Commercial Terms of Sale & Freight Policy

Effective Date: November 2026 • Houston Material Staging Yard • BM Surplus (bmsurplus.com)

1. Wholesale Trade & Commercial Accounts Only

BM Surplus operates strictly as a commercial building materials liquidator and wholesale procurement partner. Sales are restricted to commercial general contractors, licensed trade subcontractors, production homebuilders, stone fabricators, real estate developers, and corporate entities. We do not sell retail to general residential consumers.

Sales Tax & Texas Resale Exemption

All catalog prices and invoices are quoted at wholesale rates and exclude sales tax. Under Texas Comptroller regulations, sales tax exemption requires a completed, signed Texas Sales and Use Tax Resale Certificate (Form 01-339) on file prior to invoicing. Without an active certificate on file, applicable Texas and local sales tax (8.25%) is mandatory and collected at time of settlement.

2. Payment Terms & Strict Cardholder Protocol

To eliminate billing disputes and maintain low wholesale contractor pricing, BM Surplus enforces strict commercial settlement rules:

Federal Bank Wire (Fedwire): Preferred and mandatory for all orders exceeding $5,000.00 USD. Orders are cleared for immediate forklift pull and dispatch upon verified bank settlement.
Cashier's Check / Certified Bank Funds: Accepted upon direct branch verification with the issuing bank prior to loading.
Cash / Verified Zelle: Accepted at yard desk for will-call pickups up to $5,000.00 USD.

        Credit Card Threshold ($5,000 Maximum): Credit cards (Visa, MasterCard, Amex, Discover) are accepted for invoices up to $5,000.00 USD only, subject to a mandatory 3.5% commercial processing surcharge.
      

Mandatory 3-Piece Credit Card Verification Packet

Prior to pulling material or releasing goods against any card transaction, Buyer must submit:

A signed Credit Card Payment Authorization Form including invoice number, dollar amount, and dispute waiver.
A legible color copy of cardholder's government-issued photo ID (Driver's License or Passport) matching cardholder name and billing address.
Legible photos of the front and back of the physical card showing cardholder name, last 4 digits, and signature panel.

Orders exceeding $5,000.00 must be paid via Federal Wire Transfer.

3. F.O.B. Houston Warehouse (Freight On Board Origin)

All materials sold by BM Surplus are delivered F.O.B. Houston Warehouse (Origin). Title, ownership, and all risk of transit loss, road damage, vibration cracking, strapping pressure, chipping, or weather exposure transfer completely and irrevocably to Buyer the moment material is loaded onto Buyer's vehicle, trailer, A-frame, or third-party freight carrier.

Buyer-Arranged Freight Responsibility: When Buyer dispatches their own vehicle or contracts a third-party carrier (flatbed, hotshot, freight broker), Buyer assumes 100% legal and financial responsibility for carrier equipment (A-frame suitability, dunnage, rubber padding, strap tensioning), axle weight distribution, and transit driving conditions. BM Surplus warehouse personnel load vehicles solely at Buyer's direction and bear zero liability once goods are placed on the truck bed.

4. Pre-Departure Inspection & Physical Dock Release Ticket

Prior to vehicle departure from the Houston yard, Buyer or Buyer's designated driver must visually inspect all slabs, crates, bundles, and pallets.

Physical Condition Sign-Off: Carrier or driver must sign the physical BM Surplus Dock Release & Inspection Ticket certifying: "All materials listed on this ticket have been visually inspected and are intact, sound, free of cracks, chips, or defects, and loaded in prime condition. Buyer accepts load F.O.B. Yard as-is and final."
Time-Stamped Photo Record: Warehouse personnel photograph the intact, secured material on Buyer's truck with license plate visible before the gate opens. This photographic record serves as conclusive legal proof of pre-transit condition.

5. Cancellation, Restocking & Chargeback Waiver Policy

Cancelled Orders Prior to Departure (25% Restocking Fee)

Staging commercial quartz slabs (127" x 64"), heavy tile pallets, and crated goods requires specialized heavy forklift operations, rigging, and dedicated staging yard space. If Buyer cancels an order after payment and staging, but before the truck departs our gate, Buyer will be refunded minus a mandatory 25% Restocking & Handling Fee.

Post-Departure: 0% Returns (All Sales Strictly Final)

Once material has departed the BM Surplus yard gate, no returns, refunds, exchanges, or store credits are permitted under any circumstances. BM Surplus cannot verify in-transit road stress, strap over-tightening, jobsite mishandling, or improper unloading once goods leave our custody.

Dispute & Chargeback Waiver: By purchasing from BM Surplus and submitting payment via credit card, Buyer explicitly waives all rights to file chargebacks, payment reversals, or retrieval requests with their issuing bank based on transit breakage, carrier handling, natural veining/color variances, or jobsite delays. Submitting a chargeback in violation of these terms constitutes a material contract breach; Buyer shall be liable for all collection costs, a $250 administrative defense fee, and attorney costs.

6. Yard Staging, Will-Call & Demurrage

Paid orders are held complimentary in our Houston yard for up to 7 business days from payment date. Material remaining uncollected after 14 calendar days without prior written agreement is subject to a storage demurrage fee of $25.00 per pallet/slab per week.

Yard Will-Call Hours: Monday through Friday, 7:30 AM to 4:30 PM. Flatbed trucks arriving for slab loading must check in at least one hour before yard closing.