STORAGE AND PICK-UP TERMS AND CONDITIONS
PLEASE REVIEW THE FOLLOWING CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS. THESE TERMS AND CONDITIONS CONTAIN AN AGREEMENT TO ARBITRATE, WHICH REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN A JURY OR ANY OTHER COURT PROCEEDING, OR CLASS ACTION OF ANY KIND.
STORAGE
We understand that your new hard surface flooring and decorative fixtures can literally weigh a ton or more. We also understand that the materials extreme weight may require several trips to safely transport everything to the installation location. ELEMEFLOORING is pleased to offer 7 days of free storage from the date of purchase. A storage fee of $10 per day after the first 7 days will be applied to any order that has not been completely picked up. Any applicable storage fees must be paid in full before materials will be released.
LOADING AND SECURING OF MERCHANDISE
Customers electing to pick up merchandise themselves are responsible for providing a safe and adequate vehicle for transportation and assume full responsibility for pick up and transportation of merchandise. As a courtesy to its customers, ELEMEFLOORING will assist with the loading of purchased merchandise; however it is the customer’s responsibility to STOP the employee if he/she feels that the load is too heavy for the vehicle or is not otherwise safe. ELEMEFLOORING reserves the right to refuse and/or cease loading service. The customer is SOLELY responsible for securing of merchandise and ensuring it is properly loaded and/or secured prior to leaving the premises. ELEMEFLOORING is not responsible for damages occurring to vehicles while loading. If equipment or machinery is in use, the customer is required to stand at least ten feet away from the operation of any such equipment or machinery and to otherwise exercise diligence to protect themselves from harm. CUSTOMER ASSUMES FULL RESPONSIBILITY FOR LOADING AND/OR TRANSPORTATION OF MERCHANDISE AND RELEASES FLOOR & DECOR FROM ANY LIABILITY, DAMAGES OR CLAIMS ARISING OUT OF CUSTOMER'S PICK UP AND/OR TRANSPORTATION OF MERCHANDISE.
PRODUCT ACCURACY VERIFICATION
MAKE SURE TO INSPECT ALL MERCHANDISE AT THE TIME OF PICK UP. It is the customer's responsibility to inspect and verify the type of merchandise purchased, quantity, model number, color, and to verify all labels to ensure accuracy prior to leaving the store. Any discrepancies between the customer’s inspection and the purchased merchandise as reflected upon the sales receipt must be determined prior to leaving the premises and a manager must be notified. By signing your receipt at the time of pickup, your signature will constitute your agreement that your order has been received in FULL and that it is ACCURATE. Once you have left the premises, no exceptions will be made.
INFORMAL DISPUTE RESOLUTION.
Either party asserting a dispute shall first try in good faith to resolve it by providing written notice as specified below to the other party describing the facts and circumstances (including any relevant documentation) and allowing the receiving party 30 days in which to respond. Both you and ELEMEFLOORING agree that this dispute resolution procedure is a condition precedent which must be satisfied before initiating any arbitration against the other party.
