Terms and Conditions
PAYMENT POLICY: We require a 50% deposit to initiate an order. Balance is due in full prior to shipment or delivery. Payments can be made in either Cash, Check (personal or business), Mastercard, Visa, Discover or American Express.
CANCELLATIONS: On all flooring, wall paneling, millwork or custom orders, deposits are non-refundable, unless otherwise specified. In stock items purchased from the retail building are refundable, minus the re-stocking and credit card fee, if applicable.
If an order is cancelled, a 20% re-stocking fee will be assessed on the total order, minus any freight charges not incurred. Additionally, if payment has been made via credit card, a 6% credit card processing fee will be assessed.
SHIPPING: All orders that cannot be delivered by Bingham Lumber are shipped by insured common carrier or flat bed, depending on quantity. Customer assumes all responsibility for material once it has left Bingham Lumber. All freight charges are to be paid to Bingham Lumber by customer unless otherwise specified at time of order. All deliveries made by Bingham Lumber to a taxable state will be charged the applicable tax for the state of delivery. An estimate will be issued at the time the order is placed. Freight rates can change depending on delivery options chosen, such as residential, lift-gate, etc.
PACKAGING CHARGE: On orders totaling less than $500.00, there will be an additional $75.00 small order crating/handling charge if shipping with common carrier.
OWNER/INSTALLER RESPONSIBILITY: Authentic, solid hardwood floors are a natural product. Inspection of the product is the responsibility of the homeowner/installer/project manager prior to installation. All inspections must be done prior to installation. Once installation has occurred, no return or rejection can be made. Bingham Lumber, Inc. maintains the right to inspect all wood flooring prior to installation if a complaint arises. All of our solid plank flooring is manufactured within accepted industry standards that permit a defect tolerance not to exceed 10%. Defects allowed within the industry standard can be of a natural characteristic of solid wood flooring, or a manufacturing defect.
If inspection of the product is not done according to the above guidelines, all rights to return, exchange, correct or remedy will be forfeited for non-compliance. Bingham Lumber, Inc. must be notified of the defect in writing via email or written letter within 30 days of delivery, but not after installation. Bingham Lumber, Inc. maintains the right to correct any defects that are not within the allowable industry standards. Prior to installation, installer (whether it be homeowner or contractor) must be sure that the sub-flooring or sub surface meet or exceed the guidelines set forth within the NWFA guidelines for installation. If a defect occurs as the result of insufficient or defective sub-surfaces, Bingham Lumber will not be responsible for repair, replacement or remedy to the customer. Additionally, prior to and during installation, the homeowner or contractor must maintain all job site conditions held within the normal flooring installation standards found within the NWFA flooring installation guidelines involving moisture content, humidity and typical environmental guidelines.
If allowed within the grade of the product, filling of knots, checking or nail holes as part of an installation is a normal part of installation of an unfinished floor. If prefinished, use of touch up stain and finish is also a normal installation practice. Please be aware of the needs of the product that you are choosing when placing your order. Our products are custom made and the needs of each product may be different than the standard practice.
Guarantees & Warranties
OUR GUARANTEE: Bingham Lumber, Inc. has built its reputation for exceptional craftsmanship and outstanding quality by exercising careful attention to detail and utilizing only the finest materials. Well over half our business comes from repeat orders and customer’s referrals. Your satisfaction is of the utmost importance to us. Our warranties apply to materials only. Bingham Lumber, Inc. makes the following limited warranties backed by a Repair/Replacement Remedy for its products. These warranties extend to the original purchaser only and apply only if original purchaser inspects product prior to installation or use and notifies Bingham Lumber, Inc. in writing of any defects noted during such inspection.
LIFETIME LIMITED WARRANTY: Our Repair/Replacement Remedy. We will protect you with our repair or replacement of flooring or other product. If our Product is found to be defective, Bingham Lumber, Inc. will repair or replace the failed portion at no cost to you, that is, with the same product or another compatible product of equal or lesser value. Bingham Lumber, Inc. will pay reasonable shipping costs to and from your home for warranty replacement materials. Materials used for replacement are warrantied only for the remainder of the applicable warranty period. The Repair/Replacement Warranty is the sole remedy available to the Buyer. The lifetime limited warranty applies only to the wood product itself and no additional finish warranty is applied other than the applicable finish manufacturer’s warranty.
Your Responsibility & What Is Not Covered
All warranties are subject to the following conditions;
1. You must inspect the flooring prior to installation and notify Bingham Lumber, Inc. in writing of any defects or non-conformities prior to installation either in writing or by email.
2. You must retain your original invoice.
3. All warranty servicing of this product must be done by an authorized servicer of Bingham Lumber, Inc.
4. This warranty is effective only if the product is purchased and used in the United States.
5. This warranty does not cover installation, removal, finishing, re-finishing or re-installation charges.
6. This warranty does not cover scratches, indentations, or damage caused by (i) installation in any room which does not meet the specifications outlined in the manufacturer’s installation instructions, (ii) installation into any room which exposes the floor to extreme heat, moisture or dryness, (iii) Acts of God, fire, water, erosion, spike heeled shoes, insects, pets, claws, sand, grit, pebbles, abrasives, insufficient protection from furniture, negligence, failure to follow all manufacturer’s specific written installation instructions, improper maintenance, insufficient protection, misuse, improper installation, or improper alteration, (iv) failure to follow recommended floor care and maintenance steps, or (v) defective finish applied on-site and not by a Bingham Lumber Inc. servicer or representative.
7. Use of floor care products that are not recommended by manufacturer for the care of the custom finish applied by Bingham Lumber, Inc. will void this warranty.
8. Normal exposure to sunlight will cause a wood floor to oxidize or change color. This subtle change of color is not a product defect and is not covered by this warranty. The deepening of the color of the wood is normal as the floor ages. Area rugs should be moved periodically to equalize this oxidation and enhance the beauty of your floor.
9. Wood is a natural product and will expand and contract to some extent throughout the year according to factors such as heat and humidity. Properly installed wood floors may exhibit some minor separations between boards from season to season. If these separations do occur, they are not product defects and are not covered by this warranty.
10. All purchases are subject to Bingham Lumber, Inc.’s terms and conditions.
Important Warranty Exclusions
THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES EXCEPT AS SET FORTH ABOVE. ALL WARRANTIES IMPLIED BY STATE LAW, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY LIMITED TO THE DURATION OF THE EXPRESS WARRANTIES SET FORTH HERE. WITH THE EXCEPTION OF ANY WARRANTIES IMPLIED BY STATE LAW AS HEREBY LIMITED, THE FOREGOING WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, GUARANTIES, AGREEMENTS AND OBLIGATIONS OF MANUFACTURER OR SELLER WITH RESPECT TO THE REPAIR OR REPLACEMENT OF ANY PRODUCT OR PARTS. NEITHER MANUFACTURER NOR SELLER SHALL BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES. THE SOLE REMEDY PROVIDED BY THIS WARRANTY IS THE REPAIR OR REPLACEMENT OF DEFECTIVE PRODUCTS. THIS WARRANTY DOES NOT COVER THE COST OF REMOVAL OR INSTALLATION. ARBITRATION; CHOICE OF LAW AND FORUM; CONSENT TO JURISDICTION. With the exception of a claim brought by SELLER for equitable, provisional or ancillary relief (including without limitation temporary or permanent injunctive relief or specific performance), any dispute or controversy (including, without limitation, any action, demand, suit, claim or proceeding) arising out of, in connection with, or relating to our Products or these terms and conditions shall be resolved by arbitration. Except as otherwise provided herein, such arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”), which shall administer the arbitration. In the event of any conflict between such Rules and this paragraph, the provisions of this paragraph shall govern. All proceedings and documents filed in the arbitration shall be in the English language. The arbitration shall take place in Milford, New Hampshire, United States of America. The parties consent to the personal jurisdiction of the state courts of Massachusetts and federal courts of Massachusetts and as the exclusive forum with respect to any dispute concerning equitable, provisional or ancillary relief (including without limitation temporary or permanent injunctive relief or specific performance) sought by SELLER in connection with our Product, these terms and conditions, or the arbitration it provides for.
The parties shall share the procedural costs of arbitration equally unless the arbitrator decides otherwise. Each party shall pay its own attorneys’ fees and other costs incurred by it in connection with the arbitration. The arbitrator shall have the discretion to award attorney fees to a prevailing party where the losing party has brought a claim or defense devoid of legal merit or factual basis. Judgment upon the award rendered may be entered in any court having jurisdiction thereof. The parties acknowledge that any invoice, order and these terms and conditions and any award rendered pursuant thereto shall be governed by the 1958 United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards, as amended. Any and all judgments, decisions and awards for money damages (including without limitation all expenses, interest, and other damages of any kind) shall be made in and paid in United States dollars. The parties agree not to publicize the existence of, and terms thereof, of any dispute or controversy, including without limitation any arbitration, and shall keep all information confidential except as required to prepare for and hold the arbitration. The pendency of a demand for arbitration or arbitration proceedings here-under shall not, in and of itself, discharge or excuse continuing performance by the parties of their obligations and duties under this Order and these terms and conditions. Except to the extent inconsistent with the above, any dispute or claim relating to and in connection with in any way to our Products shall in all respects be governed by and construed solely according to the substantive laws of the State of New Hampshire (excluding its conflict of laws principles); and not by the provisions of the 1980 United Nations Convention on the International Sale of Goods. Some States do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This warranty gives you specific legal rights, and you may have other rights which vary from State to State.
WHAT YOU MUST DO FOR WARRANTY SERVICE: To file a claim, contact Bingham Lumber, Inc. at the 89 Route 13 Brookline, NH 03033 or via email at email@example.com. Claims must be filed within the warranty coverage period. Information verifying date of purchase may be requested. Bingham Lumber, Inc. reserves the right to have a designated representative inspect the floor and remove samples for technical analysis. Bingham Lumber, Inc. also may require that photographs of the floor in question be furnished by the purchaser prior to processing a claim. Except for implied warranties arising under state law, the time within which such an action must be commenced to enforce any obligation of the seller or manufacturer arising under this warranty or under any state or law of the United States or any state thereof, hereby is limited to ninety (90) days from the date you discover or should have discovered the defect.