Monster Wide Plank CONTRACT FOR SALE OF GOODS & GENERAL TERMS AND CONDITIONS
All bids are made on the assumption that the sub-floor for the project is solid, level and in good condition. If unexpected pre-work is discovered with the sub-floor before the installation of your new floor, the owner or responsible party will be informed and a Change Order will be issued.
Terms: IN STOCK ORDERS: 100% deposit for material will be due when Monster Wide Plank has the material in stock and pulls from the inventory to reserve for a job. 100% payment for material will be due before pickup, shipment or delivery to client. When ordering material that will take some time, 60% deposit for material is required upon order, remaining balance for material will be due upon date material arrives at Monster WidePlank or other locations. Payment for installation/finish: 50% deposit, balance due 15 days after completion of installation.
Storage charges due to construction delays will be billed at the rate of $50.00 per pallet per month after 30 days. If order is a direct shipment, final payment will be due when order is in customs and shipment will not proceed without 100% payment.
PURCHASER understands that any changes which may be made to the agreed upon plans and specifications may result in additional costs for labor, material or both.
PURCHASER agrees to pay such additional costs upon presentation of billing by Monster Wide Plank.
BOTH PARTIES agree NO modification to this contract shall be enforceable unless it is in writing and signed by both parties.
All prices that are based on plans or measurement provided by PURCHASER are subject to increase in the event of any inaccuracies or changes therein. All quantities, measurements and waste factors in this proposal must be carefully reviewed and, if necessary, increased or decreased according to contractor’s specifications.
Invoices not paid within terms will be assessed a late fee of 1.5% per month or an annual rate of 18% on the unpaid balances together with all costs and reasonable attorneys fees required for the collection of the unpaid balances. PURCHASER agrees: (i) to remove all furniture, fixtures and appliances so that Monster Wide Plank shall have clear access to the work areas; (ii) to have all work areas broom cleaned and ready for the floor layers and/or finishers when they arrive. Unless explicitly specified otherwise, this contract DOES NOT include sub-floor preparation.
PURCHASER accepts responsibility for materials delivered to job site in good order by Monster Wide Plank or its suppliers and agrees to provide protection against theft and damage from the elements.
PURCHASER understands that in-floor-radiant heating systems must be 100% functional with working thermostats before the wood flooring installation begins. The surface temperature of wood flooring should never be hotter than 82°F per our manufacturers. Warranties, if any, are voided by overheating of the floor.
For installation of raw wood flooring – the in-floor-radiant heat must be turned off until the installation of the wood flooring has been finished. This is the Contractor’s or Purchaser’s responsibility. Wood is a natural gift of nature. You should expect the following:
- Color variations and grain patterns will vary from samples or pictures Expect a beautiful and natural inconsistency that was created in a living tree.
- If you’ve chosen to stain your wood it will absorb differently on heavy and open grained sections of the
- Color changes due to the effects of ultra violet rays from the Typically, it will attain a more golden color.
- Hardwoods will hold up well to normal usage but will indent under high-heel traffic and other unusual
PURCHASER must understand that the Natural Hardwax and Natural Oil finishes require regular maintenance and specific cleaning solutions. A lower maintenance option of polyurethane finish is also available. Please contact Monster Wide Plank to understand Flooring in a Cold and Dry Climate and the Care and Maintenance instructions.
Before PROTECTION: A walk through with Monster Wide Plank and on-site supervisor to sign off on wood flooring is required.
PURCHASER hereby releases Monster Wide Plank and its employees, owners, agents, officers, and directors from all liability or damages resulting from any and all work performed on the premises after the walk-through, including, but not limited to: painting, dry-walling, construction, moving furniture or appliances, and other various activities that could affect a new wood floor. Protecting of wood flooring is not included (except otherwise agreed to). If protection is included in your estimate, it is for one time covering of the floor with protection only and not ongoing maintenance of the protection during construction.
Limited Warranty: Monster Wide Plank agrees to furnish the materials specified in the contract and to complete all work called for in a professional and workmanlike manner, according to standard practice in the industry. Monster Wide Plank disclaims any and all other warranties, whether express or implied by operation of law or otherwise, regarding its labor.
PURCHASER understands, acknowledges, and agrees that the only warranty provided to PURCHASER with regard toproducts and materials is the express warranty from the manufacturer (the “Manufacturer’s Warranty”), which is attached hereto and by this reference incorporated herein, and that there is no warranty whatsoever from Monster Wide Plank for anyflooring, finish, or other product or materials supplied under this Agreement. Monster Wide Plank hereby expressly disclaims any and all warranties, whether express or implied by operation of law or otherwise, including without limitation warranties of merchants ability and fitness for a particular purpose, regarding products or materials.
In addition, Monster Wide Plank makes no warranty (whether express or implied, including any warranty of merchantability or fitness for a particular purpose) on any finish applied on the jobsite by other than Monster Wide Plank personnel. If flooring is to be installed or finished by anyone other than Monster Wide Plank personnel, Monster Wide Plank relinquishes responsibility for materials upon delivery to the jobsite or finishing company.
Delay in or Loss of Shipment: In the event of a failure or delay in delivery of the products due to any cause, including Force Majeure, that exceeds 90 days from the anticipated date of delivery, PURCHASER has the right, upon written notice to Monster Wide Plank, to demand immediate repayment of the amount of the Deposit actually paid by PURCHASER to Monster Wide Plank with respect to such shipment and terminate this Agreement. Notwithstanding anything in this Contract or at law or in equity to the contrary, such rights will constitute PURCHASER’s sole recourse or remedy with respect thereto and will constitute Monster Wide Plank’s sole liability with respect to such late delivery or failure to deliver such shipment.
Consequential Damages: PURCHASER understands and agrees that in no event shall Monster Wide Plank be liable for incidental or consequential damages or other losses arising out of this Contract or this transaction.
Returns and Cancelled Orders: Once a custom order is placed, it is custom for that project. No cancellations, quantity reductions or other changes will be accepted. This order will need to be paid in full. Returns on non-custom orders are only allowed when it is expressly allowed in writing by Monster Wide Plank. If a return is allowed, a restocking fee, return shipment fee and a fee for some portion of the order will be determined by Monster Wide Plank and will be due from the PURCHASER.
Arbitration: The parties hereby agree to submit all controversies, claims and matters of difference arising under this Contract to arbitration. Without limiting the generality of the foregoing, the following will be considered controversies for this purpose: (a) all questions relating the interpretation, performance, or breach of this Contract, (b) all questions relating to any representations, negotiations and other proceedings leading to the execution hereof, (c) all statutory, common law and other claims arising out of the foregoing, (including all claims relating to and liabilities arising under environmental laws), and (d) all questions as to whether the right to arbitrate any such question exists. Arbitration hereunder will be by one independent and impartial arbitrator in Delaware (as specified by Monster Wide Plank) and will be governed by Delaware law, without regard to Delaware conflicts of law rules. Arbitration will be conducted in accordance with the then-applicable Commercial Arbitration Rules of the American Arbitration Association. The costs of the arbitration, including the fees of the arbitrator, will be borne equally by the parties.
THE PARTIES ACKNOWLEDGE THAT RESOLUTION OF DISPUTES BY MANDATORY BINDING ARBITRATION IS THE SOLE AND EXCLUSIVE REMEDY OF THE PARTIES, AND THE PARTIES WAIVE TRIAL BY JURY.
Where a conflict exists between the terms of this contract and any Subcontractor Contract provided from Purchaser, the terms of this contract shall prevail.
Disclaimer: Upon delivery you accept full responsibility for this product. After delivery Monster Wide Plank shall not be responsible for damages, including damages occurring at the job-site, nor does it insure the product.
Thank you for your business!
Agreed to and accepted by PURCHASER as of the date entered below: