1) Title and ownership of the goods and property hereby sold is and shall remain vested in Seller, notwithstanding delivery, possession or installation, until the entire price is paid by cash in full to Seller.
2) Seller shall not be responsible for delays or failures in delivery by reason of strikes or other causes beyond the Seller's control.
3) This contract contains the complete agreement between the parties hereto.
4) Heirs, personal representatives and successors of the parties shall be bound hereby. No cash refunds will be made in less than 10 days.
5) If Buyer breaches this contract less than 3 days prior to the start of the installation, Buyers shall pay the Seller liquidated damages in lieu of compensation in the amount of 10% of the contract, or $250.00 whichever is greater, plus the cost of all materials rendered unusable. Additional factory restocking fee of 25% shall be paid by the Buyer for those goods authorized as returnable. Any other direct costs actually incurred by Seller prior to the cancellation shall be borne by the Buyer. Refunds can be made in the form of credit towards other purchases. Buyers shall be responsible for replacing and trimming door, thresholds, baseboards and for leveling floors or otherwise fixing sub-floors, unless this contract specifically provides for such work in the body of this contract.
6) In the event of legal action to enforce any of the obligations of Buyer under this agreement, Seller shall be entitled to court costs and reasonable attorney fees. Buyer shall yield access to the job site during normal working hours for purposes of measuring, installations or inspections, under this contract or under the guarantee. All units must be accessible on work dates scheduled. Unless previously specified, the following are not included in this contract : furniture/household items moving or repair, wood baseboard, sub floor work, stain colors, hauling or Buyers accommodation costs during the period of hardwood floor works. Seller shall not be responsible for broken baseboards when removing and/or replacing existing base, cost to remove/replace toilet fixtures. Labor to install such damage caused by such replacement is not included. Bids for replacement for moisture damage do not include any structural work, such as blocking or joisting. Bids for replacement include plywood only for moisture damage. Underlayment installed by persons other than Seller cannot be guaranteed. Total bid price does not include cleanup prior to installation, all areas to be covered with flooring shall be clean and ready for installation. Hardwood flooring installed by seller cannot be guaranteed against cupping, buckling or shrinkage due to high moisture content, hydrostatic pressure, direct sun or excessive heat. New wood installations are recommended to have a period of acclimation of approximately 1-2 weeks prior to sanding and refinishing and should maintain a constant room temperature of not less than 68 degrees Fahrenheit. Our work does not include covering furniture or openings with cloths. The Seller is not liable for cleaning costs due to dust. Buyer should cover or remove specific items prior to sanding of floor. Excessive slab or sub-floor moisture will void any manufacturer's warranties and any warranties by Seller. If a dispute arises, Buyer agrees to have an independent state-certified floor evaluator assess the floor. Competitors and general contractors are not acceptable. Cost of evaluation to be divided 50-50.
7) Buyer to carry insurance for fire, tornado and other necessary upon above work. Worker's Compensation and Public Liability Insurance on above work to be provided by Seller.
NOTICE TO OWNER: Contractors are required by law to be licensed and regulated by the Contractors' State License Board. Any Questions concerning a contractor may be referred to the Registrar of the Board whose address is : Contractors' State License Board, 1020 N Street, Sacramento, CA 95814.
"Under the 'Mechanics' Lien Law', any contractor, sub-contractor, laborer, material-man or other person who helps to improve your property is not paid for his labor, services or material, has a right to enforce his claim against your property. Under the law, you may protect yourself against such claims by the filing, before commencing such work or improvement, an original contract for work improvement or modification thereof, in the office of the county, recorder of the county where the property is situated and requiring that a contractor's payment bond be recorded in such office. Said bond shall be in an amount not less than fifty percent (50%) of the contract price and shall in addition to any conditions for the performance of the contract, be conditioned for the payment in full of the claims of all persons furnishing labor, services, equipment or materials for the work described in said contract."
ABOUT HARDWOOD FLOORS: Wood flooring remains stable when installed, sanded and finished at the temperature and humidity that it be used at. The Seller will deliver the flooring prior to installation and it is your responsibility to keep the job site at the proper room temperature and humidity before, during and after the flooring project. It is important that the crawl space beneath the sub-floor be dry with ample foundation vents for air circulation. If not, you may want to install a ground cover of plastic, laid on the dirt or foundation vents. Seller guarantees the workmanship of our labor, including installation, sanding and finishing. Because wood is a natural product, color and grain patterns vary substantially from piece to piece.
The Seller maintains a one year warranty on all workmanship. We use the finest sundries and finishing products. The material manufacturers are solely responsible for their own products' warranty claims.
We follow the manufacturers' newest guidelines and specifications. if none are provided, the National Oak Flooring Manufacturers Association's (NOFMA) or Maple Flooring Manufacturers Association's (MFMA) recommended installation specifications are used.
The Seller is not responsible for expansion, shrinkage, cupping, buckling or any other reaction of wood to moisture or dryness.
