NW Wood Holdings LLC dba Fantastic-Floor.com ("the Company") - Terms and Conditions of Sale
The sale of goods that are described on the Buyer's invoice ("Products") is made on
the condition that the Buyer agrees to the terms, conditions,
and promises stated below, whether they are additional or different from conditions
proposed by the Buyer or not.
Delivery
Products will be delivered. Delivery costs are provided online at www.fantastic-floor.com. Freight charges, except in the
case of a total loss, are non-refundable.
Risk of loss
Following the delivery of products to the carrier, the Buyer bares all risks of loss,
whether or not a right of rejection exists in the Buyer's favor,
whether or not the Buyer rightfully revokes acceptance, and whether
or not the products are conforming or non-conforming.
Warranties and Exclusion of Warranties
This warranty supercedes all other warranties, both implied or expressed. Warranties pertaining to flooring and decking
products are the responsibility of the manufacturer.
Credit
All credits are subject to the prior payment of all past due balances. Any credit must be approved by an authorized
officer of the company.
Payment Terms
Full payment is due prior to shipment.
Modification
No modification of term, condition, or promise of sale is valid or of any effect unless signed by an officer of the company.
Claims of Buyer
All claims of any kind, excluding nonreceipt, must be made to the company within three days of the Buyer
receiving the shipment. Claims pertaining
to nonreceipt must be made in writing and delivered to the company up to but not exceeding thirty days after
the Buyer receives an invoice. Claims relating
to damaged product must be noted at the time of delivery on the shipping documentation which must also be signed
by a representative of the carrier. Failure
to meet these requirements may result in a total loss of the Buyer's ability to collect damages from the carrier
and releases the company from their obligations.
Liability with relation to breach of contract or warranty shall arise only once the products claimed to be
defective are returned at the Buyer's expense and after
due notice has been given to the Company of the claimed breach, as stated previously in this paragraph.
Buyer's Exclusive Remedies Exclusion of Remedies
Any claim for nonreceipt for part or all of Buyer's order or any other claim of any kind excluding breach
of warranty shall be limited to the purchase price
of the goods affected. The Company's liability for breach of warranty shall be limited to the provision of
a like quantity of the same products or the refunding
of the purchase price of the defective product. The Company is not liable for consequential or incidental
damages whether or not any of the other remedies of the
Buyer fail of their essential purposes. The Buyer agrees not to sue upon, and releases the Company from,
any and all liabilities for the Company's breach of contract
and breach of warranty, strict liability in tort, negligence, and/or other tort. The waiver, agreement
and release in the foregoing sentence is binding upon Buyer's
successors in title and assigns.
Risk of the Company's Nonperformance
If any of the following events cause, directly or indirectly, the delay or non-delivery of Products, the
Company shall not be liable for damages, whether direct, incidental or consequential:
- Action by governmental authority, insurrection, riot, or public enemy
- Fire
- Explosion
- Flood
- Sever weather conditions
- Accidents
- Labor trouble or strikes
- Shortage of inventory, raw material, power or fuel
- Default or difficulties with the Company's suppliers or difficulties with equipment or transportation
- Default or difficulties with the Company's freight carriers
- Acts of God or any other events beyond the Company's control
The Company shall be able to extend the time for performance until termination of any of these events
and for an additional period thereafter to cure the effects
of these events. At the Company's option, a part or all of the Products affected by these events may be
eliminated from the contract of sale without liability to the
Company, and the contract price shall be reduced appropriately.
Additional Charges and Taxes
The Buyer will pay, in addition to the price of the Products, the amount of any use, sales, excise,
or similar tax relating to the Products or their sale. The Buyer
will also pay any lot loading charge, demurrage charges, freight stop-over charge, or any other charge
relating to the transportation or storage of the Products, which
the Company is legally obliged to pay, within ten days after the date of an invoice for the charge.
Assignment
The contract for sale of the Products is not assignable in whole or in part by Buyer without the
written approval of the Company. Any attempt to assign the contract for sale of the Products shall be void.
Inspection
Buyer has no right of inspection; inspection shall not be a condition to Buyer's duty to pay or
to any other duty.
Unauthorized Returns
Product returns made without the express written consent of the Company including refused shipments
without the prior consent of the Company constitute unauthorized returns.
Buyer accepts responsibility for the outbound and return freight charges and a 15% restocking fee.
Services performed including milling, pulling to specification, packaging,
and crating are non-refundable. All sales of custom items, including custom flooring, millwork, stair
components, and S4S lumber are final.
Governing Law
The contract for sale of the Products shall be governed by the laws of the State of Oregon.
The Company's Non-Exclusive Remedies
Upon any breach by Buyer of any promise, term, and/or condition contain herein, including, but
not limited to, the nonpayment of Buyer of any amount due hereunder, or if
the Company deems itself insecure, the Company may, at its option, and without prejudice to or
limitation of any other legal remedy hereunder, by law, or otherwise, resort
to one or more of the following remedies:
- Suspend further deliveries, even though partial payment for undelivered Products has been received.
- Demand adequate assurance of due performance, including, but not limited to, the delivery to the
Company of a third-party bond satisfactory to the company.
- Identify to the contract finished or unfinished Products at Buyer's sole risk of loss, which
will then immediately pass to the Buyer.
- Declare the unpaid balance of the contract immediately due and payable.
- Collect from Buyer all costs of collection, including, but not limited to reasonable attorney's
fees, incurred in enforcing any right or remedy hereunder or in law,
pertaining in whole or in part to the Products.
- Repossess and/or reclaim the Products or any part thereof. Buyer hereby agrees, upon demand, to
assemble the Goods or any part thereof to the Company, at Buyer's expense,
all in accordance with the Company's instructions. Buyer hereby grants the company a security interest
in the Products and any and all proceeds thereof and accesssions thereto
to secure all of Buyer's obligations hereunder under this or any other agreement. Buyer hereby
irrevocably appoints the Company as the Buyer's lawful attorney-in-fact to execute
and file all documents necessary or desirable to effectuate the purpose of this paragraph,
including but not limited to, appropriate financing statements. A photostatic copy of
this document may be used as a financing statement.
Integration Clause
This document constitutes the entire agreement of the parties as to the subject matter hereof.
Wood Grades
Wood grades shall be determined by the rules of applicable trade associations (NHLA, NWFA, NOFMA) or,
in the absence of such rules, based on procedures which are customary in the industry.
If a grade claim is made and a third party inspector is hired, all charges will be
the responsibility of the Buyer should the inspection determine no fault with the product.
