Delivery, Warranty and Service Terms
DISCLAIMER OF WARRANTY:
WE MAKE NO WARRANTY OF ANY KIND EXPRESSED OR IMPLIED, INCLUDING NO WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, USAGE OR TRADE, TO ANY PERSON OR ENTITY WITH REGARD TO THE GOODS COVERED HEREBY AND FORBID PURCHASER TO REPRESENT OTHERWISE TO ANYONE WITH WHOM IT DEALS.
RETURN POLICY:
MATERIAL CAN BE RETURNED WITHIN 12 DAYS AFTER THE ORDER WAS DELIVERED / PICKED UP WITH A RESTOCKING FEE OF 21% OR TO BE CANCELED IN 24 HOURS AFTER THE ORDER WAS PLACED WITH NO FEE - AFTER 24 HOURS THE 21% FEE WILL BE KEPT FROM REFUND.
IN CASE IF THE MATERIAL ORDERED IS SPECIAL ORDER - THE RETURN OF IT IS NOT POSSIBLE AND TO CANCEL THE ORDER AFTER 24 HOURS WILL HAVE THE 40% FEE KEPT FROM REFUND.
NOTE: NO REFUND WILL BE MADE FOR DELIVERY COST AND IN SOME CONDITIONS, CUSTOMER WILL HAVE TO PAY FOR REFUND THE MATERIAL.
EXCLUSIVITY OF REMEDY: LIMITATION OF DAMAGES.
THE SOLE AND EXCLUSIVE REMEDY OF PURCHASER FOR THE DEFECTIVE GOODS OR SERVICES SHALL BE, AT OUR OPTION, REPAIR, REPLACEMENT OR REFUND OF THE PURCHASE PRICE. WE SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, ANY CLAIM FOR BREACH OF WARRANTY (EXPRESSED OR IMPLIED), TORT (INCLUDING NEGLIGENCE) OR STRICT LIABILITY, FOR ANY ACTUAL, INCIDENTAL, CONTINGENT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR OUT OF THE GOODS PURCHASED HEREUNDER, INCLUDING BUT NOT LIMITED TO NO LIABILITY FOR LOSS OF PROFITS OR REVENUE, LOSS OF USE OF GOODS, COST OF CAPITAL, COST OF SUBSTITUTES, ADDITIONAL COST INCURRED BY PURCHASER OR CLAIMS OF PURCHASER’S CUSTOMERS OR OTHER THIRD PARTIES FOR DAMAGES.
IN ADDITION, LEVIARS FLOORS & INTERIORS LLC (LEVIARS FLOORS) WILL NOT BE RESPONSIBLE FOR ANY LOSSES OR LIABILITY RESULTING FROM DELAYS IN MANUFACTURING OR TRANSPORTATION OF PRODUCT, OR ANY OTHER INCIDENT OCCURRING BEYOND OUR CONTROL.
TERMS OF SALE, UNLESS OTHERWISE SPECIFIED ARE SET FORTH ON THE FRONT OF THIS DOCUMENT. PAYMENTS NOT RECEIVED BY THE DUE DATE SPECIFIED BY THE TERMS OF SALE ON THIS DOCUMENT ARE SUBJECT TO A SERVICE CHARGE OF ONE AND ONE-HALF PERCENT (1 1⁄2%) PER MONTH. THIS SERVICE CHARGE WILL BE IMPOSED ON ALL PAST DUE ACCOUNTS. ANY ACCOUNT BEARING TWO (2) CONSECUTIVE SERVICE CHARGES WILL BE SUBJECT TO COLLECTION PROCEDURES.
PURCHASER AGREES TO PAY UPON DEMAND ALL OF THE SELLER’S COSTS AND EXPENSES, INCURRED IN CONNECTION WITH THE ENFORCEMENT OF THIS TERMS OF SALE AGREEMENT. INCLUDING, BUT NOT LIMITED TO, ANY LAWSUIT SELLER BRINGS TO COLLECT SUMS HEREUNDER FROM PURCHASER. SELLER MAY PAY SOMEONE ELSE TO HELP ENFORCE THIS TERMS OF SALE AGREEMENT AND PURCHASER SHALL PAY ALL OF THE SELLER’S COSTS AND EXPENSES OF SUCH ENFORCEMENT.
AS USED HEREIN, “SELLER’S COSTS AND EXPENSES” INCLUDE ALL OF SELLER’S ATTORNEYS FEES, PARALEGAL FEES, EXPERT WITNESS FEES, AND LEGAL EXPENSES, WHETHER OR NOT ANY LAWSUIT IS FILED, AND SHALL FURTHER INCLUDE ALL SUCH FEES, AND LEGAL EXPENSES INCURRED CONCERNING ANY LAWSUIT, DEPOSITIONS, COURT, APPEAL, TRIAL PROCEEDINGS OR HEARINGS AND SUCH ADDITIONAL FEES AS MAY BE DIRECTED BY THE COURT.