TERMS & CONDITIONS OF PURCHASE

Your purchase of goods or services from Us constitutes your acceptance of these Terms & Conditions. We object to any additional or inconsistent terms proposed by You. 

All orders are processed on a first-come, first-served basis, subject to stock availability, and are subject to manufacturer availability at time of order placement.

You will be notified by phone as promptly as possible in the event that any item(s) is not in stock at the time of order and will be given the opportunity to make changes to the order at that time.  All backordered items will ship in a single shipment for each order placed as promptly as possible once all backordered items become available.

These items are noted by the “(NS)” in their description. These items are not offered online and are available by phone order only. These items are non-stock/special order only, non-returnable, non-refundable, and order cancellation or return of these items must be authorized in writing by the Company. These items will require additional inbound shipping charges to be added to the order.

All return requests must be received within 30 days of the earliest of invoice or shipment date and require a Return Material Authorization prior to return. Liquids cannot be returned. A 15% Restock Fee will be charged on all returns. Returns against negotiated volume discounted orders will be charged a 20% Restock Fee if the product is not being exchanged. All returns are inspected upon receipt and credit will be issued at the Company’s discretion. No opened flooring bundles, no flooring with moisture readings outside of 6-9%, no partially used products or products without original packaging in good condition, and no liquids will be credited.

In stock supply orders received by 3:00 pm EST will ship same day via ground or the following business day for LTL shipments. Supply orders over $200.00 will qualify for free ground or LTL shipping to the contiguous United States. Flooring, flooring accessories other than wood vents, and equipment repairs will be charged shipping and handling. The buyer is responsible for all additional fees related to address changes and shipping charges for package refusals for reasons not related to an error made by P.A.W. Enterprises, Inc.

Unless otherwise expressly agreed in writing by Us, We shall not be liable to You for, and You agree to indemnify, defend and hold Us harmless from all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees), fines and/or penalties arising or alleged to arise out of any failure of the goods sold by Us to conform to any federal, state or local law, order, regulation or standard, including, but not limited to, laws applicable to the delivery, possession and use of Volatile Organic Compounds (V.O.C.). It is Your responsibility to understand the laws applicable to the use of any V.O.C. products in accordance with the laws governing V.O.C. products in the geographical area where the products will be delivered to, used, possessed or stored.

An installed floor is an ACCEPTED floor. Any color, fading, and grading issues must be addressed BEFORE installation. Warranty claims are limited to the manufacturer warranty and does not cover shipping costs. P.A.W. Enterprises, Inc. holds no liability to warranty claims that are denied in full or partial by the manufacturer. All equipment repairs are limited to the manufacturer’s warranty on only the parts replaced during the repair process. Repairs on incomplete equipment, which prohibits testing, will not be covered under warranty.

Online orders may be paid by methods offered online but are limited to the guidelines given at time of checkout. All payment card information is collected and processed by a service provider. Payments by phone may be made by Check, Check by Phone (ACH), Cash, or Credit Card. Credit/Debit Card payments are accepted after the day of shipment only when this has been arranged prior to shipment and only when the acceptance of this payment method is specifically stated on the original invoice at time of shipment. When You provide a check as payment, You authorize us to use information from Your check to make a one-time ACH transfer from Your account or to process the payment as a check transaction. The charge for NSF is $30.00.  Past due balances are subject to a minimum late payment fee of $10.00 or 1.5% of the total balance owed on the account at the time any amount becomes past due. Accounts with past due balances will be placed on credit hold, denied prepayment purchases, and will not be eligible for any special discounts or sale offers until the account is current.

You agree to defend, indemnify, and hold Us harmless including, our affiliates, service providers, and our respective officers, directors, employees, contractors, agents, licensors, suppliers, from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including actual attorney’s fees) arising out of or relating to Your violation of these Terms & Conditions or the purchase or use of any product from Us. 

All matters relating to Terms & Conditions and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Michigan without giving effect to any choice or conflict of law provision or rule.  Any legal suit, action, or proceeding arising out of, or related to, these Terms & Conditions shall be instituted exclusively in the federal courts of the United States or the courts of the State of Michigan in each case located in the County of Kalamazoo. You waive any and all objections to the exercise of jurisdiction over You by such courts and to venue in such courts.

At Company’s sole discretion, we may require You to submit any disputes arising from the use of these Terms & Conditions, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Michigan law.

No waiver by Company of any term or condition set out in these Terms & Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms & Conditions shall not constitute a waiver of such right or provision.  If any provision of these Terms & Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms & Conditions will continue in full force and effect.

In the event that either You or Company bring any action against the other arising out of the sale of goods or services and Company prevails in the action, then Company, and Company only, shall have the right to recover from You, and You are obligated to pay to Company, Company’s actual attorney’s fees and any and all costs incurred in or for such action.