Terms of Service

 

I.  INSTALLATION GUIDELINES:

  1. All cut edges (both at seam and all perimeters and openings) require proper seam sealer to prevent unraveling and fraying.
  2. Kane Carpet recommends that you study seaming instructions for woven carpet on our website; at (www.kanecarpet.com)under “Installation & Maintenance”.
  3. Kane Carpet recommends that all seams be taped using the (Kool Glide Seaming System) which is described on our website whether you are installing glue down, double stick or tackless stretch-in.
  4. All seams must be trimmed following a bead on the back of the carpet (no straight edges or top cutters). Refer to “Installation & Maintenance at (www.kanecarpet.com).
  5. Kane Carpet recommends that all installations are to be stretched in over pad and/or double stick application.

 

II.  PROCEDURES FOR HANDLING COMPLAINTS AND INSPECTION PROCEDURES:

  1. The purchaser, upon receipt of a complaint from a consumer, shall inspect the installation.  If the purchaser determines that further investigation is required, the purchaser has the responsibility to notify the manufacturer of the nature of the complaint within five (5) working days from the date of the purchaser’s inspection.
  2. The carpet manufacturer reserves the right to send a representative to inspect the complaint, and, if at all possible, to have the dealer present at that time.  If this is not possible, an independent carpet inspection service (approved by I. I. C. R. C.) may be asked to inspect and report on the claim.
  3. All merchandise must be checked for correct (style, color, size and dye lot) before cutting and/or installing.
  4. Complimentary samples are for color reference only and should not be used for ordering purposes. Claims will not be accepted for carpet not matching a complimentary sample; dye lot, texture, etc. may vary on sample & carpet.
  5. Claims will not be entertained on merchandise that has been cut and/or installed when visible defects are present.
  6. Claims for a damaged shipment, lost or delayed should be filed by the dealer against the carrier, unless it shipped pre-paid.  If shipment went pre-paid you have 10 days from the invoice date to file a claim with Kane Carpet, if no claim is filed within this time frame you will be responsible for filing a claim with the carrier. The manufacturer is not responsible for any accrued storage charges, reconsignments or redelivery fees.
  7. Improper installation is not grounds for a claim against the manufacturer.  The “Standard for Installation of Textile Floor covering Materials” (CRI-104 & 105) is the ONLY carpet installation technique accepted.  Evidence that these specifications were not adhered to is basis for disallowance of a claim.  In addition, see our seaming instructions and installation video on our website (www.kanecarpet.com) under “Installation & Maintenance”.
  8. A perfect match pattern cannot be guaranteed due to technological limitations in carpet finishing.  When installed by a qualified installation specialists, following recommended procedures, a reasonable pattern match, within generally accepted industry standards, can be expected.  Refer to Kane’s website for additional information on “Installation & Maintenance at (www.kanecarpet.com).
  9. Unsatisfactory carpet appearance caused by improper maintenance, use of harsh cleaning agents, improper cleaning procedures, or exposure to household chemicals is not considered a defect and is not a basis for claims.
  10. No claims or returns will be honored unless first authorized in writing by the manufacturer to the purchaser.
  11. Alterations in carpet appearance or performance due to “on location” application of topical treatments, (i.e., “soil retardants”, “anti-static’s”, “anti-microbial”) after carpet is installed, is not a basis for claim against manufacturer.
  12. It is normal for carpet to change color under certain conditions.  Color retention is affected by the presence of sunlight, humidity and heat.  Color appearance can change in traffic areas as a result of these conditions and/or as a result of improper maintenance.
  13. It is normal for carpet to have dye and textural variation from the original sample or from dye lot to dye lot. Such variations are not a basis for a claim.   
  14. Matting will occur in all carpets.  It is generally noticeable in traffic areas and pivot points and is not considered a manufacturing defect.
  15. Shading, pooling, and watermarking are conditions, which occur beyond the control of the manufacturing process.  These conditions are not considered defects in material or workmanship.  
  16. Shedding or fuzzing is a normal characteristic of some carpets and are not manufacturing defects. 
  17. Corn rowing is characterized by width-wise ridges across traffic areas.  This condition is considered characteristic of certain carpets and is not a manufacturing defect.
  18. The manufacturer reserves the right to replace missing tufts.
  19. Occasional sprouting or tuft loss is a normal condition of cut pile carpeting and is not considered a manufacturing defect.
  20. We are not responsible for tears, burns, pulls, cuts, soiling, staining, pet damage, pile crushing or missing tufts.
  21. There is no warranty on carpet installed on stair steps as wear and tear in these areas cannot be gauged or tested.
  22. The manufacturer has the obligation to correct any manufacturer’s defect, which manifests itself within the first year after sale of merchandise by the manufacturer to the purchaser, unless otherwise specified.  Except where written guarantees state to the contrary, no claim of any type will be honored where the carpeting has been installed for more than two (2) years.
  23. In the case of a manufacturing defect, the manufacturer reserves the right to repair or replace the carpet, or any part thereof, at the manufacturer’s discretion.
  24. The manufacturer’s liability is limited to the purchaser’s invoice cost of the carpet and under no circumstances will the manufacturer be responsible for labor charges of any kind, or for any indirect or consequential damages.
  25. If an inspection is conducted and it is found to be installation related, the dealer will be responsible for all inspection fees incurred.
  26. The manufacturer will request and require pictures of any claimed material prior to processing any claim.
  27. Allowances & credit balances will be credited to future purchases only, no cash refunds.

 

III.  “DEFECTS” – DEFINITION:

  1. A “Visible Defect” is defined as an obvious defect that can readily and easily be discerned prior to, or at the time of installation.  The purchaser or carpet installer must notify the manufacturer of visible defects prior to installation.  A purchaser, who knowingly installs visibly defective carpet without following the notification procedure outlined above, will have no basis for recourse against the manufacturer.
  2. A “Latent Defect” is defined as a defect in the manufactured product that is neither apparent nor visible upon reasonable inspection prior to use of the product, but becomes apparent at a later time.  It is the responsibility of the purchaser to give notice to Kane Carpet immediately upon discovery of such latent defect.  If purchaser fails to give such notice there will be no basis for recourse against Kane Carpet.  Proration based on the expected usage is an acceptable procedure in the settlement of this type of claim.

 

IV.  CONSUMER NOTIFICATION:

Consumers must be told that carpet is subjected to more abuse in use than any other home furnishing.  A sensible maintenance program must be established to achieve satisfactory appearance retention.  Failure to exercise good maintenance will result in dramatic deterioration of surface appearance, for which the carpet manufacturer cannot be held responsible.  Proper maintenance procedures for both residential and commercial installation are readily available from carpet manufacturers, fiber producers, and carpet dealers.

 

V.  LEGAL JURISDICTION:

PLEASE NOTE:  The placing of an order to purchase goods from Kane Carpet constitutes the buyer’s consent and agreement that any litigation between the parties shall only be commenced in the State of New York and the buyer consents to such jurisdiction.

 

VI.  RETURNS:

No merchandise may be returned WITHOUT A WRITTEN RETURN AUTHORIZATION issued by Kane Carpet.  Any returns must be in accordance with the Return Authorization and shipping instructions. NO UNAUTHORIZED RETURNS WILL BE ACCEPTED!!

 

VII.  RESTOCKING:

Kane Carpet will not accept returns or restock merchandise that is custom made or a special order.  We will not restock any merchandise that has been cut.  Restocking fees may vary according to circumstances.  Kane Carpet reserves the right to decline any request for restocking.  Most returns are subject to a restocking fee & all freight charges.

 

VIII.  SHIPPING:

All Kane Carpet shipments are F.O.B. Calhoun, GA warehouse, Brooklyn, NY warehouse, the pier or airport, as applicable to the individual order.  Kane Carpet assumes no liability for shipping, trucking or airfreight.

 

IX.  PAYMENT: 

All invoices must be paid in full within 30 days of invoice; all orders are subject to credit approval. 

 

X.  CHARGES: 

All prepaid freight charges will carry a service charge.

 

XI.  CANCELLATION: 

Cancellation of any order must be in writing and prior to order being cut.  Once cut, orders for U.S.A and European stocked carpet are NOT subject to cancellation.  Once in production, custom orders are NOT subject to cancellation. 

 

XII.  MINIMUM ORDERS: 

Cut lengths less than 9’ will carry a  service charge.

 

XIII.  CREDIT CARD FEE: 

All credit card payments will carry a processing fee.