TERMS AND CONDITIONS OF THE Carl Marias Carpet Design, Inc. (these “Terms and Conditions”)
BUSINESS TO BUSINESS & Carl Marias Carpet Design, Inc. TO VENDOR OR SALES PERSON
The terms of this Agreement apply to the exclusion of any terms and conditions submitted, proposed or stipulated by you in whatever form and at whatever time. These Terms and Conditions apply to all Products and Services.
Save as expressly provided in this Agreement, this Agreement shall operate to the entire exclusion of any other agreement, understanding or arrangement of any kind between the Parties preceding the date of this Agreement and in any way relating to the subject matter of this Agreement and to the exclusion of any representations not expressly stated in this Agreement except for any fraudulent misrepresentations or any misrepresentation as to a fundamental matter. Each of the Parties acknowledges that it has not entered into this Agreement based on any representation that is not expressly incorporated into this Agreement.
This Agreement constitutes the whole agreement and understanding of the Parties as to the subject matter of this Agreement and there are no provisions, terms, conditions or obligations, whether oral or written, express or implied, other than those contained or referred to in this Agreement.
You may electronically copy, duplicate and print portions of this website as long as You retain all copyright, trademark or other proprietary notices along with the material. Any other use of this Site or its content requires our express written permission.
Trademarks and Copyright
All content contained in this web site, including but not limited to text, software, music, sound, photographs, video, logos, trademarks (whether or not registered), service marks, or graphics is protected by copyright, trademark, patent or other proprietary rights and laws. It is owned by Carl Marias Carpet Design, Inc. , or Carl Marias Carpet Design, Inc. has the legal right to use it. © 2017, All rights reserved. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify logos, trademarks or service marks in any way without our prior written permission. The use of our trademarks on any other web site is prohibited. Use of our marks as a “link” on or from any other web site is expressly prohibited by Carl Marias Carpet Design, Inc. unless prior written permission is obtained.
This website may contain links to third party sites. Access to any other Internet site linked to this web site is at Your own risk and Carl Marias Carpet Design, Inc. is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on these sites and does not warrant that these sites do not contain viruses or other features that may harm Your computer. Carl Marias Carpet Design, Inc. provides these sites links as a convenience and does not endorse the companies or contents of any of these linked sites.
Disclaimer of Warranties
Carl Marias Carpet Design, Inc. makes no warranty that this web site will meet your requirements or that it will be uninterrupted, timely, secure or error free; nor does Carl Marias Carpet Design, Inc. make any warranty as to the results that may be obtained from the use of this web site or as to the accuracy or reliability of any information obtained through this web site. YOU UNDERSTAND AND AGREE THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEB SITE IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT.
UNLESS EXPRESSLY PROVIDED OTHERWISE, Carl Marias Carpet Design, Inc. PROVIDES THIS SITE CONTENT “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT ALLOWABLE BY LAW. THIS MEANS Carl Marias Carpet Design, Inc. PROVIDES NO IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ADDITIONALLY,Carl Marias Carpet Design, Inc. DOES NOT REPRESENT, WARRANT OR GUARANTY THAT YOUR USE OF TE CONTENT ON THIS WEB SITE WILL NOT INFRINGE OR VIOLATE INTELLECTUAL PROPERTY OR OWNERSHIP RIGHTS OF OTHERS. IN NO EVENT SHALL Carl Marias Carpet Design, Inc. OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION OR LOSS OF INFORMATION) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE CONTENT, EVEN IF TheCarl Marias Carpet Design, Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTE: SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation of Liability
WHILE Carl Marias Carpet Design, Inc. MAKES REASONABLE EFFORTS TO PLACE ACCURATE INFORMATION ON THIS WEB SITE,Carl Marias Carpet Design, Inc. ASSUMES NO RESPONSIBLITY OR LIABILITY FOR ERRORS OR OMISSIONS IN THE CONTENT OF THIS WEB SITE.Carl Marias Carpet Design, Inc. SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PERSONAL, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPT OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THIS WEB SITE, OR RESULTING FROM ANY ERRORS OR OMISSIONS IN OR RELIANCE ON THE WEB SITE CONTENT, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED, EVEN IF Carl Marias Carpet Design, Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THIS INCLUDES DAMAGES FOR NEGLIGENCE OR GROSS NEGLIGENCE AS WELL AS THOSE DAMAGES CAUSED BY ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF OR UNAUTHORIZED ACCESS TO THE WEB SITE, OR RELATED INFORMATION OR PROGRAMS.
NOTE: SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Termination of Use
Carl Marias Carpet Design, Inc. may discontinue, suspend or modify this web site at any time without notice, and Reclaimed Flooring Company Inc may block, terminate or suspend your access to the system at any time for any reason in its sole discretion, even if access continues to be allowed to others.
You assume all responsibility for compliance with all laws and regulations of the United States and any other country regarding access, use, export, re-export and import of any Content appearing on or available through this Web Site.
You acknowledge and agree that You will not export or import any Content to any country to which export or import is restricted under United States law, that You are not a national of any such country, You are not a Denied Party listed on the U.S. Denied Persons List, You are not a Special Designated National on the U.S. Treasury Department’s list of Specially Designated Nationals, and that the Content will not be used in the design, development or production of nuclear, chemical or biological weapons.
This Agreement and the relationship between You and Carl Marias Carpet Design, Inc. shall be governed by and construed in accordance with the laws of the California without regard to any principals governing conflicts of law that might cause the laws of another jurisdiction to apply. Any controversy or claim arising out of or relating to this Agreement or relating to use of this web site and the materials contained in this web site shall be resolved in a California court. You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Agreement must be filed within one (1) year after such claim or cause of action arises, or will be barred forever.
The waiver by either party of a breach or right under this Agreement will not constitute a waiver of any subsequent breach or right. If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of this Agreement, which will otherwise remain in full force and effect.
Reservation of Rights
Any rights not expressly granted herein are reserved.
Moisture and Humidity – PLEASE READ BEFORE BEGINNING
Room temperature and humidity of installation area should be consistent with normal, year-round living conditions for at least a week before installation of wood flooring. Room temperature of 65°F to 75°F and a humidity range of 40% to 65% should be maintained during acclimatisation, installation, and at all times afterward. Warning – humidity levels below these recommended levels will likely cause movement in the flooring, including gapping between pieces and possible cupping and checking in the face.
Carl Marias Carpet Design, Inc. cannot be held responsible for site conditions. Flooring formats, such as plywood based engineered wood flooring, are particularly susceptible to showing movement such as edge/end shrinking and face checking from relative humidity below the stated minimums on site and/or tip-raising and subsequent end-shrinking if installed over a wet subfloor.
WHAT IS COVERED BY THE THE RECLAIMED FLOORING COMPANY WARRANTY
Limited manufacturing Warranty found here:
Carl Marias Carpet Design, Inc. warrants to the original retail purchaser of its products that The Driftwood Express Engineered Hard-Wax Oil Finished Floors (“Flooring”), in its original manufactured condition, shall be free from manufacturing defects in milling and grading for as long as you own your Flooring. Please go here to review grading and technical data: www.reclaimedflooringco.us/technical/ (except as otherwise noted below).
WARRANTIES APPLY TO ORIGINAL PURCHASER ONLY
All Flooring warranties, including any implied warranties, apply to the original retail purchaser of the Flooring only.
All warranty coverage terminates if you sell or otherwise transfer the Flooring or the property to which the Flooring is attached.
Limit on implied warranties to the greatest extent permitted by law, any implied warranty on flooring, including implied warranties of merchantability and/or fitness for a particular purpose, is limited in duration to the duration of this Warranty. Some states do not allow limitations on how long an implied Warranty lasts, so the above limitation may not apply to you.
WHAT THIS WARRANTY DOES NOT COVER
In order to be covered under this limited warranty, the Flooring must be properly installed by a licensed flooring contractor in accordance with all installation instructions provided to you with the Flooring. This warranty does not cover damage arising from improper installation of the Flooring. In order to be covered under this limited warranty, the Flooring must be purchased from an authorised dealer of The Driftwood Express range. Carl Marias Carpet Design, Inc. offers NO additional warranties, express or implied, other than those set forth herein. Neither your retailer nor anyone else has the authority to alter the terms of this warranty.
Any representations or promises made by your retailer or installer are not binding on Carl Marias Carpet Design, Inc. . This warranty does NOT cover minor separations between boards due to normal expansion and contraction that wood floors may experience, based on weather conditions or other outside forces. This warranty does not cover cupping, delaminating, and/or crowning due to excessive moisture or humidity. This warranty does not cover damage resulting from the failure to properly maintain Flooring and may be voided due to your failure to follow all Carl Marias Carpet Design, Inc. care and maintenance instructions.
This warranty does not cover damage caused by improper or incorrect use or application of any product on Flooring.
This warranty does not cover naturally occurring elements of wood flooring, including but not limited to, open knot holes, pits, worm holes, or other characteristics resulting from true craftsmanship or hand-scraping of Flooring. This warranty does not cover damages caused by or relating to improper transportation, storage, or installation of the Flooring. This warranty does not cover any defects unless the square footage of such defective flooring exceeds ten percent (10%) of the total square footage of your purchased Flooring.
This warranty does not cover manufacturing defects in Flooring that has been installed which are visible or which reasonably could have been discovered by you or your installer prior to installation. You must notify Carl Marias Carpet Design, Inc. of any such manufacturing defects in writing before installing Flooring. If not properly notified in writing within 7 days of the floor being delivered, Carl Marias Carpet Design, Inc. shall not be held liable for any costs or expenses incurred as a result of the purchase or installation of any such defective or unsatisfactory Flooring.
This warranty does not cover variances in grain or color found in samples or photographs supplied by dealers or variances in grain or color between samples and Flooring actually received by you. This warranty does not cover any change to the Flooring caused by exposure to light and oxygen, including any color change or the development of a unique patina over time. This warranty does not cover indentations, scratches or other damage caused by negligence, intentional acts, water, sand, abuse or other misuse of the Flooring.
This warranty does not cover damages resulting from the failure to provide proper environmental conditions, including but not limited to maintaining proper humidity levels. This warranty does not cover surface checking resulting from high or low relative humidity and/or mildew, discoloration, or cupping resulting from sub floor moisture.
This warranty does not cover damage resulting from the failure to follow manufacturer’s installation and maintenance instructions, including but not limited to the failure to use approved adhesives, moisture barriers, and failure to follow Carl Marias Carpet Design, Inc. Flooring maintenance product instructions. We recommend that you use only Carl Marias Carpet Design, Inc. advised maintenance products to clean and maintain your Flooring, including Woca Cleaner & Protectant and Woca Maintenance products as per their instructions found on their website at http://www.wocausa.com/guide/how-to-care-for-your-flooring-dos-and-donts for all of our products sealed in a Woca oil. For all other products we will recommend the correct maintenance products for your floor, you must follow these guidelines and recommendations without using other aftercare or maintenance products as they may weaken the durability of the floor finish. In this case you Warranty would be void.
We advise that as soon as one of our floors is fitted, that the certified floor fitter immediately apply one or two coats of Woca floor soap as a method to start building up extra surface protection against surface scratches. Use of cleaning or maintenance products other than those specially formulated for the Flooring, or improper use or application of any cleaning or maintenance product, may cause damage to the Flooring and may void this limited warranty.
This warranty does not cover damage resulting from the use of adhesive tape of any kind on any oil finished floor for any period of time. Failure to comply may result in removal of the finish. This warranty does not cover special, incidental or consequential damages of any kind including but not limited to oil and fat spills on the floor. Some states do not allow the exclusion or limitation of special, incidental or consequential damages, so the above limitation may not apply to you.
- The use of any artificial or mechanical steam making machines on Reclaimed Flooring Company Wood Floors may cause damage to the floor and will void all manufacturers’ warranties.
- Wood is a natural product and contains variations in grain pattern, color and/or texture which are characteristics of wood and as such are not considered defective and no warranty shall apply.
- Scratches, indentations, accidents, abuse and damages arising from furniture, spike or stiletto heels, improper maintenance, wet mopping, pet accidents, pet accidents, exposure to excessive heat, dryness, use of chemical or industrial cleaning products or color changes due to direct or indirect sunlight.
- Natural expansion or contraction resulting in gaps between boards or low humidity. Maintain an indoor humidity level of 40% & 65% relative humidity.
- Damage due to excessive ground moisture, earthquakes, fire and insect infestation.
- Failure to follow installation procedures or not providing the proper floor preparation prior to installation.
- Failure to inspect the material during installation.
- Reduction in finish “gloss”
RADIANT HEAT SYSTEMS
Certain Flooring is warranted for use with Radiant Heat Systems. If such Flooring is installed over a radiant heating system, the surface temperature of the Flooring must not exceed 82 degrees Fahrenheit. Dramatic temperature changes may damage the Flooring. Flooring must be heated gradually in 5 degree Fahrenheit increments. It is recommended that a dedicated thermostat be installed to allow the temperature of the Radiant Heat System to be accurately controlled. For warranty coverage to apply, the Flooring must be authorized for use with a radiant heating system and the installation must conform to the manufacturer’s Special Instructions for Installations over Radiant Heat Systems, including the placement of approved under-floor heat sensors.
Carl Marias Carpet Design, Inc. WILL DO
Carl Marias Carpet Design, Inc. will, at its option, either repair and/or replace the Flooring which is defective or credit you for the portion of the purchase price attributable to the Flooring which is defective. You are responsible to pay for shipping and handling for any replacement Flooring, along with any and all other costs related to the defective Flooring (e.g., labor to remove Flooring, labor to install replacement Flooring, additional materials required to install replacement Flooring, removal of any household fixtures or furniture required to repair or replace the Flooring, hotel stays required due to repair or replacement, etc.).
Due to the nature of the product, replacement Flooring is not guaranteed to match the original Flooring in terms of color, tone, pattern or other natural characteristics of wood. These remedies are your sole and exclusive remedies under this warranty.
HOW TO GET SERVICE
First, contact your retailer or distributor. If you have additional questions or have additional questions or concerns,
please contact Carl Marias Carpet Design, Inc. by telephone at 1 424 322 9200, or by email at email@example.com. Where possible, any complaints made under this warranty will be resolved within 30 days. However, due to the nature of certain complaints and/or forces outside Carl Marias Carpet Design, Inc. ’s control, certain complaints may take longer to resolve. If your complaint has not been resolved by your retailer within 30 days of your notification to the retailer, please contact Carl Marias Carpet Design, Inc. directly for further assistance.
YOUR RIGHTS UNDER STATE LAW
This warranty gives you specific legal rights, and you may also have other rights, which vary from state to state.
GOVERNING LAW, FORUM AND VENUE
This warranty shall be interpreted in accordance with the laws of the State of California, without regard to any choice of law provisions which might otherwise apply in California or elsewhere. Carl Marias Carpet Design, Inc. and customer agree that the Superior Court of California shall have exclusive jurisdiction to adjudicate any claim or controversy arising out of or relating to this warranty or The Driftwood Express Flooring or any other product supplied byCarl Marias Carpet Design, Inc. .
You acknowledge and agree that all actions or proceedings arising in connection with this warranty shall be tried and litigated exclusively in the County of Los Angeles, State of California. If any provision of this warranty is found to be unenforceable, the remaining provisions will remain in full force and effect.
For best results, we suggest using a National Wood Flooring Association-certified professional installer. Carl Marias Carpet Design, Inc. Hardwood Floors MUST be installed according to the National Wood
Flooring Association’s (NWFA) installation guidelines in order for the Carl Marias Carpet Design, Inc. Hardwood Floors Warranty to be valid.
The most current publication of the NWFA guidelines is available to all NWFA members and can be found at www.nwfa.org.
You can also search your area for an active NWFA Certified Professional Installer on NWFA’s website.
Due to the natural materials and unique finishing processes, All wood flooring wood products may experience tonal
and colour variation between planks depending on time in or out of their original packaging and conditions such as weather, temperature, location, moisture levels or proper maintenance and installation. To avoid dramatic variation mainly caused by ageing, it is recommended installation be completed from the same lot.
- This warranty is limited to the original purchaser.
- The liability of manufacturer under this warranty shall be limited to the cost of material and reasonable labor only.
- No other warranties expressed or implied, are made including merchantability or fitness for a particular purpose.
- Under no circumstances shall Carl Marias Carpet Design, Inc. be liable for any loss or damage associated with special, indirect, incidental or consequential damages.
- No installer, retailer, agent or employee of Carl Marias Carpet Design, Inc. has the authority to increase or alter the obligations or limitations of this warranty.
- In the event of litigation, all controversies shall be submitted to American Arbitration Association. Venue shall be the County of Orange, State of California.
- No installer, retailer, distributor or agent, or employee of Carl Marias Carpet Design, Inc. Floors may alter the obligations or limitations of any Carl Marias Carpet Design, Inc. Floors warranty.
- Color variations in flooring are a natural occurrence due to character, species and age of flooring and exposure to UV light or sunlight. For these reasons, new and/or replacement flooring may not match display samples and/or existing flooring.
- Due to color variations of product and/or samples, The Reclaimed Flooring Company Floors Inc is not responsible for the consumer matching flooring to other wood products, such as cabinets, stair railings, trim and mouldings.