Terms and Conditions
TERMS AND CONDITIONS GOVERNING THE SALE OF MERCHANDISE, REPAIRS OF EQUIPMENT.
Please read the following terms and conditions carefully. They are intended to govern all of the terms and conditions relating to the sale of the merchandise as well as repairs of equipment shown on the reverse side of this agreement.
1. NO EXPRESS OR IMPLIED WARRANTIES
The Seller makes no express representations or warranties concerning the materials sold and delivered to the purchaser, and disclaims any implied warranties to the extent allowed by law, except as set forth on the below Warranty.
2. WHAT TO DO IF GOODS DELIVERED DO NOT CONFORM TO DESCRIPTION ON INVOICE
If the reverse side of this invoice does not properly identify and describe the merchandise you intended to purchase, or if the materials delivered do not conform to the description on this invoice, you are required to notify us within 48 hours of delivery. The notification must be sent by certified mail and must set forth the specific defect or discrepancy in quantity or weight claimed. No claim of defect may be made regarding installed material.
3. OMISSION TO NOTIFY
In the event of any failure or omission on your part to notify us as set forth above, this agreement will be conclusive between us that the reverse side of this invoice properly identifies the materials purchased by you, and sold and delivered to your or for your account, and that the materials actually delivered by us to you conform to the description and quantities set forth thereon and are free of defects.
4. LIMITATIONS OF DAMAGE
In the event of any claimed breach of implied warranty of merchantable quality, or of any express warranties which may be made on the reverse side of this invoice, our sole responsibility and obligation shall be to replace the material without additional cost to you, as the purchaser thereof, or to any person to whom you may have redelivered the material. It is an express term and condition of this sale that no claim shall be made against us, as vendors, for any consequential damage resulting from any alleged breach of the implied warranty of merchantable quality or of any express warranty made by us.
5. RETURN OF MATERIALS
A charge of 15% will be made for all materials returned. All returns must be in merchantable condition in the same packing and/or wrapper condition as when delivery thereof was made by us to you, or for your account. No Returns after 14 days of Purchase. No returns on Custom, Special Orders, Liquidation, Clearance Items, Adhesive and Finish items.
6. CUSTOM ORDERS
Custom orders (those item’s starting with the prefix “custom” or “laser” or special orders) must be accompanied by a non-refundable 50% deposit. The deposit will be forfeit and the goods disposed of unless customer makes full payment and takes delivery of the order within 30 days of being notified that same is ready for delivery.
7. COSTS OF COLLECTION
In the event of any non-payment, customer agrees to pay all of PC Wood Floors’ (PCWF’s) costs of collection, including attorneys’ fees, costs and disbursements to the extent allowed by law. Merchandise remains the property of PCWF until paid for.
Standard delivery will be to curbside only. Customer may request delivery to a point other than curbside, and PCWF may, in its own discretion, agree to some other, hereinafter called “interior delivery”. In the event that the parties agree to interior delivery, customer’s authorized representative must read and agree to the following terms:
Customer will be responsible for any damage to the materials being delivered and/or to any other persons, property or premises arising from interior delivery. Customer hereby waives any claim for damages and agrees to indemnify, defend, save and hold PCWF harmless from and against any and all claims, liability, damages and any and all injury, loss, or suit of every kind and nature arising out of or based upon or in any way connected with interior delivery. Indemnification shall include PCWF’s reasonable attorneys’ fees, costs and disbursements, should it choose to obtain its own counsel.
WARRANTY: For All Wood Flooring
PCWF does not provide any warranty, express or implied (to the extent permitted by law) other than any manufacturer’s warranty.
At PCWF’s option, prior to refund or replacement, customer may be required to supply test results from a certified flooring inspector documenting any claimed defect. PCWF will reimburse reasonable testing expenses if goods are found defective. Note: – Standard industry trade practices allow up to 5% of the flooring shipped to contain milling handling, finish and/or grade defects. (When ordering flooring, it is standard trade practice to order 7-15% depending on the grade, more flooring than actual coverage needed to allow for cross cutting and fitting waste as well as allowing the installer to set aside any substandard pieces. No claims may be made without proof of testing required by NWFA guidelines.
Note: As per the National Wood Flooring Association (NWFA) you must maintain a relative humidity range of 40% – 60% and a temperature range of 60 ◦ — 80 ◦ Fahrenheit for solid hardwoods or engineered flooring otherwise all manufacturer’s warranty will be void. It is the installer’s responsibility to check the wood flooring’s moisture content first and deem it acceptable for the site as is or to equalize it prior to installation. PCWF is not responsible if moisture is picked up after the flooring leaves PCWF possession. The installer must also inspect the flooring as it is installed and set aside or crosscut out defects found prior to installation. Once the flooring has been installed, the installer has deemed the flooring acceptable PCWF assumes no further responsibility for defects visible at the time of installation, but installed anyway or moisture that causes subsequent movement, which has been installed anyway.
Seller does not provide installation. It is the sole responsibility of Customer to obtain a duly licensed installer of Customer’s own selection and to enter into a separate agreement with that installer. PCWF does not recommend or refer any installer, and shall not be responsible for any act or omission of any installer. Installation by any installer that is not duly licensed shall void any warranty under this agreement.
If Customer is a contractor or subcontractor or any person other than the owner of the premises where the flooring is to be installed, Customer warrants and represents that it is duly licensed to install the flooring, and that such installation shall be done in accordance with the standards of the National Wood Flooring Association. Customer shall indemnify PCWF and hold PCWF harmless for all damages incurred as the result of any breach of this representation, including but not limited to damages, costs and reasonable attorney’s fees.
TERMS AND CONDITIONS GOVERNING REPAIRS OF EQUIPMENT
PCWF will honor all manufacture warrantees. PCWF will repair or replace items that prove to be defective in materials or workmanship during the warrantee period. Labor, transportation and service charges not included. In no event will PCWF be liable for incidental or consequential damages or for any delay in warrantee performance due to causes beyond its control, PCWF is not responsible for equipment not picked up within 30 days.