Our attorney told us to include this stuff...
Our attorney told us to include this stuff...
JDB Floors & More, LLC., shall hereafter be referred to as “JDB.” The term “Client” means the person or entity named on the estimates, quotes, invoices and any other documentation (the “Invoice”) purchasing the services and/or goods described therein. Any purchase of goods and/or services by Client from JDB, including any goods and/or services purchased under a separate invoice or subsequent to the purchase of goods and/or services described herein, is subject to the following terms and conditions.
Client’s signature on an estimate or quote constitutes Client’s acceptance of these terms and conditions and this or any subsequent Invoice, and upon such acceptance, Client shall be liable for all goods and/or services purchased. Title to and the risk of loss of the materials passes from JDB to the Client at the time the materials are received by the Client or Client’s authorized agent, and or delivered to the mutually agreed address.
Unless otherwise agreed in writing, Client shall make payment of at least 50% of the total amount due upon acceptance of a quote, and payment shall be made in full upon substantial completion of project. If full payment is not made when due, Client agrees to pay the lesser of 2% monthly accumulating interest (24% APR), or the maximum charge allowed by law, on the unpaid balance, as well as all legal fees, expenses and other collection costs.
Substantial completion of projects: Any delays in completing projects that may be related to minor cosmetic or installation issues, repairs or punch list items such as mis-ordered or incorrect transition mouldings or sundries, quarter round mouldings, etc., shall not constitute a failure to perform or a default on the part of JDB, or allow Client to delay, adjust or condition payment in full.
For nonfinanced orders in which Client is not then in default or behind on payments, at Client’s request, JDB in its sole discretion, may allow a reasonable “retainer” not to exceed 3% of the cost of the project until such work is complete. Client agrees to pay JDB the 3% balance in full immediately upon completion of the outstanding item. To the extent the Client is a contractor or supplier to a homeowner or is not the occupying property owner of the property where delivery or installation of the goods is to occur, JDB hereby reserves the right to notify the occupying owner of the land where the materials or labor are delivered of JDB’s lien rights within thirty (30) days of JDB’s commencement of such delivery and/or services. Financed Orders are funded in full at time of order placement.
Materials for the project are ordered by JDB from the manufacturer, distributor or supplier, with JDB passing through the manufacturer’s warranty, if any, to Client. Client acknowledges that there may be dye-lot, textural, finish or other variations from the display sample. Carpet seams may be detectable; carpet seams that are visually apparent are to be expected. The color, texture, shading and general appearance of hardwood, tile, stone and other natural products will vary from the representative sample, often significantly.
It is the Client’s responsibility to inspect and approve their flooring materials and to bring any concerns or objections regarding the appearance or condition of the materials to the attention of JDB prior to installation. If Client or Client’s authorized agent is not present at the start of installation to approve materials, and unless other arrangements are made, JDB representatives will proceed with the work and neither JDB nor its representatives shall be held responsible for claims related to wrong color, wrong style, etc.
JDB is not liable for claims related to materials that have been installed and that vary from the representative sample within a reasonable tolerance as determined by the manufacturer, distributor, or supplier. Suppliers of flooring materials recommend certain care and maintenance methods in order to support product warrantees and maximize use and enjoyment of their products. It is the Client’s sole responsibility to ensure that the proper methods, materials and equipment (i.e., vacuum cleaners, solutions, cleaning agents, etc.) are used in accordance with the manufacturer’s or supplier’s guidelines. Not all carpet vacuum cleaner models are appropriate for all carpets.
JDB is not responsible for manufacturer or shipper delays, or other delays (including the performance of services hereunder) due to causes beyond JDB’s control. JDB is not responsible for delays due to additional work not included in this Invoice and that are deemed necessary and agreed to and authorized by the Client during the course of installation. Time is not of the essence. All orders are special orders. Cancelled orders are subject to a Cancellation fee of 33% of the total purchase price. JDB, in its sole discretion, reserves the right to subcontract to others the services provided pursuant to the Invoice. Additional work not described on the Invoice, if required, will be performed only upon receipt of prior written approval of Client and will be billed on a time/material basis at JDB’s then current rates.
JDB shall not be responsible for minor, incidental damage that occurs in the normal course of providing installation and related services, including but not limited to scraping of baseboards or other trim carpentry elements, scraping of walls and wall corners, etc. JDB is not responsible for damage to or breakage of Client’s existing installed quarter round moulding or other trim carpentry elements when removal and reinstallation of these items is provided for on the Invoice. Unless provided for on the Invoice, JDB is not responsible for baseboards, mouldings, etc., that may appear uneven due to the floors or walls that are uneven. Unless provided for on the Invoice, JDB is not responsible for repainting or recovering walls, baseboards, mouldings, or areas of other surfaces where sections of paint or other treatments may be uneven as a result of flooring installation or related services.
From time to time removing existing flooring and/or installing new flooring can create movement or vibrations in subflooring, framing, walls, etc. Accordingly, the Client agrees that JDB cannot be held liable for any actual, consequential or incidental damages or changes to paint, wall or ceiling drywall, or other surfaces or built elements of the home, or to any attached items, including but not limited to, pictures, wall hangings, light fixtures attached to walls or ceilings, other items attached to ceilings, and built elements such electrical wiring, conduit, cables, duct work, etc., that may be in any way attributable to the demolition or flooring installation process. Minor gaps between hardwood or laminate boards may present during seasonal changes; minor gaps are to be expected and are not necessarily indicative of faulty installation. Airborne dust and particles are to be expected during floor repair, existing flooring removal, refinishing, installation and related services. While reasonable precautions will be taken to minimize dust and other particles from moving beyond the work area JDB cannot be held liable for any claims related to dust or other residues that may remain in the work area or other areas in the building or dwelling once the work is complete. Client is responsible for wrapping or removing articles to be protected from dust (i.e., items in drawers or cabinets such as silverware, china, valuable sensitive items, etc.) when the scope of work is expected to create dust that can circulate through the home. If and when needed Client should make prior arrangements for professional cleaning service at Client’s sole expense to take place after new flooring is installed.
Client shall be responsible for moving their appliances, plumbed equipment, wall hangings, electronics, doors, molding, fixtures, and removing or storing valuables, or other sensitive items as required for installation, but in the event JDB performs this service at Client’s request, Client shall hold JDB harmless for any and all damages and/or claims resulting from this service including, but not limited to, damage related to water leaks or intrusion, basic drywall or paint service that may be needed post installation, and/or incidental damage to these items. From time to time mechanical connections, waterlines and hardware (i.e., seals, nuts, bolts, rings, etc.) of toilets, pedestal sinks, refrigerators with ice and water dispensers, and plumbed items in general will fail once the fixture or appliance has been removed and reset; JDB cannot be held liable for water leaks that occur after our representatives have removed or reset these items. JDB does not trim doors, dissemble or reassemble furniture or fixtures, or disconnect or reconnect electronics, computer or television cables, computers, audio or video equipment, instruments, etc. The installation site must have HVAC in good operating condition, running water and electric service and be at least 68 degrees F twenty-four (24) hours prior to, during, and post installation.
JDB is not responsible for structural or subfloor problems that may arise from typical floor surface preparation practices performed by its service representatives. The process of installing hard surface flooring products requires that materials be ordered in quantities of 10% - 15% over the net square footage of a given area; precise material overages that are leftover once a job is complete cannot be predetermined. Therefore, JDB cannot accept product returns for up to 5% of the job quantity on special orders for hardwood, laminate and tile projects. JDB cannot accept returns of less than two full bags of setting materials, lengths of unused mouldings, less than two full rolls of underlayment and any other job sundries. Beyond this, having additional quantities on hand ("attic stock") is often important in the event portions of your new flooring are damaged over the years to the extent that certain boards or tiles need to be replaced. We recommend that attic stock be stored in a heated/conditioned and insulated area indoors. Upon full payment, and subject to the limitations herein, JDB hereby provides a Limited Installation Warranty for one calendar year following the date of completion.
In the event of a validated claim of substandard installation quality Client’s sole remedy shall be limited to repair, replacement or exchange of materials by JDB or its assigns resulting from a defect in workmanship. JDB’s liability under this warranty will not, under any circumstances, exceed the actual total price paid by the original purchaser of the flooring. The Limited Installation Warranty does not cover 1) any installation where JDB did not provide the installed materials; 2) repairs to or performed as a result of defective materials; 3) deterioration or damage related to ordinary wear and tear; 4) abnormal or unintended use of goods installed by JDB; 5) Client’s failure to adequately control humidity and temperature levels in the dwelling or building in accordance with industry or manufacturer’s recommendations; or 6) damage or failure of the products or installation due to acts of God or any event beyond the control of JDB.
EXCEPT FOR THE LIMITED WARRANTY EXPRESSLY STATED HEREIN, JDB DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE REGARDING THE IMPLIED WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL JDB ASSUME ANY LIABILITY FOR INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER. These terms and conditions, which include the Invoice, represent the final and complete agreement between the parties with respect to the subject matter herein and supersede all prior and contemporaneous oral or written communications, representations, understandings or agreements relating to this subject. 50% Deposit Required with Signature. So there.