Terms & Conditions
Mill Creek Carpet & Tile Company
Contractual Terms and Conditions of Sale
- Thank you for your business.
- Customer agrees to be responsible for moving, uninstalling and re-installing all gas appliances, icemakers, refrigerators, furniture, breakables, draperies, computers and audio/video equipment, etc.
- Customer is responsible for securing and, if necessary, sequestering all pets.
- Should baseboard trim have to be repaired or replaced, additional charges may apply.
- Should carpet tack-strips need to be repaired or replaced, additional charges may apply.
- Should any unforeseen conditions exist on the job, additional charges may apply.
- Customer understands that it is common and customary to “touch-up” paint after installing new flooring products; Customer accepts responsibility for all such painting touch-ups.
- We will not ask our installers to:
- Remove carpet/pad that has been soiled by pets;
- Cut off doors for clearance;
- Rework quarter-round or baseboards;
- Move heavy furniture;
- Run wires under carpet, grout or otherwise violate any building codes or requirements; and
- Perform to unrealistic or unreasonable expectations.
- Customer agrees to complete Mill Creek’s “Installation Satisfaction Checklist” to ensure that the job is completed and all issues are satisfactorily resolved.
- Customer agrees to make timely remittance of any C.O.D. obligations and to comply with any applicable credit policies of Mill Creek. Interest shall accrue at 18% per annum on any unpaid balances. Customer shall reimburse Mill Creek for any and all collection costs, including NSF fees and collection agency fees.
- Customer agrees that construction projects can be difficult to schedule and customer agrees to coordinate work/installation schedules with Mill Creek.
- All product warranties (from the manufacturer, not Mill Creek) shall be provided to the Customer after completion of the job. Mill Creek shall warrant installation labor for a period of one year after installation. THE FOREGOING WARRANTIES ARE THE ONLY WARRANTIES AVAILABLE TO CUSTOMER. ALL OTHER WARRANTIES ARE HEREBY DISCLAIMED, IN FULL. Should Customer fail to pay all account indebtedness, all warranties are thereafter void. Warranties are not assignable to any other person, entity or subsequent purchaser of Customer’s property.
- Customer agrees to submit any complaints to Mill Creek and allow a reasonable time to cure any problems. Should any complaint be thereafter unresolved, the parties agree to submit any and all disputes to mediation. Should mediation prove unsuccessful, the parties agree to binding arbitration and shall choose a mutually agreeable arbitrator/venue and procedure. Should Customer fail to pay in accordance with Customer’s obligation, Mill Creek shall be entitled to file a lien against Customer’s property. The “prevailing party” in any dispute or litigation shall be entitled to recover attorney’s fees, costs and witness fees against the non-prevailing party.
- This agreement together with the form documents exchanged constitutes the entire agreement of the parties. Any modification to the terms hereof shall require the express, written approval of each party (executed by a member, manager or corporate officer thereof, if applicable).
- This agreement shall be governed by the laws of the State of Oklahoma. Should any part of this agreement be deemed unenforceable, an arbitrator or court shall apply the balance of this agreement as if the unenforceable provision were not contained herein.
- Venue for any litigation shall be Tulsa County, State of Oklahoma.
- Customer’s remedies are limited to: (i) return and replacement of material; or (ii) refund of money paid. Customer’s damages in the event of a breach by Mill Creek are hereby limited to the purchase price paid by Customer.
- Any “special order” items are not returnable; any re-saleable stock that is returned shall be subject to a 25% restocking fee.