David Shaw Nicholls

CONDITIONS OF SALE

All orders are considered firm and any cancellation accepted by David Shaw Nicholls in writing is subject to forfeiture of deposit.
No charge backs, re-applications nor deductions allowed without the written consent from David Shaw Nicholls. Custom and special orders are made ‘to order’ specifications and are non cancellable immediately upon receipt of deposit. Upon completion of order or partial order at the factory, final payment must be received before the order can be released. If payment is not received and pick-up arranged within 15 days of completion notification, storage charges and interest may be levied.

Price subject to change without notice until deposit is received and order is accepted by David Shaw Nicholls Modern Rugs Inc. or David Shaw Nicholls and confirmed by issuance of an invoice.a price quote is guaranteed for fifteen days.

Title to merchandise shipped passes to purchaser upon delivery to the common carrier, unless otherwise specified and when delivered by Nicholls own vehicle. David Shaw Nicholls Modern Rugs Inc. or David Shaw Nicholls are not responsible for damage in transit. Responsibility of David Shaw Nicholls Modern Rugs Inc. or David Shaw Nicholls ceases when the goods are accepted in good order by the transportation company. Freight damage must be reported to the carrier within 72 hours of receipt of merchandise.

Damage carpet must be signed for accordingly. David Shaw Nicholls Modern Rugs Inc. must be advised of all visible damages immediately. All wrappings must be retained until inspected by the carrier. Claims for freight damages must be undertaken by Consignee in accordance with the Interstate and/or International commerce Commissions. All claims for freight overcharge, loss or damage to goods while in transit must be settled with the carrier.

Any carpet not accepted for delivery within 30 days after the notification is subject to storage charges as determined by David Shaw Nicholls Modern Rugs Inc. Rugs with obvious manufacture defects and visible damages will not be accepted for return after installation and/or lay down. All claims must be reported in writing within 72 hours of receipt of merchandise.

Shipping, under padding and installation charges are additional to actual cost of goods.

Shading abrash, distortion and/or water markings are natural characteristics and qualities of the “hand made” carpet and are not considered to be defects, but are cherished characteristics of David Shaw Nicholls Modern Rugs which makes every item unique. There may be slight variations between the final product and the showroom sample or tear sheet with regards to color, tone precise measurements, etc. Color will also vary from dye lot to dye lot. Rugs vary in size as a consequence of the variation of hand spun yarn and washing. The width may vary up or down 3% from the width ordered; the length may vary up or down 6% from the measurement specified and ordered. All custom orders are subject to additional considerations.

Carpets used on stairs are subject to site specific conditions and are not warranted for wear.

Customer Requirements: Where specific design or construction is produced and supplied to buyers specifications, buyer agrees to indemnify seller against all transactions and proceedings, cost, claims, damages, expenses and demands whatsoever, arising or resulting from the rights or claims of third parties.

Approximate production time is not the same as delivery time. David Shaw Nicholls Modern Rugs Inc. will work diligently to complete the order as soon as possible (asap). However, due to the custom nature, labor intensity and creative aspect of the business, a delivery date cannot be guaranteed. Production will not begin until a deposit of at least 50% and/or signed acceptance of design if applicable, are received by David Shaw Nicholls Modern Rugs. Disclaimer of warranties: Seller’s acceptance contains the entire agreement between the buyer and seller. there are no warranties, express or implied , of merchantability, fitness or otherwise which extend beyond description on the face hereof and that set forth in seller’s specification for the goods which will be provided upon request. Without limiting the forgoing, David Shaw Nicholls Modern Rugs Inc. or David Shaw Nicholls does not represent, warrant or covenant to, the use of carpet for any particular purpose, its warranty or durability. David Shaw Nicholls Modern Rugs Inc. or David Shaw Nicholls reserves the right to remake, re-order, replace or exchange an order at its sole discretion.

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