Terms & Conditions

more fine print

Price

Every floor is unique. The price quoted on all proposals is good for 30 days from the date of issuance. The price for your purchase is shown on Customer Invoice. It is valid only at the time it is quoted and for the identified products.

Payment

50% of the invoice price must be paid when you place your order. This deposit is NONREFUNDABLE if you decide to cancel your order for any reason. The balance of the invoice must be paid in full with funds that have cleared at least 7 days before the time of shipment.

Change Fees

Your order is a custom order. After you have placed the order, you may be charged additional fees to change the specifications of the order or require a complete re-quote.  Changes that could require additional fees and/or a re-quote include, but not limited to, the quantity of square footage, species, widths, grade, construction, lengths, colors and stains, surface and edge treatments, shipping and lead times.

Shipment and Acceptance

You must inspect the products at the time of delivery and notify the carrier immediately of any damage, which should be noted on the bill of lading; otherwise, the shipment will be deemed to have been accepted by you. All risk of loss and title transfer from the manufacturer to you upon delivery of the goods to the carrier for shipment. However, the manufacturer will process on your behalf any claims against the carrier if your order is damaged or lost during shipment. The manufacturer will not be responsible for filing a claim with the freight company without a notation on the delivery receipt. NOTE: It is recommended that pictures are taken by you of any damaged material on the carrier.

It is the customer’s responsibility to verify the quantity of the flooring received. Any shortage claim must be filed within 5 days of delivery

 It is the customer's responsibility to inspect and document any visual and/or structural defects upon arrival. Any visual or structural defect claim must be filed with 5 days of delivery.

It is the customer’s responsibility to verify the moisture levels are appropriate (6%-9%). Any moisture claim must be filed within 2 days of delivery. 

Taxes

You are responsible for the calculation and payment in full of all applicable sales or other taxes when due. 

Sample and Wood Color Disclaimer

There are color and pattern variations in all wood. This is characteristic of a living tree. All wood will go through natural color changes from the effects of oxidation and ultraviolet light. In some species such as American Cherry, Walnut and some exotics this color change is more pronounced. This is not a product defect and is not covered by the warranty. If Essex & Co. provided you with one or more samples, they represent the general quality of the wood flooring. Wood is a natural product and therefore you should expect variation in the character, actual color, texture, grain, knots and other features of the final flooring product you purchase. Therefore, the sample is not a warranty or representation and this is not a "sale by sample." 

Site Conditions

You are responsible for ensuring proper site and storage conditions to avoid damage to the products and for proper installation.  THE MANUFACTURER EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR PROBLEMS DUE TO SITE AND STORAGE CONDITIONS, IMPROPER INSTALLATION AND/OR IMPROPER ACCLIMATION FOR THE RELEVANT SITE CONDITIONS.

Delivery Schedule and Storage Fees

The manufacturer makes all reasonable efforts to schedule shipment of your order on or before the estimated date shown on your invoice (if any).  All lead times are estimates and begin from the time a deposit is received. Delivery dates are estimates and the manufacturer will not be responsible for shipment delays caused by the carrier, your inability to accept the goods on the delivery date or other causes beyond our control (force majeure). Should you not accept delivery on the date agreed upon with the shipping company you will be subject to all applicable re-delivery charges, storage fees and charges incurred for the cancelled delivery.

If your floor has been completed and you postpone your delivery, your floor must be paid in full. If your floor is paid, the manufacturer will store your material for an additional 30 days. After 30 days, you will be charged an additional $65/week. If you do not pay for your material, you will be charged $65/week immediately until the material is paid for.

Documents, Severability, Governing Law, Arbitration

These Terms and Conditions apply to this purchase and may not be modified or amended except in writing by the manufacturer.  Any additional or contrary terms proposed by you or contained in any other documentation are expressly rejected.  The manufacturer and supplier is not subject to or bound by any construction contracts or agreements relating to the installation of the flooring.

If any of these Terms and Conditions is determined to be invalid or unenforceable by a court with jurisdiction, then such term will be modified or deleted to the extent necessary to make it enforceable, and the remaining Terms and Conditions will continue in full effect.

Your purchase and these Terms and Conditions will be governed solely by the laws of the State of New Jersey, without application of conflict of laws principles.

Any dispute arising out of the purchase of the manufacturer’s products can be resolved only by mandatory and binding arbitration in the city and state of its location under the rules of the American Arbitration Association.  YOU EXPRESSLY WAIVE THE RIGHT TO TRIAL BY JURY AND TO ANY OTHER MANNER OF DISPUTE RESOLUTION IN ANY OTHER FORUM.