TERMS AND CONDITIONS
1. Purchaser shall pay sales and use tax unless a valid resale certificate of exemption is delivered at or prior to sale.
2 . No claims will be considered unless made in writing within five (5) days after delivery, or if not then discoverable then five (5) days after discovery of the claimed defect, but in no event shall the Seller accept the return of non defective goods five (5) days after the delivery. If the floor covering is B grade (same as second category) is sale AS-IS and No Returns are allowed.
3 With respect to floor covering trade purchasers, no claims will be considered unless made prior to installation of the goods. If you install it, you own it absolutely without recourse.
4. The Purchaser agrees to pay, in the event the account becomes delinquent and is turned over to an attorney for collection, reasonable attorney's fees, plus all attendant collection costs and agrees that in the event that suit is filled venue will be in Miami-Dade County, FL.
5 No waiver, alteration or modification of these provisions or those on the invoice enclosed of shall be valid unless in writing and signed by the Seller.
6 A 30 % handling charge will be made on all returns plus any factory handling charges including out not limited to restocking and or freight charges. The material must be in perfect conditions, unopened.
7 SELLER MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLEID, WHETHER OF MERCHANTABILITY FITNESS FOR ANY PARTICULAR
PURPOSE OR OTHERWISE, EXEPT THE LIMITED WARRANTY STATED BELOW AND THE CLAIMS PROVISIONS ABOVE.
8 Seller warrants for a period of one year, from the date of delivery of the goods, that are free from defects which make the goods not fit or the use of which they are normally intended.
9 Seller's only obligation during the warranty period is, at its sole option, either to repair, replace, refund or credit the purchase price of the goods or part thereof found to be so defective.
10 At the conclusion of this warranty period, Seller shall be under no further obligation whatsoever.
11 This warranty is automatically void in the event of negligence, abuse, abnormal usage, misuse, accidents, improper installation, improper maintenance, alteration, or repair by a person other than the Seller, or repair by person other than the Seller, or any circumstance or conduct beyond the control of the Seller, most particularly job-site conditions, for example the temperature of the air conditioner, percentage of humidity, etc. The vendee is responsible for damage caused by water intrusion from any source such as roof leaks or plumbing leaks, hydrostatic pressure or permeation from below slab.
12 The Purchaser is responsible for supplying adequate light and electrical power as may be required for timely execution of the work outlined. No traffic will be allowed in the being surfaced from start of work until 24 hours after finish.
13 The rustic products like Rustic Tobacco, Rustic Wengue and others Rustics goods have a different finish: have spots, marks; this finish imitate a old looking floor. The brazilian teak, cumaru or macaranduba are very unstable and can expand and contract, and any alteration can be possible. Brianmel Corp is not responsible if the ¾” wood floors is glue down, we do not recommend that way to install. The wood like IPE must be in acclimatizing zone for 15 days and can wood's contract. Is an advice to keep the air condition at the same temperature all the time and the same humidity. The Black Birch, Birch, Bamboo, Indonesian Tobacco, Indonesian Wengue, Indonesian Cherry, Br Cherry and Royal Mahogany are considered soft wood floors.
14 Natural products are subject to variation in shade, color and texture.
15 Samples and actual products purchased may vary in shade, color, texture and can bring imperfections.
16 The Seller is not responsible for postponement of scheduled deliveries caused by labor shortage, acts of God, accidents, delays and/or strikes on ports, delays in receiving merchandise from suppliers or civil unrest will not be grounds for cancellation of this invoice by the customer.; the seller is not responsible for the availability of materials specified by this agreement, or delays beyond our control.
17 SELLER IS NOT LIABLE FOR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SALE OR USE OF THE
GOODS, INCLUDING, BUT NOT LIMITED TO ALL LABOR AND/OR MATERIAL CHARGES OR LOSS OF INCOME OR PROFIT RELATION TO THE
GOODS IN ANY WAY WHATSOEVER
18 Credit Card Charge Policy: Once customer or its representative has given Brianmel Corp written authorization to charge a Credit Card, signing this invoice and the credit card receipt, said charge in not cancelable at the request of the customer regardless of any dispute, Disputes will be handed directly with Brianmel Corp and must be submitted in written to our office.
19 A $ 30,00 service charge for returned check.
20 Lost workday caused by customer will be subject to $80,00 minimum trip charge.
21 Brianmel Corp is not responsible for errors in customer's measurements. An additional percentage should be added to any installation, usually between 5% to 15%, but maybe more in specific projects, the customer will accept the measurements that Brianmel Corp, has decided, by signing this invoice.
22 Brianmel Corp will not responsible for any damage to furniture, equipment, appliances, rugs, electronics when moved by customer's request.
23 Brianmel Corp is not responsible for damage to any hidden wiring, including, but not limited to: burglar alarms, stereo alarms. stereo or video cables.
24 Brianmel Corp is not responsible for damage to mirrored walls, neither window treatment..
25 Brianmel Corp is not responsible for removal of existing window treatment
26 And is not responsible for problems with materials provided by the customer.
27 Brianmel Corp. inform you a charge will be applied to cut doors or touch up paint. And a charge will be applied if after the installation has been
started and it's discovered that it's necessary to renew or upgrade the hidden plumbing, for the reason that it's impossible to continue the job.
28 This paragraph has been prepared to inform customers purchasing Ceramic tiles, laminate floor, hardwood floor, vinyl floor, carpet removal or having requested any floor preparation:
A. any unseen major floor preparation will incur additional charges a customer's expense
B. floor preparation consists of lash patching and smoothing, but does not include complete leveling of sub-floor
C. ceramic tile installation that require leveling at the floor for water drainage will be the customer's responsibility
D. floor preparation tile re oval or tile grouting can create dust and debris and it is the customer's responsibility to protect furnishing and electronics, pets.
E. Sound proofing requirements for condominium sub-floors and its approval is customer's ultimate responsibility
F. Deposit for condominium it's customer responsibility
G..Brianmel Corp is not responsible for take care of pets, if they run away for example and is not responsible if the pet have any damage like allergies,
wounds, etc. or dead because of the products used for installations.
H. Brianmel Corp informs that the warranties are directly from the factory. All Claims have to be made directly to the factory.
I. Brianmel Corp informs that it would not accept claims resulting from defective products installed (If product is defective do not install).
29. Lost workday caused by customer will be subject to $100.00 minimum trip charge.
30. No claims on merchandise picked up by customer will be honored after said merchandise has been installed, or altered in any manner.
31. An Additional percentage should be added to any installation, usually between 5%-15%, but maybe more in specific projects, the customer will
accept the measurements that Brianmel Corp., has decided, by signing this invoice.
32.It is understood that carpet installation requires tack strips to be nailed into floors, causing damage..
33. A charge will be applied to the extra services that do not belong to the moment of installation.
34. These are terms and conditions between Brianmel Corp. and the client (Purchaser) for the goods and services that are subject of the invoice printed. Client agrees to pay in full this invoice within the terms of this invoice. Should payment in full of this invoice not to be received within the terms of this invoice, the amount stated herein shall accrue interest from the due date of the invoice at the maximum allowable rate of interest. This invoice shall be governed by and construed according to the laws of the State of Florida. The Purchaser agrees that any litigation under this invoice shall be brought in court of competent jurisdiction in Broward County, Florida. Client agrees to pay all costs of collection for this invoice, regardless of whether a lawsuit is filed, including without limitation court costs and reasonable attorney’s fees.
35.. When a customer left a monetary deposit for any kind of goods or jobs to BRIANMEL CORP. will keep it for 30 days, after that the deposit is not refundable.
36. Composite deck’s warranty is valid for 2 years with correct installation (space between planks, space between concrete base and walls, exposure to weather)
37. No returns for open or damaged items. No returns for moldings as baseboards, crown moldings, chair rails, shoe molding, quarter round, casing, T moldings, reducers, end caps, stair noses.
                                                                                                       NWFA Member