Signed in as:
filler@godaddy.com
Signed in as:
filler@godaddy.com
1. CARPET ONCE CUT IS NOT RETURNABLE UNDER ANY CIRCUMSTANCES. We do not guarantee manufacture of any patterns, colors or textures requested by Customer that does not meet MITRA RUG standards, and reserve the right to change same without notice.
2. All orders are subject to credit approval and to the Terms and Conditions of Sale set forth in this sales contract. The above prices do not include any federal, state or local taxes, and are subject to the addition of any taxes which are or may be imposed. Payments on sales are subject to terms of payment herein and as stated on the invoice. Claims for products lost or damages in transit are the Company’s sole responsibility. Shipment will be made by transportation methods specified by Customer where practicable. If no shipping instructions are provided, Mitra Rugs will use its discretion in selecting the appropriate transportation method at Customer’s sole expense.
3. CLAIMS WILL NOT BE CONSIDERED FOR: Improper storage of goods by Customer or its agents; negligence of third parties unrelated to Mitra Rugs; environmentally caused damages to carpet; improper installation; defects in materials used to install carpet; missing tufts (other than on a basis for re-inserting such missing tufts); crushing of the pile; shading or soiling which are not manufacturing defects; improper protection of the carpet from damage (e.g. failure to use chair pads or stair nosing guards); improper care of the carpet; mismatching patterns on any figured carpet after it has been cut; and for complaints lodged after the date set forth herein. MITRA RUGS MAKES NO WARRANTY OR GUARANTY OF LENGTH OF WEAR.
5. For protection of all parties, no changes or exceptions to these Terms and Conditions of Sale will be binding unless there is a writing signed by a MITRA RUGS officer accepting such changes or exceptions. Field personnel, including representatives and agents, do not have authority to make any changes or exceptions to MITRA RUGS pricing, or these Terms and Conditions.
6. MITRA RUGS will not be liable for any loss or damage, consequential or otherwise, arising from delay or failure to deliver any accepted order in accordance with these terms where such delay or failure was caused by any requirement of a governmental agency or authority, shortage of raw materials or finished merchandise, delays of carriers, embargoes, fires, floods, strikes, riots, wars, acts of God or any other causes beyond the control of MITRA RUGS. Any such delays, damages or failure to deliver will not be considered for any claim, discounts, or charge backs. MITRA RUGS reserves the right to make deliveries in installments. The delivery of part of an order shall not obligate MITRA RUGS to make further deliveries.
7. LEGAL FEES AND COSTS. If MITRA RUGS employs an attorney to enforce collection, specific performance or recovery of damages for breach of the terms of this Sales Contract, by either negotiation or by arbitration or litigation, Customer agrees to reimburse MITRA RUGS for all expenses of such negotiations, arbitration or litigation, including, without limitation, its attorneys’ fees and all other taxable costs.
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