ALL ORDERS ARE CONSIDERED FIRM. SHOULD FLOORED NEW YORK LLC (“FLOORED NEW YORK ”) ACCEPT A CANCELLATION OF AN ORDER (WHICH ACCEPTANCE MAY BE WITHHELD BY FLOORED NEW YORK FOR ANY REASON), FLOORED NEW YORK SHALL HAVE THE RIGHT TO RETAIN IN FULL THE DEPOSIT PAID BY BUYER FOR SUCH ORDER. FLOORED NEW YORK WILL NOT ENTERTAIN ANY REQUEST TO ACCEPT CANCELLATION OF ANY CUSTOM OR SPECIAL ORDER.
FLOORED NEW YORK will not accept claims for labor costs. Custom and special orders may not be canceled.
NO CASH REFUNDS. ANY APPROVED REFUNDS WILL BE STORE CREDIT ONLY
Unless specifically stated to the contrary, all delivery, packing, crating, shipping, in-transit insurance, local delivery, un-crating and installation charges, cutting of doors, as well as sales or other taxes are in addition to the stated purchase price.
Any oral statements about merchandise made by FLOORED NEW YORK ‘s employee or agents do not constitute warranties, shall not become a part of this Agreement and shall not be relied upon by Buyer. In no event shall FLOORED NEW YORK be responsible for the correctness of, or be deemed to have made, any representation or warranty of description, size, medium, genuineness, attribution, provenance, authenticity, age or condition concerning the merchandise.
Prices are subject to change without notice until the order is accepted by FLOORED NEW YORK
FLOORED NEW YORK is not responsible and Buyer is not relieved of its obligations where on-site conditions or limitations prevent delivery. In all cases, it is the responsibility of Buyer to determine that the size of the completed items can be accepted by elevators, entry doors and other points of entry. FLOORED NEW YORK has the absolute right to rely upon the accuracy of all information, plans, drawings, specifications and measurements provided by the Buyer. FLOORED NEW YORK has no obligation to, nor will it seek to verify the accuracy of any such information.
In no event shall FLOORED NEW YORK be liable for any consequential or incidental damages.
In no event shall FLOORED NEW YORK ‘s liability, for any reason, exceed the amount actually paid by Buyer to FLOORED NEW YORK for the merchandise.
DISPUTE, CLAIM OR CONTROVERSY
ANY DISPUTE, CLAIM OR CONTROVERSY ARISING UNDER OR RELATING TO THIS AGREEMENT OR ANY WORK PERFORMED BY FLOORED NEW YORK (“CLAIM”), REGARDLESS OF THE NATURE OF THE CLAIM ASSERTED, SHALL BE RESOLVED BY BINDING ARBITRATION IN ACCORDANCE WITH THE CONSTRUCTION INDUSTRY RULES OF THE AMERICAN ARBITRATION ASSOCIATION. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, AND YOU THEREFORE AGREE TO WAIVE ANY RIGHT THAT YOU MIGHT OTHERWISE HAVE HAD TO A JURY TRIAL OR THE OPPORTUNITY TO LITIGATE ANY CLAIMS IN COURT BEFORE EITHER A JUDGE OR JURY.
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 NEW YORK 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 NEW YORK will in no way be held liable or responsible for any costs or claims associated with asbestos treatment, abatement, or removal.
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.
Ambient Humidity Disclaimer*
To protect and preserve your investment, the homeowner is responsible to maintain ambient humidity levels in the home within a range of 35%-65%. Excessive and/or lack of humidity may cause wood and/or laminate flooring to fail. Failures related to lack of, or excessive humidity are not manufacturing or installation related issues and will not be covered under any manufacturer product warranty or labor warranty offered by Express Flooring.
Limited Lifetime Installation Warranty*
All warranties regarding product defect(s) are predicated on a pro-rated basis and all product 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.
Regarding repairs for installation related issues, all service requests placed over 2 years from the original installation date will be subject to a $50 processing fee. If consumer fails to supply this payment, they effectively waive all rights and claims in relation to any labor warranty listed on their original contract. If repairs are possible, FLOORED NEW YORK reserves the right to repair any issues as opposed to replacing any flooring. In the unlikely event that you need to have your carpet re-stretched after two years it would not be the result of improper installation but part of the normal maintenance and would require a charge. Warranties do not carry any cash value. Should any consumer deny FLOORED NEW YORK access to their job site to warranty the flooring installed, they waive all rights and claims in relation to any warranties listed on their contract with Express Flooring. Consumer is responsible to report any issues with their flooring to FLOORED NEW YORK within 72 hours of them developing. Failure to do so may negate any responsibility and/or liability FLOORED NEW YORK has to any flooring installed.
FLOORED NEW YORK 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 Express Flooring. 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. 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.
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 all vary depending upon the product and manufacturer and are also not to be confused with quality assurance or wear warranties. In order to keep all carpet warranties in effect the consumer must have carpet professionally cleaned at least once a year and have receipts to validate such.
Manufacturer warranties are the sole responsibility and liability of the manufacturer. FLOORED NEW YORK reserves the right to extend any warranties at their discretion. Any extensions of warranty must be in writing on the original contract (sales draft) to be valid. In such case that FLOORED NEW YORK extends any manufacturer warranty, the Manufacturer will be solely responsible for their original warranty. FLOORED NEW YORK shall only be responsible for any warranty extensions after, and only after, the original manufacturer warranty has expired.
Warranties are not transferrable unless expressly stated on the original sales draft. In the event that FLOORED NEW YORK 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.
Please remember that flooring will be as good to you, as you are to it. Regular maintenance and cleaning are essential to preserve the quality and durability of your flooring. Not properly maintaining the flooring IN ACCORDANCE WITH MANUFACTURER SPECIFICATIONS will void any and all manufacturer as well as FLOORED NEW YORK warranties.
Floor Preparation Disclaimer
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 NEW YORK 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.