Terms & Conditions
The following are the terms and conditions upon which SO Acquisition, LLC. (“Odegard Carpets”) agrees to sell you (the “Customer”) the goods described on the front of this sales order (the “Products”). These terms and conditions constitute a legally binding contract between us unless we agree in writing to different terms.
Odegard Carpets agrees to sell the Products to the Customer on the terms and conditions set forth below.
When you purchase a carpet through odegardcarpets.com, Odegard Carpets will charge the price of the carpet on your credit card.
Odegard Carpets ships most US orders via UPS within 2-3 business days.
The shipping charges will be automatically calculated on the Check Out page, based on the value of your order, and the shipping address.
Although Odegard Carpets attempts to give reasonable estimates of anticipated delivery dates, actual delivery dates might be subject to circumstances beyond Odegard Carpets control, including delays caused by governmental inspections, shipping, and events in the country of origin of the goods sold.
Odegard Carpets warrants that the Products shall be free from defects in workmanship or materials. Some inconsistencies are inherent in handmade products. For a period of ninety (90) days following the date of delivery of each Product, Odegard Carpets, at its sole cost and expense, shall repair or replace any Product which is defective in workmanship or materials without cost to the Customer, or, at Odegard Carpets discretion, make a price adjustment to such Product. It is understood that the Products are hand-made and unique, and are likely to contain variations in color, size, texture, markings and other aspects related to the materials used. Such variations in Odegard Carpets Products are natural and do not, for that reason, render a Product defective. This warranty does not cover any damage caused by accident or misuse occurring after such Product is delivered to the Customer or the Customer’s representative.
EXCEPT AS EXPRESSLY HEREIN STATED, ODEGARD CARPETS SHALL NOT BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF ODEGARD CARPETS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIALPURPOSE OF ANY LIMITED REMEDY), OR FOR THE BREACH OF ANY WARRANTY, EXPRESS OR IMPLIED, WHETHER OF MERCHANTABILITY OR FITNESS FOR ANY PURPOSE OR OTHERWISE, ANY IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING OR COURSE OF PERFORMANCE, OR FOR ANY OTHER OBLIGATION OR LIABILITY ON ACCOUNT OF THE PRODUCTS COVERED BY THIS AGREEMENT.
EXCEPT AS EXPRESSLY HEREIN STATED, ODEGARD CARPETS DOES NOT MAKE, AND HEREBY SPECIFICALLY DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ANY IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING OR COURSE OF PERFORMANCE.
All Items are not returnable.
Returns, Cancellations, and Limitations on Claims
Customer shall notify the Company of any defect in the Product within 48 hours of delivery and shall arrange for return within 15 days of delivery. If notice is not timely given, Odegard Carpets reserves the right to reject any return of the Products.
Odegard Carpets shall not be liable to the Customer or deemed to be in default for any delay or failure in performance resulting directly or indirectly from acts of God, civil or military authority, acts of the public enemy, terrorism, war, riots, civil disturbances, insurrections, accidents, fire, explosions, earthquakes, floods, the elements or any other cause beyond the reasonable control of Odegard Carpets.
Attorneys’ Fees. The parties consent to the jurisdiction of the United States District Court, Southern District of New York, or the Supreme Court of the State of New York, County of New York, with respect to any dispute concerning the interpretation or performance of this Agreement. In the event that Odegard Carpets commences any action or proceeding in order to enforce the terms of this agreement, it shall be entitled to recover, in addition to any damages and other relief, its costs and attorneys’ fees expended to the extent that it prevails in such action or proceeding.
- This Agreement may not be modified or amended except by an Instrument in writing signed by the parties hereto.
- No omission or delay by either party in requiring due and punctual fulfillment by the other in its obligations hereunder shall be deemed to constitute a waiver.
- This Agreement represents the entire understanding of the parties. There are no representations, promises, warranties, covenants or undertakings other than those expressly set forth herein.
- If, for any reason, any provision of this Agreement is held invalid in whole or in part, such invalidity shall not affect any other provision of this Agreement not held so invalid, such other provision shall to the full extent consistent with law continue in full force and effect.
- This Agreement has been executed and delivered in the State of New York, and its validity, interpretation, performance and enforcement shall be governed by the laws of said State, without regard to principles of conflicts of law.
All notices which either party is required or may desire to give to the other party shall be given by overnight courier (next day delivery) or registered mail, addressed to such party at the address referred to above, or at such other place as the party may from time to time designate in writing. Five days after the date of mailing any such notice shall be deemed to be the date of delivery thereof, unless actual prior delivery occurs.