Measurement/Quantity: Flooring is sold by box/bundle. No partial or fractional boxes/bundles are sold. Tile is sold by piece. Buyer will be charged for actual footage shipped. Buyer/installer is responsible for all measurement quantities. Lumber Liquidators ("LL") is not liable for measurement errors. LL reserves the right, in its sole discretion, to limit the quantity of any product or of any purchase.
Delivery and Lead Times: Delivery dates are estimates. LL cannot guarantee specific timetables. Buyer should not schedule installation until product is received by Buyer. Claims for shortages or damages must be made upon product receipt. Buyer should retain mill code information from box.
Installation: Buyer/installer is responsible for final inspection as to grade, color, finish, defects and other quality issues. Do not install defective product. Use constitutes acceptance. Installation must be performed in accordance with instructions and industry standards (NWFA or TCNA). Per instructions, flooring must fully acclimate in installation area (approximately 3-14 days). Buyer/installer is solely responsible for checking moisture levels in product and subfloor prior to installing. LL recommends using a licensed, professional flooring installer. Although LL may recommend products, Buyer/installer is solely responsible for ensuring that products are appropriate for and compatible with jobsite conditions. LL is not liable for damages resulting from errors, misuse or negligence by Buyer/installer. Unless contracted directly with LL, LL does not install product and disclaims liability for installation.
Returns/Exchanges: Returns and exchanges are subject to approval and must be made within 30 days of product receipt. Returns or exchanges are not permitted on (a) opened boxes or special orders unless product is defective, (b) close-outs, odd lots, final sales, special deals, or clearance items for any reason, or (c) tools without original receipt. Product must be in original condition and have been properly stored. Installed product is considered accepted by Buyer and may not be exchanged or returned for any reason. Shipping and delivery charges are non-refundable. Shipping costs relating to a return or exchange are the sole responsibility of Buyer.
Subject to the terms above, defective product may be exchanged, prior to installation, within 90 days of receipt. Returned checks are subject to maximum fee allowed by law. For refunds, cash or check purchases will be refunded by check within 3-5 weeks; credit or debit card, store credit or gift card purchases will be credited back to the account or tender type used for this purchase.
Limited Warranty and Other Limitations: Products may or may not have a limited warranty as specified in information with the product or available as set forth below and any such warranties, if applicable, shall be LL's sole and exclusive warranties with respect to such products. ALL OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ARE DISCLAIMED, EXCEPT TO THE EXTENT SUCH WARRANTIES CANNOT BE VALIDLY DISCLAIMED UNDER APPLICABLE LAW. LL may, in its discretion, fully and completely resolve a claim for a manufacturer's defect by providing a store credit. Except to the extent specifically prohibited by law, LL shall not be liable, and Buyer waives any claim, for indirect, incidental or consequential damages arising from or relating to LL's sale of any products. Under no circumstances shall any liability of LL arising out of or relating to this transaction exceed the total cost of the products included in this invoice and paid for by Buyer.
Assumption and Waiver of Liability: Notwithstanding any actions, assistance or advice provided by LL, including but not limited to loading a vehicle by hand or forklift, which LL, when staffing allows, may, but is not obligated to, provide, Buyer is solely responsible for loading and securing product in/on the vehicle, safe transport and unloading of product at end destination, and any injury or damage resulting thereto. Buyer is solely responsible for ensuring vehicle capacity is not exceeded and load is properly distributed and secured to prevent movement.
Buyer releases, waives, and discharges LL and its employees for any loss, damage, cost, expense and/or claim and shall indemnify, save and hold harmless same from any loss, injury, damage, cost, expense and/or claim relating to or arising out of loading, securing into or on the vehicle, transport and unloading of product.
Warning: Products are heavy, awkward, and can exceed vehicle's load capacity. Buyer should use safe lifting techniques and minimum of two able-bodied people. Improper loading, unloading and transporting of products can result in serious injury, vehicle damage, impaired visibility or interference with driving, decreased or loss of vehicle stability and/or product falling from vehicle.
For California Purchasers Only - Warning: Product contains chemicals known to the State of California to cause cancer and/or birth defects or other reproductive harm.
Fitness, Suitability and Use of Product: Buyer is solely responsible for determining the fitness and suitability of products for the use contemplated by Buyer. Buyer shall ensure that (a) the products are used only for the purposes for which they were designed and supplied, (b) all third parties who use or may be affected by the products are given full and clear warning of any hazards associated with them and that safe working practices are adopted and complied with, (c) any warning notices displayed on the products are not removed or obscured, or (d) any third party to whom the products are supplied agrees not to remove or obscure such warning notices. Buyer assumes all responsibility for any loss, damage, or injury to persons or property arising out of, connected with, or resulting from the use of products, either alone or in combination with other products.
Prohibited Resale: Without LL's prior written consent, Buyer is prohibited from reselling products purchased from LL to third parties; provided, however, that Buyer may do so in the event that (i) (a) such third parties are purchasing products from Buyer for installation by Buyer (or its subcontractors) or (b) such third parties are general contractors that are purchasing products from Buyer for the sole purpose of incorporating such products into its project(s) with its customers and (ii) Buyer does not purchase product for purposes of wholesale or retail sales to the public (including, without limitation, through store locations and/or online). If Buyer is authorized to resell products hereunder, then (a) LL shall not be responsible or liable, and Buyer waives any claim against LL, for damages arising from or relating to any products that are sold by Buyer to a third party, (b) Buyer acknowledges and agrees that it is not authorized to act as LL's agent, and (c) Buyer shall not make any representation or warranty on behalf of LL with respect to products other than those provided by LL in writing.
No Intellectual Property Licenses: It is understood that no express or implied license is granted to Buyer with respect to any of LL's present or future trademarks, trade names, trade dress, copyrights, patents, or any other intellectual property rights.
Export Compliance: LL will not be responsible for the exportation of any of its products on behalf of Buyer. LL shall not be listed on any export documentation. Buyer (including its agents, affiliates and principals) represents and warrants that neither Buyer nor the country of destination has been, nor is it currently, designated as a, nor is it associated with any, party or country designated or recognized on any restricted list maintained or utilized by the U.S. government or any of its agencies, bureaus, or other organizations. If Buyer is authorized to resell products hereunder, then (a) Buyer shall comply with all rules, regulations, and laws applicable to such resale of products and/or any use, movement, or transfer of the products purchased in connection therewith, including, without limitation, the Export Administration Regulations of the United States Department of Commerce and any other U.S. economic sanctions and export control laws and regulations, and (b) Buyer shall not disclose, use, export or re-export, directly or indirectly, any information provided by LL or the "direct product" thereof as defined by the Export Control Regulations of the United States Department of Commerce, except in compliance with such regulations. Without limitation to the foregoing, Buyer shall not, without first obtaining permission to do so from the appropriate governmental agencies, export, transship, or divert any products into any country that is subject to embargo or to any persons who are specially designated nationals of such countries. For clarity, Buyer shall notify LL in the event that Buyer obtains any such consent from a governmental agency. Buyer shall cooperate fully with LL in any official or unofficial audit or inspection related to the export control laws or regulations of the U.S. government.
Force Majeure: LL has no liability for non-performance due to acts of God; acts of Buyer; war (declared or undeclared); terrorism or other criminal conduct; fire; flood; weather; sabotage; strikes, governmental requests, supplier interruption; or any other events or causes beyond LL's reasonable control.
Personal Information: Providing personal information is voluntary and not a condition of sale but no warranty, return or exchange is permitted unless Buyer furnishes his/her name, address and telephone number at time of purchase. Buyer information is entered into LL's contact list. Buyer may opt out of list by contacting LL by telephone or email.
Products on this invoice are being offered and sold by Lumber Liquidators, Inc. For written copies of limited product warranties, installation instructions, removal from contact list or additional information regarding purchase, installation or LL's products, visit the website at www.lumberliquidators.com or contact the Customer Care Department at (800) 366-4204. For other comments or questions, e-mail the "Office of the Chairman" at firstname.lastname@example.org.
Governing Law: These terms and conditions are governed by, and construed in accordance with, the laws of Virginia. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Buyer and LL hereby irrevocably consent to exclusive jurisdiction of, and venue in, State or Federal courts located in the Eastern District of Virginia or James City County, Virginia.
General Provisions: These terms and conditions of sale constitute the entire agreement between the parties and supersede all other communications between the parties relating to the products. LL's quotations are offers that may only be accepted in full. No modification or objection shall be caused by LL's receipt, acknowledgment, or acceptance of purchase orders or other documentation containing different or additional terms. No waiver by either party with respect to any breach or of any right or remedy and no course of dealing, shall be deemed to constitute a continuing waiver of any other breach or default or of any other right or remedy. There are no intended third party beneficiaries.