TERMS OF SALE
PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT APPLY TO YOU.
This Agreement contains the terms and conditions that apply to customers for purchases from hardwoodamerica.com and the Kenny’s Hardwood entity named on the invoice that will be provided to you ("Customer”) on orders for products sold. Customer agrees to be bound by and accepts this Agreement as applicable to Customer’s purchase of product(s) from the hardwoodamerica.com Internet Website hereinafter named the "Site.” As a condition of sale, Customer agrees to be bound by and accepts these terms and conditions. These terms and conditions apply (i) unless Customer has signed a separate formal purchase Agreement with hardwoodamerica.com, in which case the separate Agreement shall govern; or (ii) unless other hardwoodamerica.com standard terms apply to the transaction as noted herein or elsewhere. These terms and conditions are subject to change without prior written notice at any time, in hardwoodamerica.com sole discretion.
YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS OF SALE IS INCLUDED IN YOUR ACCEPTANCE OF THE TERMS AND USE OF THIS WEBSITE.
1. ORDER ACCEPTANCE POLICY
Customer’s receipt of an electronic or other form of order confirmation does not signify hardwoodamerica.com acceptance of Customer’s order, nor does it constitute confirmation of hardwoodamerica.com offer to sell. All orders are accepted in Kansas City, MO, USA. hardwoodamerica.com reserves the right at any time after receipt of Customer’s order to accept or decline Customer’s order for any reason including but not limited to lack of availability of products, failure by Customer to satisfy payment terms, and/or breach by Customer of this Agreement. If a product is listed at an incorrect price due to typographical error or error in pricing information, hardwoodamerica.com shall have the right to refuse or cancel any orders placed for the product(s) listed at the incorrect price whether or not the order has been confirmed and whether or not payment has been remitted. If payment has been remitted for the purchase and hardwoodamerica.com cancels Customer’s order, hardwoodamerica.com shall forthwith issue a refund equal to the amount remitted for the unaccepted or cancelled order. ??
2. PAYMENT TERMS
Terms of payment are within hardwoodamerica.com sole discretion and unless otherwise agreed to by hardwoodamerica.com, payment must be received or otherwise authorized or secured in a form approved by hardwoodamerica.com prior to hardwoodamerica.com acceptance of an order. Payment for the products will be made by approved credit card, wire transfer, electronic funds transfer, PAYPAL® or some other prearranged payment method agreed to by hardwoodamerica.com. Invoices are due and payable by the payment date(s) specified through electronic (including but not limited to e-mail), facsimile (fax) and/or verbal confirmation between hardwoodamerica.com and the customer. hardwoodamerica.com may invoice parts of an order separately. Orders are not binding upon hardwoodamerica.com until accepted by hardwoodamerica.com (see Order Acceptance Policy). Any quotations given by hardwoodamerica.com will be valid for the period stated on the quotation. hardwoodamerica.com reserves the right to adjust or cancel quotations as required.??
Customer is responsible for all costs of shipping the product(s) to the location specified by Customer. If the Customer decides to return any product the Customer will be responsible for shipping and handling to and from hardwoodamerica.com. Where applicable, separate charges for shipping and handling will be shown on hardwoodamerica.com invoice(s). Shipping rates are for standard pick-up and delivery only and do not include any added services or special equipment. If a shipping rate is quoted at an incorrect rate due to typographical error or error in pricing information received from hardwoodamerica.com suppliers, hardwoodamerica.com shall have the right to refuse, adjust or cancel any orders placed whether or not the order has been confirmed and whether or not payment has been remitted. Customer is responsible to inspect freight for shortages or signs of damage upon receipt of goods. All freight, loss, and damage claims must be filed with hardwoodamerica.com within ten (10) days from the date the shipment was delivered or in the case of lost freight, within ten (10) days after a reasonable time for delivery has elapsed (see "Claims”). hardwoodamerica.com shall not be liable for special or consequential damages or for any damages arising out of or caused by: (1) Delay, (2) Acts of God or the public enemy, (3) The authority of the law, (4) Strikes, riots or quarantine, (5) The inherent nature or vice of the goods transported.
Customer is responsible for all sales, use, excise, value-added and other charges associated with the order, however designated, including any duties, clearance charges or other destination charges. If applicable, a separate charge for such items will be shown on hardwoodamerica.com invoice.
5. TITLE; RISK OF LOSS
Title to product passes from hardwoodamerica.com to Customer upon completion of shipment of product to Customer by hardwoodamerica.com, unless otherwise stated in terms of purchase (e.g. Letter of Credit). Loss or damage to products that occurs during shipping by a carrier selected by hardwoodamerica.com is hardwoodamerica.com responsibility up to limit specified by insurer.
6. RETURN POLICY
Customers must notify hardwoodamerica.com within a 5 day period from delivery if they wish to return the purchased material(s). Returns will be subject to a 25% restocking fee plus related freight charges. Material that is returned must be packaged for pick-up in the same way it was received. Material should be firmly secured inside the crate, or tightly shrink-wrapped on the pallet. hardwoodamerica.com will not accept returns for goods that have been used by the customer (installed and later uninstalled, or uncrated and handled in a manner that makes the re-sale of the products unfeasible). Credit or refunds for returned goods will be issued after material has been returned to the original shipping location, or other designated hardwoodamerica.com facility and inspected.
All warranties set out are Manufacturer-specific warranties only. The limited warranty applicable to each product sold by hardwoodamerica.com is set out under the heading "Warranty” located on the hardwoodamerica.com Site where each product is described. Such limited warranty applies to each sale by hardwoodamerica.com of that respective product. hardwoodamerica.com makes no express or implied warranties except those stated in this agreement and in hardwoodamerica.com applicable warranty statement in effect on the date of the invoice. Any such warranties will be effective, and hardwoodamerica.com will be obligated to honor any such warranties, only upon hardwoodamerica.com receipt of payment in full for the item to be warranted. Before returning any item, Customer must contact hardwoodamerica.com for a Warranty Authorization (WA) number within the allowable period specified by the manufacturer of the product (see product-specific "Warranty”). No returns, of any type, will be accepted without a WA number. The WA number is valid only for the product described therein. The product returned must match the product authorized for return. Customer must ensure that all returns are received by the manufacturer/supplier within thirty (30) days of obtaining the WA number. All shipping arrangements for returns or exchanges must be processed through hardwoodamerica.com. Customer is responsible for all shipping and handling charges of warranty returns, except where the manufacturer of the product has agreed to pay for such costs or as outlined under product "Warranty.” Whenever possible or as outlined under "Warranty,” all items must be in "as new” condition, in original packaging and with all warranty cards, manuals and accessories. The original packing slip must be included and the WA number visible on the package. hardwoodamerica.com may require a short written explanation and a photograph or digital image of the defective product. In some cases an on-site inspection of the product will be required. hardwoodamerica.com will advise Customer of the details specific to the warranty claim. Customer agrees to allow reasonable access and cooperate with hardwoodamerica.com and it’s Representatives at all times to process any warranty claims.
Not withstanding the above, if ordering hardwood flooring additional warranties and disclaimers apply as stated in the Hardwood Flooring Warranty document, which are made a part of this warranty by way of reference.
THE WARRANTIES SET OUT IN THIS AGREEMENT ARE MANUFACTURER-SPECIFIC WARRANTIES FOR THE PRODUCT(S). hardwoodamerica.com EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, GUARANTEES OR REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. hardwoodamerica.com ALSO DISCLAIMS ANY IMPLIED WARRANTY ARISING OUT OF TRADE USAGE OR OUT OF A COURSE OF DEALING OR COURSE OF PERFORMANCE. hardwoodamerica.com DOES NOT WARRANT THAT THE PRODUCT(S) WILL BE ERROR-FREE, OR WARRANT THAT EACH DEFECT WILL BE CORRECTED. hardwoodamerica.com DOES NOT WARRANT THAT ALL PRODUCTS COMPLY WITH SPECIFIC GEOGRAPHICAL COMPLIANCE OR REGULATORY RESTRICTIONS. IT IS CUSTOMER’S RESPONSIBILITY TO ENSURE THAT USE OF PRODUCTS PURCHASED COMPLIES WITH LOCAL JURISDICTION CODES AND WITH ALL REGIONAL, NATIONAL AND INTERNATIONAL LAWS AND REGULATIONS. hardwoodamerica.com FURTHER DISCLAIMS ANY PATENT/INTELLECTUAL PROPERTY RIGHTS, WARRANTIES OR INDEMNITIES WITH RESPECT TO ANY LOCKING/CONNECTING SYSTEM(S) USED BY MANUFACTURERS OF LAMINATE, ENGINEERED WOOD, OR OTHER PRODUCTS SOLD BY hardwoodamerica.com.
9. LIMITATION ON DAMAGES
hardwoodamerica.com DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN. hardwoodamerica.com WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF REVENUE OR OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF THEY WERE FORESEEABLE OR IF hardwoodamerica.com WAS ADVISED OF THE POTENTIAL OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES, hardwoodamerica.com IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PURCHASE(S) UNDER THIS AGREEMENT. THIS LIMITATION WILL APPLY REGARDLESS OF THE FORM OF ACTION (I.E. WHETHER THE LAWSUIT IS IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE).
10. RETURN AND EXCHANGE POLICY
All sales are final. hardwoodamerica.com monitors product shipments and provides customer assistance in the event of carrier problems or destination errors. For inquiries regarding damaged or defective products, please refer to the warranty that obtains for a specific product, or contact your hardwoodamerica.com sales representative. Prior to signing for receipt of goods, it is the customer’s responsibility to inspect the product packaging for any indication that damage to the product may have occurred in transit. Failure to do so can void damage claims. For any product that is returned the Customer will be responsible for all shipping and handling charges to and from hardwoodamerica.com along with a 25% restocking fee for the purchased items.
All references to monetary amounts, including prices, on the hardwoodamerica.com Website (the "Site”) and in this Agreement shall be in U.S. currency.
12. GOVERNING LAW
This Agreement and any sales there under shall be governed by the laws of the state of Missouri and the federal laws of the United States of America (the "USA”) applicable therein, without regard to conflict of laws rules. hardwoodamerica.com and Customer exclude the application of the United Nations Convention on Contracts for the International Sale of Goods to this Agreement. The Site (excluding linked Web sites) is controlled by hardwoodamerica.com from its offices within the state of Missouri, USA. The Site can be accessed from all states and territories of the USA, as well as from other countries around the world. As each of these jurisdictions has laws that may differ from those of the state of Missouri, by accessing the Site, the user agrees that all matters relating to access to, or use of, the Site, or any other hyperlinked Web site, shall be governed by the laws of the state of Missouri and the federal laws of the USA applicable therein. The user also agrees and hereby submits to the exclusive personal jurisdiction and venue of the courts of the state of Missouri and acknowledges that the user does so voluntarily and is responsible for complying with local laws. In the event a court of competent jurisdiction determines that any part of the Terms of Sale is void or is not enforceable then all parties agree that only that part shall be severed and the remaining Terms of Sale shall be valid and enforced.
Any disputes that arise between hardwoodamerica.com and the Customer will be resolved in accordance to the applicable rules and procedures of the American Arbitration Association. If the parties involved can not agree on which rules and procedures of the American Arbitration Association apply to the transaction, the arbitrator will make the determination.
14. OTHER DOCUMENTS
Other than as specifically provided in any separate formal purchase Agreement between Customer and hardwoodamerica.com, these terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for product(s) which is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written Agreement signed by both Customer and hardwoodamerica.com.
The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived there from.
APPLICATION OF THIS POLICY
hardwoodamerica.com recognizes the importance of privacy and the sensitivity of Personal Information (as defined below). hardwoodamerica.com believes in protecting your privacy. This policy outlines how we manage your Personal Information and safeguard your privacy. By providing Personal information to us, you agree to the terms of this policy. However, we are committed to continuous improvement and value your input. We welcome your comments and/or suggestions on improving this policy. If you have any concerns, please write to our Privacy Officer at the address in this policy under the caption "Need More Information?" This policy does not apply to the practices of companies or other entities that hardwoodamerica.com does not manage or control. This policy does not apply to information regarding corporations or other non-individuals.
The following definitions are used solely for the purposes of this policy: "Contact Information" means information to enable an individual at a place of business to be contacted and includes the name, position name or title, business telephone number, business address, business email or business fax number of the individual, but does not mean information that is collected via a hardwoodamerica.com Website or Online service about an individual consumer who is a resident of California. "Personal Information" means information about an identifiable individual, excluding Contact Information, and includes things such as gender, age, ethnicity, financial and credit information, health information, consumer preference information, customer profiles, ID numbers, and any other data assigned to an individual. "Summarized Data" means records which have been stripped of information identifying individuals, and which have been manipulated or combined to provide generalized, anonymous information.
COLLECTION OF PERSONAL INFORMATION
This policy covers our treatment of Personal Information that we collect, either through communications or interaction we may have with you (such as e-mails, telephone conversations, face-to-face, written correspondence, or through our website). This policy also covers our treatment of any information shared with us by third parties. Sometimes we may collect Personal Information about you from other sources, provided that such sources confirm to us that they are permitted to share such information, such information is publicly available or the collection is required or authorized by law. Examples of collection from other sources include collections from: a government agency or registry; a business, trade, or professional organization; your accountant; an employment agency or your current or previous employer.
USE OF PERSONAL INFORMATION
hardwoodamerica.com may collect and use your Personal Information for the following purposes: to administer and build your hardwoodamerica.com account; ?to market new services and products that we believe will be of interest to you; ?to collect a debt owed to hardwoodamerica.com or its agents; or to pay a debt owed by hardwoodamerica.com; ?to help us make credit decisions about clients, prevent fraud, check the identity of new clients and prevent money laundering; ?to help us make a decision with respect to employment or an appointment with hardwoodamerica.com ?to identify you if you visit our office premises; and ?as required or authorized by law.
DISCLOSURE OF PERSONAL INFORMATION
hardwoodamerica.com does not and will not sell, rent, share or disclose your Personal Information without first receiving your permission or as disclosed in this policy. Under certain circumstances, hardwoodamerica.com will disclose your Personal Information: when you have consented to the disclosure; to fulfill the purpose for which the Personal Information was collected; when the services we are providing to you require us to give information to third parties, for example: providing government-assigned identification numbers to customs brokers or other third parties responsible for processing customs clearance for shipments; if we engage a third party to provide services to us (such as payroll processing, computer back-up services, archival file storage, customer relationship management, advertising distribution) and the third party is bound by confidentiality obligations; to relay an opt-out request to third-party marketing agency (see "Opting Out " below); where it is necessary to collect a debt owed to hardwoodamerica.com or its agents, or to pay a debt owed by hardwoodamerica.com; ?to respond to an emergency where the health or safety of any individual is reasonably believed to be threatened; if the information is already publicly known; and when we are required or authorized by law to do so. ?Except when we are required by law to disclose Personal Information, where commercially practicable we will use contractual or other arrangements to protect Personal Information disclosed to third parties.
We may also use your Personal Information to generate Summarized Data for internal use and for sharing with affiliates, subsidiaries, advertisers and business partners. Your identity and Personal Information will be kept anonymous in Summarized Data. Summarized Data will be used for marketing and planning purposes.
By providing Personal Information to us, you voluntarily consent to the collection, use and disclosure of Personal Information as specified in this policy. Without limiting the foregoing, we may on occasion ask you to consent when we collect, use, or disclose your Personal Information in specific circumstances, in which case we may ask for your consent in writing although in some circumstances we may accept your oral consent. Sometimes your consent will be implied through your conduct with us if the purpose of the collection, use or disclosure is obvious and you voluntarily provide the information. In addition, we may collect, use and disclose Personal Information without your consent when we are required or authorized by law to do so.
WITHDRAWAL OF CONSENT
Individuals have the right to withdraw their consent to the collection, use, or disclosure of Personal Information at any time, except where that withdrawal would frustrate the performance of a legal obligation by hardwoodamerica.com. Upon reasonable written notice given to hardwoodamerica.com (address to Privacy Officer at the address in this policy under the caption "Need More Information?") all Personal Information held by hardwoodamerica.com that is identifiable to that individual will be removed from our records and a notice of the impact of that removal will be provided to the individual. Notwithstanding the foregoing, if you withdraw consent, hardwoodamerica.com nonetheless reserves the right to retain, collect, use and disclose Personal Information without your consent where we are permitted or required by law to do so.
You may wish to opt out of receiving certain information or marketing and promotional material distributed by hardwoodamerica.com. You may do so by selecting the opt-out or unsubscribe feature in our Online communications including our online newsletter and product updates, or by writing to hardwoodamerica.com Privacy Officer at the address in this policy under the caption "Need More Information?" From time to time, hardwoodamerica.com may engage a third-party marketing agency to distribute advertisements to consumers who have expressed an interest in receiving such material. For this purpose, the marketing agency may use its own distribution list. This list is not under hardwoodamerica.com control and may not be shared with hardwoodamerica.com. While hardwoodamerica.com takes steps to ensure that the marketing agency lists only individuals who have provided their informed consent for the marketing purpose, it is possible that the individual may desire to opt-out from receiving further hardwoodamerica.com advertisements. In this case, the individual may send his/her opt-out request in writing to hardwoodamerica.com Privacy Officer (at the address noted above), providing enough detail to enable the requester’s identity to be confirmed. Upon confirming the identity of the requester, hardwoodamerica.com will relay the opt-out request to the marketing agency in question. In such a case, however, the requester should be aware that his/her opt-out request could cause the marketing agency to cease all further advertising distributions to him/her. This could result in the requester not receiving material or information that might be of financial or other benefit from other organizations that also employ the same agency. In relaying an opt-out request to a third-party marketing agency, hardwoodamerica.com therefore accepts no responsibility for any consequences to the requester arising from the actions of the agency.
ACCESS TO AND CORRECTION OF PERSONAL INFORMATION
Individuals have the right to know what Personal Information hardwoodamerica.com has collected about them, how that information is being used and to whom it has been disclosed, as well as to verify and amend that information if it is incorrect. An individual may make an access/correction request by writing to hardwoodamerica.com Privacy Officer at the address in this policy under the caption "Need More Information?" Upon receiving the written request and a processing fee of US$10.00, and where the identity of the requester can be confirmed, information held by hardwoodamerica.com that is identifiable to the requester, as well as information on all use and disclosures of that information, will normally be released to the requester within 30 days, except where that release is not required or is prohibited by law. If necessary, hardwoodamerica.com will correct the Personal Information if requested to do so. Where an access/correction request requires more extensive treatment, we will advise the requester of the approximate cost of responding to the request. The requester should provide enough detail to enable hardwoodamerica.com to confirm his/her identity.
CAN I BE DENIED ACCESS TO MY PERSONAL INFORMATION?
Your rights to access your Personal Information are not absolute. We may deny access: when denial of access is required or authorized by law; when granting you access would have an unreasonable impact on other people's privacy; to protect our firm's rights and property; or where the request is frivolous or vexatious. If we deny your request for access to, or refuse a request to correct Personal Information, we will explain why.
You can visit the hardwoodamerica.com website without registering for membership or subscribing to any communications. We cannot guarantee the confidentiality or security of any e-mail communications or information sent by you to us via the website. If you wish to send us confidential information, please notify us first to make arrangements. Our website contains links to other sites, which are not governed by this policy. You should read the individual privacy policies of such websites, and make an informed decision whether or not to use these sites based upon their privacy practices. Like most other commercial websites, our website may monitor traffic patterns, site usage and related site information. We may automatically (i.e., not via registration) collect or compile certain information when you access the website. Examples of this type of information include the aggregate and unique number of visitors to the website, the dates and times of visits to the website, IP addresses and the domains/countries of visitors, the pages of the website visited and the content accessed, the type and version of the browser and operating system used to access the site, search engine and search terms used within the website or to visit the website, referring sites, and HTTP errors generated. We use this information in order to assess the usage of our website and our marketing efforts, to optimize our website, and to monitor our site's performance. We may provide such information to our website contractors for these purposes.
IS YOUR PERSONAL INFORMATION SECURE?
hardwoodamerica.com takes all reasonable steps to ensure that your Personal Information is kept safe from loss, unauthorized access, modification or disclosure. Among the steps we take in order to protect your information are: premises security; ?restricted file access to personal information; deploying technological safeguards like encryption, security software and firewalls to protect against hacking or unauthorized computer access; and ?internal password and security policies.
RETENTION OF CONTACT INFORMATION AND PERSONAL INFORMATION
Personal Information will be retained in accordance with this policy only for as long as may be necessary or relevant for the identified purpose of collection, or as may be required or permitted by law, after which time it will be made anonymous or destroyed unless you further consent to its continued retention.
This policy will be governed by the laws of the State of Missouri and the laws of the United States of America applicable therein, excluding any conflict of laws rules that would apply another body of law. This policy constitutes and contains the entire agreement between you and hardwoodamerica.com with respect to its subject matter and supersedes any prior oral or written agreements. If any provision of this policy is held to be illegal or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that this policy will otherwise remain in full force and effect and enforceable.
YOUR RESPONSIBILITY FOR PRIVACY
Ultimately, you are responsible for maintaining the secrecy of your passwords and/or any Personal Information in your possession. Always be careful and responsible regarding your Personal Information.
NEED MORE INFORMATION?
Should you have any further questions or concerns about the privacy of personal information at hardwoodamerica.com, please feel free to write to:
Privacy Officer, hardwoodamerica.com,
3303 Main St,
Kansas City, MO 64030 USA
Last revised December 14, 2006