Peninsula Flooring: Terms and Conditions of Sale
Acceptance of Terms Effective Date: March 30, 2026
1. GENERAL APPLICABILITY These Terms and Conditions of Sale apply to all wholesale, commercial, and dealer purchases from Peninsula Flooring, encompassing all product lines including NatDura Engineered Hardwood, UniCore SPC & UniCore PRO WPC Luxury Vinyl Plank, the Vanguard Collection, the Heritage and the Legacy Reserve. By placing an order, the purchaser (hereinafter “Customer”) agrees to these terms.
2. FINANCIAL TERMS & TAXES
- Payment Terms: For Customers with approved credit, payment terms are strictly as invoiced. Past due accounts shall accrue interest at a rate of 1.5% per month (18% annually) or the maximum rate permitted by New York law, whichever is less. In the event of default, the Customer agrees to pay all costs of collection, including reasonable attorney’s fees and court costs.
- Sales Tax Exemption: Peninsula Flooring operates as a wholesale distributor. All prices are exclusive of federal, state, and local taxes. Customers claiming tax exemption must provide a valid, signed Resale Certificate or Tax Exemption Certificate for the delivery state prior to shipment. Otherwise, applicable sales tax will be added to the invoice.
3. FREIGHT, SHIPPING, AND DELIVERY
- Delivery Method: Peninsula Flooring arranges freight logistics on behalf of the Customer via Less-Than-Truckload (LTL) freight carriers. Deliveries are strictly curbside.
- Risk of Loss: Risk of loss and title pass to the Customer upon delivery of the goods to the designated destination.
- Visible Damage & Liability: The Customer MUST be present to inspect the shipment. Any visible damage to pallets or cartons must be explicitly noted on the carrier’s Bill of Lading (BOL) before signing. Peninsula Flooring’s liability for transit damage strictly terminates once the delivery is signed for without damage noted.
- Concealed Damage: Concealed damage must be reported in writing, with photographic evidence, within 72 hours of delivery.
- Force Majeure: Peninsula Flooring shall not be liable for delivery delays due to circumstances beyond our control, including natural disasters, port congestion, customs delays, labor strikes, carrier delays, or raw material shortages.
4. INSPECTION AND ACCEPTANCE (THE “INSTALLED IS ACCEPTED” RULE)
- Pre-Installation Inspection: It is the sole responsibility of the Customer and their installer to inspect all flooring for color, finish, milling, and general quality prior to installation.
- Acceptance: Once a plank is cut, glued, nailed, or clicked into place, it is considered legally accepted. Peninsula Flooring accepts no liability for labor or replacement costs for planks installed with obvious visual defects. Wood is a natural product; variations in color and grain are not manufacturing defects.
- Variation: Wood is a natural product; variations in color, grain pattern, and character are not manufacturing defects.
- Color and Sample Variance: The color, shade, and gloss of the actual production material may vary from website imagery, printed marketing materials, physical photographs, and showroom display samples. Display samples are indicative of general color and texture only and do not guarantee an exact match to the final delivered product. Such variances are not considered manufacturing defects.
5. RETURNS, EXCHANGES, AND CANCELLATIONS
- Return Policy: Returns are accepted within 30 days of the delivery date for unopened, undamaged, and resalable cartons only. No partial cartons or accessories may be returned.
- Restocking Fee: All authorized returns are subject to a 25% restocking fee. The Customer is responsible for all return freight logistics. Original shipping charges are non-refundable.
6. INDEMNIFICATION The Customer (including builders, contractors, and dealers) agrees to indemnify, defend, and hold harmless Peninsula Flooring from any claims, lawsuits, or damages arising from the Customer’s improper installation, misrepresentation of the product, negligence, or failure to adhere to the official Peninsula Flooring Installation Guidelines.
7. LIMITATION OF LIABILITY & IMPLIED WARRANTIES EXCEPT AS EXPRESSLY SET FORTH IN PENINSULA FLOORING’S WRITTEN WARRANTIES, WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Under no circumstances shall Peninsula Flooring be liable for indirect, incidental, special, or consequential damages, including lost profits or contractor delays.
8. GOVERNING LAW These Terms shall be governed by the laws of the State of New York. Any legal action arising out of these Terms shall be brought exclusively in the state or federal courts located in Kings County, New York.
