Terms and
Conditions

All products offered by Coastal Surfaces, LLC (the "Company") are sold and provided to you (the "Buyer") subject to the following terms and conditions (the "Terms").  Buyer understands and agrees that the Company fills Buyer's order(s) subject to these Terms and that the Company would not provide any products to Buyer without Buyer's agreement to these Terms.  By ordering and accepting product(s) from the Company (the "Product(s)), Buy erred vocally acknowledges its assent to the terms and conditions listed below and agrees to be legally bound by these Terms. These Terms apply to any and all purchases of Products or Services regardless of whether or not the Terms are signed by the Buyer.  

PLEASE READ THESE TERMSCAREFULLY BEFORE PURCHASING ANY PRODUCTS OR SERVICES OR USING OUR WEBSITE.

Section 1:  Payments

(a) All prices, discounts, and promotions posted by the Company are subject to change without notice.  The price charged for a product will be the price in effect at the time the order is placed and will be set out in your sales receipt.  Posted prices do not include taxes or any applicable delivery charges.

(b) Terms of payment are within our sole discretion and, unless otherwise agreed in writing, payment must be received by us before our acceptance of an Order.

(c) No variation in the Terms of an Order that has been placed shall be binding unless agreed in writing between the authorized representatives of the Buyer and the Company.

 Section 2:  Delivery

 (a) The Company will arrange for delivery of the products to the Buyer by an outside freight carrier.  Delivery charges vary and will be incorporated into the agreed upon sales order. Delivery charges are reimbursement for the costs the Company incurs in the processing, handling, packing, shipping, and delivering the Order.

(b) The Buyer is responsible for offloading the products from the freight carrier upon delivery.  

(c) Title and risk of loss pass to the Buyer when the Buyer's Order is transferred to the outside freight company.      

Section 3:  Refunds and Returns

(a) With exceptions contained herein, all sales are final.

(b) The Buyer shall promptly inspect the products upon delivery.  If the Buyer identifies a manufacturing defect, the Company will cover the cost of return and submit a warranty claim.

(c)  If the Buyer identifies product defects not covered by a warranty, the Buyer shall complete a return authorization form.  If the defect is determined to be covered by a manufacturer's warranty, the Company will cover the cost to return the product.  If the defect is not a manufacturing defect, the If the defect is not a manufacturing defect, the Buyer is responsible for returning the product and will not be reimbursed for charges incurred in doing so.

(d) Returned products (other than products with manufacturing defects) will be subject to a restocking fee, which will vary based on the materials and quantities.  

(e) Installation of the product shall equal acceptance of the product.

Section 4:  Warranty

(a)  Company is a distributor of flooring and does not provide any warranties for any products that it distributes.  The manufacturers and suppliers of the products we distribute provide their own limited warranties that are generally available to our customers upon request.

Section 5:  Governing Law and Jurisdiction

Any claims arising out of or related to this Agreement shall be governed by Massachusetts Law and subject to the jurisdiction of Massachusetts Courts.

Section 6:  Dispute Resolution

ANY CLAIM, DISPUTE, ORCONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PRE-EXISTING,PRESENT OR FUTURE, AND INCLUDING STATUORY, CONSUMER PROTECTION, COMMON LAW,INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISINGFROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS FROM US WILL BERESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THEAMERICAN ARBITRATION ASSOCIATION.

Section 7:  Assignment

The Buyer is prohibited from assigning any of their rights or obligations under these Terms without prior written consent of the Company.  Any purported assignment shall have no effect on the Buyer's rights or obligations under these Terms.

Section 8:  No Waivers

The failure by us to enforce any right or provision of these Terms will not constitute a waiver of our righto do so in the future. The waiver of any right or provision in these Terms will be effective only if given by us expressly and in writing.

Section 9:  Third Party Beneficiaries

These Terms do not and are not intended to confer any rights or remedies upon any person other than the Buyer and the Company.

Section 10:  Notices

(a) To Buyer:  Notice to the Buyer is deemed effective if sent by email to the email addresses provided to the Company, or by any other manner used in the ordinary course of trade or commerce.

 (b) To Company:

 Section 16:Severability.  If any provision of these Terms is invalid, illegal, void, or unenforceable, then that provision will beseemed severed from these Terms and will not affect the validity or enforceability of the remaining provision of these Terms.

Section 17:  Entire Agreement.  The Sales Order, these Terms, and any applicable warranty will be deemed the final and integrated agreement between the Company and the Buyer on any matters related to these terms.