Terms and Conditions of Sale
Before you order, please read the following. If you do not want to take the time to read the whole page, please read at least as far as "Legal stuff our lawyers made us post".
Due to possible production or shipping delays, we can never guarantee a specific delivery date (except rugs in the Ships in 3-5 Days category). Please do not schedule installation until you are sure you will have your carpet.
DO NOT OPEN YOUR ORDER WITH A SHARP OBJECT. You will cut the serging or the backing.
You MUST inspect your order for damage when it arrives. If you do not receive your order yourself, then the person who receives your order must inspect it for damage. If your order has been damaged, you should refuse delivery. This will make it much easier to process a damage claim with the freight company. If you sign for your order, you are accepting your order "as is" (according to the courier's policies, not ours).
If your order is left at your door by the courier and you later see that it was damaged, you should keep it wrapped so that the courier can inspect the damage. Please let us know as soon as possible if something arrives damaged.
The serging around KidCarpets are made from the strongest fiber on the market. Unfortunately, however, it can still be damaged. Damage can result from many things, such as: cutting it with a sharp edge during opening, some types of abrasive cleaning equipment, children picking at it, etc. Therefore, our warranty on the serging is as follows: Customer can ship the rug to us at their expense (usually about $20 to $70, depending on the size). We will then repair the serging for free. We will then ship the rug back to you for free. Care must be taken not to vacuum over the serging. If you prefer, it is suggested that repairs be made using a hot glue gun at the first sign of fraying. This will prevent the serging from fraying further.
Colors are representative only. Computer monitors all display colors differently. If you are concerned about color, it is best to order a sample swatch of the carpet, tile or rug before placing your order.
We will accept purchase orders instead of immediate payment from government agencies (including schools).
If you receive the wrong carpet or rug and would like to return it, the carpet/rug must be unused, uncut, uninstalled and unaltered in any way. Installation or use of any carpet/rug will constitute your acceptance "as is". You must inspect your order upon arrival and let us know about any problems within one week.
Patterned carpet is more difficult to install than solid color carpet because the patterns have to be lined up. Also, the patterns may not be exactly the same size (may be off several inches over a 50 foot span). This creates the need for the installer to stretch one side of the carpet in order to match the pattern at the seam. This is normal for patterned carpet, but it is important to find an installer who is experienced in doing this type of installation. We recommend that the installer is CFI certified with at least an R-II or C-II rating.
Legal stuff our lawyers made us post:
1. SCOPE AND CONSTRUCTION. THE TERMS AND CONDITIONS OF THIS AGREEMENT SHALL GOVERN THE SALE OF GOODS BY KIDCARPET.COM TO BUYER. THE SALE OF GOODS IS CONDITIONAL UPON BUYER'S AGREEMENT TO ALL OF THE TERMS AND CONDITIONS SPECIFIED HEREIN. BUYER'S ORDER OF ANY PRODUCTS VIA THE KIDCARPET.COM WEBSITE OR ANY OTHER ACCEPTANCE OF A PROPOSAL BY BUYER SHALL GOVERN THE RELATIONSHIP BETWEEN BUYER AND KIDCARPET.COM. ANY CHANGES OR TERMS AND CONDITIONS WHICH DIFFER FROM THOSE CONTAINED HEREIN ARE EXPRESSLY REJECTED AND SHALL BE VOID.
2. INTEGRATION AND AMENDMENT. THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE AGREEMENT OF THE PARTIES REGARDING ITS SUBJECT MATTER, AND SHALL SUPERSEDE ANY PREVIOUS COMMUNICATIONS, REPRESENTATIONS, NEGOTIATIONS, OR AGREEMENTS BETWEEN THE PARTIES REGARDING SUCH SUBJECT MATTER, WHETHER VERBAL OR WRITTEN. ANY MODIFICATIONS TO THIS AGREEMENT SHALL BE MADE IN WRITING AND SIGNED BY THE AUTHORIZED REPRESENTATIVE OF EACH PARTY.
3. EXCLUSIVE REMEDIES AND LIABILITY LIMITATION. THE REMEDIES PROVIDED HEREIN ARE BUYER'S SOLE AND EXCLUSIVE REMEDIES, AND KIDCARPET.COM'S EXCLUSIVE LIABILITY WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY. BUYER AGREES THAT NO OTHER REMEDY (INCLUDING, BUT NOT LIMITED TO, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST SALES, LOST PRODUCTION, OVERHEAD, LABOR, INJURY TO PERSON OR PROPERTY, OR ANY OTHER INCIDENTAL LOSS) SHALL BE AVAILABLE TO CUSTOMER. THIS ALLOCATION OF RISK IS REFLECTED IN THE PRICES OF THE PRODUCTS AND SERVICES. KIDCARPET.COM'S MAXIMUM LIABILITY HEREUNDER ARISING FROM ANY CAUSE WHATSOEVER SHALL BE LIMITED TO THE PURCHASE PRICE OF THE PRODUCT OR SERVICE IN QUESTION. ANY ACTION RELATED TO THIS AGREEMENT, ON ANY LEGAL THEORY, MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES.
4. QUOTATIONS: All quotations expire automatically thirty days from date of quotation or earlier by notice from KidCarpet.com. Unless otherwise noted in writing by KidCarpet.com, all prices are F.O.B. destination for domestic shipments (excluding HI and AK) and Ex Works (as defined in INCOTERMS 1997) for international shipments; and risk of loss in transit is on Customer. Depending on residence, prices may not include applicable taxes, however designated, levied or based upon the goods or services being quoted. If taxes are not included, Buyer agrees to pay all such taxes or provide acceptable evidence of exemption therefrom.
5. TIMING: All delivery/shipping and service dates stated by KidCarpet.com are approximate dates only and estimated in good faith to the best of KidCarpet.com's ability and are dependent upon KidCarpet.com's prompt receipt of all necessary information from Customer. Time shall not be deemed to be of the essence in KidCarpet.com's performance of this agreement, and no penalty clause of any description in any specification or order will be effective unless specifically approved in writing by an authorized officer of KidCarpet.com. In any event delivery/shipping and service dates are always quoted subject to unavoidable delays due to causes beyond KidCarpet.com's control including but not limited to strikes, casualty, war, acts of God, or government action.
6. PAYMENT TERMS. KidCarpet.com shall invoice Buyer for products ordered based upon the payment appearing on the website. Payment for an individual sale in excess of Two Thousand Dollars ($2,000) must be made by certified check or bank guaranteed check. Payment terms for domestic orders are net 30 days from date of invoice, unless otherwise provided in the quotation. For international orders, KidCarpet.com reserves the right to specify prepayment, letter of credit, or payment net 10 days from the date of invoice. Each shipment shall be considered a separate and independent transaction and payment must be made accordingly. If the financial condition or credit of Buyer at any time in the judgment of KidCarpet.com, does not warrant shipment of goods ordered, KidCarpet.com may at its option require full payment prior to shipment or refuse to ship and terminate any order outstanding without liability to KidCarpet.com. Should Buyer become delinquent in the payment of any sum due, KidCarpet.com shall not be obligated to continue performance. If any amount is not paid when due, to the extent permitted by law a late fee of 1.5% per month (or any part thereof) shall be charged on past due amounts until paid. Buyer hereby agrees that no action on the part of or condition of Customer, including but not limited to insolvency, bankruptcy or forced liquidation shall relieve Buyer of its responsibility to pay KidCarpet.com invoices in accordance with the terms and condition of this Agreement.
7. CANCELLATION: Once accepted by KidCarpet.com, an order is not subject to cancellation in whole or in part by Buyer without KidCarpet.com's prior written consent. Any such cancellation shall be subject to a cancellation charge as determined by KidCarpet.com to cover any loss that may be incurred by KidCarpet.com as a result of such cancellation, including without limitation a 25% product restocking charge.
8. BUYER RESPONSIBILITIES: Buyer shall be solely responsible for the accuracy and adequacy of the information provided to KidCarpet.com, and KidCarpet.com shall not be liable for any damages resulting from the loss, disclosure or inaccuracy of such information. Buyer shall, for those contracts which include on-site installation, have the installation site prepared at its expense prior to the scheduled installation date to enable prompt delivery and commence installation. Buyer shall not send or use goods sold by KidCarpet.com outside the United States except in compliance with U.S. export regulations and restrictions.
9. GENERAL INDEMNITY: Buyer agrees to take all necessary precautions to prevent injury to KidCarpet.com and its employees or damage to KidCarpet.com and shall indemnify, hold harmless, and defend KidCarpet.com from and against any and all suits, actions, damages, costs, losses, expenses (including reasonable attorney's fees), and the liabilities arising from or in connection with any claim of injuries to person or damage to property resulting in any way from any act, omission, or negligence on the part of Buyer in the performance or failure to perform any obligation under this Agreement, excepting only those losses which are due to intentional acts or omissions of KidCarpet.com.
10. ARBITRATION: As a condition precedent to any right of action hereunder, any dispute arising out of this Agreement shall be submitted to a Board of Arbitration composed of two arbitrators and an umpire meeting in the City of Cincinnati, Ohio unless otherwise agreed. The members of the Board of Arbitration shall be active or retired disinterested officials of carpet companies other than KidCarpet.com. Each party shall appoint its arbitrator, and the two arbitrators shall choose an umpire before instituting the hearing. If the respondent fails to appoint its arbitrator within four weeks after being requested to do so by the claimant, the latter shall also appoint the second arbitrator. If the two arbitrators fail to agree upon the appointment of an umpire within four weeks after their nominations, each of them shall name three, of whom the other shall decline two and the decision shall be made by drawing lots. The claimant shall submit its initial statement within twenty (20) days from appointment of the umpire. The respondent shall submit its statement within twenty (20) days after receipt of the claimant's statement, and the claimant may submit a reply statement within ten (10) days after receipt of the respondent's statement. The Board shall make its decision taking into consideration the custom and usage of the carpet business. The Board shall issue its decision in writing upon evidence introduced at a hearing or by other means of submitting evidence in which strict rules of evidence need not be followed, but in which cross examination and rebuttal shall be allowed if requested. The Board shall make its decision within forty-five (45) days following the termination of the hearings unless the parties consent to an extension. The majority decision of the Board shall be final and binding upon all parties to the proceeding. Judgment may be entered upon the award of the Board in any court having jurisdiction thereof. Each party shall bear the expense of its own arbitrator and shall jointly and equally bear with the other party the expense of the umpire. The remaining costs of the arbitration proceedings shall be allocated by the Board.
11. ADDITIONAL PROVISIONS:
a. This Agreement shall be binding upon and inure to the benefit of the successors and permitted assigns of the parties hereto. Neither party shall assign this Agreement or any rights or obligations under it without the prior written consent of the other.
b. If any provision of this Agreement is held illegal or unenforceable by any court, such provision shall be deemed separable from the remaining provision of this Agreement and shall not affect or impair the validity or enforceability of the remaining provision of this Agreement.
c. This Agreement shall be governed by the laws of the State of Florida, without regard as to its conflict of law provisions. KidCarpet.com and Buyer hereby consent to the jurisdiction of the State of Florida and agree that any arbitration or other subsequent action convened pursuant to this Agreement shall be held in Clearwater, FL.
d. The failure of either party to enforce, in any one or more instances, any of the terms or conditions of this Agreement shall not be construed as a waiver of the future performance of any such term or condition.
e. All headings used in this Agreement and its attachments are intended for convenience of reference only and shall not affect the construction or interpretation of the Agreement.
f. Neither party shall be liable for its failure to perform any of its obligations hereunder during any period in which such performance is directly delayed by the occurrence of events beyond the control of the failing party such as fire, explosion, flood, storm or the acts of God, war, embargo, riot, or the intervention of any governmental authority, provided that the party suffering the delay immediately notifies the other party of such delay.
h. Any limitations of liability made shall survive any termination or expiration of this Agreement.
i. Each party agrees that it will not solicit or recruit, directly or indirectly, or hire, for a period of two years after completion of the work hereunder any employee of the other unless written permission has been provided prior to discussions with or solicitation of an employee
j. Each party represents that it has full power and authority to enter into and perform this Agreement, and the person signing this Agreement, on behalf of each, has been properly authorized and empowered to enter into this Agreement, understand it, and agrees to be bound by it.