Terms of Service and Product Liability
PLEASE REVIEW THESE TERMS AND CONDITIONS CAREFULLY. THE FOLLOWING IS A FUNDAMENTAL PART OF ALL ORDERS AND EXPLAINS CLIENT RIGHTS AND OBLIGATIONS.
• Invoices are payable upon receipt, therefore, payment is due immediately.
• Orders must be paid in full upon completion of the project
• Orders will not be shipped until payment is made in full.
• Any order that has not been paid in full past 96 hours of the shipping date is subject to a service charge of 2% interest per month on the unpaid balance (24% per anum).
• Any order not paid within 30 days of the initial shipment date may result in a cancellation of the order and forfeit of deposit.
• Any order not paid within 15 days of the initial shipment date will incur storage fees of $100 per month per 1000 board feet.
• Orders not in stock require 50 % upfront deposit. Balance must be paid prior to delivery.
• Orders that involve milling may require 50% upfront deposit, 25% progress payment after 2-3 weeks and balance paid prior to delivery.
• Deposits are non-refundable. If you need to cancel and online order please contact us ASAP at 310.306.6900
• All E&K Products are SOLD AS IS.
• Client is responsible for arranging delivery of product. As a courtesy, E&K can retrieve shipping quotes on a Client's behalf.
• Delivery terms are FOB. Once loaded for shipment, responsibility of the goods transfers from E&K to the Client.
• Delivery is CURBSIDE. Clients are responsible for getting their order from the curbside of the location to its intended place of storage.
• E&K will make every effort to work within quoted and estimated time for deliveries and pickups – however due to many uncontrollable factors such as weather delays, availability of appropriate trucking companies, equipment failure, quality checks and other unforeseen possibilities, E&K makes no representation that delays will not occur.
• Deposits will not be refunded if the product is returned or service is declined.
• For additional delivery terms see below.
PRODUCT LIABILITY / TERMS AND CONDITIONS
Reclaimed Wood Characteristics
E&K Vintage Wood (E&K) products are manufactured from vintage, reclaimed or rescued wood. All reclaimed wood varies in tone and texture, dependent on many conditions – such as wind and sun exposure, climate and weather conditions, application of material, etc. Though our samples represent typical coloring inherent in each particular barn or structure from which the sample was taken, organic variations in tone should be expected within the scope of a full order. Also, unless otherwise specified, all reclaimed woods will have character marks such as nail-holes, knots and cracks. These features are part of the charm and aesthetic of reclaimed wood, hallmarks of its authenticity and E&K makes no claim that they will not be present in any order. Measurements of milled reclaimed lumber are not exact due to the nature of the wood and dimensions may vary up to 2-3 inches.
The imperfections and variations in the wood make it unique giving our Clients a tremendous advantage – our Clients will have a hard time finding new wood that comes close to matching E&K products uniqueness, character and overall quality. Additionally, some of the very characteristics that give reclaimed wood its appeal also have practical implications to be considered.
With the exception of the limited protection specifically provided herein, all E&K products are sold as-is, with no warranties express or implied. E&K makes no warranties or representations relative to the fitness of its products for a particular use or in a particular location. E&K further makes no representations about likely yield percentages or waste factors for Client use/application. It is the Client’s responsibility to verify the suitability of E&K products for the project and to determine appropriate quantities to order, accounting for yield/waste issues. E&K encourages Clients to physically inspect products before ordering them whenever possible.
Products are Sold “AS IS”
E&K’s finishing facility employs artisans that finish our antique, varied character, wood by hand. Our samples are intended only to represent a general tone palette of each of our custom finishes, and are neither a warranty nor are they a full representation of the product. Inherent variations in each finish such as streaks, color changes and other effects will occur from board to board and will be considered acceptable.
Although E&K products are visually inspected by E&K the Client MUST check for damages or missing items and let E&K know of any concerns within three days of receipt. E&K also will provide, at the Client’s request, other sources of information about its products to communicate information about the physical characteristics of its products i.e.: wood samples, photos and other secondary sources of product information. Clients should not rely upon unauthorized statements (verbal, written or online) which are inconsistent with or add information to product documentation, proposal terms or E&K policy documents (including this Product Liability and Return Policy) whether said statements are from employees, partners or affiliates.
E&K product documentation and proposal terms focus on E&K product characteristics not on the practical implications of those characteristics for project application. Where documentation or proposal terms mention specific possible practical implications of E&K product characteristics (and/or set forth possible approaches for addressing such implications,) such terms are intended to notify Clients to carefully consider when deciding how and where to use E&K products. Nothing in E&K product documentation or proposal terms should be interpreted as in any way guaranteeing or warranting the result of a specific method of (1) addressing a practical implication of a product characteristic or of (2) installing or using E&K products.
E&K in no way represents that its product documentation and proposal terms capture all of the physical characteristics (or even all of the important physical characteristics) of its products, let alone all of the potential implications of those characteristics for application.
As a service to its Clients, E&K will sometimes make available information originating from others (research, articles, user feedback, etc.) which might be helpful in the process of deciding how to install or use E&K products. E&K makes no representations or warranties relative to the accuracy of this information or its applicability to Client specific situations.
Treatment / Bugs / Nails
Products with (1) chemical treatments of which Clients are not informed or (2) mold/fungus issues of which Clients were not informed and were existing at the time of product shipment will be viewed as being a materially different product from that described on a relevant product specification sheet whether or not such a specification sheet actually exists. As with other nonconforming products, the Client must notify E&K of treatment or mold/fungus issues within 10 days of product shipment. E&K accepts no liability or responsibility for mold/fungus issues which arise after the receipt of E&K products.
E&K does not represent its products to be free of metal, dirt, insects/bugs or other contaminants. Even when E&K removes metal from a product the Client is responsible for verifying that the material is fit for sawing or other processing. E&K may, at Client’s request, kiln dry the ordered material or apply borate, fumigants or other treatments in an attempt to reduce the potential for the presence of insects or bugs. These services do not create a guarantee or warranty that the material is or will be completely insect/bug free. E&K accepts no liability or responsibility for damage, injury or harm to people and/or property resulting from the processing or use of E&K products.
E&K’s responsibility for products which do not conform to applicable documentation (including the chemical treatment and mold/fungus special cases addressed above) is limited to the replacement of product or the refund of purchase price. E&K accepts no other liability or responsibility for rejected and/or defective products.
Note: E&K flooring products, as they are re-milled from pre-worked timber in most cases, rarely contain any metal or other debris. Likewise any chemical treatments and mold and fungus are a rare occurrence in recycled flooring. On occasion E&K sells reclaimed flooring that has not been re-milled rendering the above warranties more appropriate. It will be noted if E&K sells reclaimed original flooring.
Delivery / Shipping Policy
Clients shall pay all shipping charges and any additional charges for special packaging requested. E&K recommends that Clients arrange to have the appropriate assistance and equipment available to move the order at the time of the delivery. Weather or other conditions could damage any product left at curbside so it is important to have adequate storage available. Please consider the accessibility of the street or driveway of the delivery address as orders are typically shipped on full-size semi-trucks. If the delivery destination cannot accommodate the delivery vehicle and a smaller truck is unavailable, Clients will be asked to pick up the order. If the Client does not pick up the order within 15 days, storage fees of $100 per month per each 1000 board feet will apply.
TRANSFER OF TITLE - RISK OF LOSS - INSURANCE
DELIVERY TERMS are FOB. The delivery of the order to the freight carrier constitutes a transfer to Client of title, ownership, and possession of the products ordered. The risk of loss for the products shall pass to Client upon delivery of the order to the freight carrier. Clients may purchase shipping insurance directly from the freight carrier and upon request E&K will obtain a quote. E&K will arrange for shipping the ordered products with a commercial freight carrier as a courtesy but Clients are welcome to make their own shipping arrangements if they so choose. If Clients arrange their own shipping they must pay for the shipment separately and to the freight carrier directly. As a courtesy E&K can retrieve shipping quotes on a Client's behalf, however the Client is always responsible for the shipping payment.
Delivery times are estimated and are not guaranteed. Shipping is subject to unavoidable delays caused by material shortages, strikes, accidents, or other causes beyond the control of E&K.
GOVERNING LAW / LIMITED LIABILITY
The laws of the State of California shall govern these terms and of any action concerning these terms shall be brought in the County of Los Angeles, State of California. The parties to this Agreement have the authority to enter into this Agreement. If any part of this Agreement is declared void the remaining parts shall be valid.
In the event of a dispute in a manner other than in accordance with this section, the Client agrees that E&K may move to have it dismissed and that the Client will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.
The unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs, and disbursements.