Contract Terms & Conditions (Revised 02-28-2016)
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.
1) The quoted price on this contract is good for 10 days only. Special orders cannot be changed, returned or canceled.
2) Some in-stock floor materials are returnable within 14 days from the time the order is placed. The floors must be in original package and original condition. 30% restocking fee will be deducted from refund. Customer is responsible for transportation cost. The minimum returnable material is 5 cartons, or supplier's requirement within 10 days of the floor delivery/pickup. Accessories are not returnable. Current non-returnable brands include: Somerset, Lauzon, Quick Step, Kahrs, Preverco, Goodfellow, USFloors, Duchateau, Earnest Hemingway. Floors sold at less than $4.50/sq.ft. are sold "as is" with no warranty, no return.
3) Imperfections are natural. Slight milling defects (including height difference and gaps) or installation slip should be expected, 5% tolerance of errors is industry standard, including transit damages. Highway Flooring cannot control the floor length, including the shortest, the longest or the average length. Molding color mismatch is very normal in the industry, we cannot guarantee any molding color match.
4) 5% to 15% overage of total square feet is naturally a part of the job. The remaining floors cannot be returned unless notified by Highway Flooring Inc. Customer should keep some floors for future repairs. For any reason, if the floor is short at the end of the job, customer agrees to pay more of both materials and labor.
5) For any Credit card and No Interest Financing paid order, discount-priced/clearance/sale-price/promotional product(s) is sold "as is" the sale is final and warranty is waived.
6) This contract is contingent on availabilities of all materials, unpredictable situation.
7) All deliveries are curbside delivery - you are responsible for removing materials from delivery vehicle and moving them inside home.
8) Customer agrees with all terms and conditions of all manufacturers and brands, some are available at the websites, or from us on request. For any quality issue after purchase, customer must contact suppliers: manufacturer/brand distributor/importer. Highway Flooring is not responsible for any quality related issue, even supplier is out of business.
9) Highway Flooring cannot guarantee the accuracy of the material measurement. Customer agrees to either keep the overestimate floors or pay more underestimated portion of materials and labor if applicable.
10) Curbside delivery means that customer must take the materials from the truck/van, driver is not responsible for moving the material into house. The street address must be truck accessible. Customer must be there or have somebody to be there waiting. Highway Flooring does not responsible for any accident inside the delivery vehicle(s).
11) Highway Flooring Inc cannot guarantee a floor without cracks/separations 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.
12) Highway Flooring Inc will not be held responsible for any collateral 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.
13) Customer understand and agrees that job will be done in straight time manner, not separated by days, except weekends and holidays, unless noticed in writing.
14) 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 $1,000.00 for $5,000.00 job. $300.00 for each additional $5,000.00 job. The cost is subject to change without notice.
15) 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: 65F to 75F; humidity: 30% to 50%). Homeowner is responsible for the relative humidity and acclimation time control. Highway Flooring Inc. cannot be held liable for checking, cracking, cupping etc. that may or may not occur due to moisture/humidity fluctuation.
16) 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.
17) It is customer(s) responsibility for any damage caused by other trades during installation and to secure the material we leave on the job site.
18) 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 in 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.
19) For your own safety purpose, customer(s) shall keep at least 15 feet away from the working area, shall ware shoes all the time. Customer(s) shall wear protections. We will not be held responsible for any customer injury that may occur on the job site.
20) 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. Highway Flooring is not responsible for any collateral damages from delivery, installation and sanding jobs.
21) Only when situation allowed, we will move light empty furniture (not including overweight and oversize furniture such as, piano, wall unit, assembled and build-ins) around by customer(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 0.5% of the installation or sanding job cost.
22) 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.
23) Customer(s) understand(s) that on-site sanding, staining and refinishing are art plus science. 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 is horizontal motion, will not fix leveling problems, remove vertical stain.
24) Customer understands that installation of wood floors constitutes acceptance of responsibilities for sub-floor readiness by customer(s). Installation does not fix existing sub-floor problems, such as leveling, flatness, squeaky noise, and etc.
25) Glue down floors 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 light foot traffic.
26) Disposal of job waste including old carpet, carton box, and any demolition/installation waste material is customer's responsibility.
27) 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 job site when the job is finished, the job is considered complete.
28) Customer agrees to make final payment after walk through. For any call back after job completion, a fee will be charged for time, labor and gas.
29) For sanding, refinishing and repair jobs, we cannot guarantee the color/sheen level matching, and removing deep stains/discolorations. Once the stain is applied, it cannot be changed. We do not guarantee any work, if customer(s) supply, or ask for their own materials, such as stain and finish.
30) Floor direction is at our discretion unless noted by customer in writing. 45 degree, border, medallion or any pattern installation will be charged additionally.
31) 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.
32) Customer understands that minor scratches, scuffs, glue marks, face nail holes, face nail hole cracks and dents are absolutely normal.
33) Customer understands and agrees that any and all animals that may inflict injury on our 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.
34) 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.
35) Photo document the job before and after is an important part of our work. Highway Flooring has all the copyrights to use the pictures for all purposes.
36) 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.
37) Customer(s) agrees/understand all communications between customer(s) and Highway Flooring are documented for quality control and future uses.
38) 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.