Terms and Conditions of Sale
Returns subject to re-stocking fees are allowed within 30 days of original purchase date for stocked products and will be refunded as store credit. At store manager’s discretion returns will be refunded to the original method of payment. Returns are NOT allowed for special order, custom products, clearance products, or products sold AS-IS. All material must be returned un-used in unopened original packaging fit for resale. All returns are subject to store manager’s discretion which is final.
Terms & Conditions
Any sale of flooring and/or related products (“Goods”) by RW Supply and Design, LLC. (“RWS&D”) to Buyer is made on the express condition that Buyer agrees to the terms and conditions set forth below, whether or not they are different or additional to any terms and conditions proposed by Buyer.
- Deliveries: Unless otherwise specified on the sales order acknowledgement, the following applies: (a) the Goods will be delivered FOB place of shipment; (b) shipment will be made by the method or carrier deemed most feasible by RWS&D; (c) freight will be charged on all shipments. Freight charges are based on rates prevailing at the time of shipment (Rates may increase or decrease between the time of the sales order acknowledgement and the time of shipment).
- Visible damage or shortage: Quantities and condition are to be checked at the time the shipment arrives at the destination. Damaged shipments should not be refused as this would result in additional freight charges (back to the point of origin). Damage to the Goods resulting from transportation or shortages should be noted on the bill of lading or the delivery receipt by the consignee and the signature of the delivering carrier’s driver obtained thereon acknowledging the damage or shortage. All damage or shortage claims are to be promptly reported to RWS&D which will assist Buyer in promptly filing their claim with the carrier. Later reports of visible damage or shortage may not be honored by the carrier.
- Special orders: Special orders may be subject to a non-refundable deposit.
- Returns: All returns must be approved in advance and in writing by RWS&D.
- Payment terms: Unless specified otherwise on the invoice, payment is due 30 days from the date of invoice. Payments are accepted by ACH, credit card (American Express, Discover, MasterCard, or Visa), or by check (RWS&D may suspend shipment until check has cleared the bank) mailed to 1054 Chestnut Bend, West Plains, MO 65775.
- Discounts: Cash discounts may be offered on Goods as an incentive for early payment. To qualify, payment must be received or postmarked by the discount date specified in the invoice. Cash discounts may not apply to purchases with a credit card. They do not apply to freight charges.
- Finance charge: A finance charge may be assessed on any past due balances at a rate of 1.5% per month (18% per annum) or the maximum allowable by law, whichever is lower. Accounts with a past due balance or in excess of RWS&D’s credit limit may not be shipped additional Goods until satisfactory arrangements have been made with RWS&D’s credit department.
- Taxes and freight charges: In addition to the agreed price for the Goods, Buyer will pay/reimburse RWS&D for the amount of any taxes (e.g., sales, use, excise or similar tax) relating to the sale of the Goods and any freight charges (e.g., detention, residential delivery, lift gate, stop-over, lot loading, demurrage or similar charges relating to the transportation or storage of the Goods), which RWS&D may be obligated to pay initially.
- Credit limits and adjustments: Credit limits are based on RWS&D’s review/investigation of Buyer’s application, financial statements, consumer and business credit bureau reports, references, and/or other relevant information. Credit limits may be adjusted based on subsequent payment record or other relevant financial information. Failure to make payments within terms may cause Buyer’s credit limits to be reduced, suspended or cancelled and the balance of the account to be immediately payable. Buyer recognizes and agrees that RWS&D may report the status of delinquent accounts to established credit bureau agencies.
- Collection expenses, governing law and venue: If Buyer’s delinquent account is placed for collection, Buyer agrees to pay all costs of collection, including reasonable attorney fees. This entire agreement shall be deemed to have been made in Missouri and be governed by the applicable Missouri law. The venue for any litigation between the parties shall be the Circuit Court of Howell County, Missouri.
- Exclusion/disclaimer of warranties: RWS&D is a not a manufacturer and thus ISSUES NO WARRANTIES AND SHALL NOT BE SUBJECT TO ANY WARRANTIES concerning the Goods, WHETHER EXPRESS OR IMPLIED WARRANTIES (OF MERCHANTIBILITY OR OF FITNESS FOR A PARTICULAR PURPOSE). This disclaimer does not affect the manufacturer’s warranties concerning the Goods.
- Buyer’s exclusive remedies: Any claim of Buyer against RWS&D relating to the Goods shall not exceed and be limited to RWS&D’s obligation to furnish conforming Goods of the kind and quantity that Buyer ordered, or, at RWS&D’s option, refunding to Buyer the purchase price for those Goods that are non-conforming. Buyer agrees that RWS&D IS NOT LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR FOR LOST PROFITS.
- Entire agreement, modification, severability: This document and the documents referenced herein constitute the entire terms and conditions applicable to RWS&D’s sale of Goods to Buyer. No modification of these shall be effective unless in writing and signed by an authorized agent of RWS&D. If any part of these terms and conditions is found invalid by a court, the parties agree that the remainder of the agreement shall remain enforceable.