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POLICIES - TERMS AND CONDITIONS OF SALE |
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IT
IS THE RESPONSIBILITY OF THE INSTALLER AND HOMEOWNER TO DETERMINE
IF JOB SITE CONDITIONS ARE ENVIRONMENTALLY ACCEPTABLE FOR
THE INSTALLATION OF HARDWOOD FLOORING.
The seller hereby sells and the buyer hereby purchases the
above goods subject to the terms and conditions set forth.
All materials are guaranteed as specified. Any alteration
or deviation from the specifications involving extra material
costs will be executed only upon order from the Buyer and
will become an extra charge over the below agreed amount.
No other statement, arrangement, or understanding, expressed
or implied will be recognized.
Payment Terms: 50% deposit down to order / 50% due
at shipping.
Delivery Terms: Delivered in 2-7 business days. Redelivery
minimum charge - $75/return trip.
Unloading Terms: Unloading is the sole responsibility of
the Buyer. $100/hr. charge will be incurred after 45 minutes.
Return Policy: Unopened boxes are accepted within 30
days with a 25% restocking fee.
Warranty: All products carry a limited manufacturers
warranty. Consult sales rep. for details.
Claims: Any claims must be made within 30 days of receiving
except descript in Warranty document.
Custom Orders: All custom milled orders may vary by up
to 5%+, called “overrun”. Buyer is responsible to
pay for additional overrun material. We do not accept returns
on custom orders.
1. Title and ownership of goods and property hereby sold shall
remain vested in Seller, not withstanding delivery, possession
or installation, until the entire price is paid in full to
Seller. Before installation buyer must inspect the material,
we will not be responsible for visible defects after installation.
Samples might vary from actual product.
2. This contract contains the complete agreement between the
parties hereto. Heirs, personal representatives and successors
of the parties shall be bound hereby.
3. Terms of the payment are set forth above. Buyer and Seller
agree that a charge of 1 1/2% per month (18% per year) shall
be added after due date as liquidated damages in order to
reimburse Seller for administrative and other costs associated
with delinquent accounts.
4. Seller shall not be responsible for delays or failures
in delivery by reason of strikes or other causes beyond the
Seller’s control. Delivery dates are approximate, subject
to normal variations and unforeseen delays. In no event shall
the Seller be liable for any damages to Buyer arising out
of any delay or lateness in shipment. After acceptance, Seller
shall not be responsible for shortage claims or for buckling,
cupping, or shrinkage.
5. If Buyer breaches this contract, Buyer shall pay the Seller
liquidated damages in lieu of compensation in the amount of
10% of contract, or $250 whichever is greater, plus the cost
of all materials rendered unusable. Buyer shall pay additional
restocking fee of 25% for those goods authorized as returnable.
Unopened packages are returnable. Custom orders are not returnable.
Any other direct costs actually incurred by Seller prior to
cancellation shall be borne by Buyer. Refunds can be made
in the form of credit toward other purchases. Buyer shall
be responsible for all freight and labor charges incurred
due to cancellation.
6. Wood, flooring, being a natural product, will continue
to expand and contract with the changing seasons. Some minor
separation between boards may occur over the years. Customer
understands that all wood flooring and other wood products
are natural with individually distinctive color and grain
variations. Nature has produced these variations. These variations
can be exaggerated in larger samples, when stain and finish
are applied, in different lighting, and from batch to batch.
Buyer must allow for these variations. We will not accept
returns of this nature.
7. By accepting these terms and conditions of sale Buyer agrees
to release Seller and to defend, hold harmless, indemnify,
and waive all rights of subrogation from any and all liability
arising from live insects or damage resulting from insects
from the flooring/lumber purchased from Seller after 90 days
from date of delivery. If the flooring/lumber has been moved
to a different location other than the original delivery site,
Seller will bear no responsibility for the condition of the
flooring/lumber. This includes but is not limited to all active
and passive liability, with the exception of the sole or willful
negligence of Seller, for any damage resulting from any infestation
of the insect commonly known as the Powder Post Beetle and
any other insect species. Seller and its employees cannot
be liable for the contamination of multi-cyclical insects
where it’s virtually impossible to determine where the
wood was infected. Seller shall not have any responsibility
to a third party after product has been installed.
8. In the event of legal actions to enforce any of the obligations
of Buyer under this agreement, Seller shall be entitled to
court costs and reasonable attorney fees. Hardwood flooring
sold by Seller cannot be guaranteed against cupping, buckling,
warping or shrinkage to moisture content in the air or ground,
direct sun, or excessive heat. New wood installations are
recommended to have an acclimation period of approximately
2-3 weeks and should maintain a constant room temperature
of not less than 65 degrees Fahrenheit. Excessive slab or
sub-floor moisture will void any manufacturer’s warranty
and any warranties by seller. If a dispute arises Buyer agrees
to have an independent state certified floor evaluator assess
the floor. Competitors and general contractors are not acceptable.
Cost of evaluation will be divided 50/50 between Buyer and
Seller.
9. Bounced checks are subject to a $50.00 fee plus any other
cost incurred.
10. The laws of the State referred to in the Seller’s
address will govern the validity, construction, and interpretation
of the rights and duties hereto applicable to contracts made
among residents of, executed in, and to be performed in said
state. |
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