Returns and Warranty

  1. Notification in writing regarding damage apparent upon delivery should be provided to the Seller. Notification in writing regarding damages not apparent upon delivery but apparent upon installation must be provided to Seller within 14 days of delivery of goods. No claims for such damages will be honoured more than 14 days after delivery of goods.
  2. Other claims, including claims for failure of the goods to conform to the order, must be made within 10 days of receipt of goods by written notification to Seller stating the basis of the alleged nonconformity and describing the portion of the shipment being rejected.
  3. All Tai Ping's (hereinafter "Seller") products are manufactured under the most careful supervision and are subject to some variations in manufacture. Such products are, therefore, warranted to be as described, but may contain variations in weave, colour or match patterns. All carpet textures will exhibit some shading. Listed rug sizes are approximate.
  4. Due to the nature of the handmade process, exact dimensions cannot be assured. A difference is possible.
  5. Dye lot differences within accepted manufacturing tolerances may occur between the sample and actual production.
  6. New carpets and rugs will normally show some "sprouting" of yarns. Sprouting is not a manufacturing defect. Sprouting yarns should be clipped off at the surface, not pulled.
  7. Seller's warranty applies only to manufacturing defects. It does not apply to damage resulting from the acts of third parties, such as cuts, tears, burns, or pile crush. It does not apply to watermarking, shade variations, or dye lot differences, which are not manufacturing defects.
  8. Seller's warranty applies to carpet installed in accordance with the Carpet and Rug Institute's (CRI) Carpet Installation Standard 2011 and Seller's installation instructions. It does not apply to damage resulting from improper installation, such as moisture damage from inadequate barrier matting.
  9. Seller's warranty applies to carpet maintained in accordance with CRI's Green Label and Seal of Approval programs. Approved maintenance products and equipment are listed on CRI's website, This warranty does not apply to damage resulting from harmful maintenance or cleaning practices.
  10. Seller's warranty applies to carpet under conditions of normal use. It does not apply to damage caused by unusual uses or events such as athletic uses, repeated wear from castered chairs, or flooding. It does not apply to damage caused by unusual foot traffic such as scuff damage on stairs or entryways.
  11. On receipt of any claim for nonconforming goods, Seller, at its option, will either arrange for the return shipment of the goods at Seller's expense or have an agent inspect the goods for nonconformity prior to return of the goods. If the goods are confirmed by Seller as being nonconforming, Seller will arrange to repair or replace as appropriate subject to normal production and shipment times.
  12. All samples and designs thereof remain the property of Seller.
  13. Warranty claims may be submitted to Tai Ping's local sales representative and for optimal customer service, Tai Ping may require a Technical Service Representative to inspect and analyse the carpet before replacement or repair occurs.
  14. Waiver of any condition of sale by Seller shall not constitute nor be construed as an agreement to waive any other provision, nor shall a waiver constitute a future waiver. Seller retains the rights to strictly enforce any and all conditions of sale.
  15. This writing is a complete and exclusive statement of the entire agreement. No course of prior dealing and no trade usage shall be relevant to supplement or explain any term hereof. The terms contained herein shall prevail over any terms contained in Purchaser's Purchase Order.
  16. In the event any salesperson has made any representation about the merchandise purchased, any such statement does not constitute a warranty, shall not be relied upon by the Purchaser and is not part of the contract for sale.
  17. Any action by Purchaser for breach of this contract for sale must be commenced within one year after the cause of action has accrued.
  18. All monies paid on account of this contract for sale shall be credited to the account of the named Purchaser. Seller's acceptance of payment from anyone other than Purchaser shall be as an accommodation only and shall not create a vendor-vendee relationship, express or implied.
  19. The contract for sale shall be governed by the laws of Hong Kong, and cannot be changed, except by a further writing signed by the party against whom such change is sought to be enforced.
  20. Seller shall not be liable in damages nor shall Purchaser have the right to terminate the contract for sale for any delay or default in performing hereunder if such delay or default is caused by conditions beyond Seller's reasonable control including, but not limited to Acts of God, Government restrictions (including the denial or cancellation of any export or other necessary license), wars, or insurrections.
  21. Seller's Limited Warranty for the goods purchased is incorporated herein by reference. The Limited Warranty is the sole warranty with respect to the carpet. There are no warranties which extend beyond the provisions set forth therein. Purchaser's remedies are limited to those set forth therein, and consequential damages for commercial loss is hereby excluded. As stated in the Limited Warranty, Purchaser's exclusive remedy under the contract for sale is the repair and/or replacement of nonconforming goods.
  22. If any dispute arises under the contract for sale, the Purchaser and Seller shall negotiate in good faith in an attempt to resolve the dispute. If the dispute cannot be resolved after good faith negotiation, Purchaser and Seller shall submit the dispute to mediation prior to bringing action in any competent court. Unless otherwise agreed by Purchaser and Seller, the mediation shall occur in Hong Kong, with a time, date, place, and mediator selected mutually by Purchaser and Seller, or in absence of an agreement upon time, date, place, and mediator, Purchaser and Seller will each select a mediator, and the two selected mediators will then select a third mediator to mediate the dispute at a time, date, and place of the third mediator's choosing.
  23. Venue for any action under this sales contract will lie exclusively in the courts encompassing Hong Kong.
  24. In the event of legal action, Seller shall not be liable for any costs, including attorney fees and court costs, incurred by the Purchaser.