Terms & Conditions

Return Policy

Items may be returned within 30 days of the delivery date for a refund or exchange. To be eligible for a return, the item must be unused and in the same condition that you received it, with all original tags and packaging intact. To initiate a return, please contact Carpet & Company LLC’s customer service team with your order number and the reason for the return. We will provide you with a return authorization and instructions for returning the item(s). Please note that we do not cover the cost of return shipping. You will be responsible for paying for your own shipping costs for returning your item. A restocking fee of 30% will be deducted from the refund amount for all returned items, including freight charges.

Refund Processing Time

Credit Card to Credit Card: 7-10 business days.
Debit Card to Debit Card: Up to 10 business days.

Please be aware that every computer screen can reproduce colors differently. If colors are critical to your purchase, we encourage you to order a sample of the specific carpet you are interested in.

General Terms and Conditions

Carpet & Company LLC (“Seller”) and purchaser (“Purchaser”) agree that the following General Terms and Conditions shall govern the sale of goods by Seller to Purchaser, unless otherwise agreed in writing signed by Seller. No sales representative or distributor of Seller has the authority to alter, vary, or waive any of the terms or conditions stated herein. By placing an order with Seller, Purchaser consents to the General Terms and Conditions set forth below:

Complete Agreement
This document represents the full and final agreement of the parties regarding these Terms and Conditions. Purchaser understands and agrees that (a) no modification or waiver of these Terms and Conditions shall be effective unless made by an authorized representative of Carpet & Company LLC in writing addressed to Purchaser and specifically referring to these Terms and Conditions; (b) no course of action on the part of Seller shall modify these Terms and Conditions; and (c) Seller’s acceptance of anything in writing from Purchaser which is in conflict with these Terms and Conditions (including any purchase order forms containing different terms) and any subsequent delivery of goods shall not constitute a modification of these Terms and Conditions.

Terms of Payment
The purchase price for the goods sold shall be as shown on the face of the invoice, F.O.B. Seller’s place of business, unless otherwise agreed to in writing by the parties. The purchase price shall be payable in United States currency in accordance with the terms outlined in the invoice. Purchaser shall be responsible for shipping costs and taxes.

Disclaimer of Warranties
ALL GOODS ARE PURCHASED BY THE PURCHASER “AS IS” AND “WITH ALL FAULTS”. CARPET & COMPANY LLC MAKES NO REPRESENTATION OR WARRANTY OF ITS OWN, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER MATTER WITH RESPECT TO THE GOODS. However, the manufacturer’s warranty, if available, does apply to the goods sold, and details of this warranty can be provided upon request. Carpet & Company LLC shall facilitate the communication of any such manufacturer’s warranties to the Purchaser and assist in the claims process should any issues arise covered under the manufacturer’s warranty.

Disclaimer of Liability
Carpet & Company LLC’s liability to Purchaser, or any person or entity, shall be limited to the extent permitted by law, to the express warranties set forth in Seller’s written warranty applicable to the goods, if any. Seller will not be responsible for any loss or injury resulting from defects or alleged defects in the goods sold or from the subsequent use of the items.

Indemnification
Purchaser hereby agrees to defend, indemnify, and hold harmless Carpet & Company LLC, its directors, officers, and employees from and against any and all liabilities, judgments, claims, settlements, damages, penalties, obligations, and expenses, including attorney’s fees and expenses and other professional fees and expenses, incurred or suffered by such person arising from, by reason of, or in connection with any loss, damage, or injury to person or property arising from, by reason of or in connection with the goods sold hereunder. This indemnification shall survive the delivery of the goods to Purchaser and any subsequent sale or other transfer of the goods to a third party.

Taxes
Purchaser is responsible for payment of all applicable state and local taxes or for providing a valid sales tax exemption certificate.

Venue; Jurisdiction
These General Conditions and any disputes arising out of the sale of goods by Carpet & Company LLC shall be governed by and construed according to the laws of the State of Colorado. Purchaser and Seller agree that all disputes arising herefrom or relating hereto and which the parties are unable to resolve amicably between themselves may only be litigated or resolved in the courts of the State of Colorado, and accordingly, the parties hereby freely and voluntarily consent to the jurisdiction and venue of the courts within the State of Colorado as the proper forum for the resolution of any such dispute or claim between the parties.

FULL PAYMENT DUE TO COMPANY: Contemporaneously with the execution of this agreement, Customer(s) agree to pay the Total amount, as set forth on the reverse, to Company. Company may not order flooring product(s) set forth on the front page of this agreement or complete any work until Company receives payment in full. Payment of this invoice constitutes acceptance of the terms and conditions.

THIS IS NOT A TIME PERFORMANCE CONTRACT: Company is not responsible for delays or inability to perform caused by manufacturer’s delays, unavailability of products and materials, shipping delays, labor shortages, strikes, acts of God, war, riots, weather conditions, fire, acts of others, public authorities, or acts of the Customers(s). Company shall use reasonable efforts to provide the materials within a reasonable amount of time.

NO EXPRESS OR IMPLIED WARRANTY. THERE IS NO EXPRESS OR IMPLIED WARRANTY AS TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER KNOWINGLY, VOLUNTARILY, AND EXPRESSLY WAIVES ANY CLAIMS FOR IMPLIED WARRANTIES WHICH MAY EXIST UNDER STATE OR FEDERAL LAW. THE ONLY WARRANTY THAT MAY EXIST IS A MANUFACTURER’S WARRANTY AND SUCH WARRANTY SHALL BE LIMITED BY THE TERMS AND CONDITIONS OF MANUFACTURER. 

REMEDIES FOR BREACH: In the event of a breach of this agreement by Customer(s), Company shall be entitled to place liens, and / or sue for all remedies available at law or equity, including but not limited to, material costs and lost profit, specific performance thereof, and/or liquidated damages, or a combination of remedies. The election of remedies shall be at the sole discretion of Company. If Company agrees to payment at a time other than execution of this agreement and payment in full is not received within thirty (30) days after the date of this agreement, Company shall provide written notice (invoice or demand for payment) to Customer(s) of failure to pay in writing, after which time Customer(s) shall have 10 days to remit payment in full. If Customer(s) fail to pay within 10 days of written notice Customer(s) shall be in material breach of contract. The rights set forth herein are cumulative and not exhaustive of any other claim which may exist in law or equity. 

LIMITATION OF LIABILITY: Notwithstanding any other provision of this agreement, Customer(s) agrees that Company’s total liability to Customer(s) in the event of dispute relating to this agreement shall be no greater than the total amount paid by Customer pursuant to this agreement up through and including the date Customer(s) first notified Company of the dispute. Customer acknowledges and agrees that its claims against Company, its directors, officers, and/or agents will be limited to those claims sounding in contract and that all of the Company’s duties to Customer(s) arise from this Agreement. The economic loss rule shall apply broadly to limit claims by Customer(s) to those sounding in contract. Company has allocated its risk and expense as a material part of this agreement. Customer acknowledges that the terms set forth in this paragraph are material terms of this agreement, and that Company would not have entered into this agreement without these provisions. 

SEVERABILITY, CANCELLATION, AND LIQUIDATED DAMAGES. In the event any portion of this agreement is held to be void or unenforceable, it shall be severed from the remainder of the Agreement, and the remainder of the Agreement shall remain in full force and effect as if the severed provision did not exist. In the event that this agreement is cancelled after Company has ordered the product set forth in their agreement, Customer(s) will be responsible for a restocking fee, as liquidated damages, equal to thirty percent (30%) of the price of the flooring plus freight, not including tax or any other processing fee. There are no returns on special order pieces, including but not limited to, rugs, wool rugs, and runners. This provision for liquidated damages is not a penalty, but rather, to compensate Company for overhead, processing, preparation, scheduling, loss of time, loss of opportunity, loss of other work, loss of profit, and the fees incurred in restocking and returning the flooring product to the mill. It is expressly acknowledged that the damages in the event of breach/cancellation are difficult to quantify and the parties state and agree that this liquidated damages calculation is a fair approximation of the amount of damages likely to be sustained by Company as a result of a cancellation by Customer. The parties desire to liquidate these damages in advance rather than litigate the actual cost, at significant time and expense. 

ATTORNEY FEES AND COSTS. Customer(s) shall pay Company’s reasonable attorney fees and costs associated with Company’s enforcement of its rights under this agreement. Interest on any amount owed under this agreement shall accrue interest at the rate of 18% per annum. 

THERE ARE NO WRITTEN OR ORAL REPRESENTATIONS OR UNDERSTANDINGS OTHER THAN THOSE SET FORTH IN WRITING IN THE AGREEMENT. NO OTHER VERBAL AGREEMENTS ARE ENFORCEABLE BY EITHER PARTY. EVERYTHING CUSTOMER(S) EXPECTS IS INDICATED IN WRITING IN THIS AGREEMENT. THE PARTIES EXPRESSLY STATE, ACKNOWLEDGE, AND AGREE THAT THE CONTENTS OF THIS AGREEMENT CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE PARTIES. THE PARTIES EACH EXPRESSLY WAIVE THE RIGHT TO RELY ON ANY TERMS, CONDITIONS, REPRESENTATIONS, WARRANTIES, STATEMENTS OR ASSERTIONS OF THE OTHER PARTY NOT CONTAINED IN THE AGREEMENT OR ADDENDUM.

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