Committed to Quality and Customer Satisfaction
At The Fantastic Floor, we are committed to quality products and a high level of customer satisfaction. Our mission is to offer fantastic flooring options at prices the typical homeowner can actually afford. While purchasing new flooring is an exciting process, we understand you may have some concerns as well. The following outlines our terms of use so you will be equipped with all of the information you need to make the right purchasing decision.
Terms and Conditions of Sale
The sale of products is contingent upon the Buyer agreeing to all terms, conditions, and promises stated below, regardless of the Buyer’s different or additional proposed conditions.
Modification
No modification of term, condition or promise of sale is valid unless signed by a company officer.
Payment Terms
Full payment is due prior to shipment.
Additional Charges and Taxes
The Buyer pays all use, sales, excise or similar tax for the sale of their affordable flooring. Lot loading, demurrage, freight stop-over or other transportation and storage charges will also be paid by the Buyer within ten days of the date printed on the invoices for such charges.
Delivery
Products will be delivered. Freight charges, except in the case of total loss, are non-refundable.
Risk of Loss
Following the delivery of products to the carrier, the Buyer bears all risks of loss whether or not
- A right of rejection exists in the Buyer’s favor
- The Buyer rightfully revokes acceptance
- The products are conforming or non-conforming
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:
- Accidents
- Action by governmental authority, insurrection, riot or public enemy
- Acts of God or events beyond The Fantastic Floor’s control
- Default with freight carriers
- Default with suppliers
- Difficulties with the supplier’s equipment or transportation
- Explosion
- Fire
- Flood
- Labor trouble or strikes
- Severe weather conditions
- Shortage of inventory, raw material, power or fuel
The Fantastic Floor may extend performance time until termination of the events and add time to cure the effects of the events. The Fantastic Floor has the option to eliminate the affected products from the contract of sale without personal liability, also reducing the contract price.
Claims of Buyer
All claims, excluding nonreceipt, must be made to The Fantastic Floor within three days of the Buyer receiving the shipment. Nonreceipt claims must be written and delivered to The Fantastic Floor within 30 days of the Buyer receiving an invoice. Damaged product claims must be noted on the shipping documentation at the time of delivery and signed by a carrier representative. Failure to meet requirements may result in total loss of the Buyer’s ability to collect damages from the carrier, and also releases The Fantastic Floor from any obligation. Breach of contract or warranty liability shall arise only once the affordable flooring claimed to be defective is returned at the Buyer’s expense and due notice of the claimed breach has been given to The Fantastic Floor.
Buyer’s Exclusive Remedies & Exclusion of Remedies
Nonreceipt claims for all or part of the Buyer’s order, or any other claim besides a breach of warranty, are limited to the purchase price of goods affected. The Fantastic Floor’s liability for breach of warranty is limited to the provision of like quantity of the same product or the purchase price refund of the defective product. The Fantastic Floor is not liable for consequential or incidental damages. The Buyer agrees not to sue, and to release The Fantastic Floor from breach of contract, breach of warranty, strict liability in tort, negligence or other tort liabilities. This waiver, agreement and release is binding upon the Buyer’s successors in title and assigns.
The Company’s Non-Exclusive Remedies
Upon any breach by the Buyer of promises, terms and/or conditions contained herein, The Fantastic Floor’s options are the following remedies.
- Suspend further deliveries, even if 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 the Buyer’s sole risk of loss, which is immediately passed to the Buyer.
- Declare unpaid balances immediately due and payable.
- Collect from Buyer all costs of collection such as reasonable attorney fees incurred by enforcing rights or remedies hereunder or in law pertaining to 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 accessions 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.
Assignment
The contract for the sale of products is not assignable by Buyer without the written approval of The Fantastic Floor. Any attempt to do so shall be void.
Unauthorized Returns
Buyer accepts responsibility for the outbound and return freight charges, as well as a 30% restocking fee for unauthorized returns. Unauthorized returns are products returned without the express written consent of The Fantastic Floor, including refused shipments. All service fees are non-refundable. All custom sales are final.
Governing Law
The contract for the sale of the products shall be governed by the laws of the State of Washington.
Wood Grades
Wood grades for U.S. flooring shall be determined by the rules of applicable trade associations (NHLA, NWFA, NOFMA) or based on customary industry procedures. Grade claims and third-party inspectors are the Buyer’s responsibility, should inspection determine no fault with the product.
Integration Clause
This document constitutes the entire agreement of The Fantastic Floor and the Buyer as to the subject matter hereof.
Getting Started
The Fantastic Floor has all the affordable flooring options you are looking for. With confident professionals working to complete your order in a reasonable amount of time, and a dedicated logistics team that ensures the most reliable shipping options directly to your home or office, you’ll be enjoying your new floors soon. Contact The Fantastic Floor at 888-448-98665 to learn more or to place an order today.
Call us at 888-448-9663
Monday thru Friday, 7am to 5pm Pacific Time.
Our knowledgable staff is ready to help.