Conditions of Sale
Terms & Conditions of Sale:
- ALL ORDERS ARE CONSIDERED FIRM. SHOULD STARK CARPET CORP (“STARK”) ACCEPT A CANCELLATION OF AN ORDER (WHICH ACCEPTANCE MAY BE WITHHELD BY STARK FOR ANY REASON), STARK SHALL HAVE THE RIGHT TO RETAIN IN FULL THE DEPOSIT PAID BY BUYER FOR SUCH ORDER. STARK 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 unless specifically noted.
- 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 Stark's employee or agents do not constitute warranties, shall not become a part of this Agreement and shall not be relied upon by Buyer. In no event shall Stark 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 Stark.
- Quoted delivery dates are approximate dates only. Stark shall not be responsible for any delay in delivery or failure in performance for any cause beyond Stark'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 Stark's normal business operations.
- Stark 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. Stark has the absolute right to rely upon the accuracy of all information, plans, drawings, specifications and measurements provided by the Buyer. Stark has no obligation to, nor will it seek to verify the accuracy of any such information.
- In no event shall Stark be liable for any consequential or incidental damages. In no event shall Stark's liability, for any reason, exceed the amount actually paid by Buyer to Stark for the merchandise.
- Any carpet not accepted for delivery within (30) days after notification is subject to storage charges as determined by Stark.
- All custom orders are subject to mill overage.
- Buyer will be liable for all reasonable costs, expenses and fees, including attorney's fees, incurred by Stark in collecting monies due here-under.
- Any action for Stark's breach of this Agreement must be commenced by Buyer within six (6) months after the cause of action has occurred.
- 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.
- Wilton or Axminster carpets may have high or low wires. These are considered to be inherent characteristics of a woven carpet and are not defects.
- Fluffing and sprouting of yarns are textile phenomena and will be serviced if Stark is informed within six (6) months of delivery.
- Freight damage must be reported to the carrier within twenty four (24) hours of receipt of merchandise. Damaged carpet must be signed for accordingly. Stark 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 Stark 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. Stark'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 Stark 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 Stark. 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 New York. 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 Southern District of New York, or any New York State Court located in the County of New York, having jurisdiction over the subject matter or the dispute or matter. Stark and Buyer hereby consent to the exercise or personal jurisdiction by any such courts with respect to any such action or proceeding. Stark 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, FABRIC, WALLCOVERING OR OTHER PRODUCTS 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.
Upon receipt of the return shipping label, returns must be sent to Stark Distribution Center, 200 Boling Industrial Way, GA 30701-3650, Tel. (706) 624-0082
- Stark will not accept claims for labor costs.
- ALL RETURNS MUST BE AUTHORIZED BY STARK IN WRITING.
FOR ONLINE ORDERS OF FINISHED RUGS THERE IS NO RESTOCKING FEE, IF RETURNED IN GOOD CONDITION WITHIN (14) DAYS OF RECEIPT.
AUTHORIZED RETURNS ARE SUBJECT TO A 25% TO 50% RESTOCKING CHARGE.
NO FABRIC OR WALLCOVERING RETURNS:
- Beyond 30 days from invoice date
- No less than 10 rolls or 6 yards of wallcovering or less than 6 yards of fabric
- On plain ground stock
- On imported, special orders or custom orders
- On treated wallcovering/ fabric
- On cut yardage
- On opened rolls
- On discontinued items
- On limited stock items