Flooring Instalattion agreement

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Thank you for choosing us to install your flooring. We very much appreciate the opportunity and we are committed to excellence in our work. The following is our agreement for the installation. For value received, you and we, Serious Gus Flooring Llc, agree as follows: 

Flooring 

The description of the flooring we are installing for you is detailed on your Sales Order. By signing below you are indicating that you have reviewed the Sales Order closely and that the details are all correct. SGF Llc Is authorized to receive the flooring from the manufacturer on your behalf as your authorized agent. 

Furniture & Fixtures 

Your order includes moving pieces of furniture or objects the size of an average sized sofa or smaller. (approx.55”x30”)

*Furniture_________

*Appliances_________each

*Toilets_______each

*King sized beds count as 3 pieces. Full and Queen sized as 2. Other larger items will be considered on an individual basis

*We do not move items which we determine are of an unwieldy or dangerous nature including, but not limited to fish tanks, waterbeds, guns. 

*Pool tables, grandfather clocks, pianos and organs, we can help. 

*Stacking items does not reduce the item count. You can reduce your costs by moving as many items as possible yourselves.....i.e. end tables, chairs, knick knacks, lamps etc. 

*Please strip your beds of sheets and linens. Empty bookcases, china cabinets, etc. 

*We do not move items that are fixed to the floors, walls or ceilings. 

*Any other special wonk will be pointed out by our installers.

OUR INSTALLERS ARE CAREFUL WHEN MOVING ITEMS, HOWEVER ALL ITEMS ARE MOVED AT THE CLIENT'S OWN RISK. 

Electronics and Electrical Fixtures 

*Our installers do not unhook or re-hook any electronic equipment. 

*Our installers do not unhook or re-hook any appliances that are hardwired. You will need to hire an electrician to do so. 

Plumbing 

*Our installers do not reconnect gas stoves, gas dryers etc. You may hire our subcontracted plumber or hire your own. 

Adult Presence 

*An adult aged 21 or over must be present to let the installers in. 

If you will not be home while the installation is being completed, we must have cell phone access in case questions or problems come up on the job. If we are not able to reach you, we may make a reasonable decision on how to proceed, which could mean additional charges such as additional floor preparation, etc.; or choosing between one of two or more possible ways to finish the flooring. We can not have crews idled because we can not reach the homeowner. You agree that you are responsible for the cost of additional work, or for the appearance of the job because our installers chose to finish flooring one way instead of an alternative method, and we were not able to reach you. 

Pets

Homeowner is responsible for securing all pets prior to the installer's arrival and for the duration of the installation. 

Power and Room Temperature. 

*Electrical power must be available at the job site. 

*Laminate & Luxury Vinyl: site must be acclimated to at least 70 degrees for 3 hours before, during and after the installation. 

*Hardwood: site must be acclimated to normal living conditions 3 days before the wood is delivered to the job site and then for the life of the floor. 

Pull up of Existing Floors 

*Pull up and disposal of any existing flooring is not included with your order unless specifically itemized in the Sales Order *

*Asbestos: We are not licensed to remove asbestos flooring. We can go over it or you may hire an asbestos removal company. All tile and vinyl floors must be tested by an independent lab indicating no asbestos before we can remove it, as per state law. 

*Pull up the glued carpet. We will quote you a basic price for this work, however we cannot be held responsible for unforeseen situations. If the glue on the existing carpet is extremely aggressive or if in the process of pulling it up there is damage to the subfloor that must be repaired we reserve the right to charge for the extra costs of additional labor and materials. 

*Pull up wood floors, tile, or vinyl. We will quote a basic price, however the price could rise due to unforeseen circumstances. 

*Hidden Wires or Other Unusual Conditions. In the event the consumer has wires or other conditions hidden under their existing floor we must be notified of this fact prior to our pulling up the existing floor. Wires will not be installed under floor or trim.

Scheduled Installation Times 

Estimated arrival and finish times are only a guide. Many circumstances during the day can cause our crews to run ahead or behind schedule. You will be notified if this happens. 

Baseboards 

Some surface scratching may occur. Touch up is the homeowner’s responsibility. Baseboards and trims are only primer and need paint.

Products 

Products made from natural materials (wood,laminate, luxury vinyl) have natural variations. Wood is a natural product that has natural color variations. As a result, you should expect variations. These natural variations are not defects, and no refund or replacement will be made for natural products that have normal color, texture, and appearance variations. 

Defective Flooring 

Fortunately, it is a very rare situation, but should we determine that the flooring materials that we install in your home are defective we make it a top priority to replace the materials and expedite your replacement. Monetary compensation is not provided for lost wages, lost revenue or any other contingency, including but not limited to the cost of other contractors, the cost for alternate accommodation or psychological distress. 

Job Completion 

*Our installers are expected to clean up and remove all trash.

Payment of Balance Due 

*Payment is due immediately upon completion of the job, to be collected by the installers. 

*If you will not be home at the time of completion, arrangements must be made to pay the balance in advance. 

*Unpaid balances will be charged at 1.5% interest monthly. 

*Unpaid balances may be secured by the mechanic's lien on the premises. 

NOTE: If your account is more than 7 days overdue you agree to the balance being charged to 

your credit card or processed by electronic check. 

Cancellation Policy 

*Once your installation is scheduled, you must cancel 24 hours prior to your scheduled day.

*Otherwise, a $100.00 late cancellation fee will apply.

*No returns are accepted on special order flooring. No returns are accepted on cut or installed flooring.

Maintenance 

Proper maintenance is essential for best results and warranty service. You agree to follow maintenance instructions. Do not use plastic over flooring to "protect it". This can damage your floor and void your warranty. For all floors, the use of shades or curtains will minimize the possibility of damage due to UV radiation and may be required by the manufacturer's warranty. 

Miscellaneous Terms 

*No Other Agreement. Except as otherwise mutually agreed in writing, this Flooring Installation Agreement and the incorporated Purchase Order are the complete agreement of the parties and supersede all other agreements or understandings, written or oral. 

*Indemnification: Our liability for damage caused by our negligence or that of our subcontractors/ agents shall be limited to the applicable policy limits of our liability insurance. 

*Terms of Payment. In addition to the terms stated above, you agree to pay all costs of collection, whether or not we enforce a mechanic's lien or otherwise file suit, including without limitation all attorney's fees, filing fees, and court costs as they are billed by us. Such unpaid additional costs shall be subject to interest at 1.5% per month until paid. 

*Limitation of Damages. We will not be liable for any delay in performing any work or providing any materials hereunder, or any cessation of or interruption of services, including but not limited to those arising out of fire, flood, explosion, war, strike, power blackout, nature, civil or military authority, inability to obtain labor or materials or reasonable substitutes therefore, terrorist threats or activities or any other cause beyond our reasonable control or acts of God. 

*Limitation of action. Except for claims for overdue balances, any other lawsuit hereunder shall be brought within one (1) year of completion of our installation notwithstanding any other statute of limitation that would otherwise apply.

*Choice of Law. This Agreement shall be governed by the laws of the State of Florida without giving effect to any choice of law or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Florida

*Successors and assigns. Your rights hereunder may not be assigned to a third party. 

*Venue. The parties agree that the Palm Beach County District or Palm Beach County Superior Court of the State of Florida, shall be the only proper forum and court of competent jurisdiction for any dispute arising hereunder. 

*Severability. If for any reason a court of competent jurisdiction construes any provision hereof to be invalid or unenforceable, all other provisions shall remain in full force and effect and shall be construed so as to make this Agreement enforceable to the maximum extent permitted by law.

LIMITATION OF REMEDIES AND DISCLAIMER OF WARRANTIES.

IN NO EVENT WILL WE BE LIABLE FOR ANY LOSS OF MATERIALS, DIRECT OR INDIRECT DAMAGES DUE TO THE NEGLIGENCE OF THE HOMEOWNER. IN NO EVENT WILL OUR LIABILITY EXCEED THE REIMBURSEMENT OF ANY MONIES PAID BY THE HOMEOWNER.

UNDER THIS AGREEMENT AND THIS SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CLAIM HEREUNDER. THE FOREGOING LIMITATION SHALL NOT APPLY TO CLAIMS FOR PERSONAL INJURY. THE LIMITATIONS, EXCLUSIONS OF LIABILITY IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

I have read and agreed to these terms.

                                                                                 ***SGF IS LICENSED AND INSURED****