts all of your personal information, including credit card number, name, and address, so that it cannot be read over the internet.”
- Return Policy
You may purchase services as described from this Web site by using any one of the payment options listed in (link to Payment Options). CL Noonan Services reserves the right to change its payment procedures at any time without prior notice to you. If services have been ordered and paid for and you wish to cancel your order, you may call our office during normal business hours, (508) 521-6091 to request a refund. Any service that has been performed on your behalf by CL Noonan Services will be billed at a prorated amount based on days of service provided.
Warranty – CL Noonan 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 CL Noonan option, refund of the original purchase price. CL Noonan 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. CL Noonan will have no liability beyond the purchase price nor will CL Noonan be liable for any special, consequential, incidental or indirect damages incurred in connection with the purchased goods. CL Noonan 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. CL Noonan cannot be responsible for material and/or quantity discrepancies if customer has verified the order & signed the invoice. Customer has 24 hours to notify CL Noonan of any problems with a delivery by speaking personally to a CL Noonan 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. CL Noonan assumes no liability for any damage to lawns, curbs, driveways or other property. Due to the obvious weight of equipment & product, CL Noonan 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 CL Noonan equipment in danger, or cause CL Noonan 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 CL Noonan unless made within 24 hours after receipt of shipment by the customer & accompanied by CL Noonan invoice and/or production number.
Delivery Schedule – Due to the many variables associated with deliveries, all delivery dates & times stated by CL Noonan are approximate and are estimated in good faith to the best of our ability. CL Noonan 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 CL Noonan.
Delivery Cancellation – It is the customer’s responsibility to inform CL Noonan 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 CL Noonan facility with applicable charges (minimum of $150.00 Dry Run Charge). Orders must be cancelled by speaking personally to a CL Noonan 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.
VOID WHERE PROHIBITED:
Although the information on this Web site is accessible worldwide, not all products or services discussed in this Web site are available to all persons or in all geographic locations or jurisdictions. CL Noonan and the advertisers each reserve the right to limit the provision of their products or services to any person, geographic area, or jurisdiction they so desire and to limit the quantities of any products or services that they provide. Any offer for any product or service made in the materials on this Web site is void where prohibited.
GOVERNING LAW: In the event of litigation both parties agree that the Law of the State of business registration of CL Noonan Services shall apply and both parties shall consent to the jurisdiction of said State’s courts, or in the event of diversity of citizenship, the United States District Court for the (District). Both parties expressly waive a trial by jury.
MISCELLANEOUS: The Terms and Conditions constitute the entire agreement between you and CL Noonan Services with respect to this Web site. The Terms and Conditions supercede all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and CL Noonan Services with respect to this Web site. No modification of the Terms and Conditions shall be effective unless it is authorized by CL Noonan Services If any provision of the Terms and Conditions is found to be contrary to law, then such provision(s) shall be constructed in a manner to closely reflect, as much as possible, the intentions of the parties, with the other provisions remaining in full force and effect.
RESPONSIBILITY FOR EQUIPMENT The equipment furnished by Contractor or its subcontractor hereunder shall remain the property of Contractor or subcontractor, and Customer shall have no interest in such equipment. Customer shall be responsible for all loss or damage to the equipment except for normal wear and tear or for loss or damage resulting from Contractor’s handling of the equipment. Customer shall not overload (by weight or volume), move or alter the equipment without prior written permission from the contractor, and shall use the equipment only for its proper and intended purpose. Customer agrees to indemnify, defend, and hold harmless Contractor against all claims, damages, suits, penalties, fines and liabilities for injury or death to per sons or loss or damage to property arising out of Customer’s use, operation or possession of the equipment. On collections day, Customer shall provide unobstructed access to the equipment. If the equipment is inaccessible, Customer will be notified and any additional collection service or attempt to provide such service may be charged as “extra pick-up.”
CHARGES AND PAYMENT: Customer shall pay Contractor for its services in accordance with the schedule of changes shown herein. Customer shall be liable for all taxes, fees or other charges imposed by federal, state, or local laws and regulations upon the collection, transportation or disposal of Customer’s waste materials or the services performed hereunder. Payment shall be made by Customer in accordance with the terms outlined on the Service Agreement after receipt of an invoice from Contractor or its agent. In the event that any payment is not made when due, Contractor may suspend service when payment is 45 days late. Suspension of service does not terminate this agreement and Customer is responsible for all charges generated during this period of suspension. Service will then be reinstated upon payment of all past due balances and any reasonable reinstatement fee that may be imposed by the Contractor. Additionally, Contractor may terminate this Agreement and recover any equipment on the premises of Customer. Contractor may impose and Customer agrees to pay late fee for all past due payments not to exceed the maximum rate allowed by applicable law. In the event of a breach of this Agreement, the breaching party shall pay all reasonable attorney’s fees, collection fees and costs of the other party incident to any action brought to enforce this Agreement.
PROPERTY DAMAGE: Contractor shall not be responsible for damage to Customer’s property or driving surface resulting from of normal operational wear and tear of the Contractor’s equipment. (i.e. soft pavement, non-paved areas, low hanging tree limbs or wires, etc.) ADDITIONAL CHARGES: Any waste deemed difficult to manage will be charged at the current rate. Any items not accepted at the landfill will also be charged at the current rate.