Disclaimers
FLOORED NY provides many different promotions to serve all our potential clients’ needs, budgets, living conditions and lifestyles. Our hope is to provide every customer with an opportunity to have the flooring of their choice, combined with the best pricing and value available. Due to our competitive nature and rapidly changing industry promotions, FLOORED NY may cancel an advertised offer at any time. Promotions may not be combined with other sale items or offers. Only one promotion per household. Commercial jobs are excluded. Offers valid at time of initial consultation only. Offers are for in-stock items only and all prior orders are excluded. Discounts to retail prices, prior sales excluded, and other restrictions may apply.
Promotions
% Off Promotions
Offer good only at the time of initial consultations. Offer not available in all service areas. Promotions not to be combined with any other discounts or special offers. The stated % off applies to select styles and only the base material. Does not include labor, moldings, underlayment, and other sundries needed to complete the installation. Must have a qualifying purchase of 2 rooms or more. Rules subject to change. Offer only good for residential replacement projects.
% Off Labor Promotions
Offer good only at the time of initial consultations. Offer not available in all service areas. Promotions not to be combined with any other discounts or special offers. The stated % off applies to select styles and only the everyday labor costs and is only applicable to the base product installation costs and is not available for any additional labor required to complete the project such as stair labor, product take up, haul away, non-standard furniture moving, subfloor floor preparation and miscellaneous labor costs. Does not include labor or material needed for moldings, underlayment, and other sundries needed to complete the installation.
Must have a qualifying purchase of 2 rooms or more. Rules subject to change. Offer only good for residential replacement projects.
Free Furniture Moving
Offer good only at time of initial consultations. Limited to reasonable standard furniture per room and size. Excessive furniture and large items will be charged an additional fee.
Free Limited Lifetime Installation Warranty
Offer good only at the time of initial consultations. See warranty details for limitations.
Free Vacation Vouchers
Voucher provided by Destination Imagination. Offer only good at the time of initial consultations and while supplies last. Purchase with full payment required. Minimum purchase applies. Taxes, port charges, transportation to and from destination, and processing fees are not included. Rules subject to change.
Refer Five Program
Every time you refer someone to FLOORED NY, you will receive $300 once their new floors are installed and paid in full. On the 5th referral, you will receive an additional $2,500 for a total of $4,000. The customer is responsible for tracking the quantity of referrals provided and submitting claims for referral fees.
15% or It’s Free Promotion
Offer good only at time of initial consultations. FLOORED NY will beat any competitor’s written estimate for comparable flooring products to be installed at your owner-occupied home. Written estimate must be verifiable by FLOORED NY, must be dated no more than 30 days prior to date customer signs contract with FLOORED NY, and must be presented to FLOORED NY at least 72 hours before the installation date. Competitors written estimate must be for in-stock flooring and for the same or equal product to FLOORED NY floors (in terms of weight, texture, yarn content for carpet and identical padding or identical merchandise for hardwood, luxury vinyl, or laminate floors), and must include all installation, delivery, and other charges. Competitor estimates must include a lifetime installation warranty. The written estimate must be the result of an in-home visit which included physical measurements and inspection of all sub floors. Written estimates must specifically list all areas of the home to be covered including room dimensions and must include all charges for floor or sub floor preparation and/or upgrades. FLOORED NY reserves the right to reject any written estimate which it does not believe is bonafide in its sole discretion.
Install Before Thanksgiving
Offer not available in all areas. Contracts must be signed by end of day on November 15th to qualify for the install before Thanksgiving guarantee. In stock product only – no special orders. FLOORED NY reserves the right to exclude installations that will take longer than two days. Acts of God, delays beyond our control, shipping, and independent contractor delays disqualify guarantee. Limit $4,000 liability. Offer good at initial consultation. Minimum purchase required. Residential projects only.
Install Before Christmas
Offer not available in all areas and ends 12/31/2025. Contracts must be signed by end of day on November 13th to qualify for the install before Christmas guarantee. In stock product only – no special orders. FLOORED NY reserves the right to exclude installations that will take longer than two days. Acts of God, delays beyond our control, shipping, and independent contractor delays disqualify guarantee. Limit $4,000 liability. Offer good at initial consultation. Minimum purchase required. Residential projects only.
Warranties
Material Warranties
All material and product warranties are the responsibility of the manufacturers. Stain resistant warranties, soil resistant warranties, texture retention warranties, scratch resistance warranties, tear resistant warranties, fade resistant warranties, water warranties all vary depending upon the product and manufacturer and are also not to be confused with quality assurance or wear warranties. To keep all carpet warranties in effect the consumer must have the carpet professionally cleaned at least once a year and have receipts to validate such. Per the manufacturers warranties regarding product defect(s) are predicated on a pro-rated basis and all products will be equally credited by the total amount of the contract price, divided by the length of the product warranty, to determine a yearly rate, which will be multiplied by the number of years the customer used the product to determine the usage value for offset purposes. Further, all product defects or replacements (of any type) after a 2-year period, the consumer will be solely responsible to pay for all labor costs. FLOORED NY reserves the right to extend any warranties at their discretion. Any extensions to the warranty must be in writing on the original contract (sales draft) to be valid. In the case that FLOORED NY extends any manufacturer’s warranty, the Manufacturer will be solely responsible for their original warranty. FLOORED NY shall only be responsible for any warranty extensions after, and only after, the original manufacturer warranty has expired.
FLOORED NY is not responsible for problems arising from underlayment not installed by us, nor are we responsible for movement and/or settling of any concrete slabs and/or modular homes. All warranties for all flooring are predicated on proper care & maintenance and are void if damages occur in relation to improper maintenance, customer abuse, acts of God, or any circumstances beyond the control of FLOORED NY. All warranties exclude damages in relation to discoloration from asphalt driveways, indentations from high heeled shoes, scratches, and/or damages caused by chairs, tables, appliances, pets, and/or other objects. The use of chair mats designed for floating floors is required to protect plank locking mechanisms from damage caused by rolling chairs and wheelchairs. Wood & laminate flooring should not be cleaned with water and/or subjected to excessive moisture and/or humidity, as it may damage your flooring. Flooring must be subjected to reasonable and consistent temperatures, year-round. Failure to keep home climatized between 60–80 degrees effectively voids all labor and material warranties and will likely cause damage to your flooring.
Warranties are not transferrable unless expressly stated on the original Purchase Agreement. If FLOORED NY allows a warranty to transfer from the original homeowner, it is only the material warranties that will transfer. The lifetime installation warranty is not transferable under any circumstances and is only available to individual(s) named on the original sales draft.
Not properly maintaining the flooring IN ACCORDANCE WITH MANUFACTURER SPECIFICATIONS will void all manufacturer as well as FLOORED NY warranties.
Other Disclosures
Financing Disclosures
Deferred interest for 12 months available to well qualified buyers on approved credit only. Deferred interest and payment plan are only available in select markets. Financing is provided by federally insured, federal and state chartered financial institutions without regard to race, color, religion, national origin, sex, or familial status. Any finance terms advertised are estimates only, and all financing is provided by third-party lenders unaffiliated with Carpet King LI, DBA FLOORED NY, under terms and conditions arranged directly between the customer and such lender, all subject to credit requirements. Offer not valid on previous purchases and cannot be combined with other offers. Residential projects only. Credit purchases subject to credit approval.
Expansion Joint Disclosures
Making any modifications affecting the ability of the laminate, vinyl, or wood floors to float appropriately after installation will negate all warranties. This inhibits the floor’s ability to expand or contract and therefore is not an installation or manufacturer’s defect. Examples include but are not limited to installing cabinets or appliances on top of the floor, installation of new walls, and changes with door location or size.
Subfloor Disclosures
Sometimes during the installation of various flooring products, the subfloor of a project requires work to be completed to prepare for a quality installation. At the time of sale, it is impossible to see the condition of the subfloor and such any work required to prepare the subfloor for a quality installation will be completed at an additional charge. Depending on the work required, including grinding of existing concrete subfloors and/or the application of subfloor leveling material, can cause dust or other material to be released into the surrounding air. Exposure to this dust, or other materials, for long periods of time can possibly be dangerous. It is recommended to avoid the inhalation of this dust, or other materials. and engage a professional cleaning service provider to thoroughly clean the impacted space once the work is completed. FLOORED NY will in no way be held liable or responsible for any costs or claims associated with this dust, or other materials, used during the installation and subfloor preparation work including for health-related issues, health related treatment, materials abatement, or removal.
Water Damage Disclosure
Laminate or Wood floors should not be cleaned with water as it may permanently damage your flooring and thus, we cannot be responsible. Excessive humidity and/or moisture can also damage floors.
Seasonal Changes Disclosures
Seasonal gapping should be expected in all wood flooring and does not constitute a product failure. It is normal that wood floors will be affected by fluctuating levels of humidity within your home. Care should be taken to control humidity levels to within the 30-50% range and maintain temperatures of 60-80°F. To protect your investment and to assure that your floors provide lasting satisfaction, note the recommendations below:
(Dry) Heating Season – A humidifier may be needed to prevent excessive shrinkage in wood floors due to low humidity levels. Wood stoves, radiant floor heat and electric heat will create dryer conditions.
(Humid, Wet) Non–Heating Season – Proper humidity levels can be maintained by use of an air conditioner or dehumidifier. Avoid excessive exposure to water during periods of inclement weather. Do not obstruct expansion joints around the perimeter of your floor.
Customer understand that wood flooring is a natural product, and the home must be environmentally maintained. Consequently, the installation warranty and manufacturer warranty is void if the customer does not follow the manufacturer’s guidelines for maintaining humidity levels and temperatures in their home.
Asbestos Disclosure
If, at or before the time of installation, it is suspected or determined that asbestos is present, Buyer will be required to test for the presence of asbestos, and FLOORED NY will STOP installation until the Buyer has the asbestos removed by a licensed abatement company. The abatement company must follow all applicable federal and state asbestos regulations and must provide a clean air or clearance sampling certificate to resume installation. FLOORED NY will in no way be held liable or responsible for any costs or claims associated with asbestos treatment, abatement, or removal.
Collections Disclosure
In the event it becomes necessary for collection procedures, or to enforce any provisions of the contract, the customer agrees to pay actual and reasonable collection costs, collection agency fees, interest (at 1.5% per month), court costs, and/or reasonable attorney fees.
FLOORED NY exclusively uses only professional, and where required, licensed independent contractors.
Concrete Coatings Limited Lifetime Adhesion Warranty
In the unlikely event the FLOORED NY Three Layer System should peel, delaminate, or bubble and proved to be related to a performance issue with the application, FLOORED NY will either replace material, or offer a full refund of the purchase price. This determination will be solely at the discretion of FLOORED NY.
The Warranty is limited to replacement-in-kind of materials determined to be defective only. FLOORED NY shall not be held responsible for collateral, or related costs and damages resulting from failure.
The warranty is void if FLOORED NY solely at its discretion determines the consumer has failed their responsibility for the monitoring and prompt cleaning chemical spills including and not limited to brake fluid, battery acid, motor oil, radiator fluid, power steering fluid, solvents, acid cleaners, per FLOORED NY’s floor care instructions.
This warranty is void for latent changes to the concrete substrate including moisture rising from the substrate, efflorescence, spalling, cracks due to movement of substrate, deterioration or destructions resulting from puddling, flooding, floor impacts or items dragged over the floor.
The warranty is void by Acts of God, changes in moisture content or if purchaser attempts to correct or alter the material or application. The warranty can be transferred one-time, with the completion of the transfer of warranty, which must be completed within 90 days of an ownership transfer.
Texas Customers (KNOW YOUR RIGHTS AND RESPONSIBILITIES UNDER THE LAW)
Product-Specific Provisions
Buyer(s) acknowledges and agrees to the following: (i) snagging, shading, shedding, fluffing, pile crushing, color variation, textural variation, pattern variation/repeats, product expansion and contraction are not manufacturing defects, but inherent characteristics of all carpet and natural products such as wood, tile, and stone, (ii) flooring must be exposed to reasonable (i.e., normal) (no extreme) indoor temperatures year-round or damage may result, (iii) Contractor is not responsible for damage caused by existing defects at Buyer’s property or existing underlayment not installed by Contractor, (iv) if Contractor, in its sole discretion, determines that additional work/repairs are required for the installation to be completed, such work/repairs will be charged to Buyer(s) accordingly, (iv) Contractor does not seal grout, (v) due to pressure wrapping and shipping, carpet pile may be crushed and flat upon delivery and may require a few days to reach its full height and thickness. To assist lifting the carpet pile fullness, thoroughly vacuum the carpet in two directions after installation, (vi) laminate or wood floors should not be cleaned with water as water may permanently damage the flooring, (vii) professionally installed carpet may require re-stretching after 24 months as part of normal maintenance, (viii) walls, molding, and trim may be damaged due to installation, and (ix) all vinyl, wood, tile, stone, and laminate installation warranties exclude discoloration from asphalt driveways, indentations from high heels, scratches and damage caused by chairs, tables, appliances, wheelchairs or motorized scooters, pets, and other objects. The price listed in this Agreement includes at no extra cost the moving of ordinary furniture that is commonly found in a residential environment that can be moved by two (2) capable adults without specialized moving equipment. Items not included include, but are not necessarily limited to, small breakable items, electronics, clothing and other contents in closets, waterbeds, aquariums, large and/or complex furniture, gas appliances (installers might be able to disconnect and move but will not reconnect), dishwashers, and grand pianos. Contractor will not do plumbing modifications. If additional items must be moved so that Contractor can perform its work, the cost of such will be added to the price listed in this Agreement. It will be at the discretion of Contractor if items can be moved and/or if they require an additional charge. Buyer(s) agrees to indemnify and hold Contractor and its employees, agents, and subcontractors harmless from any claims relating to the moving of any items. The price listed in this Agreement includes at no extra cost $2,000 of material and labor for floor preparation. Work not included includes, but is not necessarily limited to, remedying any pre-existing defect affecting or compromising the structural integrity of the home’s subfloor or foundation, (ii) the handling of suspected or confirmed asbestos or asbestos containing material, or (iii) any work involving the modification or repair of plumbing, electrical, or gas lines that require a licensed or trained trade. If additional floor preparation work must be performed so that Contractor can perform its work, the cost of such will be added to the price listed in this Agreement. It will be at the discretion of Contractor to determine if such work will be required at an additional charge. Buyer(s) acknowledges having received and read “What I Should Know Before the Installer Arrives”, which is part of this Agreement. See website for all other additional terms and conditions that are part of this Agreement.
Delay/Unknown Conditions
Contractor’s failure to perform any term or condition of this Agreement as a result of conditions beyond its control such as, but not limited to, strikes, acts of God, material shortages, Buyer’s inability to qualify for or obtain financing, delays by local government authorities in issuing or otherwise approving inspections, permitting, or other required authorizations do not constitute abandonment and are not included in calculating time frames for performance by Contractor. Contractor and Buyer(s) have determined that a definite completion date is not of the essence to this Agreement and that all installation dates written in this Agreement are estimates only.
Late Cancellation/Late Payment/Default
If Buyer(s) attempts to cancel or repudiate this Agreement after midnight of the third business day after the date of this Agreement, and Contractor accepts such cancellation, which shall be in Contractor’s sole discretion based on economic factors, all work under this Agreement will be stopped as promptly as is reasonably possible and Buyer(s) agrees to pay Contractor a cancellation fee equal to 25% of this Agreement’s purchase price to offset Contractor’s incurred labor, administrative, and material costs. Buyer(s) agrees to pay a late fee of 1.5% per month on all amounts due and owing from Buyer(s) to Contractor accruing from the date due and running to the date the payment is made. If Buyer(s) is in default of this Agreement, Buyer(s) agrees to pay Contractor its attorney’s fees equal to 15% of the defaulted amount or as otherwise allowed by applicable law. Buyer(s) also agrees to pay any other costs or expenses of repossession or collection as allowed by applicable law. Title to material shall not pass to Buyer(s) until Buyer(s) pays all amounts due under this Agreement.
Contractor’s Right to Cancel
In the event that Contractor determines that this Agreement cannot be performed as intended by the parties due, for example, to incorrect pricing, unforeseen structural defects, pre-existing conditions to Buyer’s property, or Buyer’s inability to obtain required financing, Contractor may cancel this Agreement within thirty (30) days of its execution, notify Buyer(s) of such cancellation in writing, and return all monies paid by Buyer(s).
No Set-Offs or Retentions
Upon substantial completion of Contractor’s work under this Agreement, Buyer(s) shall pay to Contractor all amounts due under this Agreement without any right of set-off or retention. Substantial completion is defined as the job being materially completed, functional as intended, and a final inspection, permit or occupancy certificate, as the case may be, having been obtained. If after paying all amounts due under this Agreement, Buyer(s) alleges that Contractor’s work is defective in any respect, Contractor, without waiving any of its rights, shall cause an inspection of the work and perform any remedial work to the extent Buyer(s) is entitled to under this Agreement or Contractor’s warranty at no cost to Buyer(s).
Buyer’s Representations
Buyer(s) represents and warrants that (a) Buyer(s) owns the premises where the products and/or services are being provided by Contractor; (b) Buyer(s) will provide Contractor with reasonable access to Buyer’s property, including access to the property’s driveway and electrical outlets as may be required by Contractor; (c) Buyer agrees FLOORED NY is not liable for any damage to TV cables, telephone wires, alarm wires, water pipes, gas lines, or damage to any water lines for toilets and/or appliances, sinks, etc.
Contractor’s Responsibility
Contractor accepts no responsibility for any damage resulting from pre-existing structural or other defects in the property at which work is performed under this Agreement. Contractor is not responsible for remedying pre-existing structural defects in Buyer’s property. Buyer(s) acknowledges that Contractor’s products do not correct or cure pre-existing structural problems. Contractor shall not be responsible for (a) any damages arising in whole or in part from strikes, fires, accidents, floods, governmental actions, or any other causes beyond control of Contractor; (b) any incidental or consequential damages including, without limitation, lost profits or reduction in value of Buyer’s property arising from Contractor’s delay in performing under this Agreement or due to Contractor’s breach of this Agreement; and (c) unintentional damage to service lines and personal property; it being understood that Buyer(s) is responsible at Buyer’s cost for all preparations, protection, and/or moving of such items prior to Contractor’s commencement of work.
Hazardous Substances
Except as required by law, Buyer(s) agrees to indemnify and hold Contractor and its employees, agents, and subcontractors harmless from any claims as to the identification, detection, abatement, encapsulation, or removal of mold, asbestos, lead-based products, or other hazardous substances inside or outside of the property at which work is performed. Contractor does not provide mold testing or remediation services.
Miscellaneous
No waiver of any breach of this Agreement shall be construed as a waiver of any prior, concurrent, or subsequent breach hereof. The section headings contained in this Agreement are inserted for convenience only and shall not affect in any way the meaning or interpretation of this Agreement. In construing this Agreement, the gender and number of words used may be changed to meet the context. Both Buyer(s) and Contractor agree that this entire Agreement constitutes the entire understanding between them, and that there are no verbal understandings changing or modifying any of the terms and conditions of this Agreement. No alteration to or deviation from this Agreement will be valid without the signed, written consent of both Buyer(s) and Contractor. This Agreement shall be governed by and construed in accordance with the laws of the state in which it is performed, except as may be preempted by federal law. Any part of this Agreement contrary to the law of this state shall not invalidate other parts of this Agreement. If a provision of this Agreement is held to be invalid or unenforceable, this Agreement shall continue in full force and effect and shall be construed as if the invalid or unenforceable provision was omitted.
Assignment
Buyer(s) agrees that Contractor can assign any of Contractor’s rights under this Agreement without Buyer’s consent and that the person to whom Contractor assigns this Agreement shall be entitled to all of Contractor’s rights under this Agreement. Buyer(s) understands that Buyer’s rights will not be affected by such assignment. Neither this Agreement nor any rights or benefits hereunder are assignable by Buyer(s) without the prior written consent of Contractor. Any such prohibited assignment shall be null and void.
Arbitration of Disputes
Contractor and Buyer(s) agree that any and all disputes, claims, or controversies (hereafter referred to as a “Claim”) arising under or relating to this Agreement and any related documents, loans, security instruments, accounts, or notes, including by way of example and not as a limitation: (i) the relationships resulting from this Agreement and the transactions arising as a result thereof; (ii) the terms of this Agreement; or (iii) the validity of this Agreement or the validity or enforceability of this arbitration provision may, at the election of either party, be subject to binding arbitration to be determined by one arbitrator, in accordance with and pursuant to the then prevailing Consumer Arbitration Rules of the American Arbitration Association (“AAA), to be held and arbitrated where Buyer’s property is situated. Buyer(s) agrees that Buyer(s) will not assert a Claim on behalf of, or as a member of, any group or class. The findings of the arbitrator shall be final and binding on all parties to this Agreement. Each party shall be responsible for its own fees and costs, unless otherwise determined by the arbitrator. This agreement to arbitrate, and any award, finding, or verdict of or from the arbitration, will be specifically enforceable under the prevailing law of any court having jurisdiction. The party asserting a Claim shall file a notice of the demand for arbitration with the other party to this Agreement and with AAA. The demand for arbitration shall be made within a reasonable time after the Claim in question has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such Claim would be barred by the applicable statute of limitations. Any arbitration proceeding brought under this Agreement, and any award, finding, or verdict of or from such proceeding shall remain confidential between the parties and shall not be made public.
Both Contractor and Buyer(s) are hereby potentially agreeing to choose arbitration, rather than litigation or some other means of dispute resolution, to address any grievances or alleged grievances. The parties believe this may allow for a faster and more cost-effective method of addressing a Claim. By entering into this Agreement and this arbitration provision, both parties may be potentially giving up their constitutional right to have any dispute decided in a court of law before a jury, and instead are potentially accepting the use of arbitration.
