Terms & Conditions of Sale with Service
Please make sure that all of the following items are in order to insure that your floor is ready to be installed when we arrive. Your cooperation is greatly appreciated. Any deviations from this checklist will constitute a waiver on your part and relieve Highway Flooring Inc. from any responsibility from failure to comply with the checklist. If you need clarification on any item or have any questions, do not hesitate to call. All parties agree that contract/proposal must be paid in full before any claims or services are performed. By signing the proposed contract you are agreeing to these terms. Installer represents Highway Flooring Inc (Highway Flooring) hereafter.
Air conditioning and acclimating of materials: The NWFA recommends that from the time the flooring is delivered, temperature and humidity levels should be maintained or near occupancy levels (Temperature: 60F to 80F; humidity: 35% to 55%;). In the event that scheduling prohibits following these guidelines all parties involved understand that the installer cannot be held liable for excessive cracking, cupping etc. that may or may not occur due to moisture imbalance.
110v-power, and fuse box for sanding must be available within 30 feet from where floor is to be installed. Minimum work hours any time from 8am to 6pm is required.
It is customer(s)’s responsibility for any damage caused by other trades during installation and to secure the material we leave on the job site.
The quoted price on this contract is good for 15 days only. Special order materials cannot be changed, returned or canceled. All leftover materials belong to Highway Flooring.
This contract is contingent on availabilities of all materials, unpredictable situation.
Floor materials are returnable within 10 days from the time delivered or picked up. The floors must be in original package and original condition. 30% restocking fee will be deducted from refund. Customer is reponsible for transportation cost..
For purchacing floor material only customers, the factory warranty and support will be void by intalling by you or your contractor.
Please remove all doors, furniture, and debris from the room(s) where work is to take place. Room(s) should be clear upon arrival, unless otherwise stated on the estimate. All valuable and fragile items must be out of the job site, Highway Flooring Inc is not responsible for those items. We are not responsible for re-install doors.
For your own safety purpose, customer(s) shall keep at least 15 feet away from the working area all the time. Customer(s) shall wear protections. Highway Flooring Inc will not be held responsible for any customer injury that may occur on the job site.
Customer(s) agree(s) that Highway Flooring reserves the right to choose handling or not handling any emergency situations. Customer(s) shall have/has insurance to cover any accident.
Only when situation allowed, The installer will move 5 pieces of light empty furniture (not including overweight and oversize furniture such as, piano, wall unit, assembled and build-ins) around for free by customer(s)’s request only, but not responsible for any accidental damages for floors, furniture, walls and etc., and not responsible for moving them back to the places. Moving furniture is not our responsibility, and is not a part of the job. Any liability of Highway Flooring Inc. shall be limited to 5% of the installation or sanding job cost.
If wood is to be installed in the bathroom and kitchen area, toilets, vanities, stove, refrigerator, and dishwasher etc. are to be removed prior to installation and replaced after completion of job. Highway Flooring Inc will not held responsible for any problems if we are asked to do so.
Highway Flooring Inc will not be held responsible for any damage or dust caused problems from includes but not limited removal of tile, carpet, sub-floor materials, hammering floors, sanding and sawing. Please take appropriate measures to protect your belongings.
Highway Flooring Inc cannot guarantee a floor without cracks between boards. Although your new floor will start with the boards tight together, as a natural product, it will continue to expel and absorb moisture from season to season.
When refinishing floor or steps/railing, and installing unfinished floors or new steps/railing, Highway Flooring cannot guarantee the color matches the existing materials or the color customer designated. Customer understands that stained color varies. Highway Flooring is not responsible for minor stain on exiting base molding.
Customer(s) understand(s) that on-site sanding, staining and refinishing are art plus science. Partial imperfection is absolutely normal. Always inspect the complete floors from standing point under normal lighting environment (not in reflection), and never compare floor finish with table-op finish. Customer(s) understand(s) that sanding and refinishing will not fix leveling problems, fill gaps and get rid of deep stain.
Installation of wood floors constitutes acceptance of responsibilities for sub-floor readiness and unevenness by customer.
Wood floors, which will be glue down, should not be walked on for at least 48 hours to allow glue to cure. For sanding and refinishing job, the floor needs at least 48 hours to completely cure.
Carpet, tile and any waste material disposal are customer’s responsibility.
When substantial completion is reached, the customer must promptly make out a single list of all items they deem in need of attention. When those items are attended to, the job is at an end for contractual purpose and for any payment purpose. If the customer is absent at jobsite when the job is finished, the job is considered complete.
For any call back after job completion, a fee will be charged. For the first callback, one hundred U.S. dollars or more will be charged. For every call back afterwards, the prices are four hundred U.S. dollars or more will be charged for time, labor and gas.
For sanding, refinishing and repair jobs, Highway Flooring can not guarantee the color matching or sheen level matching to other samples.
Imperfections are natural. Slight milling defects or installation slip should be expected, 5% of defects is industry standard. Highway Flooring can not control the floor length, including the shortest, the longest or the average length.
Floor direction is at our discretion unless noted by customer in writing. 45 degree, border, medallion or any pattern installation will be charged additionally.
Each wood species has its own distinct grain, texture, color and characteristics. This is what makes real wood beautiful. These variations and natural characteristics are acceptable conditions of good quality wood floors.
Any discount-priced/clearance/on-sale/promotional product/service is sold "as is"; the sale is final and will waive any warranty.
Customer understands and agrees that all communications concerning the job status, job changes, pricing, or any other job issues outlined in this contract, will only be between the customer and installer. Installer will not be held liable for any discussions or agreements made between customer and any other parties including installer hired sub or specialty contractors, suppliers or installer employees.
Customer understands and agrees that any and all animals that may inflict injury on installer staff or sub or specialty contractors will be kept out of all work areas and all storage areas for the duration of this job. Customer also understands and agrees that Highway Flooring Inc will not be responsible for any pet(s) leaving the home due to doors, windows, gates or other openings in the home being left open due to work in progress.
Highway Flooring has the right to stop work if the customer(s) fail to live up to their obligations. The cost of restarting the work is $500.00 for $5,000.00 job. $300.00 for each additional $5,000.00 job. The cost is subject to change without notice.
The moment the owners can begin using the project for its intended purposes, though a few items might still need to be done, is considered substantial completion. When substantial completion is reached, the owner must promptly make out a single list of all items they deem in need of attention. When those items are attended to, the job is at an end for contractual purposes and for payment purpose.
Taking pictures before and after job is an important part of our work. Highway Flooring has all the copyrights to use the pictures for all purposes.
This agreement shall be construed in accordance with and governed by the internal laws (without reference to choice or conflict of laws) of the State of New Jersey. In respect of any dispute between the parties regarding the subject matter hereof, the parties hereby irrevocably consent and submit to in personal jurisdiction in the courts of New Jersey, including the United States courts located in and for the District of New Jersey, and to all proceeding in such courts. The parties hereby agree that such courts shall be the venue and exclusive and proper forum in which to adjudicate any case or controversy arising either, directly or indirectly, under or in connection with this Contract and that they shall not contest or challenge the jurisdiction or venue of these courts.
Curbside delivery means that customer must take the material from the truck, driver is not responsible for moving the matrerial inside house. The street address must be truck accessible.
Customer shall pay all the costs incurred by Highway Flooring Inc in the collection of any delinquent amounts, including attorney fees and costs of preparing and filing liens, regardless of whether suit or action is instituted. If net amount due on progress payment is not paid on time, Highway Flooring Inc reserves the right to stop work until the costs of shutdown and delays are paid for.
5% to 15% overage of total square feet is naturally a part of the job. The remaining floors can not be returned unless notified by Highway Flooring Inc. Customer whould keep some floors for future repair or accedent.
Customers understand that all transition moldings, including but not limited stairnosing, threshold, t-molding, reducer, shoe molding, will be factory or industry standard, unless noticed in writting.
Customers agree with all terms and conditions of all manufacturers and brands, which is available one their website, or from us on request..
Conditions And Terms Of Material Sale
Controlling Provisions
No terms and conditions other than the terms and conditions contained herein shall be binding upon Seller unless accepted by it in writing signed by the Seller's president. All terms and conditions contained in any prior oral or written communication, including without limitation Buyer's purchase order, which are different from or in addition to the terms and conditions herein are hereby rejected and shall not be binding.
Terms
Payment is due at time of purchase, unless Buyer is extended an open account of credit pursuant to agreement with Seller. If Buyer is extended an open account of credit, Buyer must pay Seller current amount due, in full, every month credit is extended. All past due amounts are subject to service charges at the maximum contract rate permitted by law, and Buyer agrees to pay for the products according to the Seller's payment terms. If an order is placed by telephone, Buyer has twenty-four (24) hours from the time of any confirmation email to review the telephone order and cancel the telephone order.
Remedies Of Seller
Upon default by Buyer, Buyer agrees to reimburse Seller all attorney fees and court costs incurred by Seller in connection therewith. Buyer agrees that any of the following shall constitute an event of default which shall enable seller, at its option, to cancel any unexecuted portion of this order or to exercise any right or remedy which it may have by law: (a) the failure of Buyer to perform any term or condition contained herein; (b) any failure of Buyer to give required notice; (c) the insolvency of Buyer or its failure to pay debts as they mature, an assignment by Buyer for benefit of its creditors, the appointment of a receiver by Buyer or for the materials covered by this order or the filing of any petition to adjudicate Buyer bankrupt, (d) the death, incompetence, dissolution or termination of existence of Buyer; (e) a failure by Buyer to provide adequate assurance of performance within ten (10) days after a justified demand by Seller or (f) if Seller in good faith believes that Buyer's prospect of performance under this Agreement is impaired. All rights and remedies of Seller herein are in additional to, and shall not exclude, any rights or remedies that Seller may have by law. In the event it becomes necessary to incur any expense for collection of any overdue account, reasonable collection charges, including reasonable attorney's fees will be added to the balance due and Buyer shall pay all such charges.
Warranty
THE BUYER'S SOLE AND EXCLUSIVE WARRANTY, IF ANY, IS THAT PROVIDED BY THE PRODUCT'S MANUFACTURER. SELLER MAKES NO EXPRESSED OR IMPLIED WARRANTIES. SELLER HEREBY DISCLAIMS ALL EXPRESSED OR IMPLIED WARRANTIES, WHETHER IMPLIED BY OPERATION OF LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS OR FITNESS FOR A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES, AND IN NO EVENT, WILL SELLER BE LIABLE FOR PERSONAL INJURY OR PROPERTY DAMAGE OR ANY OTHER LOSS, DAMAGE, COST OR REPAIRS OF INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED UPON WARRANTY, CONTRACT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION ARISING IN CONNECTION WITH THE DESIGN, MANUFACTURE, SALE, TRANSPORTATION, INSTALLATION, USE OR REPAIR OF THE PRODUCTS SOLD BY SELLER. BUYER HEREBY ACKNOWLEDGES AND AGREES THAT UNDER NO CIRCUMSTANCES, AND IN NO EVENT, SHALL SELLER'S LIABILITY, IF ANY EXCEED THE NET SALES PRICE OF THE DEFECTIVE PRODUCT(S); NO ADDITIONAL ALLOWANCE SHALL BE MADE FOR THE LABOR OR EXPENSE OF REPAIRING OR REPLACING DEFECTIVE PRODUCTS OR WORKMANSHIP OR DAMAGE RESULTING FROM THE SAME. EXCEPT AS EXPRESSLY SET FORTH IN THIS PARAGRAPH, ALL PRODUCTS AND/OR SERVICES PROVIDED BY SELLER AND ITS EMPLOYEES AND AGENTS ARE PROVIDED "AS IS", "WHERE IS" AND "WITH ALL FAULTS."
Indemnification
The Buyer shall at its own expense apply for and obtain any permits and inspections required for installation and/or use of the products. Seller makes no promise or representation that the products or services will conform to any federal, state or local laws, ordinances, regulations, codes or standards, except as particularly specified and agreed upon in writing by Seller. The Seller's products are not for use in or with any nuclear facility unless specifically so stated by Seller in writing. Seller shall not be responsible for any losses or damages sustained by the Buyer or any other person as a result of improper installation or misapplication of the products. Buyer shall defend, indemnify and hold harmless Seller and its agents and employees against any loss, damage, claim, suit, liability, judgement or expense (including without limitation, attorney's fees) arising out of or in connection with any injury, disease or death of persons (including, without limitation, Buyer's employees and agents) or damage to or loss of any property or the environment, or violation of any applicable laws or regulations resulting from or in connection with the sale, transportation, installation, use or repair of the products by Buyer or of the information, designs, services, or other work supplied to Buyer, whether caused by the concurrent and/or contributory negligence of Buyer, Seller, or any of their agents, employees, or suppliers. The obligations, indemnities and covenants contained in this paragraph shall survive the consummation or termination of this transaction.
Delivery
Seller will make a good faith effort to complete delivery of the products as indicated by Seller in writing, but Seller assumes no responsibility or liability and will accept no backcharge for loss or damage due to delay or inability to deliver, whether or not such loss or damage was made known to Seller. Seller shall have no liability for Seller's non-performance caused by acts of God, war, labor difficulties, accidents, inability to obtain materials, delays of carriers, contractors or suppliers or any other causes of any kind whatever beyond the control of Seller. Under no circumstances shall Seller be liable for any special or consequential damages or loss, damage, or expense (whether or not based upon negligence) arising directly or indirectly from delays or failure to give notice of delay.
Shipments
All products are shipped and title passes F.O.B. Shipping Point. Risk of Loss shall transfer to Buyer upon delivery of goods to common carrier, Buyer or Buyer's representative. The cost of any special packing or special handling caused by Buyer's requirements or request shall be added to the amount of the order. If Buyer causes or requests a shipment delay, or if Seller ships or delivers the products erroneously as a result of inaccurate, incomplete or misleading information supplied by Buyer or its agents or employees, storage and all other additional costs shall be borne solely by Buyer. No claim for shortages or shipping errors will be allowed unless made in writing within seven (7) days of receipt of a shipment. Claims for products damaged or lost in transit should be made by Buyer to the carrier, as Seller's responsibility ceases upon delivery to the carrier.
Inspection And Acceptance
Buyer must immediately describe on Bill of Lading any damage to any and all products upon delivery. Otherwise, Buyer shall be deemed to have irrevocably accepted any and all products. Only if damage is noted on Bill of Lading, Buyer shall have seven days from the date Buyer receives any products to notify Seller, in writing, of any defects, nonconformance or rejection of such products. After such seven-day period, Buyer shall be deemed to have irrevocably accepted the products, even if damaged and even if not previously accepted. Buyer hereby agrees that such seven-day period is a reasonable amount of time for such notification. After acceptance, Buyer shall have no right to reject the products for any reason or to revoke acceptance.
Governing Law
This transaction shall be governed in all respects by the laws of the State of Alabama (excluding choice of law provisions) and all actions commenced shall be brought in a court of competent jurisdiction residing in Piscataway, New Jersey.
Taxes
The amount of any sales, excise or other taxes, if any, applicable to the products shall be added to the purchase price and shall be paid by Buyer unless Buyer provides Seller with an exemption certificate acceptable to the taxing authorities. Any taxes which Seller may be required to pay or collect under any existing or future law, upon or with respect to the sale, purchase, delivery, storage, processing, use or consumption of any of the products, including taxes upon or measured by the receipts from the sale thereof, shall be for the account of the Buyer, who shall promptly pay the amount thereof to Seller upon demand.
Severability
If any provision hereof is held to be illegal, invalid or unenforceable under any present or future laws, such provision shall be fully severable and the terms and conditions herein shall be construed and enforced as if such illegal, invalid or unenforceable provision had never been made a part hereof. The remaining provisions herein shall remain in full force and effect and shall not be affected by such illegal, invalid or unenforceable provisions or by their severance wherefrom.
Set-Off And Non-Waiver
Buyer shall not be entitled to set-off any amounts due Buyer against any amount due Seller in connection with this transaction. Seller's failure to insist upon the strict performance of any term or condition herein shall not be deemed a waiver of any of Seller's rights or remedies hereunder, nor of its right to insist upon the strict performance of the same or any other term herein in the future. No waiver of any term or condition hereunder shall be valid unless in writing and signed by Seller's president.
Returned Goods Policy
Seller cannot accept return of any goods unless prior written permission has been given. Credit memorandums issued for authorized returns shall be subject to the following deductions and conditions: (a) Stock items-merchandise must be stock material consisting of the original parts, unaltered, of reasonable quantity and in resalable condition as determined by a Seller's representative; (b) all merchandise must be accompanied by documentation providing Seller with the following information: invoice number and date, quantity of items being returned and reason for return. In addition, if proper documentation as outlined in (b) above is not provided then an additional handling charge may be charged to cover our additional expenses incurred in researching proof of purchase. Non-stock/special order items must have factory approval before returning and are subject to any manufacturer charges, special handling fees and any freight before any credit, if any, can be issued. Therefore, Seller cannot authorize these products to be returned to Seller until such returns have been approved by the manufacturer or its representatives in writing to Seller. All returns are to be authorized by the issuing of a "Return Material Authorization." Note: all cash sales are final. (c) Buyer is responsible for shipping the material back to designated location. Restocking fee could be as high as 40%, depending on the product.
Entire Agreement
This document constitutes the entire agreement between the parties and contains all the agreements and conditions of sale; no course of dealing or usage of the trade shall be applicable unless expressly incorporated herein. EXPRESSLY INCORPORATED INTO THESE TERMS AND CONDITIONS ARE SELLER'S POLICIES PERTAINING TO THE FOLLOWING: SHIPPING DETAILS, RETURN POLICY, ORDER POLICY, SALES TAX POLICY, and PRIVACY POLICY. The terms and conditions contained herein may not be added to, modified, superseded or otherwise altered except by a written modification signed by the Seller's president. All transactions shall be governed solely by the terms and conditions contained herein.
(Revised 07-04-2011)
