VINTAGE TIMBERWORKS FAQ
How do I place an order?
Is there a minimum purchase quantity?
Depending on the amount of labor requested, there may be a minimum mill charge and lead-time.
Minimum orders of 100 board feet apply to LABOR on all planking products.
How is the wood priced?
We price our material by the board foot. The price per board foot will vary depending on quantity and wood species. There is a price break for quantity on beams and planking at over 100 board feet and again at over 500 board feet. Each labor process that is requested will add to the price as well. Flooring typically has a 500 square foot minimum without incurring an additional setup fee. Discounts on full units or large quantities may be available.
What is a board foot?
One 8”x8” Beam 10’ Long = (8x8x10)/12 = 53.33 BF
One 2”x 8” Plank 10’Long = (2x8x10)/12 = 13.33 BF
A board foot and square foot are very similar in 1” thick material. The difference being material is sold in Board Feet on a nominal measurement (example: 1”x 8”) compared to an actual measurement to count towards square footage (example ¾” x 7 ½” ).
Do I need an Appointment?
We inventory over a million board feet at our Temecula location of vintage timbers and boards. We welcome customers to visit our showroom Monday through Friday 7:30-4 to look around and talk with the office staff to see different options that may suit your needs – No appointment necessary.
Please read section below regarding hand selection of materials during your visit.
Can I hand select my own material?
We inventory over a million board feet at our Temecula location and not every pile is always accessible. We welcome customers to visit our showroom and yard to look around and talk with the office staff to see different options that may suit your needs – No appointment necessary.
Our showroom typically inventories over 50 fireplace mantels in various sizes and appearances that can be purchased on taken home same day.
A selection of mixed boards is also available at the showroom for customers looking to select a board or two for small projects.
Most orders for planking need to be placed with enough time to allow us to select the material for you. With our current workload, in-stock planking products can take between a few days to a week or two depending on the order.
For customers who need to personally select each board for their order, planking that is hand-selected is priced at the low volume rate and needs to be scheduled with the office to see when/if it is possible. This is not always an option but we try to accommodate when possible. Several things to consider when requesting an appointment for hand selected boards:
- All material is subject to prior sale and cannot be put on hold awaiting customer arrival. We suggest calling the morning that you have scheduled to visit to confirm material is still in stock.
- Hand selected materials need to be paid for in full the same day of selection and are considered a final sale. No exceptions.
- Customers are responsible for personally rolling through material. We do not provide laborers to sort boards into different piles for customers to consider. Please bring help if you are not able to physically sort materials.
- We request customers bring transportation suitable to accommodate the full length that the boards exist or arrange for pick up within a week or so. Vintage Timberworks can help to load but cannot make multiple cuts for specified lengths.
Hand selection of timbers may be an option depending on our current workload. Please call the office for availability.
What is the lead time?
The lead time on a quote is our good faith and best guestimate for the amount of time required by Vintage Timberworks to hand select and prepare materials specifically for your project. It is not a guaranteed date of delivery but often an outside estimate. We rarely run late due to unforeseen circumstances. The estimate is based on the amount of work on the board at the time the quote was generated. Jobs that come in between the time we sent the quote and the time you sign up may have a significant effect. If this is the case, we will contact you to let you know the new estimated lead time.
Projects are staged chronologically by date of deposit received, AND signed quote, as well as full direction.
Change orders, additions or client indecision may likely result in equal delay in production and/or completion. Once staged, we will not put another project in front of yours and ask that you understand we will not put your project in front of others.
Our commitment to you is to complete your project promptly without sacrificing quality. While we expect calls to coordinate time schedules, we ask you to limit calling regarding the status of your order. We promise to contact you immediately when your materials are ready.
Can I Expedite My Order?
In order to keep quality control at the high level that we strive for, we do not “rush” jobs through. On rare circumstances, when it would not push other jobs back in line, we can bring the crew in to work overtime in order to expedite your order.
What are Mortises/Notches & can they be filled or avoided?
Hardwood barn timbers were originally fit together with mortise and tenon construction methods– meaning the beams were notched and fit together with pegs rather than connected with conventional metal hangers. The mortise pockets (notches) are evidence of where the beam was notched to accept the end of a connecting beam or brace. These notches are inherent in one or more sides of virtually all timbers we receive. Selecting for zero or minimal notches is generally not an option with the exception of possibly short lengths (10’ or less). For customers looking to minimize the appearance of these notches, we offer a service to fill them with end grain plugs reminiscent of the original tenon ends (excludes “as is” orders). Plug costs are listed on the quote and must be requested in writing at the time of returning a signed quotation. Without a written request to fill notches, processed hardwood timber orders will NOT have notches filled (with exceptions for mantels and box beams). When processing beams, Vintage Timberworks selects the best beams available from inventory and will orient the beam so the best visible sides are shown. If all sides are equal, the side with the most amount of notches is generally turned upward to minimize the number of exposed notches. If we are splitting timbers to yield two halves, all notches on a beam will be visible without the opportunity to hide one side generally resulting in a slightly higher number of exposed notches. Please feel free to inquire about additional photos of installations of filled/unfilled if you’re not sure how to proceed.
How do deliveries work with an order?
All deliveries are arranged through an outside carrier and the customer is responsible to unload either by hand or with equipment. Driver does not unload. Customers are typically given one hour upon arrival to unload. Standby charges of $75/hour accrue after one hour. Our office staff can help to arrange deliveries (after job completion) so you can arrange to have materials arrive at the location and time of your request. Please be sure to make us aware of areas of limited accessibility so we can arrange to have appropriate trucks arranged.
What does "allowance" mean on my quote?
Any dollar amount listed next to “allowance” at the bottom right of the quotation is an estimation of excess material needed to provide the requested sizes and lengths listed on the quote. This line item is typically listed on quoted with “as is” beams or planks requested at certain lengths. Upon completion of the job, the final invoice will reflect the actual tally of material selected or used. “As is” beams and planks are typically supplied in full lengths without excess being cut back.
Processed beams or planks (materials with milling labor) are typically cut back to requested lengths (or slightly longer) so labor is not performed on excess material that’s not needed. Any excess material (cutoffs) may not be included in final delivery without a written request from the customer prior to placing order.
The wax finish sold by Vintage Timberworks is intended for interior applications only and is not a food safe product. It is a popular choice for finishing reclaimed wood to give it a satin sheen and antique appearance. It’s a relatively soft finish and color may rub/scratch off on surfaces that get heavy wear such as chairs or table tops. Because it is a soft finish, you may want to apply it after installation to avoid damage during transportation or install.
To achieve a look similar to what’s shown in our showroom, we suggest the technique below.
Make sure the material is sanded to the desired level before applying wax. Choose a warm environment to allow the wax to be spread more evenly and allow more time to work it to the desired appearance.
To begin, mask off the surround area as wax is virtually impossible to remove from any surface once applied. Open the can and stir thoroughly. The wax should have a consistency of mayonnaise or more liquid depending on how warm the environment is. Using a disposable paint brush, work your way down one side of a beam or mantel before moving on the next side. It’s important to brush along with the grain and avoid swirl marks or uneven thickness. You may want to use a rag while you’re applying to wipe away excess prior to moving further along. If it is applied too thick, uneven, or in colder temperatures, it may set up and look hazy (clear wax) or blotchy (tinted wax) and be extremely difficult to remove or remedy once it starts to dry. After application is complete, touch up of swirl marks or other alterations can make matters worse and second coats are not recommended. In short, however the wax looks during application is basically how it will look once dry. Testing this technique on a scrap piece is recommended prior to application on actual beam or mantel.
Once complete, we recommend allowing at least 24 hours to fully dry. Surface will feel slightly tacky and can be buffed to a light sheen with a lint-fee rag (tee-shirt type). Larger projects can be buffed with a SOFT bristle brush on a drill at low RPM. If the wax is not completely dry prior to buffing, you may inadvertently remove the thicker spots that haven’t cured resulting in a lighter spot that would be difficult to fix.
Beams and mantels should only need one coat and should be pretty much maintenance-free. Clean with a feather duster and avoid cleaners or excessive moisture that may cause water-spotting.
How long can I store my order before picking it up?
Because yard space is extremely limited, we request customers pick up their orders within 30 days of completion. In addition to freeing up storage space, this helps to avoid potential damage resulting from moving finished materials, rain, rodents and/or insects. Without making prior arrangements with us, finished material may be moved to long-term storage and require a considerable lead time to locate and make ready for pickup if stored for longer than 30 days. Vintage Timberworks, Inc. will not be responsible for damage occurring to orders stored longer than 30 days and will not be responsible for loss of material after 6 months of storage. Regardless, we ask that any remaining balance due be paid upon completion.
What Is The Return Policy?
Material cut shorter per customer request to accommodate transportation is non-returnable
What Are Your Hours of Operation?
Temecula Yard Hours: M-F 7:30-4:00 Material Selection By Appointment
Santa Barbara Showroom: By Appointment Only
Cabo San Lucas MX Showroom: By Appointment Only
Do you install?
Vintage Timberworks is a material supplier of reclaimed wood materials and vintage timbers. Depending on your location, we can suggest individuals who can help with the installation of beams, wall planking, exterior siding, mantels and flooring. Please visit the affiliates section of our site to see some of the installers we work with that regularly use our materials.
Do you build doors or furniture?
Are there bugs in the material?
Most lumber and wood is subject to insect infestation. This is particularly true with dry wood termites on the west coast which typically swarm in the fall. As a matter of course, all arriving lumber shipments (with the exception of softwoods) are fumigated. All material is visually inspected for insect infestation and if indicated, the material is either fumigated prior to sale or disposed of.
Fumigation is accomplished on-premise by an independent licensed fumigator with Vikane gas in sufficient concentrations and a term to eliminate all possible insect infestations. Vikane treatment provides no residual protection from future infestation. While Vintage Timberworks exercises practical and reasonable due diligence with regard to potential existing insect infestations, we do not warrant that the materials you receive are insect-free or that they will not become infested in the future.
At your request upon completion of your order, your material can be fumigated (or re-fumigated) by including it as part of a regularly scheduled fumigation with additional charges.
What products are FSC certified?
We currently are not part of the FSC certification but given a very long lead time for orders of significant volume, all Vintage Timberworks’ products can be supplied with an FSC® certification (C014262). All reclaimed wood provided by Vintage Timberworks meets FSC® certification (C014262) requirements and can be supplied with certification upon request. All requests for FSC® certification (C014262) need to be made prior to placing an order.
*Our engineered flooring is not guaranteed to be laid up on FSC® certified (C014262) plywood UNLESS special ordered on FSC® certified (C014262) plywood. Custom orders of our engineered flooring on an FSC® certified (C014262) substrate are available upon request.
What are the scientific names of the wood available?
How are box beams (hollow beams) priced?
Depending on appearance and sizing, box beams are typically more expensive than solid beams. Box beams are typically reserved for situations where customers cannot support the weight of solid beams or need to wrap an existing structural element. All box beams are custom produced per customer request. We do not carry “in-stock” box beams. In situations where customers do not have time for us to produce box beams for their project, we can possibly supply planking materials to be milled and fabricated by others.
Can I bring in my own wood/furniture to be worked on or milled?
At this time, Vintage Timberworks does not work on outside materials. All milling services are strictly performed on inventoried materials.
What is the difference between "Nominal" and Net" dimensions and what do they mean?
Due to the nature of reclaimed wood, actual width and height measurements will vary from one piece to the next and are listed as “nominal measurements” (also considered “approximate” and are NOT exact) unless otherwise specified. Example: A beam measuring 5″-6″ wide x 7″-8″ tall would be considered a 6×8. Beams from the same lot will possibly vary from one to the next. If we are hand hewing the surface, we typically remove an additional 1/8″ or so per side yielding a slightly smaller beam than what we started with. Boards in our inventory are supplied in nominal dimensions as well. Example: A board in the yard measuring anywhere from 1-1/2″ – 2″ thick x 11″-12″ wide would be considered a 2×12. Vintage Timberworks considers nominal measurement to be plus or minus one inch from listed dimensions.
“NET Dimensions” mean material would be supplied in “actual measurements” and is typically milled down from taller or wider stock resulting in higher costs due to waste and labor involved. Milling to NET dimensions is the only way to ensure exact sizing in dimension and exact consistency from one piece to the next.
If your job requires specific measurements, it is critical that these measurements are communicated with our team prior to any quote being generated.
We are happy to discuss what to expect in overall sizing and variation prior to quoting or production of any order.
What are the Terms and Conditions associated with placing an order?
We look forward to providing you with fine aged, reclaimed wood with the quickest turnaround possible. Our commitment to you is to complete your project promptly without sacrificing quality. Projects are staged chronologically by date of deposit received AND a signed quote with full direction. We commit to doing our best to meet or beat our estimated lead time and promise to contact you as soon as the order is complete. While we expect calls to coordinate time schedules, we ask you to limit calling regarding the status of your order. Upon receipt of your deposit, we may begin sorting and/or processing material immediately. Any changes or additions may be subject to extra charges or an extension of the quoted lead time. In the event of a cancelation, any material that has been custom processed or purchased on your behalf is non-refundable and stock items that have been sorted may be subject to a restocking fee.
TYPE: To better understand how your order is pulled, processed, or sold, please see the left column on your quote. The type of product will determine if the material can be returned or refunded in the event of a cancelation or change of plan.
S = In Stock item. Subject to a 25% restock fee if returned in the same condition and lengths within 30 days.
C = Custom ordered or cut per customer direction. This type is nonreturnable / nonrefundable.
F = Final Sale. This type is nonreturnable / nonrefundable.
LEAD TIME: The lead time on a quote is our good faith and best estimate for time required by Vintage Timberworks to hand select and prepare materials specifically for your project. It is not a guaranteed date of delivery but often an outside estimate. We rarely run late due to unforeseen circumstances. The estimate is based on the amount of work on the board at the time the quote was generated and any jobs that come in between the time we sent the quote and the time you sign up may have a significant effect. If this is the case, we will contact you to let you know the new estimated lead time.
ALLOWANCE / WASTE EXPLANATION: Any dollar amount listed next to “allowance” at the bottom right of the quotation is an estimation of excess material needed to provide the requested sizes and lengths listed on the quote and upon completion of the job, the final invoice will reflect the actual tally of material selected or used. Any dollar amount listed next to “waste” at the bottom right of the quotation is a charge to provide the listed dimension / lengths listed on the quote that accounts for excess material and labor to sort. Any excess material (cutoffs) may not be included in final delivery without a written request from the customer prior to placing order.
ORDERS OVER $5000: All orders exceeding $5,000 require Preliminary Notice information including job address, contractor/sub-contractor and lender info prior to executing a work order.
ORDER STORAGE POLICY: Because yard space is extremely limited, we request customers pick up their orders within 30 days of completion. In addition to freeing up storage space, this helps to avoid potential damage resulting from moving finished materials, rain, rodents and/or insects. Vintage Timberworks, Inc. will not be responsible for damage occurring to orders stored longer than 30 days and will not be responsible for loss of material after 90 days of storage. Please see item #5 on our Terms and Conditions of Sale.
INSECT POLICY: Most lumber and wood is subject to insect infestation. This is particularly true with dry wood termites on the west coast which typically swarm in the fall. As a matter of course, all arriving lumber shipments (with the exception of softwoods) are fumigated. All material is visually inspected for insect infestation and if indicated, the material is either fumigated prior to sale or disposed of.
Fumigation is accomplished on premise by an independent licensed fumigator with Vikane gas in sufficient concentrations and a term to eliminate all possible insect infestations. Vikane treatment provides no residual protection from future infestation. While Vintage Timberworks exercises practical and reasonable due diligence with regard to potential existing insect infestations, we do not warrant that the materials you receive are insect free or that they will not become infested in the future.
At your request upon completion of your order, your material can be fumigated (or re-fumigated) by including it as part of a regularly scheduled fumigation with the following additional charges:
<500 BF = Free 501-2500 BF = $350 >2,501 BF & Up = $.15/BF
Borate salt solution offers prevention, protection and control for most insect, fungi and mildew threats. We recommend Bora-Care.
TERMS AND CONDITIONS OF SALE
1. WARRANTIES: There is NO WARRANTY, REPRESENTATION OR CONDITION OF ANY KIND EXCEPT AS PROVIDED HEREIN AND NONE SHALL BE IMPLIED BY LAW. Except as otherwise provided herein, quality shall be in accordance with Seller’s specifications. NOTE: INSTALLATION OF ALL WOOD FLOORING PRODUCTS MUST BE INSTALLED IN ACCORDANCE WITH RECOMMENDATIONS FROM THE NATIONAL WOOD FLOORING ASSOCIATION.
2. SELLER’S LIABILITY: Seller shall not be liable for prospective profits or special, indirect or consequential damages, nor shall recovery of any kind against Seller be greater in amount than the purchase price of the specific material sold and causing the alleged damage. Buyer assumes all risk and liability for loss, damage or injury to persons or property of Buyer or others arising out of the use or possession of material sold hereunder.
3. TERMS/PRICES: Orders are considered by Seller to become active upon Seller’s receipt from Buyer of a 50% Deposit and signed paperwork to bind over material and/or labor quoted. Written quotations expire 30 calendar days from the date indicated. All prices are valid for 30 days from the date of quotation. Prices are subject to change without notice. Lead time estimated to process order listed on quotation begins upon receipt of 50% deposit AND receipt of signed quote. Balance of order is due upon completion by Seller and PRIOR to shipment. All payments shall be made in US Dollars. Unpaid balances after 30 Days will be charged interest at a rate of 0.8333% per month compounded on unpaid balances. All balances including interest, if applicable, are payable prior to shipment.
4. DEFECT/CLAIMS/NOTIFICATIONS: Any claim of deficiency or defect must be made within 10 days of receipt of materials and PRIOR TO ANY ALTERATION, INSTALLATION OR CHANGE FROM THE PRODUCTS ORIGINAL CONDITION (except for reasonable test and inspection quantities.) Buyer shall inform Seller in writing if the material is deemed defective or short in respect to quantity purchased. Our products are reclaimed, aged, natural wood products that exhibit some or all of the following which SHALL NOT BE CONSIDERED DEFECTS: variations in dimensions, color variation, grain variation, nail or bolt holes, insect tunnels and holes, mineral stain, seasoning checks (cracks), uneven surfaces, patches, variations in texture, saw or other tool marks, natural or manmade scars, tight or missing knots or joinery pockets. Defects such as delamination of engineered flooring, deficient moulder work or glue failures are warranted solely to the extent of replacement of any such defective material. GLUED OR LAMINATED PRODUCTS ARE NOT RECOMMENDED OR WARRANTED FOR EXTERIOR USE UNLESS STIPULATED OTHERWISE. The failure to so inform Seller or the use of the material (except for reasonable test and inspection quantities) shall constitute irrevocable acceptance of the materials by Buyer and shall be conclusive proof that Seller has satisfactorily performed all of its obligations to Buyer with respect to the materials covered hereby. Buyer shall afford Seller prompt and reasonable opportunity to inspect all material as to which any claim is made, including a representative sample of the claimed defect or deficiency. Seller’s invoice weights, volumes, sizes and tares established in good faith shall govern unless proved erroneous. Variations of one percent or less from invoice quantity of any shipment shall be disregarded.
5. STORAGE: VTW will notify Buyer when an order is completed and ready for delivery or pickup by Buyer. VTW will assist in arranging transportation for Buyer if requested and agrees to hold materials for up to 30 days from date of completion. VTW assumes no liability whatsoever for consequential damage to, including but not limited to, losses, degradation, infestations for materials stored at VTW facility beyond 30 days from completion. Without prior agreement, orders left with Seller beyond 90 days of completion may be deemed by Seller to be abandoned and result in Buyer’s loss of all payments and order.
6. END USE AND SUITABILITY: FINAL DETERMINATION OF THE SUITABILITY OF THE MATERIAL FOR THE USE CONTEMPLATED BY BUYER IS THE SOLE RESPONSIBILITY OF BUYER, AND SELLER SHALL IN NO WAY BE RESPONSIBLE FOR THE SUITABILITY OF THE MATERIAL IN ANY PARTICULAR END USE.
7. GRADING, FUMIGATION AND SUITABILITY: Seller will, at the Buyer’s request and expense, add fumigation, structural grade certification and/or testing for hazardous materials. Such items will be included in a quotation at Buyer’s request. Seller endeavors to provide antique and recycled material which reasonably presents themselves as free of known active infestation or known hazardous contaminant. At Buyer’s request and expense; •STRUCTURAL GRADE and integrity will be certified by, and is subject to the opinion of, an independent California Board Certified and Licensed lumber grader. A Structural Grade Certificate will be provided. •FUMIGATION can be performed at Seller’s site by a California licensed fumigation contractor prior to shipment to Buyer. •CONTAMINATION TESTING will be done at a certified laboratory.
8. DOMESTIC–TITLE: Title to the material sold hereunder shall pass from Seller to Buyer upon signed quotation or deposit prior to transportation from Seller’s facility.
9. TRANSPORTATION/DELIVERY/OFFLOADING/LIABILITY: Loading of materials for transportation/delivery at Seller’s facility constitutes delivery to buyer. Unless otherwise arranged, Buyer is responsible for transportation. Buyer may arrange for pickup & delivery and agrees to inform Seller promptly if so arranged. Seller will, at Buyer’s request, facilitate the arrangement for transportation. If Seller arranges transportation on Buyer’s behalf, Buyer agrees to make Seller aware of ANY and ALL RESTRICTIONS to full access to delivery address. If arranged so, Seller agrees to provide full details to Buyer as to delivery dates and places coordinated on behalf of Buyer. Buyer assumes all liability for and agrees to hold Seller harmless for loss damage, delay or failure to deliver the result of transportation by independent transportation services. BUYER IS RESPONSIBLE FOR OFFLOADING. Buyer is hereby advised the materials may be significantly heavy and require equipment to offload. All transportation of materials and required equipment and/or labor required to offload shall be the sole responsibility of the Buyer. Buyer assumes the responsibility to unload and release all transportation equipment or containers, if arranged by the Seller, promptly so no demurrage or other expense or loss resulting from delay shall be incurred and will comply with such instructions, if any, as Seller may give for return of such equipment. If Seller arranges transportation to Buyer, standby time of $75/hr. with a 1 hour minimum will be charged to buyer if unloading of material exceeds one (1) hour.
10. RETURNS AND RESTOCKING: Materials furnished by Seller to Buyer under these Terms & Conditions of Sale are non-returnable/non-refundable unless materials were purchased by Buyer in “As-Is” condition or “stock” items. In the event that Buyer requests to return any materials to Seller for credit, the request shall be made by Buyer within 10 days of delivery to Buyer and may be subject to transportation charges and a 25% restocking fee. Any “As-Is” material altered in any way from the condition it was delivered to Buyer shall be deemed non-returnable/non- refundable. Seller may, at it shall its sole discretion, make arrangements with Buyer otherwise.
11. MODIFICATIONS: The written quote and the Terms and Conditions hereof constitute the entire contract for the material. No modification, limitation, waiver or discharge of this contract or of any of its terms shall bind Seller unless in writing and signed by Seller’s authorized employee at its headquarters. No modification, limitation, waiver or discharge of this contract shall affect Buyer’s liabilities to Seller accrued prior thereto.
12. CANCELLATION/FAILURE TO PAY: This contract can be cancelled by the Buyer only with Seller’s consent and upon terms that will indemnify Seller against loss. If Buyer fails to make any payment required by this contract within thirty (30) days of the time it becomes due, Buyer agrees to loss of deposit and Seller, in addition to all other remedies afforded by law, may cancel this contract or sell all or any part of the undelivered goods without notice, at public or private sale, holding Buyer responsible for any deficiency or bill all or any part of the undelivered goods to Buyer.
13. PROPRIETARY RIGHTS: Buyer shall indemnify, defend and hold Seller harmless from, and release and not make claim or suit against Seller because of any suits, claims, losses, or other liability made against, or suffered by, Buyer arising from any claim of, or infringement of, patent copyright, trademark, or other property right, at common law, or claim of unfair trade or of unfair competition, resulting from, or occasioned by, Buyer’s use, possession, sale, or delivery of the material sold to Buyer by Seller.
14. FORCE MAJEURE: Seller shall not be liable for nonperformance or delay in performance due wholly or partly to any cause either not wholly or exclusively in its control of which it could not by reasonable diligence have avoided, including without limitation strikes, lockouts, fires, inability to obtain materials or shipping space, breakdowns, delays of carriers or suppliers and governmental acts and regulations. Upon the occurrence of any such contingency, Seller shall have the right to suspend or reduce deliveries under this contract during the period of such contingency, and the total quantity deliverable under this contract shall be reduced by the quantities so omitted. Labor controversies and adjustment thereof shall not be considered wholly or exclusively within Seller’s control.
15. TAXES: Any increases in, and all new taxes, excises or other government charges hereafter imposed on the production, sale or transportation of the material sold hereunder, which Seller may be required to pay, shall become part of the price payable by Buyer unless the Buyer can produce a valid tax-exempt certificate.
16. MISCELLANEOUS: All rights and remedies of Seller under this contract are in addition to Seller’s other rights and remedies and are cumulative, not alternative. If delivery is to be made in installments and if Buyer shall fail during any month (or any other shipment period specified herein) to require a delivery of the prorated maximum quantity, Seller may, at Seller’s option, cancel from this contract the difference between the amounts required by Buyer to be delivered and said prorated maximum quantity. If shortages should occur in Seller’s supply of specific items, Seller may prorate its deliveries, and portions of orders undelivered at any month’s end due to this cause may be cancelled. In the absence of proof to the contrary, it shall be presumed that the date hereof was the date of mailing hereof. The validity, performance, construction and effect of these Terms & Conditions of Sale shall be governed by the law of the State of California. Notwithstanding that one of its divisions is designated as Seller herein, Vintage Timberworks, Inc shall be deemed at law to be the Seller for all purposes.
17. RIGHTS & REMEDIES: Any claim or controversy arising among or between the parties hereto and any claim or controversy arising out of or respecting any matter contained in these Terms & Conditions of Sale or any difference as to the interpretation of any of the provisions of these Terms & Conditions of Sale shall be settled by arbitration in Riverside County, California by arbitration under the then prevailing rules of the American Arbitration Association. The prevailing party in any such arbitration shall be entitled to recover its reasonable attorney’s fees. In any arbitration involving these Terms & Conditions of Sale, the arbitrators shall not make any award which will alter, change, cancel or rescind any provision of the Agreement and their award shall be consistent with the provisions of these Terms & Conditions of Sale. Any such arbitration must be commenced no later than One (1) year from the date such claim or controversy arose. The award of the arbitrators shall be final, and binding and judgment may be entered in any court of competent jurisdiction. Service of process and notice of arbitration of any and all documents and papers may be made either by Certified or Registered mail, addressed to either party at the addresses listed in the Agreement.