Purchasing Terms

THIS AGREEMENT (“Agreement”) is made between Woodcraft Wood Floors, Inc., (parent company of Cleaning Wood Floors) a Washington corporation (“Woodcraft”), and any person who indicates his/her acceptance of its terms and conditions below (“you” or “your”), and applies if you are purchasing “Products,” as defined below, from Woodcraft online at its website – www.cleaningwoodfloors.com:

1. Definition of “Products.”

The term “Products applies to any item available for purchase from Woodcraft online, including, but not limited to, any floor care cleaning products, floor protection products, floor finishing products, floor wax products and mops. Woodcraft reserves the right to change the Products from time to time without prior notice to you. Ordering Products online through the Woodcraft website constitutes your acceptance of and agreement to comply with these terms and conditions stated in this Agreement.

2. Ordering Instructions.

To place your order for one or more of the Products, simply add items to your online shopping cart and proceed through checkout. All prices are in U.S. Dollars. Payment in full is required at the time of purchase. You are also responsible for all shipping and handling charges.

3. Credit Card Authorization for the Products.

Woodcraft will only accept payment for the Products with either your Visa or MasterCard credit card (no other credit cards are accepted by Woodcraft). By providing Woodcraft with your credit card account number you: (i) authorize Woodcraft to charge your card for the full amount for the Products plus all handling and shipping charges imposed by United Parcel Service or such other nationally-recognized delivery service selected by Woodcraft from time to time to deliver the Products (the “Delivery Service”) in a single payment; (ii) consent to the transfer of your encrypted credit card information and the dollar amount of the transaction to external companies for credit verification; and (iii) agree to pay the amount charged according to the card issuer agreement.

4. Return Policy for the Products.

All sales of the Products are final except that Products may be returned to Woodcraft only as expressly provided in this Section 4. You will have up to ten (10) days after delivery of the Products to return a Product or all of the Products to Woodcraft for an exchange or future credit of the Product(s); provided, however the following two general conditions are satisfied: (i) the Product(s) that you want to return is(are) “unopened” and “undamaged”; and (ii) you pay the costs of shipping the Product(s) to Woodcraft at – 1515 D Freeway Drive, Mount Vernon, Washington 98273 (1-800-893-2556).

(a) If you are returning the Products to Woodcraft for a refund, please do so by indicating in writing on a separate piece of paper. If the two general conditions stated above are satisfied, then you authorize Woodcraft to credit your credit card with the amount that you paid for the returned Products less 15% of such amount as a restocking fee incurred by Woodcraft.

(b) If you are returning the Products and want Woodcraft to exchange the returned Product(s) for other Product(s), please so indicate in writing on a separate piece of paper.

(1) If the two general conditions stated above are satisfied and the Products that you now want to purchase from Woodcraft are the same price or greater than the price you paid for the returned Products, then you authorize Woodcraft to charge your credit card: (i) the difference between the prices of the new Products and the returned Products; and (ii) the costs for shipping the new Products to you. In this situation Woodcraft will not charge you any restocking fee regarding the returned Products.

(2) If the two general conditions stated above are satisfied and the Products that you now want to purchase from Woodcraft are less than the price of the returned Products, then you authorize Woodcraft to: (i) charge your credit card an amount equal to 15% of the price you paid for the returned Products as a restocking fee incurred by Woodcraft; and (ii) charge your credit card the costs for shipping the new Products to you. Woodcraft will also credit your credit card with an amount equal to the difference between the prices of the returned Products and the new Products.

5. Damage Upon Delivery.

In the event the box in which the Products are shipped is damaged when it is delivered to you, e.g., the box is crushed or there are signs that the Products are leaking, you are to refuse the delivery. After the Delivery Service returns the damaged box to Woodcraft, Woodcraft will replace your purchased Products and deliver them to you through the Delivery Service at no additional shipping charge to you. If after you accept delivery of the shipping box you discover that one or more of the Products has been damaged during shipping, you shall: (i) promptly notify Woodcraft of such damage; and (ii) not use the damaged Product(s) because your use of the damaged Product(s) will constitute your release of Woodcraft’s agreement to replace the damaged Product(s) as stated below. Upon Woodcraft’s receipt of such notification, Woodcraft will make arrangements with the Delivery Service to pick up the damaged Product(s). Upon return of the damaged Product(s) to Woodcraft, Woodcraft agrees to replace the damaged Product(s) and deliver them to you through the Delivery Service at no additional shipping charge to you.

6. Reliance; No Liability.

In purchasing the Products you acknowledge and agree that: (i) you are not relying upon any expressed or implied recommendation by Woodcraft regarding the adequacy and propriety of the Products for your intended uses; and (ii) you are relying solely upon your own investigation and due diligence regarding the adequacy and propriety of the Products for your intended uses including but not limited to the information and recommendations by the manufacturer of the Product. You agree that you shall be solely liable for: (x) the inadequacy or impropriety of the Products you purchased for your intended uses; and (y) your improper use or application of the Products.

7. No Warranty by Woodcraft and Assumption of Risk.

THE PRODUCTS AVAILABLE ON THE WOODCRAFT WEB SITE ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL WOODCRAFT, ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, OR BUSINESS INTERRUPTION) ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE PRODUCTS, EVEN IF WOODCRAFT HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THE PRODUCTS. WOODCRAFT AND ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AND AFFILIATES DO NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY PRODUCT ON THE WEB SITE. WOODCRAFT WILL NOT BE LIABLE FOR ANY COMPENSATORY, SPECIAL, DIRECT, INCIDENTAL, INDIRECT, CONSEQUENTIAL DAMAGES, EXEMPLARY DAMAGES OR ANY OTHER DAMAGES RESULTING FROM OR ARISING OUT OF THE USE OR PERFORMANCE OF THE PRODUCTS, HOWEVER CAUSED, WHETHER FOR BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, OR OTHERWISE, AND WHETHER OR NOT WOODCRAFT HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

8. Indemnification.

You agree to defend, indemnify and to hold Woodcraft (including all of its shareholders, directors, officers, and employees) harmless from all claims, damages, costs and expenses (including the attorneys’ fees of the indemnified parties), arising out of or related to your use of the Products.

9. Right to Modify and Amend.

Woodcraft has the right to modify and amend the terms and conditions of this Agreement at any time, except no such modification or amendment shall affect any Product order submitted and accepted by Woodcraft prior to the effective date of such modification and amendment. You acknowledge and agree that you need to consult the terms and conditions of this Agreement each time you order Products through this web site. Any rights not expressly granted by Woodcraft herein are reserved.

10. Governing Law.

This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Washington without regard to its conflicts of law principles, as such laws are applied to agreements entered into and to be performed entirely within such State. You also agree and hereby submit to the exclusive jurisdiction of the courts of Skagit County, Washington and the United States District Court for the State of Washington (Western District) with respect to all actions and proceedings arising out of or pertaining to this Agreement.

11. Severability.

If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed severed from this Agreement and such court shall replace such severed provision by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.

12. Attorneys Fees.

In the event you breach this Agreement and Woodcraft is required to retain legal counsel to enforce its rights hereunder (whether Woodcraft commences legal proceedings or not), you agree to pay the costs and reasonable attorneys’ fees incurred by Woodcraft in enforcing its rights.

13. Entire Agreement.

This Agreement constitutes the entire agreement between you and Woodcraft with respect to your online purchase of Products and supersedes all prior agreements, whether electronic, oral, or written, between you and Woodcraft regarding the same. A printed version of this Agreement shall be admissible in judicial or administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.