1st Choice Carpets for all of Your Hospitality
& Commercial Carpet Needs!
Request a Price Quote
or Call Customer Service at
1-800-226-8727 Se Habla Español
We do not tolerate credit card fraud, which is a felony. If it
is determined that an attempted order is fraudulent,
we will report all information (Internet IP address, name, phone
number..etc.) to the FBI.
the delivery vehicle is still at your shipping destination
check your manifest and the shipment to make sure you received
everything especially all adhesive that was purchased. If
everything was not received then write on the freight bill
received short before signing it. We are not responsible
for items not received if received short is not noted on
the bill. Also, while the delivery vehicle is still at your
shipping destination, check for any shipping damage in each
individual part of your shipment. If any damage is found
write damaged in shipment on the freight bill before you
sign it. The freight companies are not responsible for items
damaged in shipment if damaged in shipment is not noted
on the bill. Thank you.
For shipments going into Canada.
The buyer is responsible
for the Brokers fee across the border.
You can call Hemisphere
Brokerage at 416-252-5661 and get a quote for this shipment.
CARPET VALUES INCORPORATED
(thecarpetmill.com, carpetbargains.com, bestcarpetvalue.com)
Standard Terms and Conditions of Sale
Best Carpet Values INC HEREAFTER REFERRED TO AS B.C.V. OFFERS
TO SELL TO BUYER EACH PRODUCT SET FORTH ON THE B.C.V. INC.
ISSUED INVOICE, ELETRONIC OR OTHER, SENT TO BUYER ONLY UPON
THE FOLLOWING TERMS AND CONDITIONS (COLLECTIVELY, A SALE
AGREEMENT). BY PLACING AN ORDER FOR A PRODUCT WITH
B.C.V. INC., EXECUTING B.C.V.S CREDIT APPLICATION,
SENDING OR MAKING PAYMENT, OR TAKING DELIVERY OF THE PRODUCT,
BUYER AGREES TO THE TERMS AND CONDITIONS OF THE SALE AGREEMENT
AND ACKNOWLEDGES THAT THE PERSON PLACING THE ORDER HAS THE
AUTHORITY TO ENTER INTO THE SALE AGREEMENT ON BUYERS
1. Definitions. Buyer shall mean the
individual or entity so identified on the B.C.V. Inc. Invoice
B.C.V. shall mean B.C.V. Inc. except when some
other affiliate or subsidiary of B.C.V. Inc. is otherwise
expressly identified on the Invoice. Product(s)
shall mean such B.C.V. Inc. product sold to Buyer pursuant
to this Sale Agreement.
2. Relationship of Parties. B.C.V. Inc. and Buyer
are independent entities, where Buyer is purchasing Product
from B.C.V. Inc. for its use or for resale when so permitted.
If Buyer is otherwise authorized by B.C.V. to sell and distribute
a Product, B.C.V. hereby grants Buyer a nonexclusive, nontransferable,
no assignable and limited right to distribute, market and
sell such Product to consumers. Buyer shall not sell, transfer
or otherwise provide any Product to another for resell without
the prior, written authorization of B.C.V. Inc. B.C.V. Inc.
reserves the right to sell and to authorize other entities
to sell such Product through all means and channels of distribution
and in competition with Buyer. Buyer acknowledges that it
has no authority to bind or contract in the name or for
the account of B.C.V. Inc., to create any liability against
B.C.V. Inc. or to exert and direction or control over B.C.V.
3. Order and Delivery of a Product. Buyer shall bear
all risk and expense for delivery of Product, including
without limitation, shipping, loading, unloading, storage,
freight, and insurance. A Product may be shipped to Buyer
in whole or in part and will be shipped F.O.B. B.C.V. Inc.
shipping location, unless otherwise specified on the face
of the invoice. Title to a Product shall pass to Buyer,
when delivered to the carrier, even if the Product is shipped
freight prepaid, unless otherwise specified on the face
of the invoice. Among other things, a signed delivery receipt
or bill of lading will constitute proof of delivery. The
choice of carrier is made solely at the discretion of Buyer,
and B.C.V. Inc. makes no representation as to the acceptability
of a particular carrier. Except when B.C.V. Inc. expressly
publishes Special Offers or otherwise agrees in writing,
B.C.V. does not guarantee shipment or delivery by a certain
date or time although B.C.V. Inc. will strive to deliver
a Product by the date that it may communicate to Buyer.
B.C.V. Inc. shall not be liable to Buyer, or any other person,
for any loss or damage of any kind which results from delay
in shipment, delivery, or failure to give notice of delay,
whether or not such delay was caused by B.C.V. Inc. or otherwise.
B.C.V. Inc. reserves the right to backorder any Product
and to ship from backorder in such order as B.C.V. Inc.
determines. ALL SALES ARE FINAL.
4. Canceled Orders and Returns. No order may be canceled
or Product returned to B.C.V. Inc. unless done so in accordance
with B.C.V.s Cancellation/Return Policy. Orders for
standard Products may be canceled prior to shipment provided
that B.C.V. Inc. has not had to order or purchase the product
and receives proper notice from Buyer and approves the cancellation,
assigning a cancellation number. Special orders, orders
for non-standard product, and orders where the Product is
cut., altered, or prepared at the request of Buyer may not
be canceled or returned at any time unless expressly agreed
to in writing by B.C.V. Inc. Returns for standard Product
i.e. products that are in stock, can only be made if approved
by B.C.V. Inc. and documented by B.C.V. Inc. through the
issuance of a Return Goods Authorization. No Product shall
be accepted for return until the Buyer obtains a Return
Goods Authorization number from B.C.V. Inc. All refused
or canceled orders, as well as all other B.C.V. authorized
accommodation returns are subject to B.C.V.s applicable
restocking fee plus freight charges for delivery and return.
Title in a returned Product will pass when B.C.V. takes
possession of the Product and verifies the Product with
an approved Return Goods Authorization. BCV RESERVES THE
RIGHT NOT TO CANCEL ANY ORDER AT ANYTIME FOR ANY REASON.
5. Product Variance & Compliance. Each Product
shall be deemed to be without defect and in conformity with
its specifications and the terms of the Sales Agreement
even though reasonable variances may exist. Buyer acknowledges
that it is an accepted standard in the industry that for
a Product and among products (i) color variations exist
between dye lots, stains, pieces of wood, etc.; (ii) natural
characteristics exist (i.e., wood Products may have mineral
streaks, knots or grain variations): (iii) cut and measurement
variances occur (i.e., a Products actual sizing may
vary by as much as ten (10%) from measurements stated on
a final order description); and (iv) shrinkage, separation,
expansion and warping occur, even when the Product is properly
installed (i.e., a wood Product may expand or contract due
to seasonal and temperature changes, thereby creating separation
between boards). As a result, B.C.V. Inc. cannot and does
not guarantee that a Product or Products, whether in whole
or in part, will exactly match in specification, color,
character, form, cut, fit or otherwise. And Buyer acknowledges
that reasonable variance, including (without limitation)
those stated herein, are permissible. Additionally, B.C.V.
Inc. shall have no liability if a Product does not conform
to any applicable state, county or local ordinance, as the
conformity of a Product to each state, county and local
ordinance is the sole responsibility of the Buyer. B.C.V.
Inc. reserves the right to change its Products and components
of its Products (i.e., backing, yarn system, etc.) without
prior notice, although in circumstances where an order from
Buyer has been accepted by B.C.V. Inc. B.C.V. Inc. will
use commercially reasonable efforts to ensure that such
change will not affect Product performance in a materially
adverse manner. All sales are final. There are no deductions
or chargebacks allowed for any reason.
6. Electronic, programing or listing. B.C.V. reserves
the right to cancel any order or offer the material at the
B.C.V. approved price in any case where the price listed
is incorrect or the freight was incorrectly calculated,
or the stock is or was depleted.
7. Taxes. Buyer assumes exclusive liability for any
and all taxes, tariffs, fees, duties, withholdings or like
charges, whether domestic or foreign, now imposed or hereafter
becoming effective (Taxes) related to the Product
and its purchases from B.C.V. Inc. (other than those based
on the net income of B.C.V. Inc. ), including without limitation,
federal, provincial, state and local taxes, value-added
taxes, goods and services taxes, stamp, documentary, excise
or property taxes, duties and other governmental charges.
8. Limited Warranty. Provided that a Product is not
altered or damaged by someone other than B.C.V. Inc., and
for up to one year from the date that B.C.V. Inc. ships
the Product to Buyer, B.C.V. Inc. hereby warrants that such
Product (other than Promotional or Irregular Goods, as described
below) shall (i) conform to B.C.V. Inc.s published
specifications and generally released consumer/end-user
limited warranty coverage terms, subject to reasonable variations,
manufacturing tolerances, the occurrence of non-material
or minor separations and appearance deviations, and (ii)
for authorized resellers of B.C.V. Inc., shall be merchantable
for ordinary purposes for which such Product is intended
to be used. Notwithstanding the foregoing, once a Product
has been installed, such Product is deemed accepted by Buyer
and no warranty shall apply for color, characteristics,
cut, fit or appearance related claims.
As Buyers sole and exclusive remedy for a breach of
the above warranty and at B.C.V. Inc.s sole discretion.
B.C.V. Inc. will either replace or repair a Product that
does not conform to an applicable B.C.V. warranty; provided,
however, that B.C.V. Inc. shall not be responsible to replace
or repair a Product which has been damaged or altered by
Buyer or its customers. With respect to a Product sold as
Promotional or irregular Goods by
B.C.V. Inc., including, without limitation, drops, discontinued
items, specials, closeouts, seconds or the like, such Product
is sold to Buyer AS IS/WHERE IS without any
warranty of any kind except as otherwise expressly agreed
to or published by B.C.V. EXCEPT AS SET FORTH ABOVE AND
TO THE MAXIMUM EXTENT PERMITTED BY LAW, B.C.V. INC. MAKES
NO OTHER WARRANTIES FOR A PRODUCT OR UNDER THIS AGREEMENT
AND HEREBY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING THE WARRANTY OF WITNESS FOR A PARTICULAR PURPOSE
For consumers and installers who as Buyers believe that
a warranted Product is defective, such persons should return
the Product to the dealer or installer from whom they purchased
the Product for inspection and consideration as to warranty
coverage (including possible replacement). All Buyers must
inform B.C.V. Inc., by providing within the applicable warranty
or statutory period, complete and specific itemized detail
of all claims in warranty or at law that such Buyer may
have for such warranty or statutory remedy to be applicable.
Buyer agrees to submit, at Buyers expense, all request for
samples and photos or videos of any and all claims filed.
9. Indemnity Liability Limitation. Buyer hereby agrees
to indemnify, reimburse in full, defend and hold harmless
B.C.V. Inc., its parent, subsidiaries, affiliates, officers,
directors, personnel and agents from and against any and
all liability, claims, suites, actions, losses, costs or
expenses including (without limitation) reasonable attorneys
fees relating to or arising out of any claim or demand (a)for
any Taxes or related penalties and interest, (b)due to Buyers
breach of the Sale Agreement; (c)that Buyers customers
or a third party may make against B.C.V. Inc. based upon
or arising from damage due to the acts and/or omissions
of Buyer or due to the installation of Product; (d)related
to the failure of any payment sent or made by Buyer to be
honored or to satisfy the requirement of this Agreement;
(e)for infringement or misappropriation of a third partys
intellectual property rights based upon B.C.V. Inc.s
incorporation of any designs, formulas or specifications
in a Product where such designs, formulas or specifications
have been specifically ordered or requested by Buyer. To
the maximum extent allowable under applicable law and excluding
those liabilities that by law B.C.V. Inc. cannot limit or
disclaim, (i) B.C.V.s aggregate liability arising
from or relating damages, including without limitation,
lost revenues, loss of use of the Product, loss resulting
from improper storage, processing, padding/cushion, delay
in delivery or shipment or errors in shipment or labeling,
loss of data, or the cost of any substitute Product or related
equipment, even if B.C.V. Inc. has been advised of the possibility
of such damages.
10. Cancellation. B.C.V. Inc. may cancel or terminate
a Sale Agreement in whole or in part at any time by giving
oral or written notice of such to Buyer. Cancellation or
termination by B.C.V. Inc. shall not constitute a waiver
or release of any other rights and remedies of B.C.V. Inc.
in contract or provided by law or at equity.
11. Governing Law. Each Sale Agreement shall be governed
and construed in accordance with the laws of the State of
Georgia, without reference to any conflicts of law principles.
Any litigation instituted by Buyer against B.C.V. Inc. that
pertains in any manner to this Agreement must be instituted
in the Superior Court of Murray County, Georgia or the United
States District Court, Northern District of Georgia, Rome
Division. Any such litigation instituted against Buyer by
B.C.V. Inc. may, at B.C.V.s option, be instituted
in the courts above identified for the State of Georgia
or in the state in which Buyer maintains its principal place
of business. The U.N. Convention on Contracts for the international
Sale of Goods shall not apply to this Sale Agreement. If
any term, provision or condition of a Sale Agreement is
held invalid or unenforceable, the same shall not invalidate
or otherwise affect any other provision thereof. Any reproduction
of this Sale Agreement by any reliable means shall be deemed
an original. Notices provided from Buyer to B.C.V. Inc.
shall be in writing; notices provided from B.C.V. to Buyer
may be giving verbally or in writing. The parties have required
that this Sale Agreement and all related documents be drawn
up in the English language. Les parties conviennent et exigent
expressement que ce Contrat et tous les documents qui sy
rapportent soient redges on anglais.
12. Attorneys Fees. In the event legal action
is undertaken by B.C.V. Inc. to collect any amounts due
to B.C.V. Inc. by Buyer hereunder and if B.C.V. Inc. prevails
in such action, then Buyer shall reimburse B.C.V. Inc. for
its reasonable attorney fees and costs incurred in conjunction
with such action, which amount shall not exceed the maximum
amount allowed by law of the forum in which such action
13. Assignment. Buyer shall not assign, transfer
or sublicense this Sale Agreement, or any rights or obligations
herein, without the prior written consent of B.C.V. Inc.
Any assignment or attempt to assign this Sale Agreement,
in whole or in part, by operation of law or otherwise, without
B.C.V.s prior written consent shall be null and void.
B.C.V. Inc. shall have the right to assign, transfer or
sublicense all or any part of this Sale Agreement to another
at any time and without the consent of Buyer.
14. Confidential Information. Buyer agrees to receive
and hold Confidential Information of B.C.V. Inc. in trust
and in strictest confidence and shall not use, reproduce,
distribute, disclose or otherwise disseminate any Confidential
Information except as necessary to perform its obligations
hereunder. Disclosures of the Confidential Information may
be made only to Buyers employees and agents who have
a specific need to know and are subject to confidentiality
restrictions at least as restrictive as those contained
herein. Confidential Information means confidential
information relating to the business, products and services
of B.C.V. Inc., which is or has been disclosed to Buyer,
and which has value to B.C.V. Inc. and is not generally
known to B.C.V. Inc.s competitors, including (without
limitation), information regarding product specifications
and product plans, designs, costs, prices, finances, marketing
plans, business opportunities, personnel, R&D activities