Terms of service

Effective Date: June 10, 2026

These Terms of Service and Sale, referred to as the “Terms,” are entered into between you and J.M. & P Display Fixture Co., Inc., doing business as JMP Wood, referred to as “JMP Wood,” “we,” “us,” or “our.”

These Terms govern your access to and use of JMP Wood’s website, online store, accounts, content, products, services, quotes, orders, and related communications, collectively referred to as the “Services.”

Please read these Terms carefully. By accessing or using the Services, creating an account, submitting an order, approving a quote or custom order, or clicking a button indicating that you agree to these Terms, you agree to be bound by these Terms and the policies incorporated into them.

If you do not agree to these Terms, you may not use the Services or place an order.

1. Incorporated Policies

The following policies are incorporated into and form part of these Terms:

  1. JMP Wood’s Return, Refund and Cancellation Policy.

  2. JMP Wood’s Privacy Policy.

  3. Any shipping, promotion, warranty, custom-order, or product-specific terms displayed on the applicable product page, quote, order confirmation, invoice, or checkout page.

  4. Any written specifications, drawings, approvals, or other terms applicable to a custom or special-order product.

If a written quote, order confirmation, or custom-order approval issued by JMP Wood contains terms that conflict with these Terms, the more specific written terms will control solely with respect to that order.

2. Eligibility and Authority

You must be at least the age of majority in your jurisdiction to place an order or create an account.

By using the Services or placing an order, you represent that:

  1. You have the legal capacity to enter into these Terms.

  2. The information you provide is accurate and complete.

  3. You are authorized to use the payment method provided.

  4. If you are acting for a company, contractor, designer, architect, property owner, or other entity, you have authority to bind that person or entity to these Terms.

You may not use the Services for any unlawful, fraudulent, or unauthorized purpose.

3. Customer Accounts

You may be required to create an account to use certain portions of the Services.

You are responsible for:

  1. Maintaining the confidentiality of your account credentials.

  2. All activity conducted through your account.

  3. Providing accurate and current account, billing, shipping, and contact information.

  4. Promptly notifying JMP Wood of suspected unauthorized account activity.

JMP Wood may suspend or terminate an account if it reasonably believes that the account has been used fraudulently, unlawfully, without authorization, or in violation of these Terms.

4. Website Content and Intellectual Property

The Services and all content made available through them, including product designs, photographs, renderings, drawings, illustrations, videos, text, graphics, logos, trademarks, catalogs, specifications, installation guides, software, and website design, are owned by or licensed to JMP Wood and are protected by applicable intellectual-property laws.

JMP Wood grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Services for personal or internal business purchasing purposes.

You may not, without JMP Wood’s prior written permission:

  1. Copy, reproduce, modify, distribute, publish, display, transmit, sell, license, or commercially exploit any part of the Services.

  2. Use JMP Wood’s product images, designs, specifications, drawings, or content to manufacture, market, or sell competing products.

  3. Remove or alter any copyright, trademark, or proprietary notice.

  4. Scrape, crawl, data-mine, or use automated means to collect content or information from the Services.

  5. Use JMP Wood’s name, trademarks, or content in a manner likely to cause confusion regarding sponsorship, affiliation, or endorsement.

No ownership rights are transferred to you by your use of the Services or purchase of a product.

5. Product Information, Images and Availability

JMP Wood makes reasonable efforts to provide accurate product descriptions, dimensions, specifications, pricing, availability, photographs, and renderings. However, information displayed through the Services may contain typographical errors, inaccuracies, omissions, or outdated information.

Product photographs and computer renderings are provided for general reference. Actual products may differ from photographs, renderings, samples, display products, and screen images because of natural material variation, manufacturing methods, lighting, photography, device settings, and product updates.

Product availability is not guaranteed. JMP Wood may modify, substitute, limit, discontinue, or refuse to sell a product at any time, subject to any rights that cannot be limited under applicable law.

Unless JMP Wood expressly agrees otherwise in writing, product descriptions, drawings, samples, and images are not guarantees that every product will be identical in appearance, color, grain, texture, dimension, or finish.

6. Natural Wood and Material Characteristics

Wood and other natural materials vary in color, grain, density, texture, mineral streaking, knots, checking, moisture content, movement, and surface appearance. These characteristics are inherent in natural materials and are not defects unless JMP Wood determines that the product materially fails to conform to the applicable written product specifications.

Wood products may expand, contract, warp, check, split, or otherwise change in response to humidity, moisture, temperature, storage, finishing, installation, and environmental conditions.

Unless expressly stated otherwise:

  1. JMP Wood’s wood products are unfinished, sanded, and ready to be painted or stained.

  2. Products displayed on the website are intended for interior use.

  3. Any outdoor or exterior application must be specifically approved by JMP Wood in writing for the applicable order.

  4. Samples, renderings, photographs, and prior purchases do not guarantee an identical color, grain, texture, or appearance.

JMP Wood is not responsible for changes or damage caused by improper storage, moisture, temperature, humidity, jobsite conditions, outdoor exposure, installation, finishing, staining, painting, sealing, maintenance, misuse, or use inconsistent with the product’s intended purpose.

7. Measurements, Specifications and Manufacturing Tolerances

Customers are responsible for confirming all measurements, quantities, dimensions, profiles, species, finishes, plows, fittings, compatibility requirements, and other product selections before placing an order.

Unless JMP Wood expressly agrees otherwise in writing:

  1. Dimensions and measurements may be subject to reasonable manufacturing tolerances.

  2. Nominal dimensions may differ from actual dimensions.

  3. Wood dimensions and conditions may change after manufacture because of environmental conditions.

  4. The customer is responsible for determining whether products will fit, coordinate, and function with the customer’s project and other materials.

  5. JMP Wood is not responsible for errors in customer-provided measurements, specifications, drawings, quantities, selections, or project information.

The customer must verify all dimensions and product conditions before cutting, finishing, installation, or other alteration.

8. Building Codes, Design and Installation

Building codes, safety requirements, accessibility standards, structural requirements, and installation requirements vary by jurisdiction and project.

The customer is solely responsible for:

  1. Determining whether a product is suitable for the intended project and use.

  2. Confirming compliance with applicable building codes, laws, regulations, permits, safety requirements, and professional standards.

  3. Obtaining any required architectural, engineering, contractor, or other professional advice.

  4. Selecting a qualified installer.

  5. Ensuring proper installation, fastening, finishing, maintenance, and use.

JMP Wood does not provide architectural, engineering, structural, code-compliance, or installation services unless expressly agreed in a separate written agreement.

Product information, installation guides, customer-service communications, and other materials provided by JMP Wood are general informational resources and are not a substitute for project-specific professional advice.

JMP Wood is not responsible for installation, removal, reinstallation, repair, contractor charges, labor charges, project delays, code violations, inspection failures, permit issues, or other project-related costs.

9. Custom, Replicated, Personalized and Made-to-Order Products

Custom, replicated, personalized, special-order, and made-to-order products are manufactured or obtained specifically for the customer.

The customer is responsible for carefully reviewing and approving all applicable drawings, specifications, measurements, profiles, materials, quantities, samples, proofs, and order details.

Once JMP Wood begins purchasing materials, programming, engineering, designing, setting up, cutting, machining, manufacturing, finishing, packing, or otherwise processing a custom or made-to-order product:

  1. The order may not be canceled or changed without JMP Wood’s written approval.

  2. Deposits and payments may become non-refundable.

  3. Additional charges may apply to any approved change.

  4. The completion or delivery schedule may be extended.

  5. The product will be final sale, except where required by applicable law or expressly agreed by JMP Wood in writing.

Customer approval of a drawing, proof, specification, sample, or order detail constitutes authorization for JMP Wood to proceed in accordance with the approved information.

Reasonable differences resulting from manufacturing methods, natural material variation, available tooling, or industry-standard tolerances do not constitute nonconformity.

10. Customer-Supplied Designs and Materials

If you provide JMP Wood with a design, drawing, photograph, sample, model, specification, logo, text, or other material, you represent and warrant that:

  1. You own the material or have permission to use and provide it.

  2. JMP Wood’s use of the material to perform the order will not violate another person’s intellectual-property, privacy, publicity, contractual, or other rights.

  3. The material and instructions are accurate and suitable for the intended purpose.

You grant JMP Wood a non-exclusive license to use, reproduce, modify, and adapt the material as reasonably necessary to quote, design, manufacture, fulfill, document, and service the order.

You are responsible for claims arising from materials or instructions supplied by you, subject to Section 25.

11. Prices, Quotes, Taxes and Payment

Prices are shown in the currency identified at checkout and may change without notice before an order is accepted.

Unless stated otherwise, prices do not include:

  1. Sales, use, excise, customs, import, value-added, or similar taxes.

  2. Shipping, freight, delivery, storage, handling, or insurance charges.

  3. Installation, finishing, permitting, professional, or contractor costs.

  4. Duties, brokerage fees, or international charges.

You are responsible for all applicable taxes and charges, except taxes imposed on JMP Wood’s net income.

Quotes are estimates unless expressly identified as fixed and remain valid only for the period stated in the quote. If no period is stated, a quote expires 30 days after issuance.

By providing a payment method, you authorize JMP Wood and its payment processors to charge all amounts associated with your order, including approved changes, shipping adjustments, taxes, fees, and other amounts disclosed before the applicable charge.

JMP Wood may require full payment, a deposit, additional verification, or an alternative payment method before accepting or fulfilling an order.

12. Third-Party Financing and Payment Services

JMP Wood may permit customers to use payment processors, financing providers, installment-payment providers, digital wallets, or other third-party payment services.

Those services are provided by third parties under their own terms and privacy policies. JMP Wood is not a lender and does not control a third-party provider’s approval decisions, fees, interest, payment schedules, account administration, or collection practices.

A refund or cancellation by JMP Wood may require additional processing by the third-party provider and does not modify the customer’s obligations to that provider until the provider applies the refund or adjustment.

Questions concerning a third-party financing or payment account should be directed to the applicable provider.

13. Order Submission and Acceptance

Submitting an order, receiving an automated confirmation, or authorizing payment does not constitute JMP Wood’s final acceptance of the order.

An order is accepted when JMP Wood:

  1. Sends an express order-acceptance or shipment confirmation;

  2. Begins manufacturing or processing a custom or made-to-order item; or

  3. Otherwise confirms acceptance in writing.

JMP Wood may refuse, limit, place on hold, or cancel an order for reasons including:

  1. Product unavailability.

  2. Pricing, description, or inventory errors.

  3. Suspected fraud or unauthorized payment.

  4. Shipping or geographic limitations.

  5. Quantity limitations.

  6. Customer payment or account issues.

  7. Legal or regulatory restrictions.

  8. An inability to manufacture or fulfill the order as requested.

  9. Orders that appear to be placed by an unauthorized reseller or distributor.

If JMP Wood cancels an order after receiving payment, JMP Wood will refund the amount paid for the canceled portion, subject to any lawful deduction applicable to work already authorized and performed on a custom or made-to-order item.

14. Errors, Inaccuracies and Pricing Mistakes

JMP Wood may correct errors, inaccuracies, or omissions relating to product descriptions, specifications, pricing, promotions, shipping charges, availability, and other information.

If a product is listed at an incorrect price or with materially incorrect information, JMP Wood may cancel or decline the order, including after an automated order confirmation or payment authorization.

If JMP Wood identifies an error after payment, JMP Wood may offer the customer the opportunity to proceed at the corrected price or terms. If the customer does not agree, JMP Wood may cancel the affected portion and refund the amount paid for that portion.

JMP Wood is not required to honor a price or term that is clearly erroneous.

15. Lead Times and Delays

Manufacturing, processing, pickup, shipping, transit, and delivery dates are estimates unless JMP Wood expressly guarantees a date in a signed writing.

Lead times may vary because of:

  1. Product complexity.

  2. Material availability.

  3. Order volume.

  4. Custom requirements.

  5. Customer approvals or changes.

  6. Carrier schedules.

  7. Freight requirements.

  8. Events outside JMP Wood’s reasonable control.

Orders containing multiple products may be held until all products are ready. Partial shipment may be available upon request and may require additional charges.

Expedited processing or shipping does not eliminate manufacturing, preparation, or packing time unless JMP Wood expressly agrees otherwise in writing.

JMP Wood is not responsible for project delays, labor costs, missed appointments, penalties, lost profits, or other costs arising from estimated lead times or delayed shipment or delivery.

16. Shipping, Freight, Delivery and Pickup

Shipping and delivery charges are calculated or quoted based on the information available when the order is placed. JMP Wood may contact the customer regarding additional charges if the order requires freight, oversized shipping, special handling, redelivery, storage, address correction, or other services.

The customer is responsible for:

  1. Providing a complete and accurate shipping address.

  2. Ensuring that the delivery location is accessible and suitable.

  3. Being available to receive, inspect, and sign for freight deliveries when required.

  4. Paying redelivery, storage, address-correction, reconsignment, liftgate, limited-access, or similar carrier charges resulting from customer circumstances.

  5. Inspecting products promptly upon delivery or pickup.

Delivery to the address provided by the customer, or pickup by the customer or the customer’s representative, constitutes delivery.

Risk of loss and title pass as provided by applicable law and the applicable shipping arrangement. Nothing in these Terms limits JMP Wood’s obligations concerning damaged, defective, incorrect, or missing items under the Return, Refund and Cancellation Policy.

Carrier delays, tracking estimates, and delivery dates are outside JMP Wood’s direct control.

17. International Orders

International orders may be subject to customs duties, import taxes, brokerage charges, inspections, restrictions, documentation requirements, and delays.

The customer is the importer of record unless JMP Wood agrees otherwise in writing and is responsible for:

  1. Compliance with import and export laws.

  2. Duties, taxes, brokerage fees, and governmental charges.

  3. Obtaining permits or approvals.

  4. Determining whether products may lawfully and safely be imported and used in the destination country.

  5. International return and replacement shipping costs, except where JMP Wood expressly agrees otherwise.

JMP Wood may refuse or cancel an international order if shipment or performance would be impracticable, unlawful, restricted, or commercially unreasonable.

18. Returns, Refunds, Cancellations and Order Changes

All returns, refunds, cancellations, replacements, exchanges, and order changes are governed by JMP Wood’s Return, Refund and Cancellation Policy, which is incorporated into these Terms.

The customer must inspect all items promptly and before installation, cutting, drilling, sanding, staining, painting, sealing, finishing, use, or other alteration.

Installed, used, altered, or modified products may be considered accepted and may be ineligible for return, refund, exchange, credit, or replacement, except where required by applicable law or expressly approved by JMP Wood in writing.

The Return, Refund and Cancellation Policy controls if these Terms and that policy address the same return, refund, cancellation, or replacement issue inconsistently.

19. Third-Party Products and Manufacturer Warranties

JMP Wood may sell products manufactured by third parties.

Third-party products may be subject to warranties, instructions, specifications, restrictions, and safety information provided by the manufacturer. Any manufacturer warranty is provided solely by the manufacturer unless JMP Wood expressly states otherwise in writing.

JMP Wood does not adopt, expand, or independently guarantee a third-party manufacturer’s warranty.

Customers are responsible for reviewing and following all manufacturer instructions, warnings, limitations, compatibility requirements, and safety information.

20. Disclaimer of Warranties

Except for any express written warranty separately provided by JMP Wood or an applicable manufacturer, and to the fullest extent permitted by law, the Services and products are provided “as is” and “as available.”

To the fullest extent permitted by law, JMP Wood disclaims all implied warranties, including the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

JMP Wood does not warrant that:

  1. The website or Services will be uninterrupted, secure, error-free, or continuously available.

  2. Product photographs, renderings, samples, or displays will exactly match the delivered product.

  3. A product will be suitable for a particular project, building code, design, installation, or use unless JMP Wood expressly agrees in writing.

  4. Lead times, carrier schedules, or estimated delivery dates will be met.

  5. Products will meet subjective preferences concerning natural color, grain, texture, or appearance.

If JMP Wood provides a written consumer warranty for a product, that written warranty controls. Any implied warranty that cannot lawfully be disclaimed will be limited to the shortest duration permitted by applicable law, which may be the duration of the applicable express written warranty.

Nothing in these Terms excludes or limits a warranty or right that cannot lawfully be excluded or limited.

21. Exclusive Remedies

If JMP Wood determines that a product is damaged, defective, incorrect, missing, or materially nonconforming, JMP Wood may, at its option and subject to applicable law:

  1. Repair the product.

  2. Replace the product or affected component.

  3. Provide replacement parts.

  4. Reperform the applicable service.

  5. Issue store credit.

  6. Refund the original purchase price actually paid for the affected product.

These remedies are the customer’s exclusive remedies unless applicable law requires another remedy.

JMP Wood may require return of the original product before providing a refund, credit, repair, or replacement.

No remedy includes installation, removal, reinstallation, contractor charges, labor charges, project-delay costs, lost profits, or other incidental or consequential amounts, except where applicable law requires otherwise.

22. Limitation of Liability

To the fullest extent permitted by law, JMP Wood and its owners, officers, directors, employees, affiliates, agents, contractors, suppliers, licensors, and service providers will not be liable for any indirect, incidental, special, exemplary, punitive, or consequential damages, including:

  1. Lost profits or revenue.

  2. Lost business or opportunity.

  3. Loss of use.

  4. Project delays.

  5. Installation, removal, or reinstallation costs.

  6. Contractor or labor charges.

  7. Replacement sourcing costs.

  8. Loss of data.

  9. Damage arising from improper storage, installation, finishing, maintenance, modification, or use.

To the fullest extent permitted by law, JMP Wood’s total liability arising from or relating to a product, order, transaction, or use of the Services will not exceed the original purchase price actually paid to JMP Wood for the specific product or service giving rise to the claim.

These limitations apply regardless of the legal theory asserted and even if JMP Wood was advised that damages were possible.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited.

23. User Reviews, Photographs and Other Submissions

If you submit a review, photograph, video, testimonial, comment, suggestion, idea, design, or other content, referred to as “User Content,” you represent that:

  1. You own or have permission to submit the User Content.

  2. The User Content is accurate and not misleading.

  3. The User Content does not infringe or violate another person’s rights.

  4. The User Content is not unlawful, defamatory, obscene, threatening, fraudulent, or harmful.

  5. The User Content does not contain malware or malicious code.

You grant JMP Wood a worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable license to use, reproduce, modify, publish, display, distribute, translate, create derivative works from, and otherwise use the User Content in any media for operational, promotional, advertising, and commercial purposes.

JMP Wood may monitor, edit, reject, or remove User Content but has no obligation to do so.

24. Prohibited Uses

You may not use the Services:

  1. For an unlawful or fraudulent purpose.

  2. To violate another person’s intellectual-property, privacy, publicity, or other rights.

  3. To submit false, deceptive, or misleading information.

  4. To impersonate another person or misrepresent your authority.

  5. To transmit malware, viruses, or harmful code.

  6. To interfere with the operation or security of the Services.

  7. To gain unauthorized access to an account, system, network, or data.

  8. To scrape, crawl, copy, harvest, or collect information through automated means without written authorization.

  9. To send spam or other unauthorized communications.

  10. To resell or commercially exploit the Services or JMP Wood content without written permission.

  11. To circumvent purchase limits, security measures, pricing rules, or account restrictions.

JMP Wood may suspend or terminate access for prohibited conduct.

25. Indemnification

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless JMP Wood and its owners, officers, directors, employees, affiliates, agents, contractors, suppliers, licensors, and service providers from third-party claims, liabilities, damages, judgments, losses, costs, and reasonable attorneys’ fees arising from:

  1. Your breach of these Terms.

  2. Your unlawful or unauthorized use of the Services.

  3. Materials, designs, specifications, instructions, or content supplied by you.

  4. Your infringement or violation of another person’s rights.

  5. Your improper installation, modification, finishing, maintenance, or use of a product.

  6. Your violation of applicable law.

This section does not require a consumer to indemnify JMP Wood for JMP Wood’s own conduct to the extent such indemnification is prohibited by applicable law.

26. Force Majeure

JMP Wood will not be liable for delay, interruption, shortage, nonperformance, or increased cost caused by circumstances beyond its reasonable control, including:

  1. Natural disasters, fire, flood, severe weather, or public-health emergencies.

  2. War, terrorism, civil unrest, or governmental action.

  3. Labor shortages, strikes, or work stoppages.

  4. Material shortages or supplier failures.

  5. Utility, internet, telecommunications, or system failures.

  6. Carrier delays or transportation disruptions.

  7. Import, export, customs, or regulatory restrictions.

  8. Equipment failure despite reasonable maintenance.

  9. Other events that JMP Wood could not reasonably prevent or avoid.

JMP Wood may extend performance dates, allocate available inventory, substitute reasonably comparable materials with customer approval where appropriate, suspend performance, or cancel the affected portion of an order.

27. Privacy and Electronic Communications

JMP Wood’s collection and use of personal information are governed by its Privacy Policy.

By using the Services, creating an account, or placing an order, you consent to receive transactional electronic communications relating to your account, orders, payments, shipping, returns, and customer-service matters.

You are responsible for maintaining a valid email address and reviewing communications sent to the contact information you provide.

Consent to receive marketing communications is governed separately and is not a condition of purchase where prohibited by law.

28. Third-Party Tools, Services and Links

The Services may contain links to or integrations with third-party websites, tools, applications, payment providers, carriers, social-media platforms, or other services.

JMP Wood does not control and is not responsible for third-party services, content, availability, security, terms, privacy practices, products, or conduct.

Your use of a third-party service is governed by the third party’s terms and policies and is at your own risk.

A link or integration does not constitute JMP Wood’s endorsement of the third party.

29. Suspension and Termination

JMP Wood may suspend or terminate your access to the Services, cancel an account, or refuse future orders if JMP Wood reasonably believes that you:

  1. Violated these Terms.

  2. Engaged in fraud, abuse, harassment, or unlawful activity.

  3. Misused a return, promotion, payment, or account process.

  4. Created security, legal, reputational, or operational risk.

  5. Failed to pay amounts owed.

Termination does not affect rights, obligations, liabilities, payment obligations, or remedies arising before termination.

Sections that by their nature should survive termination will survive, including intellectual-property, payment, warranty, remedy, limitation-of-liability, indemnification, and dispute-resolution provisions.

30. Informal Dispute Resolution

Before filing a lawsuit or commencing arbitration, the complaining party must send written notice describing:

  1. The party’s name and contact information.

  2. The applicable order or transaction.

  3. The factual and legal basis of the dispute.

  4. The specific relief requested.

Notice to JMP Wood must be sent to:

JMP Wood
1100 Milik St
Carteret, NJ 07008
Email: team@jmpwood.com

The parties will attempt in good faith to resolve the dispute for at least 30 days after receipt of notice.

This informal process does not prevent either party from seeking temporary emergency relief where necessary to prevent immediate and irreparable harm.

31. Binding Individual Arbitration and Waiver of Court and Jury Trial

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

Except for disputes eligible for small-claims court and claims seeking temporary or preliminary injunctive relief concerning intellectual-property rights or unauthorized access to the Services, any dispute, claim, or controversy arising from or relating to these Terms, the Services, a product, an order, or the relationship between you and JMP Wood will be resolved by final and binding individual arbitration.

BY AGREEING TO THESE TERMS, YOU AND JMP WOOD EACH UNDERSTAND AND AGREE THAT YOU ARE WAIVING THE RIGHT TO FILE OR HAVE THE DISPUTE DECIDED IN A COURT OF LAW BY A JUDGE OR JURY. AN ARBITRATOR, AND NOT A JUDGE OR JURY, WILL DECIDE THE DISPUTE.

The arbitration will be administered by the American Arbitration Association under its applicable Consumer Arbitration Rules or Commercial Arbitration Rules, depending on the nature of the transaction.

The Federal Arbitration Act will govern the interpretation and enforcement of this arbitration provision.

Unless the parties agree otherwise:

  1. The arbitration may be conducted by telephone, video conference, written submissions, or in person.

  2. Any in-person arbitration will take place in Middlesex County, New Jersey, unless applicable rules or law require a different location.

  3. The arbitrator may award any individual remedy available under applicable law.

  4. The arbitrator must apply these Terms and applicable law.

  5. Judgment on the award may be entered in any court having jurisdiction.

Either party may bring an eligible individual claim in small-claims court instead of arbitration.

32. Class-Action and Representative-Action Waiver

YOU AND JMP WOOD AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY.

To the fullest extent permitted by law:

  1. No claim may be arbitrated or litigated as a class action, collective action, consolidated action, mass action, private-attorney-general action, or representative action.

  2. No arbitrator may combine claims of more than one person without the written consent of all parties.

  3. No arbitrator may preside over any form of representative or class proceeding.

  4. Relief may be awarded only to the individual party seeking relief and only to the extent necessary to resolve that party’s individual claim.

If applicable law prohibits enforcement of this waiver for a particular claim or requested remedy, that claim or remedy will proceed in a court of competent jurisdiction after completion of arbitration of all arbitrable claims, unless applicable law requires otherwise.

33. Governing Law and Court Venue

These Terms and all disputes arising from or relating to them, the Services, products, orders, or the relationship between you and JMP Wood are governed by the laws of the State of New Jersey, without regard to conflict-of-law principles, except to the extent federal law applies.

For any dispute that is not subject to arbitration, the parties consent to exclusive jurisdiction and venue in the state courts located in Middlesex County, New Jersey, or the United States District Court for the District of New Jersey.

To the fullest extent permitted by law, each party waives any objection based on personal jurisdiction, venue, or inconvenient forum.

Mandatory consumer protections of another jurisdiction will apply only to the extent they cannot lawfully be waived by contract.

34. Additional Terms for Commercial and Trade Customers

This section applies when products or Services are purchased primarily for business, trade, professional, resale, construction, contracting, architectural, design, or other commercial purposes.

The commercial customer represents that it is not purchasing primarily for personal, family, or household use.

Unless JMP Wood agrees otherwise in writing:

  1. Payment is due in accordance with JMP Wood’s invoice or order terms.

  2. The customer may not withhold, offset, deduct, or recoup amounts due based on a disputed claim.

  3. Overdue amounts may accrue interest at 1.5% per month or the maximum lawful rate, whichever is lower.

  4. The customer is responsible for reasonable collection costs and attorneys’ fees incurred to collect overdue amounts.

  5. Any purchase-order terms submitted by the customer are rejected and will not modify these Terms.

  6. Acceptance or fulfillment of a purchase order does not constitute acceptance of additional or different terms.

  7. The customer must inspect products promptly and provide notice of any claimed nonconformity within the period required by the Return, Refund and Cancellation Policy.

  8. Consumer statutes and consumer-specific protections do not apply to the extent the transaction is not legally a consumer transaction.

35. Changes to These Terms

JMP Wood may update these Terms from time to time.

Changes will apply prospectively from the effective date shown in the updated Terms. The Terms in effect when an order is accepted will generally govern that order, unless applicable law requires otherwise or the parties agree in writing.

Continued use of the Services after updated Terms become effective constitutes acceptance of the updated Terms for future use of the Services.

Material changes to dispute-resolution provisions will not apply retroactively to a dispute of which JMP Wood had actual written notice before the change became effective, unless the parties agree otherwise.

36. Assignment

You may not assign or transfer these Terms or any order without JMP Wood’s prior written consent.

JMP Wood may assign or transfer these Terms, an order, or its rights and obligations in connection with a merger, acquisition, reorganization, sale of assets, financing transaction, or transfer to an affiliate or successor.

37. Severability

If a provision of these Terms is held unlawful, invalid, or unenforceable, it will be enforced to the maximum extent permitted by law and modified or severed only to the extent necessary.

The remaining provisions will remain in full force and effect.

The arbitration and class-action-waiver sections are subject to their specific severability provisions.

38. No Waiver

JMP Wood’s failure or delay in enforcing a provision does not waive that provision or any other right.

A waiver is effective only if stated in a writing signed by an authorized JMP Wood representative.

39. Entire Agreement and Order of Precedence

These Terms, the incorporated policies, and any applicable written quote, order confirmation, custom-order approval, invoice, or written agreement constitute the entire agreement concerning the applicable transaction.

They supersede prior or contemporaneous oral and written communications concerning the same subject.

No oral statement by an employee, salesperson, customer-service representative, contractor, or other person modifies these Terms or creates a warranty unless confirmed in a writing signed or expressly authorized by JMP Wood.

In the event of a conflict, the following order of precedence applies:

  1. A separate written agreement signed by JMP Wood.

  2. A written custom-order approval or accepted quote issued by JMP Wood.

  3. The applicable order confirmation.

  4. The applicable product-specific terms.

  5. The Return, Refund and Cancellation Policy for return, refund, cancellation, and replacement matters.

  6. These Terms.

  7. General website or promotional content.

40. Contact Information

Questions concerning these Terms may be sent to:

JMP Wood
1100 Milik St
Carteret, NJ 07008
Telephone: 718-303-7777
Email: team@jmpwood.com