A.
Wood Quality Specifications
1.
Requirements for wood quality
specifications. In a sale transaction, written wood quality
specifications are required. The wood quality specifications shall:
(a) Describe the wood which the buyer will
purchase, including acceptable species, acceptable dimensions, and quality or
grading standards. Any scaling defect or other merchantability factor for which
a deduction may be taken shall be included in the wood quality
specifications.
(b) Describe how
culled wood will be marked.
2.
Sales contract terms control.
In the sale of wood, all wood that conforms to wood quality specifications
which are included in a sales contract shall be measured by the terms of the
sales contract and in accordance with the requirements of Chapter382.
Deductions from gross scale measurements are prohibited except for scaling
defects or other merchantability factors where designated in the wood quality
specifications.
3.
Buyer's
wood quality specifications. In the absence of a sales contract, the
measurement of wood tendered for sale shall be based on the buyer's wood
quality specifications, provided the buyer furnishes the seller with the wood
quality specifications in advance of either measuring or taking possession of
the wood, whichever occurs first. To "furnish" the wood quality specifications
includes handing a copy of them to the seller or his delivery agent at the time
of his arrival at the delivery location, but does not include instructing the
seller or delivery agent that the wood quality specifications are available or
posted in some location.
4.
Absence of buyer's wood quality specification
In the absence of wood quality specifications contained in a
sales contract or furnished in advance by the buyer as required in paragraph
(3), or when the wood quality specifications do not include scaling or other
merchantability defects for which deductions will be made, all wood shall be
measured in full using the measurement procedures for gross scale for the
measurement system utilized, as provided in Chapter 382, section 6, and no
deductions from gross scale shall be taken.
5.
Request by State Sealer. Upon
request, the buyer or seller shall provide the State Sealer with a copy of the
wood quality specifications.
B.
Handling of culled wood in a sales
transaction
The parties may provide for the handling of culled wood in
the sales contract or the wood quality specifications. In the absence of terms
in the wood quality specifications providing for how the parties will deal with
culled wood:
1. The buyer shall notify
the seller that he is holding culled wood (for example, notification may be a
notation on the measurement tally sheet of the number of culled
pieces).
2. The buyer shall hold the
culled wood for 10 days after giving the notice,
3. The seller may deal with the culled wood
by taking it back or by reaching another agreement with the buyer with respect
to it; and
4. If, after the
expiration of 10 days, the seller has not dealt with the culled wood, the buyer
may deal with it in any manner without measuring it for purposes of
payment.
C.
Measurement tally sheet requirements. In the sale of wood,
measurement tally sheets shall be provided in accordance with Chapter
383.
