Standard Terms and Conditions of Sale
Delivery & Receiving
FSI provides curbside delivery only unless otherwise agreed in writing. The customer must inspect all materials at the time of delivery or pickup. Any shortages, incorrect items, or visible damage must be noted on the delivery receipt before it is signed. Once materials are accepted and signed for, they are deemed received in good condition and in the correct quantities unless otherwise required by law. Risk of loss transfers to the buyer upon delivery or pickup. The buyer is solely responsible for proper loading, transportation, unloading, storage, and handling after possession is transferred.
Measurements, Quantities & Installation
The buyer is solely responsible for verifying measurements, square footage, material quantities, product suitability, and jobsite conditions before installation. Flooring products must be properly acclimated and installed in accordance with the manufacturer’s written instructions. Installation of any product constitutes acceptance of the product’s color, finish, quality, and condition. No claims for visible defects will be accepted after installation has begun. Manufacturer warranties, if any, are the exclusive warranties applicable to the products.
Returns & Refunds
Stock products may be eligible for return within 30 days of purchase with prior authorization. Returned products must be unopened, unused, in original packaging, and in resalable condition. Approved returns are subject to a 25% restocking fee. Special-order, custom, discontinued, clearance, adhesive, glue, underlayment, trim cut to length, and opened or damaged products are final sale and are not returnable. Original delivery charges are non-refundable.
Claims & Limitation of Liability
All claims must be submitted promptly. FSI’s maximum liability shall not exceed the purchase price of the products giving rise to the claim. FSI shall not be liable for labor, installation, removal, reinstallation, delays, lost profits, incidental, indirect, special, or consequential damages to the fullest extent permitted by law.
Payment
A $25 fee will be charged for returned checks. Overdue balances may be subject to applicable interest, collection costs, and reasonable attorney’s fees where permitted by law.
General
These terms govern all sales unless superseded by a written agreement signed by FSI. If any provision is found unenforceable, the remaining provisions remain in effect. Florida law governs these terms unless otherwise required by law.
Order Cancellations
Orders for stock products may only be canceled with FSI’s written approval prior to shipment or pickup. Special order, custom, and non-stock products cannot be canceled, modified, or returned once the order has been submitted to the manufacturer or supplier. Any approved cancellation may be subject to cancellation, freight, or restocking charges.
Dye Lot, Shade & Product Variation
The customer acknowledges that flooring products, including hardwood, laminate, luxury vinyl, tile, and natural stone, may exhibit normal variations in color, shade, texture, gloss, grain, pattern, finish, and dimensions. These variations are inherent characteristics of the products and are not considered defects. Products purchased at different times may originate from different manufacturing lots and may not match previous purchases exactly.
Moisture, Jobsite & Installation Conditions
The customer is solely responsible for ensuring that the jobsite, subfloor, moisture levels, temperature, and humidity meet the manufacturer’s installation requirements before installation begins. FSI assumes no responsibility for product failures resulting from excessive moisture, improper subfloor preparation, inadequate acclimation, improper installation, environmental conditions, or failure to follow manufacturer installation instructions.
Delivery Dates & Freight Delays
Any delivery or shipment dates provided by FSI are estimates only and are not guaranteed. FSI shall not be liable for delays caused by manufacturers, freight carriers, supply chain disruptions, weather events, labor shortages, or other circumstances beyond its reasonable control. Delivery delays shall not constitute grounds for cancellation or claims for damages.
Force Majeure
FSI shall not be liable for any delay or failure to perform resulting from events beyond its reasonable control, including but not limited to hurricanes, floods, fires, severe weather, acts of God, governmental actions, labor disputes, transportation interruptions, material shortages, pandemics, supplier delays, utility failures, or other unforeseen events.
Attorney’s Fees & Collection Costs
If FSI is required to collect any unpaid balance or enforce any provision of these Terms and Conditions, the customer agrees to pay all reasonable collection costs, attorney’s fees, court costs, and related expenses incurred by FSI to the fullest extent permitted by applicable law.
Installation Constitutes Acceptance
The customer and installer are responsible for inspecting all products prior to installation. Installation of any product constitutes the customer’s acceptance of the product’s color, shade, finish, quality, dimensions, and overall condition. No claims for visible defects, incorrect products, or aesthetic concerns will be accepted after any portion of the product has been installed.