Conditions of Sale
ALL ORDERS ARE CONSIDERED FIRM. SHOULD TO THE TRADE ACCEPT A CANCELLATION OF AN ORDER (WHICH ACCEPTANCE MAY BE WITHHELD BY TO THE TRADE FOR ANY REASON), TO THE TRADE SHALL HAVE THE RIGHT TO RETAIN IN FULL THE DEPOSIT PAID BY BUYER FOR SUCH ORDER. TO THE TRADE WILL NOT ENTERTAIN ANY REQUEST TO ACCEPT CANCELLATION OF ANY CUSTOM OR SPECIAL ORDER.
Unless specifically stated to the contrary, all delivery, packing, crating, shipping, in-transit insurance, local delivery, un-crating and installation charges, cutting of doors, as well as sales or other taxes are in addition to the stated purchase price.
No installation services are included in this order.
Merchandise will substantially confirm to the description hereof, except that such merchandise may vary slightly from description or sample. ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, ARE EXPRESSLY EXCLUDED, INCLUDING THE WARRANTIES OF MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Any oral statements about merchandise made by To The Trade’s employees do not constitute warranties, shall not become a part of this Agreement and shall not be relied upon by Buyer. In no event shall To The Trade be responsible for the correctness of, or be deemed to have made, any representation or warranty of description, size, medium, genuineness, attribution, provenance, authenticity, age or condition concerning the merchandise.
Prices are subject to change without notice until the order is accepted by To The Trade.
Quoted delivery dates are approximate dates only. To The Trade shall not be responsible for any delay in delivery or failure in performance for any cause beyond To The Trade’s control (including, but not limited to, labor disputes, failure or delay of sources to supply, transportation difficulties, accidents, fires or acts of God) or any event which interferes with To The Trade’s normal business operations.
To The Trade is not responsible and Buyer is not relieved of its obligations where on-site conditions or limitations prevent delivery. In all cases, it is the responsibility of Buyer to determine that the size of the completed items can be accepted by elevators, entry doors and other points of entry. To The Trade has the absolute right to rely upon the accuracy of all information, plans, drawings, specifications and measurements provided by the Buyer. To The Trade has no obligation to, nor will it seek to verify the accuracy of any such information.
In no event shall To The Trade be liable for any consequential or incidental damages. In no event shall To The Trade’s liability, for any reason, exceed the amount actually paid by Buyer to To The Trade for the merchandise.
Shading and/or watermarking are natural characteristics of any carpet and are not considered to be defects.
CARPET WITH OBVIOUS DEFECTS SUCH AS DYE LOT VARIATIONS, IMPROPER COLOR AND VISIBLE DAMAGES WILL NOT BE ACCEPTED FOR RETURN ONCE CUT OR INSTALLED BY OTHERS. ALL CLAIMS MUST BE REPORTED WITHIN SEVENTY TWO (72) HOURS OF RECEIPT OF MERCHANDISE.
Freight damage must be reported to the carrier within twenty four (24) hours of receipt of merchandise. Damaged carpet must be signed for accordingly. To The Trade must be advised of all visible damages immediately. All wrappings must be retained until inspection by carrier.
All carpet will be seamed as necessary, unless otherwise instructed in writing by the Buyer.
Where any specific design or construction is produced and supplied to Buyer’s specifications, Buyer agrees to indemnify To The Trade against all actions, proceedings, costs, claims, damages, expenses and demands, whatsoever, arising or resulting from the rights or claims of third parties, including but not limited to, infringement of copyrights, trademarks and design patents.
All monies paid on account of this order shall be credited to the account of the named Buyer. To The Trade’s acceptance of payment from anyone other than Buyer shall be as an accommodation only and shall not create a vendor-vendee relationship express or implied, with any one payee other than the Buyer.
This Agreement sets forth the entire representation between To The Trade and buyer and any and all prior agreements, warranties or representatives made by either party are superseded by this Agreement and cannot be modified, except by a further written notice signed by both Buyer and To The Trade. None of the terms set forth, if any, in Buyer’s purchase order – forms a part of this Agreement.
This Agreement shall be interpreted in accordance with the laws of the State of Georgia. Any action or proceeding involving any dispute or matter arising under the Agreement may only be brought in the United Stated District Court for the Northern District of Georgia, or any Georgia State Court located in the County of Georgia, having jurisdiction over the subject matter or the dispute or matter. To The Trade and Buyer hereby consent to the exercise or personal jurisdiction by any such courts with respect to any such action or proceeding. To The Trade and Buyer waive any claim that any action or proceeding brought in any such court has been brought in an inconvenient forum.
If any provision of this Agreement is declared invalid by any tribunal, the remaining provisions of the Agreement shall not be affected thereby.
CARPET WITH OBVIOUS DEFECTS SUCH AS DYE LOT VARIOUS, IMPROPER COLOR, SHORTAGES, ERRORS OR VISIBLE DAMAGES WILL NOT BE ACCEPTED FOR RETURN ONCE OR INSTALLED BY OTHERS. ALL CLAIMS MUST BE REPORTED WITHIN TWENTY-FOUR (24) HOURS OF RECEIPT OF MERCHANDISE.
To The Trade will not accept claims for labor costs.
Custom and special orders may not be canceled.
The highest quality of workmanship is employed in the production of our products. Proper care and cleaning of your To The Trade Carpet or Rug is important to maintain its appearance and integrity. Kindly review and follow the information in the Care document posted at tothetradeusa.com/care, contact customer support.
Careful inspection is made before shipment; however, final inspection and approval are the ultimate responsibilities of the customer. Immediately upon receipt, customer should open shipment and check if number, color, face and description are correct and correspond with the decorator’s order. Correct design and color should be checked again before the product is cut or installed