Terms of Sale
PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT APPLY TO YOU.
This Agreement contains the terms and conditions that apply to customers for purchases from Green Plank AB. (hereinafter referred to as Green Plank) and the Green Plank entity named on the invoice that will be provided to you (Customer) on orders for products sold. Customer agrees to be bound by and accepts this Agreement as applicable to Customers purchase of product(s) from Green Plank, and/or the Green Plank Internet Website hereinafter named the Site. As a condition of sale, Customer agrees to be bound by and accepts these terms and conditions. These terms and conditions apply (i) unless Customer has signed a separate formal purchase Agreement with Green Plank, in which case the separate Agreement shall govern; or (ii) unless other Green Plank standard terms apply to the transaction as noted herein or elsewhere. These terms and conditions are subject to change without prior written notice at any time, in Green Planks sole discretion.
YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS OF SALE IS INCLUDED IN YOUR ACCEPTANCE OF THE TERMS AND USE OF THIS WEBSITE.
1. ORDER ACCEPTANCE POLICY
Customers receipt of an electronic or other form of order confirmation does not signify Green Planks acceptance of Customers order, nor does it constitute confirmation of Green Planks offer to sell. All orders are accepted in Malmö, Sweden. Green Plank reserves the right at any time after receipt of Customers order to accept or decline Customers order for reasonable cause including but not limited to lack of availability of products, failure by Customer to satisfy payment terms, and/or breach by Customer of this Agreement. If payment has been remitted for the purchase and Green Plank cancels Customers order, Green Plank shall forthwith issue a refund equal to the amount remitted for the unaccepted or cancelled order.
2. PAYMENT TERMS
Terms of payment are within Green Planks sole discretion and unless otherwise agreed to by Green Plank, payment must be received or otherwise authorized or secured in a form approved by Green Plank prior to Green Planks acceptance of an order. Payment for the products will be made by approved credit card, wire transfer, electronic funds transfer or some other prearranged payment method agreed to by Green Plank. Invoices are due and payable by the payment date(s) specified through electronic (including but not limited to e-mail), facsimile (fax) and/or verbal confirmation between Green Plank and the customer. Green Plank may invoice parts of an order separately. Orders are not binding upon Green Plank until accepted by Green Plank (see Order Acceptance Policy). Any quotations given by Green Plank will be valid for the period stated on the quotation. Green Plank reserves the right to adjust or cancel quotations as required.
Customer is responsible for all costs related to shipping product to the location specified by Customer. It is Customers responsibility to provide contact information that allows the shipper to contact Customer when shipment is made. Shipping rates are for standard pick-up and delivery only. Customer is responsible for unloading the goods from the carrier. Additional storage and/or shipping charges and other warehouse charges may apply if Customer can not be contacted, or is not available, to receive product; or if product is redirected upon Customers request. If a shipping rate is quoted at an incorrect rate due to typographical error or error in pricing information received from Green Planks suppliers, Green Plank shall have the right to refuse, adjust, or cancel any orders placed whether or not the order has been confirmed or whether or not payment has been remitted. Customer is responsible for inspecting freight for shortages or signs of damage upon receipt of goods. All freight, loss, and damage claims must be filed with Green Plank within seven (7) business days from the date the shipment was delivered. (see 10. Limitations on Damages or Contact us at: .) Green Plank will not be liable for any delay or failure in the performance or in delivery or shipment of materials or merchandise or for any damages suffered by Customer by reason of such delay or failure when such delay or failure is directly or indirectly caused by or in any manner arise from or is connected with acts of God, acts of public enemies, riots, acts of governmental agencies, labor difficulties, failure of suppliers to ship or produce goods, delay in securing or shortages in raw materials, breakdown or destruction of plant or equipment, or any other cause or causes beyond the control of Green Plank, whether or not similar to those enumerated herein. All orders will be deemed suspended so long as any such cause prevents or delays performance or delivery or shipment.
Customer is responsible for all sales, use, excise, value-added and other charges associated with the order, however designated, including any duties, clearance charges or other destination charges. If applicable, a separate charge for such items will be shown on Green Planks invoice.
5. SHIPPING DAMAGE
Upon arrival check your package for damages. If you experience damages you must note them on the waybill when you sign for the package, or if no signature was required then contact the shipping carrier immediately. If no damages are noted to the waybill, Green Plank cannot be held responsible for any damages. Once noted on waybill and you determine that you cannot utilize the product, Contact Green Plank by e-mail or phone to report the damaged material. If you happen to accept a shipment and sign for no damages, then later discover that there indeed are damages, you must contact the carrier company within 48 hours of delivery to report it. Green Plank cannot file any claims on your behalf after fifteen (15) business days from the time of delivery, or attempted delivery.
You have the right to cancel the order at any time within the 24 hours from the time you received Order Confirmation from Green Plank. You will need to Contact Green Plank by e-mail or phone as soon as possible. If your purchase has already shipped, you will need to arrange for a return, and you will be responsible for shipping costs + 20% restocking fee. If the purchase has not shipped, you may make the cancellation at no charge to your original method of payment, excpet transaction charges.
Orders made by Retailers or Wholesalers, Special Orders and Custom Design, Color, Model, Size, etc., Orders cannot be cancelled once confirmed by Green Plank.
If you change your mind, you can return unused or unopened items within seven (7) days of delivery for a refund, (unfortunately, any shipping charges are non-refundable). Items must be returned in new, unopened and unused condition and contain all original materials included with the shipment. Returned items are subject to a 20% restocking fee. Contact us for a return merchandise authorization (RMA) number if you want to make a return. An RMA number is required for any return.
After your item(s) is received in our warehouse, it will be inspected. If the item is returned in new, unopened, and unused condition, you will be issued a refund at the original purchase price, plus sales tax if applicable in the original payment method, minus 20% restocking fee, minus shipping charges within four weeks of shipping your package to us. If the return is a result of our error, please indicate that on the return packaging slip and we will issue a refund at the original purchase price plus sales tax if applicable plus shipping charges in the original payment method.
If package is refused at time of arrival then you are responsible for delivery and return shipping charges + 20% restocking fee. Any damages from refused deliveries are non-refundable, and because it was refused, would not be noted. We are not responsible for ANY costs associated with a refused delivery.
All warranties set out are Manufacturer/Product-specific warranties only. Green Plank makes no express warranties except those stated in this agreement and in Green Planks applicable warranty statement in effect on the date of the invoice. Any such warranties will be effective, and Green Plank will be obligated to honor any such warranties, only upon Green Planks receipt of payment in full for the item to be warranted. Before returning any item, Customer must contact Green Planks Claims Department. for a Warranty Authorization (WA) number within the allowable period specified by the manufacturer of the product (see product-specific Warranty). The WA number is valid only for the product described therein. The product returned must match the product authorized for return. Customer must ensure that all returns are received by the manufacturer/supplier within thirty (30) days of obtaining the WA number. All shipping arrangements for returns or exchanges must be processed through Green Planks Logistics Department. Customer is responsible for all shipping and handling charges of warranty returns, except where the manufacturer of the product has agreed to pay for such costs or as outlined under product Warranty. Whenever possible or as outlined under Warranty, all items must be in as new condition, in original packaging and with all warranty cards, manuals and accessories. The original packing slip must be included and the WA number visible on the package. Green Plank may require a short written explanation and a photograph or digital image of the defective product. In some cases an on-site inspection of the product will be required. Green Planks Claims Department will advise Customer of the details specific to the warranty claim.
THE WARRANTIES SET OUT IN THIS AGREEMENT ARE MANUFACTURER/PRODUCT-SPECIFIC WARRANTIES FOR THE PRODUCT(S). GREEN PLANK EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, GUARANTEES OR REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. GREEN PLANK ALSO DISCLAIMS ANY IMPLIED WARRANTY ARISING OUT OF TRADE USAGE OR OUT OF A COURSE OF DEALING OR COURSE OF PERFORMANCE. GREEN PLANK DOES NOT WARRANT THAT THE PRODUCT(S) WILL BE ERROR-FREE, OR WARRANT THAT EACH DEFECT WILL BE CORRECTED. GREEN PLANK DOES NOT WARRANT THAT ALL PRODUCTS COMPLY WITH SPECIFIC GEOGRAPHICAL COMPLIANCE OR REGULATORY RESTRICTIONS. IT IS CUSTOMERS RESPONSIBILITY TO ENSURE THAT USE OF PRODUCTS PURCHASED COMPLIES WITH LOCAL JURISDICTION CODES AND WITH ALL REGIONAL, NATIONAL AND INTERNATIONAL LAWS AND REGULATIONS. GREEN PLANK FURTHER DISCLAIMS ANY PATENT/INTELLECTUAL PROPERTY RIGHTS, WARRANTIES OR INDEMNITIES WITH RESPECT TO ANY LOCKING/CONNECTING SYSTEM(S) USED BY MANUFACTURERS OF LAMINATE, ENGINEERED WOOD, OR OTHER PRODUCTS SOLD BY GREEN PLANK.
11. LIMITATION ON DAMAGES
GREEN PLANK DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN. GREEN PLANK WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF REVENUE OR OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF THEY WERE FORESEEABLE OR IF GREEN PLANK WAS ADVISED OF THE POTENTIAL OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES, GREEN PLANK IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE AMOUNT PAID BY CUSTOMER FOR THE PURCHASE(S) UNDER THIS AGREEMENT. THIS LIMITATION WILL APPLY REGARDLESS OF THE FORM OF ACTION (I.E. WHETHER THE LAWSUIT IS IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE).
12. GOVERNING LAW
13. OTHER DOCUMENTS
Other than as specifically provided in any separate formal purchase Agreement between Customer and Green Plank, 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 Green Plank.