are the Original Online Site for True Carpet Bargains!
When it comes to tile carpeting,
WE'RE the OLD PROS!
Free Carpet Samples or a Price Quote
Call Toll Free: 1 (833) 383-0581
HOURS: Monday - Friday 8:00am - 6:00pm EST
For Free Carpet Samples or a Price Quote
Call 1 (833) 383-0581
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HOURS: Monday - Friday 8:00am - 6:00pm EST
We do not tolerate credit card fraud, which is a felony.
If it is determined that an attempted order is fraudulent, we will report
(Internet IP address, name, phone number etc) to the FBI. http://www.ic3.gov
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.
CARPET VALUES INCORPORATED
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.
Promotional, dropped, or other noncurrent running
line products are not eligible to be returned.
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
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
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 OR USE.
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 is brought.
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
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 and know-how.
for updates on carpet specials, sales & new
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