Claim inspection services are available to all parties involved in the purchase or sale of Southern Pine. The inspection is performed solely by SPIB staff who inspect all lumber under complaint and then issues a Claim Inspection Report setting forth the grade and tally of the lumber. The report provides the basis for settlement of disputes between buyer and seller. For further information see the "Inspection and Shipping Provisions" listed below.
In terms of sale or otherwise, the buyer and seller may agree on any basis desired for the settlement of any complaint as to grade, size, or tally. In absence of special agreement, the purchase, sale, or shipment of lumber designated by grades described in these rules must be construed as involving agreement to abide by all applicable provisions of the rules, including submission to inspection by the Southern Pine Inspection Bureau of any lumber under complaint as to size, grade, or tally.
Grade complaints may be made on lumber only when it is in the form in which it was shipped. Any change in manufacture or working, or through kiln drying, fabrication, or use, relieves the seller of responsibility of recognizing any grade complaint.
In case of complaint on grade, size, working, or tally of any item or shipment, Bureau inspection service is available upon request and at a reasonable charge. This service is available also for nonstandard lumber if appropriate specifications are provided.
Reinspection procedures apply only to "items" each consisting of a quantity of lumber of a given size and grade, or if length is specified, of a given size, length, and grade.
In case of complaint involving tally, the entire shipment shall be held intact for retally, but when the complaint relates to grade, size, or working and does not involve tally, the buyer is required to accept the portion of shipment which is of proper grade, size, or working, as case may be, holding intact the portion thereof which is in dispute for Bureau inspection.
Acceptance and use by the buyer of a portion of shipment shall not be construed as acceptance of the entire shipment.
Buyer shall pay in accordance with the terms of sale for the portion accepted or for any portion not held intact for inspection, but acceptance of a part of a shipment does not prejudice just claim on any unused lumber alleged by the buyer to be below grade or not of the size or working ordered.
Complainant buyer shall hold disputed lumber intact, properly protected, for not exceeding 15 days after date of request for inspection and shall file complaint with seller within 10 days from receipt of shipment.
Because of the unusual conditions that apply to lumber that is shipped in wrapped or strapped packages, the time limit for filing a complaint on the grade, size, or working of such lumber does not have to be restricted to 10 days in all cases.
Complaints on lumber shipped in wrapped or strapped packages shall be recognized if filed later than 10 days but not later than 90 days after receipt of shipment provided.
The lumber is grade-marked or marked in some other acceptable manner for establishing its identity in a positive way.
There is no evidence of handling abuse or inadequate protection.
The seller's responsibility for below grade lumber shall apply only to the portion which patently did not conform to the grade requirements at the time of shipment as shown in the Quality Supervisor's report.
Shipments must conform to purchase specifications in respects other than grade, size, working, and tally, but any complaint requiring adjustment in invoice must be filed with seller within 10 days from receipt of shipment, and seller shall have right to verify accuracy of any such complaint, including right to Bureau inspection if desired.
Upon receipt of complaint from the buyer, the seller either shall adjust complaint on a satisfactory basis with the buyer or shall immediately request Southern Pine Inspection Bureau to provide inspection or tally service, as case may be, and if the seller desires to have lumber inspected, the buyer shall lend all reasonable assistance to facilitate the inspection or tally.
If the seller fails to make satisfactory adjustment or to request inspection within 10 days after receipt of complaint, or within 72 hours if the complaint is on moisture content, the buyer shall have the privilege of requesting the inspection, and settlement shall be according to paragraph 177.
The buyer shall have the privilege of requesting inspection in any case in which the buyer is willing to bear the expense of such inspection.
For purposes of determining compliance with purchase specifications and of effecting settlement of invoices between buyers and sellers, each item of a shipment shall be considered as of the grade invoiced if upon Bureau inspection 95% thereof or more is found to be of said grade or better.
When the degrades are in excess of 5% of the item, or when more than one grade lower than grade invoiced, such degrades shall be the property of the seller.
The expense of such inspection shall be borne by the seller if any item is over 5% below grade, and by the buyer if 5% or less, but the applicant for inspection shall be responsible to Bureau for the cost thereof.
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