Worry-Free Installation Services Terms of Condition

General Terms and Conditions

This agreement is made and entered into by Flooret, LLC (herein referred to as “the Installer”) and the customer (herein referred to as “the Client”) for flooring services to be performed at the address specified in the attached quote. Client understands that Installer’s warranty for installation services will only cover installation for products that are supplied by Installer.
The warranty covering installation services is separate from the product warranty. Clients should familiarize themselves with both warranties before the start of installation services.
If agreement is based upon measurements taken from blueprints or the Client’s measurements, the price indicated in the proposal shall be subject to change in the event that the actual measurements vary from those submitted.
Final cost of subfloor leveling or patching is dependent upon inspection once demolition is complete and substrate is reviewed and inspected. The substrate is required to meet industry standards for flatness and condition based on product type and installation guidelines.
Appliances utilizing a water line or gas line must be disconnected before the start of installation. It is the responsibility of the Client to disconnect and reconnect water lines and/or gas lines of any and all appliances. It is advisable to retain a licensed plumber.
If electing to utilize toilet pulling services, it is the responsibility of the Client to disconnect toilet(s) from the water source. The reinstallation of the toilet(s) is the responsibility of the Client. It is advisable to retain a licensed plumber.
The Client is responsible for purchasing new baseboards and/or trim pieces to be used in the installation.
The Installer will be as careful as possible while removing trim and baseboards if slated for reuse. The Installer is not responsible for replacing broken or damaged baseboards or trim.
All merchandise is subject to commercially acceptable dye lot variations as defined by industry standards.
Due to the delicate nature of modern paints and wallpaper, Flooret cannot be responsible for any damage during installation.
The Client agrees to allow inspection of and endeavor to correct any condition notified of and the referral to allow either, constitutes a waiver of the Client’s rights to assert a claim or file suit against the Installer.
The Client agrees to carry any necessary insurance covering property of installer until all material and work has been paid for in full. The consequences direct or indirect of labor troubles, fires, accidents, war, labor, delivery, failure of supply goods from the manufacturer or mill to installer, and causes beyond the control of the parties hereto, shall excuse performance to the extreme by which performance has been prevented by such consequences. In the event of such unforeseen circumstances, the Installer reserves the right to reschedule the work or terminate this agreement without penalty or further liability.
The Client shall ensure that a responsible adult aged 18 years or older is present at the premises upon the arrival of the Installer’s installation team, or, alternatively, the Client consents to provide unrestricted access to the premises for the duration of the project. In the absence of such arrangements, the Installer reserves the right to reschedule the installation, and the Client may incur additional charges.
The Client agrees to provide continuous access to water, electricity, heating, and/or air conditioning, as applicable, for the entire duration of the flooring project, including in sunrooms or other auxiliary spaces. The Installer shall not be liable for delays or damages resulting from the Client’s failure to provide these utilities.
Removal of Pets and Animals: The Client agrees to relocate all pets and animals from the designated flooring installation areas prior to the start of the project. The Installer shall not be held responsible for any harm or inconvenience caused to pets or animals due to the Client’s failure to comply with this requirement.
Prevention of Interference: The Client shall ensure that adults, children, and pets do not interfere with the progress of the flooring project. The Installer reserves the right to halt work if such interference occurs, and any resulting delays or additional costs shall be the responsibility of the Client.
The Installer shall not be held liable for any incidents, injuries, or damages resulting from slips, trips, or falls on flooring areas before, during, or after the flooring installation or other materials. The Client assumes full responsibility for ensuring the safe and intended use of the flooring surfaces at all times and agrees to indemnify the Installer for any claim made by any person or entity related to the above.
Indemnification:

To the fullest extent allowed by law, Client shall defend (but only if so elected by Flooret in its sole discretion), indemnify, reimburse, and hold harmless Flooret, its affiliates, joint venture partners, subsidiaries, and each of their respective directors, officers, representatives, agents, and employees (collectively, “Flooret Indemnified Parties”) from and against all proceedings, claims, damages, liabilities, losses, costs, and expenses, including, without limitation, attorneys’ fees and expenses incurred by a Flooret Indemnified Party in defending the foregoing or incurred in enforcing Client’s indemnification obligations hereunder (collectively, “Damages”), in any manner arising out of, related to, or resulting from the performance of the work hereunder.

This applies provided that any such Damages are caused in whole or in part by any act or omission of Flooret, any subcontractor, or anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, including, without limitation, any negligent, grossly negligent, or willful acts or omissions, and regardless of whether or not:

any such Damages are caused in part by the concurrent negligence of any Flooret Indemnified Party or any other acts or omissions (including, without limitation, any negligent acts or omissions) of any Flooret Indemnified Party, or
any Flooret Indemnified Party would otherwise be liable for such Damages under a statutory or common law strict liability standard.

For the avoidance of doubt, Client shall not be obligated to indemnify any Flooret Indemnified Party hereunder to the extent any Damages result from the sole negligence or willful misconduct of a Flooret Indemnified Party.

The parties acknowledge and agree that, notwithstanding the foregoing, in the event a court of competent jurisdiction holds that a statute limiting the scope of Client’s indemnification obligations hereunder is applicable to the work, Flooret’s indemnification obligations hereunder shall only extend to the extent permitted by such statute.

Installer acknowledges that its indemnification obligations hereunder shall extend and apply to Damages resulting from direct claims by any Flooret Indemnified Party as well as any Damages a Flooret Indemnified Party suffers as a result of any third-party claims.

Client covenants not to settle any matter under the indemnities set forth in this agreement without obtaining Flooret’s prior written consent.

Dust Control: The Client acknowledges that while the Installer will implement reasonable dust control measures during the removal of existing flooring and floor preparation, the dispersal of dust to other areas of the home may occur. The Installer shall not be held responsible for dust-related cleaning or damage and the Customer agrees any cost related to this issue shall be solely borne by the Client.
Asbestos-Containing Materials: The Installer shall not install flooring over asbestos unless The Client provides evidence of proper remediation in compliance with local, state, and federal regulations. The Client acknowledges and agrees to bear all costs and responsibility associated with such remediation.
Progress Payment: The Client agrees to pay 50% of the estimated project total (the “Progress Payment”) on or before the first day of operations. This payment is required to initiate the Project and cover initial costs incurred by Installer.
Final Payment: The Client agrees to pay the remaining 50% of the invoice amount upon the completion of the Project. Final payment shall be due immediately upon receipt of the final invoice, unless otherwise agreed in writing by both parties.
Change Orders and Additional Costs: The Client acknowledges and agrees to pay all additional costs associated with approved change orders, including but not limited to:

Subfloor leveling labor costs.
Subfloor leveling material costs.
Any other materials or services necessary to complete the change order or address unforeseen conditions.

Payment Deadlines: Failure to remit payment following the terms specified herein may result in delays, suspension of work, or the imposition of late fees. Late fees shall accrue at a rate of $50/day on any unpaid balance.
Payment Methods: The Installer accepts online payment methods at online checkout.
Non-Payment and Mechanics’ Lien: In the event of non-payment, Installer reserves the right to suspend work and pursue collection efforts, including but not limited to legal action. The Client agrees to reimburse Installer for any legal fees, collection costs, or other expenses incurred due to non-payment. Furthermore, Client acknowledges and agrees that, in the event of non-payment, Installer has the right to file a Mechanics’ Lien against the property at the installation address to secure payment for labor, materials, and services provided. Client understands that a Mechanics’ Lien may encumber the property and agrees to satisfy any unpaid balance promptly to release such lien including any attorney’s fees related to such lien release.
No claim of any kind, whether as to material delivered or for non-delivery, shall be greater in amount than the purchased price of the materials in respect of which such claim is made.
This writing is intended by the parties as a final expression of their agreement and as a complete and exclusive statement of the terms thereof. The parties shall not be bound by any agent’s or employee’s representation, promise, or inducement not set forth in this agreement. No representations, understandings, or agreements have been made or relied upon in the making of this agreement other than those specifically set forth herein. This agreement can only be modified by a writing signed by the parties hereto or their duly authorized agents.
In the event that the Client requests to reschedule installation services with less than 48 hours' notice prior to the scheduled installation date, a $250 reschedule fee shall apply. In the event that the Client cancels installation services with less than 48 hours' notice prior to the scheduled installation date, a $500 cancellation fee shall apply. These fees are intended to cover scheduling and labor costs incurred due to short-notice changes and shall be due immediately upon invoice.