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Terms and Conditions

Please read this document carefully. It contains important information about your rights and obligations.

 

By accessing this web site user acknowledges acceptance of terms and conditions.

 

Historic Flooring respects your privacy online. When you choose to give personal information to Historic Flooring over the internet, we will not sell, rent or give it away.

 

For your protection we will never put your credit card information in an unencrypted email.

 

Although Historic Flooring has attempted to provide accurate information on the web site, Historic Flooring assumes no responsibility for the accuracy of the information. All information on this web site is provided “as is” with all faults without warranty of any kind, either expressed or implied.

 

Terms and Conditions (Sales)

Please be advised the quotation you accept is directly transformed into the order and cut-list that is used to manufacture the order. Please carefully examine the information specified on the quotation prior to its acceptance. Once a quotation is accepted and submitted to an order/cut-list the products manufactured/delivered will be in accordance with the information provided on the quotation/order/cut-list.

 

All quotations and sales of Historic Flooring products (“Products”), both Products furnished by Historic Flooring from inventory without alteration or modification by Historic Flooring (“Basic Products”), and Products cut, milled or altered by Historic Flooring to accommodate Buyers order (“Custom Products”), are subject to the following terms and conditions:

 

1. Quotations and Orders

(a) Orders of Historic Flooring’s products (“Products”) based on Historic Flooring’s quotation are subject to acceptance by Buyer’s purchase order upon the terms hereof, and if any terms or conditions set forth in Buyer’s purchase order are at variance with the terms and conditions set forth herein, the terms and conditions set forth herein shall control. Buyer’s purchase order must be accompanied by a non-refundable deposit equal to 50% of Historic Flooring’s quotation (“Buyer’s Deposit”). Prices quoted are subject to change without notice or withdrawal at any time prior to Historic Flooring’s receipt of Buyer’s purchase order and Buyer’s Deposit.

 

(b) All quotations are F.O.B. Historic Flooring’s warehouse, Johnson City, TN unless otherwise specified.

 

(c) Orders cancelled by Buyer prior to shipment will result in Buyer’s forfeiture of Buyer’s Deposit.

 

2. Sales

(a) All sales are F.O.B. Historic Flooring’s warehouse in Johnson City, TN, unless otherwise specified. Delivery of Products to Buyer or to the carrier shall constitute transfer of title, ownership and possession to and of the Products at such point of delivery, and the Products shall thereafter be at the Buyer’s risk. Buyer shall pay all shipping charges and any additional charges for special packaging requested by Buyer.

 

(b) All Sales are made subject to Buyer’s payment of all applicable State, County, City and Federal use sales and excise taxes.

 

3. Payment Terms

Terms for payment are Buyer’s non-refundable 50% Deposit with submission of Buyer’s purchase order and the balance prior to the shipping date. Any account unpaid by the shipment date is subject to a service charge of 1- 1/2 percent per month on the unpaid balance, and shipment will be delayed until full payment is received. Any account not paid within sixty (60) days of the initial shipment date will result in a cancellation of Buyer’s order and forfeiture of Buyer’s Deposit.

 

4. Shipping

All shipping dates are approximate only and are subject to confirmation by Historic Flooring at time of acceptance of order. Shipping is also subject to unavoidable delays caused by material shortages, strikes, accidents or other causes beyond Historic Flooring’s control. Customer is responsible for carefully inspecting their shipment upon arrival, and documenting any visible damages on the bill of lading before signing for it. Historic Flooring will not be held responsible for damage to any product after it leaves our warehouse.

 

5. Returns

Except as hereinafter provided, for a period of 30 days after shipping date, Buyer may return any unused Basic Products. If those Basic Products are returned no later than 7 days after the Products were delivered to Buyer, Historic Flooring will replace the same with other Products or refund 50% of the purchase price of such Basic Products (the remaining 50% representing a non-refundable deposit), whichever Buyer shall elect. After such 7-day period, Historic Flooring will only replace the Basic Products returned. If the price of replacement Products exceeds the price of the Basic Products returned, such excess price must be paid prior to reshipment date. The cost of return and reshipment shall be paid by the Buyer. No Basic Products may be returned after 30 days from the shipping date. No return may be made of any Basic Product that has been installed, cut or altered by Buyer in any way. Custom Products cannot be returned.

 

6. Warranties

(a) All Products are sold “AS IS” and Historic Flooring’s sale warranties are solely that it is the owner of the Products sold Buyer and that the Products are delivered free from any security interest or other lien or encumbrance whatsoever. Products sold with old paint or stain may have lead-based paint hazards.

 

(b) THE WARRANTY PRINTED ABOVE IS THE ONLY WARRANTY MADE BY HISTORIC FLOORING

 

AS TO ITS PRODUCTS, AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED.

 

7. Limitation of Liability

It is understood and agreed that any liability of Historic Flooring, whether in contract, in tort, under any warranty, in negligence or otherwise, shall not exceed the return of the amount of the purchase paid by Buyer and under no circumstances shall Historic Flooring be liable for special, direct, indirect or consequential damages. Buyer acknowledges and agrees that the price quoted for Historic Flooring’s Products is consideration in the limitation of Historic Flooring’s liability. No action arising from the purchase of Historic Flooring’s Products may be brought by Buyer more than one year after the shipment date of such Products.

 

Since many of the buildings that the lumber comes from were built prior to 1978, it is likely that at one time the boards could have had lead based paint on them. It is the customer’s responsibility to educate themselves about lead based paint hazards. For more information on this go to http://www.epa.gov/lead/

 

8. Waiver

Historic Flooring’s waiver of any of the terms and conditions of this Agreement shall not be construed as a waiver of any other term or condition.

 

9. Entire Agreement

These terms and conditions constitute the entire agreement between Historic Flooring and Buyer and such terms and conditions shall not be modified or amended except by a writing executed after the date hereof. These terms and conditions shall supersede any provisions, terms and conditions contained in any purchase order or other writing Historic Flooring may receive from Buyer, and the rights of the parties shall be governed exclusively by the terms and conditions hereof.

 

10. Designation of Law and Forum

In any action brought hereunder, the parties waive their right to a trial before a jury. The parties agree that the laws of the State of Tennessee shall control in any dispute, and that such legal actions arising out of or related to the purchase and sale of Historic Flooring’s Products shall be brought in Washington County, TN.

 

PLEASE NOTE: At the time you receive your order, you MUST check for damages and/or missing items, and note that accordingly on the bill of lading. It’s a good idea to have a copy of your invoice with you, so you can verify you received all of the items ordered. If you do not check the materials yourself, please make certain that the person signing for them checks for damaged or missing items. If no damages are noted on the bill of lading, Historic Flooring cannot be held responsible for any damages or shortages that occur.

 

Historic Flooring reserves the right change the products or services listed without notice.

 

This web site may contain links to third party sites. Access to any other internet site linked to this site is at users own risk and Historic Flooring is not responsible for the accuracy and reliability of the information contained on these sites. The inclusion of links does not imply an endorsement or affiliation.