Product Liability and Return Policy
E & K Vintage Wood (E & K) products are manufactured from reclaimed or rescued wood. We view this as a tremendous net advantage - you will have a hard time finding new wood which comes close to matching E&K products uniqueness, character and overall quality. At the same time, some of the very characteristics that give reclaimed wood its appeal create issues whose practical implications need to be considered.
With the exception of the limited protection specifically provided herein, all E&K products are sold as-is, with no warranties express or implied. E&K makes no warranties or representations relative to the fitness of its products for a particular use or in a particular location. E&K further makes no representations about likely yield percentages or waste factors for your use/application. It is your responsibility to verify the suitability of E&K products for your project and to determine appropriate quantities to order to account for yield/waste issues. We encourage you to physically inspect products before ordering them whenever possible.
With the exception of the limited protection specifically provided herein, all of E & K Vintage Wood (E&K) goods are sold as-is, with no warranties expressed or implied. E&K makes no warranties or representations relative to the fitness of its products for a particular use or in a particular location. E&K further makes no representations about likely yield percentages or waste factors for your use/application. It is your responsibility to verify the suitability of E&K products for your project and to determine appropriate quantities to order to account for yield/waste issues.
E&K products are visually inspected by E&K, E&K also will provide at the customers request other sources of information about its products ato communicate information about the physical characteristics of its products including samples, photos and other secondary sources of product information they should not be relied upon to reach conclusions about product characteristics which are inconsistent with or add to information on specification sheets or in proposal terms.
You should not rely upon statements (verbal or written) made by E&K employees or partners which are inconsistent with or add to information on product specification sheets, proposal terms or E&K policy documents (including this Product Liability and Return Policy.) Such statements are not authorized by E&K.
E&K specification sheets and proposal terms focus on E&K product characteristics, not on the practical implications of those characteristics for your application. Where specification sheets or proposal terms mention specific possible practical implications of E&K product characteristics (and/or set forth possible approaches for addressing such implications,) such notes are intended to provide a “heads up” that you should carefully consider when deciding how and where to use E&K products. Nothing in E&K specification sheet or proposal term should be interpreted as in any way guaranteeing or warranting the result of a specific method of (1) addressing a practical implication of a product characteristic or of (2) installing or using E&K products.
E&K in no way represents that its specification sheets and proposal terms capture all of the physical characteristics (or even all of the important physical characteristics) of its products, let alone all of the potential implications of those characteristics for your application.
As a service to its customers, E&K will sometimes make available information originating from others (research, articles, user feedback, etc.) which might be helpful in the process of deciding how to install or use E&K products. E&K makes no representations or warranties relative to the accuracy of this information or its applicability to your specific situation.
Products with (1) chemical treatments of which you are not informed or (2) mold/fungus issues of which you were not informed and were existing at the time of product shipment will be viewed as being a materially different product from that described on a relevant product specification sheet whether or not such a specification sheet actually exists. As with other nonconforming products, you must notify E&K of treatment or mold/fungus issues within 10 days of product shipment. E&K accepts no liability or responsibility for mold/fungus issues which arise after your receipt of E&K products.
E&K does not represent its products to be free of metal, dirt, insects/bugs or other contaminants. Even when E&K removes metal from and/or metal detects a product, you are responsible for verifying that the material is fit for sawing or other processing. E&K may, at customer's request, kiln dry the customer's material or apply borate, fumigants or other treatments in an attempt to reduce the potential for insect/bug issues. These services do not create a guarantee or warranty that the material is or will be completely insect/bug free. E&K accepts no liability or responsibility for damage, injury or harm to people and/or property resulting from the processing or use of E&K products.
E&K responsibility for products which do not conform to applicable specification sheets (including the chemical treatment and mold/fungus special cases addressed above) is limited to the replacement of product or the refund of purchase price. E&K accepts no other liability or responsibility for rejected and/or defective products.
Note: On flooring products, as they are remilled from existing timber in most cases, they rarely if ever contain any metal or other debris as they have run through the mill already. Likewise any chemical treatments and or mold and fungus are a rare occurrence in milled flooring as the surfaces have been milled. On occasion we sell reclaimed flooring that we have not remilled and then the above warranties are more appropriate. When we sell reclaimed original flooring that will be noted.
In the event that you are not satisfied with E&K products, the following specific rules apply in determining return options:
1. If, at the time of shipment, a product is materially different from that described on a signed proposal or applicable specification sheet referenced thereby and E&K is notified of the problem within 3 days of receipt of pickup or receipt of shipment, Reclaimed Wood Products will, at its option:
1a. Replace the product that does not conform to the specification sheet or proposal term or
1b. Refund the purchase price of the product that does not conform to the specification sheet or proposal term.
E&K accepts no liability or responsibility for rejected and/or defective products other than the above-mentioned replacement of product or refund of purchase price.
2. If a product is not materially different from that described on a signed proposal or specification sheet referenced thereby and E&K is notified of the customer’s desire to return the product within 3 days of product pickup, handling depends on whether the product is a custom or standard product.
2a. Custom products (any milled products, special order): cannot be returned; in determining product return options, any product that is cut to specific dimensions to satisfy the requirements of an order is to be considered a custom product even if the product would otherwise qualify as a standard product.
2b. Standard products which are carried in stock: can be returned, subject to a 25% restocking fee (customer is responsible for returning the product, in good condition, to E&K.).
3. Products cannot be returned more than 10 days after shipment.
4. Products that have been processed or altered in any way cannot be returned. Please contact us immediately if you wish to make changes to an existing order. However, we cannot guarantee changes can be made after your order is placed.
5. Products to be returned must be returned through the proper channels. Product returns must be handled by (and any credits/refunds issued to) the customer to whom E&K sold the product.
E&K has no contractual relationship with or obligation to parties other than those with whom it has entered into a direct agreement by means of a signed proposal.
Customer shall pay all shipping charges and any additional charges for special packaging requested by Customer. We recommend that you arrange to have plenty of assistance and equipment available to move the order at the time of the delivery as weather or other conditions could damage any order left at the curbside. Please consider the accessibility of your street or driveway as orders are typically shipped on full-size semi trucks. If a smaller truck is unavailable, you will be asked to pick up the order at the freight carrier’s trucking terminal.
Transfer of Title – Risk of Loss – Insurance.
The delivery of your order to the freight carrier constitutes a transfer to Customer of title, ownership, and possession of the products ordered. The risk of loss for the products shall pass to Customer upon delivery of the order to the freight carrier. You may purchase shipping insurance directly from the freight carrier, and at your request we will obtain a quote for you. We arrange for shipping your products with a commercial freight carrier as a courtesy, unless you wish to make your own shipping arrangements.
The delivery time stated above is an estimate and is not guaranteed. Shipping is subject to unavoidable delays caused by material shortages, strikes, accidents, or other causes beyond our control.
Any order that has not been paid in full as of the date the order is ready to be shipped is subject to a service charge of 1½% interest per month on the unpaid balance. Any order not paid within 60 days of the initial shipment date will result in a cancellation of the order.