Pro Wood Floor Supply, INC.
FULL TERMS AND CONDITIONS
IMPORTANT NOTICE TO BUYER/CUSTOMER:
You, the Buyer/customer, understand and acknowledge that PWFS does not manufacture or design the materials it sells. As such, PWFS assumes no liability for materials sold, and makes no representations or warranties, express or implied, with respect to the materials, or for the accuracy of any information provided by the manufacturer. All implied warranties of merchantability or fitness for a particular purpose are hereby disclaimed and excluded from the terms of sale. Buyer's sole and exclusive remedy shall be the repair or replacement of defective goods by the manufacturer in accordance with the manufacturer's customary warranty, or the credit of the purchase price to the buyer's account, up to the maximum amount of the original purchase price. Alteration of the original part, failure to follow instructions from the manufacturer, or failure to follow generally good accepted installation or fabricating practices will void any manufacturer's warranty and no credit will be issued. Material may be returned to PWFS only within the guidelines stated under the Return Goods Policy. Notwithstanding the foregoing, the Buyer shall be solely liable for all labor, shipping, handling or other costs incurred in connection with returned or replacement materials. Buyer waives all claims against PWFS relating to defective materials. We provide package service through UPS mainly. We offer these services to provide our customers with timely, dependable and economical delivery of goods. PWFS reserves the right to select the most efficient shipping means possible.
RETURN GOODS POLICY: Material may be returned (within 15 calendar days of receipt of the shipment) to PWFS. If a shipment has been damaged, is incomplete or inaccurate at time of delivery, please contact our Customer Service Department within 15 calendar days of receipt of the shipment. Please keep all damaged material and related packaging until you are advised of further action to be taken. A restocking fee of 20% will be assessed on all returns (with exception to PWFS' errors and manufacturer defects). Returns of inventoried items must be received in their original, saleable condition. Please be prepared to provide our Customer Service Department with the order or invoice number and the reason for the return. Buyer is responsible for all loss, handling, transportation and other related costs. Buyer is also responsible for wrongfully rejected product. Items altered or ordered to customer specifications (special order) may not be returned, except for reason of manufacturer defect. Lead-time and non-stock items may not be returned or cancelled.
NATURAL PRODUCTS/ SAMPLES/EFFECTS OF INSTALLATION:
Any product consisting of or containing any natural material sold by Seller is subject to variations inherent in a natural product. Such product will expand and contract seasonally and with all changes in temperature and moisture. Real wood possesses unique characteristics and graduations of color, graining and other features that are hallmarks of nature’s own materials. No such graduations, variations or characteristics shall constitute a defect under the limited warranty, or otherwise. All specimens submitted by Seller as samples are intended only as an identification of general and surface characteristics, and the general layout, color and finish. The cross section and backing material of such samples do not indicate the product to be sold by Seller, but are for display purposes only. Any claims for justifiable defects discovered prior to installation are forever waived as soon as the product actually installed.
DO NOT INSTALL SUCH DEFECTIVE PRODUCTS.
PRICE LISTS/QUOTATIONS:
All prices/price lists are subject to change without notice. PWFS assumes no liability as to the timeliness or accuracy of price changes. Quotations, unless otherwise stated in writing, are good for 7 days. Quotations are made for specific quantities at a specific time. Alteration of time or quantity may change the price.
GENERAL SHIPPING INFORMATION: PWFS assumes no liability for the time of delivery, nor do we deliver material to any place other than that address specified on the order and deemed safe and acceptable to PWFS. Reasonable access to the property in an enclosed, safe and secure environment must be provided. Flexibility on estimated delivery time must be allowed, as PWFS cannot guaranty a fixed delivery time. When goods are delivered to a third-party or location where PWFS Customer is not present to receive and/or inspect such goods, Customer exclusively assumes all responsibility for any shortage, damage or other loss, and Customer shall promptly and fully pay for those goods as invoiced. Direct shipments are subject to the terms and conditions of the manufacturer. Next-day air, second-day air and other special shipping arrangements
(beyond standard delivery) will be charged to the customer, regardless of order or account size. Shipping charges are subject to sales tax and any amounts shall be added to the invoice for payment and are subject to change without notice.
INDEMNIFICATION:
In no event, regardless of cause and regardless whether any other remedy provided herein fails, shall PWFS be liable for any indirect, special, incidental or consequential damages, including without limitation, damage to other property of buyer or buyer’s customer, cost of capital or labor, cost of substitute material, loss of profits or opportunity, or claims by third parties for such damages. The maximum liability of PWFS shall be limited to the purchase price.
VENUE:
All amounts due for purchases from Seller, Pro Wood Floor Supply,Inc, are payable at 20 NW 3rd Ave, Deerfield Beach, FL 33441. The law of the State of Florida shall govern this sales transaction between the parties. No suit or action shall be commenced more than one year from the date of delivery of the subject product. Buyer and all related parties irrevocably submit to the personal jurisdiction of the Court of Broward County, Florida and the service of process by certified mail, return receipt requested and regular mail to the above address or the last address identified by the Seller, effective two days after mailing.
DAMAGED GOODS & ORDER DISCREPANCY POLICY:
If a shipment has been damaged, is incomplete or inaccurate at time of delivery, please contact our Customer Service Department within 15 calendar days of receipt of the shipment. Please keep all damaged material and related packaging until you are advised of further action to be taken.
These policies contain the terms and conditions of the sale of our products. By placing an order with us, you agree that these policies contain the final, complete and exclusive statement of the terms of agreement regarding the purchase of products from or through Pro Wood Floor Supply, Inc., notwithstanding any terms or conditions contained in any prior or subsequent purchase order you use to place an order with PWFS. Changes to this agreement are effective only in writing and signed or initialed by both Buyer and Seller. Upon notice to buyer, seller respecting future transactions may change these terms of sale. Clerical and mathematical errors are subject to correction.