Terms and Conditions

Boston Road Building Materials Terms & Conditions

Last Updated: June 2025

These Terms & Conditions (“Terms”) constitute a legally binding agreement between you (“Customer,” “you,” or “your”) and Boston Road Building Materials, LLC (“Boston Road Building Materials,” “we,” “us,” or “our”). By placing an order with Boston Road Building Materials, you agree to be bound by these Terms. If you do not agree with these Terms, please do not use our services or place orders.

1. Applicability; B2B Relationship

1.1. Business Customers Only. Boston Road Building Materials sells exclusively to business entities—general contractors, subcontractors, remodelers, specialty trades, or commercial/residential builders. We do not sell to residential addresses or individual consumers.
1.2. Separate Agreements. Any additional or conflicting terms proposed by Customer (e.g., purchase order terms, work orders, release forms, or other documents) are expressly rejected unless agreed to in writing by Boston Road Building Materials. No course of dealing or trade practice will modify these Terms.

2. Orders & Acceptance

2.1. Order Placement. All orders must be submitted in writing via email, fax, online portal, or by telephone to Boston Road Building Materials’s sales department.
2.2. Order Confirmation. We will confirm receipt of your order and issue an Order Confirmation that includes product descriptions, quantities, unit prices, estimated shipping/delivery method, and applicable terms. The Order Confirmation is not an acceptance until you receive such confirmation.
2.3. Modifications & Cancellations. Once an Order Confirmation is issued, modifications or cancellations require Boston Road Building Materials’s express written consent. Requests to modify or cancel must be submitted promptly; orders for in-stock items scheduled for same- or next-day local delivery may not be changed once processing has begun.
2.4. Minimum Order Requirements. To qualify for local delivery, each order must meet a $500 merchandise minimum; for commercial freight shipments, the minimum is $1,000. If the order falls below these thresholds, a $75 Small Order Fee applies.

3. Prices & Payment

3.1. Prices. All prices are stated in U.S. dollars. Published pricing is subject to change without notice; however, once an Order Confirmation is issued, prices on that Confirmation are locked in for 7 calendar days.
3.2. Taxes. Customer is responsible for all applicable sales, use, excise, privilege, value-added, or other taxes (“Taxes”), excluding Boston Road Building Materials’s income taxes. If Customer provides a valid resale or exemption certificate, we will not charge sales tax.
3.3. Payment Terms. Unless otherwise agreed in writing, payment is due net 30 days from invoice date for approved credit accounts. For new accounts or non-credit-qualified customers, prepayment or valid credit card information is required before order fulfillment.
3.4. Late Payments & Finance Charges. Unpaid balances past 30 days will incur a finance charge of 1.5% per month (18% annual percentage rate) on the outstanding balance. In addition, Boston Road Building Materials reserves the right to suspend delivery or cancel orders until all delinquent amounts are paid.
3.5. Disputes. Any invoice disputes must be submitted in writing within 10 days of the invoice date. Failure to timely notify Boston Road Building Materials constitutes acceptance of the invoice.

4. Shipping, Delivery & Title

4.1. Shipping Methods.

  • Local Delivery (Tri-State Area). In-stock orders meeting the $500 minimum are eligible for same-day (for orders placed before 2 PM ET) or next-day delivery to commercial addresses in New York, New Jersey, and Connecticut. A $50 flat Local Delivery Fee applies per shipment.
  • Commercial Freight Shipping (Outside Local Area). Orders that exceed local truck capacity or deliver beyond Tri-State are shipped via freight. Costs are determined by shipment weight, dimensions, and destination. Boston Road Building Materials will include an estimated freight charge in the Order Confirmation. Certain items may be drop-shipped directly from brand partners; you will receive separate lead times and tracking for those items.
    4.2. Delivery Appointments & Access. Customer must provide a commercial addressing that permits large-truck access. If lift-gate, pallet jack, or other specialized equipment is required, Customer must request these services at order entry. Delivery appointments are during standard business hours (Monday–Friday, 8 AM–5 PM ET) unless otherwise arranged.
    4.3. Risk of Loss; Title Transfer. Title and risk of loss or damage to products transfer to Customer upon delivery—i.e., when goods are unloaded at Customer’s designated delivery location (for local delivery) or when goods are tendered to the freight carrier (for freight shipments).
    4.4. Delivery Delays & Exceptions. Boston Road Building Materials will make reasonable efforts to meet estimated delivery dates, but these are not guaranteed. We are not liable for delays due to force-majeure events (e.g., acts of God, labor disputes, government regulations, or carrier delays), nor for delays caused by Customer’s failure to provide accurate shipping information or site access. Customer is responsible for redelivery or storage charges if an order cannot be delivered due to access issues or incorrect address information.

5. Inspection, Returns & Cancellations

5.1. Inspection. Customer must inspect all deliveries immediately. For freight shipments, inspect goods before signing the carrier’s Bill of Lading. If damage is discovered, Customer must note “subject to inspection” on the BOL and notify Boston Road Building Materials within 24 hours.
5.2. Non-Returnable & Special-Order Items. Custom-fabricated products, items cut or configured to Customer’s specifications, hazardous materials, temperature-sensitive goods (e.g., certain adhesives or coatings), and items that have been opened or partially used are non-returnable.
5.3. Standard Returns. All return requests must be pre-approved in writing by Boston Road Building Materials (via a Return Merchandise Authorization, “RMA”). To request an RMA, contact info@buildingmaterial786.com within 7 calendar days of delivery. Approved returns require shipment of goods in original packaging within 14 days of RMA issuance.
5.4. Restocking Fees & Return Shipping. If a return is due to Boston Road Building Materials’s error (incorrect item shipped, missing parts), we will cover return shipping costs and issue a full credit or replacement. If Customer returns items for any other reason (e.g., changed mind, overordered), Customer is responsible for all return freight charges plus a 15% restocking fee.
5.5. Cancellations. Cancellation of processed orders (i.e., orders already in pick-pack or out for delivery) may incur cancellation fees up to 25% of the product cost, in addition to any shipping charges already incurred.

6. Warranties & Disclaimers

6.1. Product Warranties. Boston Road Building Materials passes through any manufacturer’s warranties to Customer, to the extent such warranties are assignable. All warranty claims must be handled per the manufacturer’s instructions; Boston Road Building Materials will assist with coordination where feasible.
6.2. No Additional Warranties. EXCEPT AS EXPRESSLY PROVIDED BY THE MANUFACTURER, BOSTON ROAD BUILDING MATERIALS MAKES NO WARRANTIES—EXPRESS OR IMPLIED—including WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
6.3. Customer’s Sole Remedy. Customer’s exclusive remedy for breach of any warranty is limited to replacement of defective products or refund of the purchase price of the defective products, at Boston Road Building Materials’s election. Under no circumstances will Boston Road Building Materials be liable for incidental, consequential, or punitive damages, whether arising in contract, tort (including negligence), or otherwise.

7. Limitation of Liability

7.1. Cap on Liability. EXCEPT FOR (A) GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, OR (B) DAMAGES ARISING FROM VIOLATION OF CUSTOMER’S PERSONAL DATA PRIVACY RIGHTS, BOSTON ROAD BULDING MATERIALS’S AGGREGATE LIABILITY UNDER OR RELATED TO THESE TERMS WILL NOT EXCEED THE AMOUNT PAID BY CUSTOMER FOR THE SPECIFIC PRODUCTS GIVING RISE TO LIABILITY IN THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY.
7.2. Excluded Damages. IN NO EVENT WILL BOSTON ROAD BUILDING MATERIALS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR OTHER SPECIAL DAMAGES, INCLUDING LOST PROFITS OR LOSS OF BUSINESS OPPORTUNITY, ARISING FROM OR RELATING TO THESE TERMS OR ANY PRODUCTS.

8. Indemnification

Customer agrees to defend, indemnify, and hold harmless Boston Road Building Materials and its affiliates, officers, directors, agents, and employees from and against any and all claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:

  • Customer’s breach of these Terms or any applicable law or regulation;
  • Customer’s negligence, willful misconduct, or misuse of products;
  • Any claim that Customer’s use of products infringes on a third party’s intellectual property rights.

9. Intellectual Property; Marketing Materials

9.1. Boston Road Building Materials Trademarks. All trademarks, service marks, logos, and trade names (“Marks”) displayed on our website or printed materials are the property of Boston Road Building Materials or their respective owners. Customer may not use our Marks without prior written permission.
9.2. Customer Data & Feedback. Customer retains ownership of all data, drawings, specifications, and other materials provided to Boston Road Building Materials. Boston Road Building Materials may use anonymized, aggregate data for internal or marketing purposes, but will not disclose Customer’s confidential or proprietary information without consent.

10. Confidentiality

10.1. Confidential Information. “Confidential Information” means any non-public information disclosed by one party (“Discloser”) to the other (“Recipient”) in connection with these Terms, whether in written, oral, electronic, or other form. Confidential Information includes product pricing, customer lists, shipping methods, and any business strategies disclosed by either party.
10.2. Protection Obligations. Recipient agrees to use at least the same degree of care to protect Discloser’s Confidential Information as Recipient uses to protect its own confidential information (but in no event less than reasonable care), and not to use or disclose Confidential Information except as necessary to perform under these Terms or with the Discloser’s prior written consent.
10.3. Exclusions. Confidential Information does not include information that: (a) is or becomes publicly known through no wrongful act of Recipient; (b) is already known to Recipient prior to disclosure; (c) is lawfully obtained from a third party without breach of any obligation of confidentiality; or (d) is independently developed by Recipient without use of Discloser’s Confidential Information.

11. Compliance with Laws

Customer represents and warrants that it is properly licensed, bonded, and insured to perform its business operations, and agrees to comply with all applicable federal, state, and local laws, regulations, and industry standards in the handling, installation, and use of any products purchased from Boston Road Building Materials (including, without limitation, OSHA, EPA, or DOT rules).

12. Force Majeure

Neither party shall be liable for any failure or delay in performance under these Terms due to causes beyond its reasonable control, including pandemics, natural disasters, acts of God, government restrictions, strikes or labor disputes, utility outages, or transportation disruptions. The affected party must promptly notify the other in writing of any force-majeure event.

13. Governing Law, Venue & Dispute Resolution

13.1. Governing Law. These Terms and any disputes arising hereunder shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict-of-law principles.
13.2. Exclusive Venue. Any legal action or proceeding arising out of or relating to these Terms must be brought exclusively in the federal or state courts located in New York County, New York. Customer and Boston Road Building Materials hereby submit to the personal jurisdiction of such courts.
13.3. Arbitration (Optional). If both parties agree in writing after a dispute has arisen, any unresolved claim may be submitted to binding arbitration under the Commercial Rules of the American Arbitration Association, with seat in New York, New York, and judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

14. Severability & Waiver

14.1. Severability. If any provision of these Terms is held invalid or unenforceable by a court of competent jurisdiction, such provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in full force and effect.
14.2. Waiver. No waiver of any right under these Terms will be effective unless in a writing signed by the party granting the waiver. A party’s failure to enforce any provision of these Terms does not constitute a waiver of future enforcement of that or any other provision.

15. Amendments

Boston Road Building Materials may revise these Terms at any time by posting an updated version on our website. Any changes will become effective 30 days after posting. Your continued use of our services or placing of orders after the effective date of revised Terms constitutes your acceptance of such changes.

16. Notices & Contact Information

All notices under these Terms must be in writing and delivered by email, certified mail (return receipt requested), or overnight courier to the appropriate party at the addresses indicated below (or as updated by notice to the other party):

  • Boston Road Building Materials
    Attn: Legal Department
    2941 Boston Road
    Bronx, New York 10469
    Email: info@buildingmaterial786.com
  • Customer
    As indicated on the Order Confirmation or in writing to Boston Road Building Materials.

By placing an order with Boston Road Building Materials, you acknowledge that you have read, understood, and agree to these Terms & Conditions in their entirety.