Terms and Conditions for Torlys Products
Smart Floor Store
Thank you for purchasing hardwood flooring and related products from Carlisle Wide Plank Floors, Inc. (“Carlisle” or “we”). These Terms and Conditions apply to the sale of all Torlys Products. Your purchase is your agreement to follow these Terms and Conditions and have them apply to you. We reserve the right to update or change these Terms and Conditions for future purchases at any time without prior notice.
PRICE: The price for your purchase is shown on the front of your invoice, and is valid only at the time it is quoted and for the identified products.
PAYMENT: 100% of the invoice price must be paid when you place your order. This deposit is NONREFUNDABLE if you decide to cancel your order for any reason. Payment of the nonrefundable deposit will be considered your acceptance of the invoice and these Terms and Conditions. When you provide a check as payment, you authorize us either to use the information from your check to make a one-time electronic fund transfer from your account or to process the payments as a check transaction.
TAXES: You are responsible for the calculation and payment in full of all applicable sales or other taxes when due.
SHIPMENT; RISK OF LOSS: No changes can be made to your order after it has shipped. We will arrange to have your order shipped by common carrier to the address you specify, the costs of which are included in your invoice for you to pay. All shipments are free on board (F.O.B) from the shipping location and all risk of loss and title transfers from Carlisle to you upon delivery of the goods to the carrier for shipment; however, we will process on your behalf any claims against the carrier if your order is damaged or lost during shipment
DELIVERY SCHEDULE; STORAGE FEE: We will make all reasonable efforts to schedule shipment of your order on or before the date shown on your invoice (if any). Delivery dates are estimates and Carlisle will not be responsible for shipment delays and any direct or consequential costs or damages caused by the carrier, your inability to accept the goods on the delivery date or other causes beyond our control (force majeure). Should you not accept delivery on the date agreed upon with the shipping company you will be subject to all applicable redelivery charges, storage fees and charges incurred for the cancelled delivery.
ACCEPTANCE: You must inspect the products at the time of delivery and notify the carrier immediately of any damage, which should be noted on the bill of lading. If the shipment does not conform to the invoice, you must notify Carlisle by writing , within 48 hours of delivery. If neither of the foregoing steps is taken, the shipment will be deemed to have been accepted by you.
RETURNS: These products are not returnable.
SITE CONDITIONS: INSTALLATION: You are responsible for ensuring proper site and storage conditions to avoid damage to the products sold by Carlisle and for proper installation. CARLISLE EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR PROBLEMS DUE TO SITE AND STORAGE CONDITIONS OR IMPROPER INSTALLATION.
WARRANTY: Please go to www.Smartfloorstore.com/warranty
LIMITED REMEDIES: If our products do not conform to Torlys’s express warranties and you meet the warranty conditions, then we will repair or replace the defective products at our option as described in the Warranty. Carlisle is never responsible for any incidental, consequential, special or punitive damages.
SAMPLES: If we provide you with one or more samples, they represent the general quality of the flooring you can expect. Therefore you should expect variation in the character, actual color, texture, grain, knots and other features of the final flooring product you purchase. Therefore, the sample is not a warranty or representation and this is not a “sale by sample.”
BROCHURES: Information contained on our web site or in our brochures is general information only, and is not part of any offer or binding upon us. Carlisle may change this web site at any time without notice.
CONFLICTING DOCUMENTS OR TERMS: These Terms and Conditions apply to this purchase and may not be modified or amended except in writing by Carlisle. Any additional or contrary terms proposed by you or contained in any other documentation are expressly rejected. As a manufacturer and supplier, Carlisle is not subject to or bound by any construction contracts or agreements relating to the installation of the flooring.
SEVERABILITY: If any of these Terms and Conditions are determined to be invalid or unenforceable by a court with jurisdiction, then such term will be modified or deleted to the extent necessary to make it enforceable, and the remaining Terms and Conditions will continue in full effect.
GOVERNING LAW: Your purchase and these Terms and Conditions will be governed solely by the laws of the State of New Hampshire, without application of conflict of laws principles.
TIME FOR BRINGING CLAIM; MANDATORY ARBITRATION: Any dispute arising out of the purchase of Carlisle products must be brought within 1 year after the claim arises, and can be resolved only by mandatory and binding arbitration in Concord, New Hampshire under the rules of the American Arbitration Association. YOU EXPRESSLY WAIVE THE RIGHT TO TRIAL BY JURY AND TO ANY OTHER MANNER OF DISPUTE RESOLUTION IN ANY OTHER FORUM.