Terms of Service
Paulson Enterprises, Inc., a Washington corporation d.b.a. The Floor Trader of Tacoma (“Seller”) is the Seller of the goods (described in the Purchase Order (“Goods”). The person or business that placed the order, and paid for the material, is the Buyer. The sale of the Goods is subject to the following terms and conditions of sale.
- Payment Terms: The full amount of the Purchase Price (including all applicable sales and use taxes) is due prior to the delivery of the goods to Buyer. Washington State sales tax will be charged on all purchases. Buyer is responsible for paying their independent installer directly. The Floor Trader does not do installation, we are a material only provider. Price includes a cash discount. If you would like to use a credit card or debit card, Floor Trader has a 3% convenience fee.
- Refunds and Returns: Generally, Seller will allow for the return of some Goods within 30 days of the date of delivery. Goods which were special ordered or cut from rolled inventory (like carpet or sheet vinyl flooring) are not returnable or exchangeable. Any unopened boxed flooring, or in stock transitions which have been purchased from in store stocking inventory are returnable subject to a 25% restocking fee, subject to physical inspection and managers approval. Open boxes of material, all ceramic tile, installation supplies, sundries, and all online sales are not returnable. All countertop fabrication and installation are non-cancellable or refundable. All claims for damaged Goods or for shortages must be made with ten (10) days of the date of delivery. A copy of the packing slip or the original order must accompany all returned items. Buyer must deliver the Goods to Seller, at Buyer’s expense, in a new and resalable condition. Refunds will be made either to the same credit card that was used to make the purchase or by company check within ten (10) business days. Shipping or delivery charges are not refundable. All material ordered in for customer incurs a minimum. $49.00 freight charge. All material sold as liquidated, remnants, irregular, mill seconds, closeouts, or “as-is” are final and non-returnable. These materials come with no warranty. All material, including deposits on orders, that are not picked up within 90 days shall be considered abandoned. All orders are to be picked up by the customer or their installer within 2 weeks of receipt by the store. Storage fees will be assessed at a rate of $50 a day, starting on day 15 of delivery to store.
- Delayed Delivery: Seller shall not be liable for any delays in the delivery of the Goods whether by production delays or by delivery delays. If Seller is unable to deliver the Goods through Seller’s normal sources of supply, within sixty (60) days of the date of the acceptance of the order by Seller, Buyer shall have the right to cancel its order with Seller, at Buyer's discretion. This shall be Buyer's sole and exclusive remedy against Seller for any failure to timely deliver the Goods.
- Hard Surface Materials: Seller shall not be liable for any problems of acclimation of product. All products must be acclimated and installed per the manufacture’s specifications. The customer and or their independent installer take full responsibility for the acclimation and the moisture content level of the product and the subfloor. This applies specifically to laminate and hardwood flooring. As per industry guidelines, the subfloor for hardwood flooring cannot be more than 12% to 14% moisture content. Also, between the sub-floor and the wood being installed there should not be a moisture difference of more than 4%. For further information, please refer to www.nofma.org for installation guidelines. All flooring MUST BE inspected and approved by the customer for color and grade at the time of installation. Any flooring installed will be considered acceptable. No claims will be allowed based on visual appearance after installation.
- No Warranty: Seller does not warranty, beyond manufacturer’s warranty, the materials or labor. All warranties relating to defects in the materials are made solely by the manufacturer of the materials. Seller will assist Buyer in asserting warranty claims against the manufacturer. Any arrangements for the installation of the goods shall be between Buyer and the installer. Seller shall not be liable to Buyer for any defects or delays in the installation of the goods.
SELLER EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SELLER SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES SUFFERED OR INCURRED BY BUYER. NEW FLOORING PRODUCTS CAN EMIT ODORS THAT HAVE BEEN KNOWN TO IRRITATE SENSATIVE PEOPLE. BUYER SHOULD ENSURE PROPER VENTILATION UNTIL ODORS SUBSIDE. PLEASE REFER TO MANUFACTER AND INDUSTRY WARNINGS.
- Release of Claims: Buyer agrees that it will not assert against Seller, any claims based upon product liability, for bodily injury or for economic injury to Buyer, or to any member of Buyer's immediate family, which in any way relates to off- gassing or other release of volatile chemicals from the Goods.
- Litigation: The venue for any litigation concerning the Order shall be in the Superior Court of the State of Washington for Pierce County. Any claims must be commenced within one year of the contract. This Agreement and the terms of the Order shall be construed and enforced under the laws of the State of Washington. The prevailing party in any such litigation shall be entitled to the recovery of its costs and expenses of litigation, including reasonable attorney’s fees.