Section 001-381-5 - GENERAL REQUIREMENTS IN THE SALE OF WOODA.Wood Quality Specifications1.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 specificationIn 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 transactionThe 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; and4. 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 383.01-001 C.M.R. ch. 381, § 5