COVERING FLOORING INSTALLATION WORKMANSHIP & LIMITATION OF LIABILITY
The Certified Flooring Network Vendor/Contractor (“Contractor”) warrants to the original Customer that the installation of carpet, wood, tile, laminate, vinyl and/or stone (“Flooring Materials”) will be done in a good workmanship manner. For a period of three (3) years from the date the installation is substantially completed, the Contractor, subject to the terms of this Limited Warranty, agrees to repair or replace any flooring problems that are caused because of defective installation of the Flooring Materials.
The Customer agrees to submit all claims of defective installation in writing to the Contractor at the address set out above within the 3-year warranty period with reasonable proof of delivery. The Customer agrees that Contractor may have an independent certified inspector chosen by the Contractor inspect the flooring as a condition precedent to the Contractor honoring this Limited Warranty. Consumer agrees to reasonably cooperate in allowing such inspection and agrees that the failure to permit such inspection will waive this Limited Warranty. The parties agree that the inspector’s opinion as to the cause of the flooring problem is final and binding on all parties.
The Contractor is not responsible for the condition or the effect of any existing flooring surface, subflooring and/or underlying structure on the installation of any Flooring Materials that causes separation, cracking, movement, warping or any other adverse condition to the Flooring Materials where the condition of the existing flooring surface, subflooring or underlying structure is a substantial contributing factor to any adverse condition.
It is expressly agreed that the Customer’s sole and exclusive remedy is limited to repair or replacement through the Contractor, if the independent inspector determines the installation was materially defective with the same or equivalent Flooring Materials. In lieu of repair or replacement, the Contractor may also elect in its sole discretion to pay Customer and Customer agrees to accept as its sole remedy, a sum equal to the sum paid by Customer for the installation as appears on this invoice. Any and all other remedies, including, but not limited to consequential damages, incidental damages, statutory attorney fees, punitive damages, exemplary damages are excluded and disclaimed by the parties. At the Contractor’s discretion, a refund may be issued as long as the Flooring Materials are in returnable condition (unless the unreturnable condition is the result of the defective installation). The parties agree that whether the Flooring Materials are returnable or not shall be determined by the inspector and that the inspector’s opinion is final and binding on all parties.
INSTALLATION ONLY WARRANTY: It is expressly agreed that, the Contractor makes no warranty, whether expressed or implied, about the installation unless the Customer has the flooring installed by and through the Contractor’s certified, licensed, insured & expert flooring installers under the Contractor’s control. If Customer does not have the flooring installed by or through the Contractor, the Contractor is not responsible and cannot be held liable for the improper installation of Flooring Materials purchased from or through the Contractor. In such situation the only recourse the Customer has is to file a claim directly against the Flooring Materials manufacturer if the Flooring Materials are defective and/or against the installer of the flooring if the problem is the installation.
FLOORING MATERIALS COVERED BY MANUFACTURER’S WARRANTY: The Flooring Materials are covered exclusively and separately by the Manufacturer’s Warranty, if any. The Customer understands the Contractor makes no warranty, whether expressed or implied, regarding the Flooring Materials and any claim that the Flooring Materials are defective shall be make solely against the Flooring Materials manufacturer.
Damage to the Flooring Materials caused by abuse, neglect, improper care/cleaning or acts of nature is excluded and disclaimed by the parties. The Contractor is not responsible is not responsible for manufacturer and/or shipper delays. To reschedule an installation date, a minimum notice of 72 hours is required or a $500 fee will be assessed. There are no other agreements, understandings, representations or terms regarding this Limited Warranty and these terms supersede and replace all previous discussions, understandings and agreements, oral or written. These terms may not be changed orally but only in writing signed by both parties. Collection & Legal fees, if incurred by the Contractor, will be added.
It is expressly agreed that the Contractor makes no other warranty, whether express or implied and that the implied warranty of merchantability, the implied warranty of fitness for a particular purpose and any and all other implied warranties are excluded and disclaimed by the CONTRACTOR. ANY implied warranties, including any implied warranty of merchantability or fitness for any purpose, (an unwritten warranty that the product is fit for ordinary use) THAT ARE NONETHELESS IMPOSED BY APPLICABLE E LAW are limited to one (1) year from the date of THE INSTALLATION’S SUBSTANTIAL COMPLETION. Some states do not allow THE DISCLAIMER OF IMPLIED WARRANTIES OR limitations on how long an implied warranty lasts, so the above limitationS may not apply to you.