Terms of SalePLEASE READ THIS DOCUMENT CAREFULLY!
IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.
This Agreement contains the terms and conditions that apply to your purchase from the Mohawk entity named on the invoice ("Mohawk") that will be provided to you ("Customer") on orders for products sold through Mohawk-Finishing.com. By accepting delivery of these products described on that invoice, Customer agrees to be bound by and accepts these terms and conditions. THESE TERMS AND CONDITIONS APPLY (i) UNLESS THE CUSTOMER HAS SIGNED A SEPARATE FORMAL PURCHASE AGREEMENT WITH Mohawk, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN; OR (ii) UNLESS OTHER Mohawk STANDARD TERMS APPLY TO THE TRANSACTION. These terms and conditions are subject to change without prior written notice at any time, in Mohawk's sole discretion.
- Other Documents. These terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for product(s) which is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both Customer and Mohawk.
- Governing Law. THIS AGREEMENT AND ANY SALES THEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF OHIO, WITHOUT REGARD TO CONFLICTS OF LAWS RULES.
- Payment Terms; Orders; Quotes; Interest. Terms of payment are within Mohawk's sole discretion, and unless otherwise agreed to by Mohawk, payment must be received by Mohawk prior to Mohawk's acceptance of an order. Payment for the products will be made by credit card, or some other prearranged payment method unless credit terms have been agreed to by Mohawk.
- Shipping Charges; Taxes. Separate charges for shipping and handling will be shown on Mohawk's invoice(s). Unless Customer provides Mohawk with a valid and correct tax exemption certificate applicable to the product ship-to location prior to Mohawk's acceptance of the order, the Customer is responsible for sales and all other taxes associated with the order, however designated, except for Mohawk's franchise taxes and taxes on Mohawk's net income. If applicable, a separate charge for taxes will be shown on Mohawk's invoice.
- Title; Risk of Loss. Title to products passes from Mohawk to Customer on shipment from Mohawk's facility. Loss or damage that occurs during shipping is Customer's responsibility.
- Warranties. THE LIMITED WARRANTIES APPLICABLE TO Mohawk-BRANDED PRODUCTS ARE INCLUDED IN THE DOCUMENTATION ALONG WITH THE PRODUCTS. Mohawk MAKES NO EXPRESS WARRANTIES EXCEPT THOSE STATED IN THIS SECTION AND IN Mohawk's APPLICABLE WARRANTY STATEMENT IN EFFECT ON THE DATE OF THE INVOICE. ANY SUCH WARRANTIES WILL BE EFFECTIVE, AND Mohawk WILL BE OBLIGATED TO HONOR ANY SUCH WARRANTIES, ONLY UPON Mohawk's RECEIPT OF PAYMENT IN FULL FOR THE ITEM TO BE WARRANTED. Mohawk DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Mohawk's RESPONSIBILITY FOR WARRANTY CLAIMS IS LIMITED TO THE REPLACEMENT OF THE PRODUCT AS SET FORTH IN Mohawk's APPLICABLE WARRANTY STATEMENT IN EFFECT ON THE DATE OF THE INVOICE. Mohawk reserves the right to modify its warranty at any time, in its sole discretion.
- Return Policies. Mohawk products that are purchased directly from Mohawk by an end-user Customer may be returned by Customer in accordance with Mohawk's "Return Policy" in effect on the date of the invoice.
- Exchanges. From time to time, Mohawk may, in its sole discretion, exchange products or portions of a product. Any exchanges will be made in accordance with Mohawk's exchange policies in effect on the date of the exchange.
- Products. Mohawk's policy is one of on-going product update and revision. Mohawk may revise and discontinue products at any time. Mohawk will ship products that have the functionality and performance of the products ordered, but changes between what is shipped and what is described in a specification sheet or catalog are possible. The parts and assemblies used in building Mohawk products are selected from new and equivalent-to-new parts and assemblies in accordance with industry practices.
- Limitation of Liability. Mohawk DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR USE. Mohawk WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN.
- Applicable Law; Not For Resale. Customer agrees to comply with all applicable laws and regulations of the various states and of the United States. Customer agrees and represents that it is buying for its own internal use only, and not for resale. Mohawk has separate terms and conditions governing resales.
- Service and Support. Mohawk endeavors to provide the best customer and technical telephone support in the industry. For end-user Customers, Mohawk promises that its support people will attempt to handle over the telephone any problem involving Mohawk products. However, Mohawk's support people may not be able to understand or resolve any given problem. Service offerings may vary from product to product. Mohawk has no obligation to provide service or support until Mohawk has received full payment for the product for which service or support is requested.
- Headings. The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions.