The parties entering this agreement (hereinafter "Agreement") are LA Hardwood Flooring, Inc. (hereinafter "Seller") on the one hand and the business and/or individual identified under "Company Name" within this application (hereinafter "Buyer") (hereinafter Seller and Buyer known collectively as "Parties" The Parties agree that in any action for collection of monies due under this Agreement, the prevailing party shall be entitled to any and all costs incurred in the process of collecting such monies due, including but not be limited to attorneys' fees incurred in such collection efforts. This prevailing party attorneys' fees and costs provision shall be limited only to legal actions for collection of monies relative to this Agreement. This provision shall not apply to any other types of legal actions except for an action to collect monies due under this Agreement. This agreement shall be governed and construed in accordance with the laws of the State of California and each party hereby submits exclusively to the jurisdiction of the State of California, county of Los Angeles. Each party hereby submits to the exclusive jurisdiction and venue of any State or Federal court sitting in the County of Los Angeles, California. Any legal action brought relative to this Agreement shall be filed exclusively in the Federal and/or State courts in the County of Los Angeles. The Parties hereby submit to the personal jurisdiction of the State of California, county of Los Angeles. The person signing on behalf of Buyer represents that he/she has the requisite authority to enter into this Agreement on Buyer's behalf and to bind Buyer to the terms of this Agreement.
Buyer may return any items purchased back to Seller, within 30 days of delivery of such items to Buyer, for a store credit only. Seller will only accept returns of items which are in their original, unopened box and undamaged. Seller shall deduct a 25% restocking fee for any returned items. The store credit shall expire on the 90th day from the date that the store credit is provided by Seller to Buyer. Once the store credit expires, it shall become null and void. Buyer shall pay Seller $35 for any returned and/or NSF checks. Any merchandise leaving Seller's premises and/or being delivered to Buyer, shall be considered damage free prior to leaving Seller's premises and/or being delivered to Buyer. Buyer must check the merchandise before it leaves Seller's premises and report any existing damage to the merchandise to Seller, in writing, before the merchandise leaves Seller's premises. Once the merchandise leaves the Seller's premises, Buyer waives any and all rights to claim that the merchandise was damaged in any manner whatsoever and accepts full liability for any damages to the merchandise. If the merchandise is delivered to Buyer, then Buyer must check the merchandise during the merchandise's delivery to Buyer and report any existing damage to the merchandise to Seller, in writing, before the completion of the delivery to Buyer. Once the delivery of the merchandise to Buyer is complete, Buyer waives any and all rights to claim that the merchandise was damaged in any manner whatsoever and accepts full liability for any damages to the merchandise. The Parties agree to be bound by the terms of this Agreement relative to any future purchases of merchandise by Buyer from Seller. The Parties agree that the terms of this Agreement shall apply and govern any future purchases by Buyer from Seller.