PAYMENT: Shoreline Flooring Supplies and our partner entities, including CISCO Flooring Supplies, require customers to make payment arrangements in advance. Credit terms must be pre-approved and may be discontinued at the sole discretion of Shoreline Flooring Supplies and our partner entities, including CISCO Flooring Supplies. Payments are due at time of purchase or if on credit, within thirty (30) days of purchase. Shoreline Flooring Supplies and our partner entities, including CISCO Flooring Supplies, reserve the right to assess a service charge of 1 1/2% per month on amounts not timely paid. All returned checks, including but not limited to NSF, Stopped Payment or Closed Account checks, are subject to a 5% or $25 fee, whichever is greater. In the event Shoreline Flooring Supplies and/or our partner entities, including CISCO Flooring Supplies takes any action, with or without suit, to enforce these terms of sale, Customer shall be responsible for Shoreline Flooring Supplies' and our partner entities' costs including its reasonable attorney’s fees incurred through trial and any appeals. Exclusive jurisdiction for any legal action shall be a court of competent jurisdiction.
Shoreline Flooring Supplies and our partner entities, including CISCO Flooring Supplies DISCLAIMER OF LIABILITY - PICKUP, TRANSIT, DELIVERY AND USE: Customer understands and acknowledges that it must make proper hauling arrangements if it decides to pick up any purchased materials. Likewise, Customer’s selection and intended use of materials purchased from Shoreline Flooring Supplies and/or our partner entities, including CISCO Flooring Supplies, is Customer’s own decision. Shoreline Flooring Supplies and our partner entities, including CISCO Flooring Supplies provide no advice in this regard. Shoreline Flooring Supplies and our partner entities, including CISCO Flooring Supplies are not responsible for calculating coverages. All quantities ordered are the sole responsibility of Customer and any information provided by Shoreline Flooring Supplies and/or our partner entities, including CISCO Flooring Supplies are gratuitous, general in nature and not intended to be relied on by Customer. Shoreline Flooring Supplies and our partner entities, including CISCO Flooring Supplies provide no advice in this regard. It is unequivocally agreed and understood as follows: (1) that Shoreline Flooring Supplies and our partner entities, including CISCO Flooring Supplies are not an insurer; (2) that payments made pursuant to the instant transaction or transactions are based solely upon the value of the goods purchased herein and nothing else; and (3) that it is the intention and understanding of the parties that Shoreline Flooring Supplies LLC and our partner entities, including CISCO Flooring Supplies and their agents assume no obligation, liability, or responsibility whatsoever for: (i) any claims, costs, liabilities, damages or expenses asserted against or incurred by Customer, or its agents, or; (ii) any cause or any liability which otherwise may result or arise: (a) because of injuries to persons or damages to property incurred in connection with or arising out of the pick up, transit, delivery, use or misuse of said materials, (b) by reason of negligence, mistake or misconduct on the part of Shoreline Flooring Supplies and/or our partner entities, including CISCO Flooring Supplies or their agents, (c) which otherwise may be asserted against Shoreline Flooring Supplies and/or our partner entities, including CISCO Flooring Supplies or their agents by virtue of Shoreline Flooring Supplies and our partner entities, including CISCO Flooring Supplies or their agents being a party to the instant transaction or transactions, or (d) any orders, contracts and agreements which are contingent upon or delayed because of circumstances beyond our control.
Customer understands and acknowledges that a) if Customer cancels any order, then Customer shall be responsible for payment of 20% of Shoreline Flooring Supplies’ and/or our partner entities, including CISCO Flooring Supplies' invoice if Shoreline Flooring Supplies and/or our partner entities, including CISCO Flooring Supplies have not yet ordered the materials or 100% of Shoreline Flooring Supplies’ and/or our partner entities, including CISCO Flooring Supplies' invoice if Shoreline Flooring Supplies and/or our partner entities, including CISCO Flooring Supplies have already ordered the materials; b) it shall advise Shoreline Flooring Supplies and/or our partner entities, including CISCO Flooring Supplies in writing at time of contracting with Shoreline Flooring Supplies and/or our partner entities, including CISCO Flooring Supplies of the location of any pipes, objects, structures, cables, lines, or the like which could be damaged by Shoreline Flooring Supplies personnel and/or our partner entities, including CISCO Flooring Supplies personnel or their agents during delivery; and c) it is responsible for providing a hazardous free workplace for Shoreline Flooring Supplies and our partner entities, including CISCO Flooring Supplies with sufficient egress and ingress for delivery.
RETURNS/CLAIMS: No material may be returned to Shoreline Flooring Supplies and/or our partner entities, including CISCO Flooring Supplies without Shoreline Flooring Supplies’s and/or our partner entities, including CISCO Flooring Supplies' prior authorization that Shoreline Flooring Supplies and/or our partner entities, including CISCO Flooring Supplies may withhold in its sole discretion. If Shoreline Flooring Supplies and/or our partner entities, including CISCO Flooring Supplies agree to accept returned materials, they must be returned within 30 days of the date the materials were received. With ALL returns, Customer will be responsible for a handling and restocking charge per the company Return Policy. As to damaged or defective material or shortages, Customer must notify Shoreline Flooring Supplies and/or our partner entities, including CISCO Flooring Supplies upon Customer’s pick up of the subject materials or upon receipt if Shoreline Flooring Supplies and/or our partner entities, including CISCO Flooring Supplies or a third party delivers materials to Customer. No claim by Customer shall be greater than the amount of the purchase price of the materials. Shoreline Flooring Supplies’ liability in the case of unsuitable materials is limited strictly to the replacement thereof. Shoreline Flooring Supplies and our partner entities, including CISCO Flooring Supplies shall not be liable for consequential, incidental or special damages. This limitation of liability is expressly intended to apply to all types of claims, including but not limited to, claims for Shoreline Flooring Supplies’s and/or our partner entities, including CISCO Flooring Supplies' own negligence, mistake or misconduct.