TERMS & CONDITIONS
PRODUCT WARRANTY

Please review the following Terms & Conditions prior to finalizing your order and/or installing your material.  

We appreciate the opportunity to work with you and we strive to deliver an exceptional product and service.  Do not hesitate to contact us with any additional questions or inquiries at 845.848.3040 or info@thehudsonco.com.

1. Product Variability:  Wood is a natural material.  Unlike industrially manufactured products, The Hudson Company’s products typically show unique, natural characteristics which adds to the beauty of our products.  This character may include a variety of color, knots, texture, grain patterns, surface checking, oxide staining, as well as holes from insects, nails, and bolts.  We strive to make our samples representative of the final product.  However, due to the nature of the material, our samples and sample panels may or may not contain all the variations that will be present in the final product.  

2. Acclimation & Installation: The Hudson Company recommends following the National Wood Flooring Association installation guidelines and procedures including but not limited to the use of proper fasteners, adhesives, and installation techniques.  Additionally, The Hudson Company recommends that all solid materials acclimate to the installation site for one-two weeks.  For flooring less than 3”, there should be no more than 4% difference between properly acclimated floor and the subfloor.  For 3” and wider, there should be no more than 2% difference between the floor and subfloor.   Additional acclimation and installation information can be obtained from the National Wood Flooring Association at www.nwfa.org.  We recommend that all installation, sanding, and finishing be completed by a qualified flooring professional.  Disregard of these recommendations can lead to material and/or installation failure.  

3. Price Quotes & Change Orders: Prices quoted are valid for 30 days unless otherwise noted.  Alterations to a confirmed order will require a change order.  If additional material is requested, a 50% deposit on new material will be required.  Additionally, the original delivery date may be revised.  

4. Lead Time: Lead time provided on the sales quote and order confirmation is estimated.  Lead time begins upon receipt of your deposit.  The Hudson Company is not responsible for transit delays by third party carriers.  

5. Returns & Cancellations: Because our products are custom milled to your specifications, all sales are final.  

6. Quoted Milling Expenses:  Quoted milling expenses are estimated at the time of the order and may be adjusted on the final invoice.  Milling expenses are non-refundable.  

7. Quoted Shipping Charges: Quoted shipping charges are estimated at the time of the order and may be adjusted on the final invoice.  Shipping expenses are non-refundable.  

8. Shipping & Acceptance of Material:  Customers are required to tally material before the driver leaves the premises.  Orders not delivered by The Hudson Company vehicles will be shipped freight by Common Carrier or truckload carrier.  All prices are F.O.B. Pine Plains, NY, 12567.  All shipments are “tailgate delivery.”  Please note that the customer is responsible for the off-loading of the material, including necessary labor and/or equipment.  If an order arrives damaged due to shipping, the customer should note the damage on the freight receipt before signing the Bill of Lading and contact The Hudson Company immediately.  Please do not un-bundle or unwrap your material if it has been damaged.  The Hudson Company will process the claim and replace any damaged material.  

LIMITED PRODUCT WARRANTY

Thank you for your order.  We appreciate the opportunity to work with you and we strive to deliver an exceptional product and service.  Do not hesitate to contact us with any additional questions or inquiries.  

Please review the following Limited Product Warranty prior to installing your material.    

1. Structural Integrity Warranty:  For the period of three years from the date of delivery, The Hudson Company warrants that the material provided will not shrink, warp, delaminate, deteriorate excessively, break from a manufacturing defect, or malfunction due to inferior workmanship in the manufacturing process.  Please inspect your material upon receipt and prior to installation.  As noted below, this warranty will not cover any material containing visible defects after it has been installed.  

2. Refinishing Warranty:  We warrant that our material may be professionally sanded without impairing the durability of the material, if and only if proper sanding and finishing techniques are followed as specified by the National Wood Flooring Association at www.nwfa.org.    

3. Prefinished Material Warranty:  All prefinished material shall exhibit a range that reflects both the natural characteristics of the material as well as the variation inherent in a pre-finishing process.  All finishes utilized are product specific and recommended maintenance can be provided.  All finish performance is subject to the standards of the finish manufacturer.  

4. Warranty Limitations:  The warranties described in this Warranty do not cover certain events beyond our control.  Our warranties do not cover the following:

a. Natural expansion and contraction of boards, including cupping and crowing, caused by insufficient or excessive humidity or temperature during the acclimation or installation process.  We recommend a climatic temperature of 60 – 75 degrees Fahrenheit and 35% - 50% humidity.  For more information on proper installation standards, please visit www.nwfa.org.

b. Changes in color or gloss due to aging, excessive sunlight, or excessive moisture.  Please note that exposure to Ultra Violet rays may alter the color of wood and/or finish.

c. Color or texture variations between approved samples and the final, delivered material.

d. Natural wood variations which may occur from board to board.  

e. Wearing of finish in high traffic areas, in seating areas, or from household pets.  

f. Defects that do not exceed the waste factor recommended by The Hudson Company or your installer.  Standard waste factors for Reclaimed material are 20% and 15% for non-Reclaimed material, above your total required Square Foot coverage.  

g. Damage caused by poor installation including improper acclimation or storage, deficiencies related to subfloor assemblies, subfloor preparation materials, and uneven surfaces or voids in the subfloor.

h. Damages caused by water or subfloor moisture, including but not limited to broken or leaking water pipes, flooding, wet-mopping, relative humidity, spills, pets, or natural weather conditions.  

i. Defects or damages resulting from other site and environmental conditions such as extreme heat or radiant heat.  

j. Boards installed with visible defects.  If you see boards with defects in excess of the product description, DO NOT install it.  This includes visible manufacturing, natural, or other defects.  

k. Natural wood characteristics including seasonal gapping due to the wood’s expansion and contraction in heating and non-heating seasons.  Color changes due to aging or exposure to UV / sunlight.  

l. Damage caused by fire, flooding, and other natural disasters, acts of terrorism, or Acts of God.

m. SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, LOSSES, OR EXPENSES RELATING TO ANYTHING OTHER THAN THE WARRANTED MATERIALS ITSELF ARE NOT COVERED UNDER THE LIMITED WARRANTY INCLUDING, BUT NOT LIMITED TO LEGAL FEES AND EXPENSES, PERSONAL DAMAGES AND OUT OF POCKET COSTS AND EXPENSES INCLUDING LOST WAGES OR INCOME, INTEREST OR FINANCING CHARGES, LOSS OF USE OF THE PREMISES, HOTEL STAYS, STORAGE FEES, KENNEL EXPENSES FOR PETS; OR COSTS AND EXPENSES RELATING TO THE REPAIR OR REMOVAL OF DEFECTIVE FLOORING OR INSTALLATION OF REPLACEMENT FLOORING, INCLUDING WORK, LABOR, AND MATERIALS  TO PERFORM THE REPAIRS, REMOVAL, OR REPLACEMENT OF TH DEFECTIVE MATERIALS OR THE REMOVAL OR REPLACEMENT OF FURNISHINGS, APPLIANCES, OR FIXTURES.

5.  Modification:    Our employees or distributors DO NOT have the authority to alter these Terms & Conditions or Limited Warranty.

6.  Warranty Claims:  To maintain coverage under this Limited Warranty, you must ensure that the material is properly acclimated and installed in accordance with prevailing industry standards and that you properly care for your material.  For a complete list or proper maintenance and installation standards, visit www.nwfa.org.  If you believe that the material you purchased does not conform to the warranties described in this Limited Warranty, you must submit a claim to us in writing to The Hudson Company 2290 Route 199 Pine Plains, NY 12567 or via email to info@thehudsonco.com.  Your claim must be accompanied by proof of proper installation including pre-installation moisture test results and receipts of recommended adhesives.

7.  The Hudson Company’s Responsibilities:  If any of The Hudson Company products do not comply with the Limited Warranty, then we will provide new stain or replacement material for either the repair or replacement of the defective area, at our option.  In the event that the repair or replacement material does not meet the Limited Warranty standards, then we will refund the portion of the purchase price for the section of failed material.  THE LIMITED WARRANTY ONLY COVERS OUR PRODUCT AND DOES NOT INCLUDE ANY ADDITIONAL COSTS OR EXPENSES FOR THE REPAIR, REMOVAL, OR REPLACEMENT OF WARRANTED MATERIAL, INCLUDING SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES.

8.  Legal Proceedings:  Any and all legal proceedings arising out or related to the sale or purchase of The Hudson Company products or materials or these Terms & Conditions and Limited Warranty shall be commenced in the Supreme Court of the State of New York for the County of Dutchess and shall be determined by the procedural and substantive laws of the State of New York.  In the alternative, any dispute arising out of or related to the sale or purchase of The Hudson Company products or materials or these Terms & Conditions and Limited Warranty shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association in accordance with the Expedited Procedures of the Commercial Arbitration Rules.  The arbitration shall take place in the County of Dutchess, State of New York or such other location as the parties may agree before a single arbitrator.  The Hudson Company and the Customer/Purchaser knowingly and voluntarily waive the right to a jury trial.

9.  Disclaimer of All Other Warranties:  THIS LIMITED WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY, AND THE HUDSON COMPANY DISCLAIMS ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT THAT ANY SUCH WARRANTIES CANNOT BE VALIDLY DISCLAIMED UNDER APPLICABLE LAW.  

Please contact us at 845.848.3040 with any questions.