Services

508-693-7405 Remnant & Carpet Workroom: 11 North Line Road Edgartown MA, 02539

info@parkercarpet.com

FLOORING INSTALLATION AGREEMENT

Thank you for choosing us to install your flooring. We very much appreciate the opportunity and we are committed to excellence in our work.
The following is our agreement for the installation. For value received, you and we, Parker Carpet Inc., agree as follows: Flooring
The description of the flooring we are installing for you is detailed on your Estimate/Invoice. By signing below you are indicating that you have reviewed the Estimate/Invoice closely and that the details are all correct. Parker Carpet, Inc. is authorized to receive the flooring from the manufacturer on your behalf as your authorized agent.
Furniture & Fixtures
•We do not move items which we determine are ofan unwieldy or dangerous nature including, but not limited ot fish tanks, waterbeds, firearms, pool tables, grandfather clocks, pianos and organs.
Please strip your beds of sheets and linens. Empty bookcases, china cabinets, fridges,etc. • W e do not move items that are fixed to the floors, walls or ceilings.
OUR INSTALLERS ARE CAREFUL WHEN MOVING ITEMS, HOWEVER ALL ITEMS ARE MOVED AT THE CLIENT'S OWN RISK.
Electronics and Electrical Fixtures
• Our installers donot unhook or re-hookany electronic equipment. If we do, We cannot be held responsible fordamaged or missing wires. fI you have abundle of tangled wires,we will not untangle wires. Wifi and cable modems should be relocated for installation if you want to continue having Wilt internet durning installation.
• Our installers donot unhook orre-hook any appliances that are hardwired. You will need to hire an electrician to do so.
Plumbing
• Our installers donot unhook orreconnect gas stoves, toilets, icemakers, gas dryers etc. You will need to hire aplumberto do so. Adult Presence
• An adult aged 18 or over must be present to let the installers in.
• If you will not be home while the installation si being completed, we must have cell phone access ni case questions orproblemscomeupon the job. If we are not able ot reach you, we may make areasonable decision on how to proceed, which could mean additionalcharges such as additional floor preparation, etc.;or choosing between one oftwo or more possible ways ot finish the flooring. We can not havecrews idled because we can not reach the homeowner. You agree thatyou are responsible for the cost ofadditional work,or for theappearance of the job becauseour installers chose tofinishflooring one way instead of an alternative method, and we were not able to reach you.
Pets
Homeowner is responsible for securing all pets prior to installer's arrival and for the duration of the installation.
Power and R o o mTemperature.
• Electrical power must be available at the job site.
• Carpet: Job site must beacclimated ot at least 67 degrees for 3hours before, during and after the installation.
Marmoleum (Linoleum), Vinyl, Rubber,Cork: For best installation results, thejob siteshould be HVAC controlled andacclimated ot a minimum of 70 degrees ormore for 24 hours before, during and after the installation during the colder months. Any colder then the installation may cause shrinking, bubbling, and cracking etc.
Pull up ofExisting Floors
• Pull up and disposal of any existing flooring si not included with your order unless specifically itemized ni the Estimate/Invoice.
• Asbestos: We are not licensed to remove asbestos flooring. We can go over ti or you may hire an asbestos removal company. Alltile and vinyl floors must be tested by an independent lab indicating no asbestos before w ecan remove it, as per state law.
• Pull up of glued carpet. We will quote you abasic price for this work,however we cannot be held responsible for unforeseen situations. fI the glue ontheexisting carpet si extremely aggressive or if ni the process ofpulling ti up there isdamage to the subfloor that must be repaired we reserve the right to charge for the extra costs of additional labor and materials.
• Pul up ofwoodfloors, tile, or vinyl. We wil quote abasic price, however the price could rise due to unforeseen circumstances.
• W e are not licensed to remove flooring or house components with lead paint.
• I f extra charges apply you wil be notified at once and you have the option of paying the additional money or doing the work yourselves. There will be norefund of the materials ordered to do the job.
• F o r health reasons our installers reserve the right to refuse to pull up urine soaked floorsor for other conditions.
Additional charges
• We cannot be held responsible for unknown circumstances. Our professional estimators make every effort to includeevery item we can foresee. For example, ti si impossible ot know fi and how much leveling of asub-floor may be required before the existing floor isremoved. fI leveling is required an additional charge may apply. Other such circumstances arise from time to time.
Stairs
• There are many ways ot install stairs. Be sure to discusswith your salesperson which method you want us ot use. Ifthe methodof installation is not specified in the Purchase Order, then we will choose what w edetermine in our discretionto be the best one.
Custom work: It is best toA) discuss with salespersonand B) be home when the installer is doing the work so specificconcernscan be addressed.
Seams
• Professionally constructed seams are not invisible seams. There are many factors affecting whethera seam will be visible including butnot limited to the type and amount ofnatural or artificial lighting ni the room, the thickness,construction and colorof the carpet.
Quarter Roundmoldings
• Carpet: Should be removed for best carpet installation
• LVP/LVT, Laminate: Quarter Round may be needed fi the baseboard cannot be removed.
Doors
• Door cutting is not included in your quote, if this should become necessaryan additional charge may apply.
Hidden Wires, Radiant In- Floor Heating Systems or Other Unusual Condition
* Inthe event the consumer has wires, radiant (infloor) heating systems or other conditionshidden under their existing floorwe must be notified ofthis fact prior to ordering the flooring.
•Radiant In-Floor Heating Systems have Plastic PEX piping or electrical wiringall throughout or directly under the subfloor. Most flooring cannot be installed over radiant (in floor) heating systems. Installers and/or Agents of Parker Carpet Inc.are not liable fordamage when not notified of said conditions. The client is to assume there will be nails used during t h ework so please be sure to notify Parker Carpet Inc. i fthe house hasthis type ofheating system, even if ti might not be in the are where the work is to be performed
Scheduled Installation Times
• Estimated arrival and finish times are only a guide. Manycircumstances during the day can cause our crews to run ahead or behind schedule.
Baseboards
• Carpet: Some surface scratching may occur. Touch up isthe homeowner's responsibility.
• Hard surfaces: Baseboards may be removed and reinstalled for installation. Filling nail holes and touchup painting si the homeowner's responsibility. On some occasions, when the baseboards are removed and reinstalled to their original position there might be a space between the bottom of thebaseboard and the top of thenew floor. Ifthe homeowner does not like this space then quarterround can be installed at an additional cost.
Patterned Carpet
• No pattern iswithout skew. No room is perfectly square. We do our best toget the most pleasing look in the room but somerun off is possible.
Natural Products
• Products made from natural materials (stone tile, ceramic tile, wool, real linoleum, etc.) have natural variations. Marble has marbling. Ceramic tile is made from clay, which has natural variations in color and glazing. Wool is anatural product that has natural color variations. Asaresult, you should expectvariations. These natural variations are not defects, and no refund or replacement will be made for natural products that have normal color, texture, and appearance variations.
Defective Flooring
Fortunately, ti si avery rare situation, butshouldwe determine that the flooring materialsthat we install ni your home are defective we make ti atop priority to replace the materials and expedite your replacement.
Monetarycompensation is not provided for lost wages, lost revenueorany other contingency, including but not limited to the cost of other contractors, the cost for alternateaccommodation or psychological distress.
Job Completion
• Our installers are expected to clean up and remove all trash, except for larger pieces of carpet, vinyl,and flooring which you may want ot keep for future use or repairs.
Payment of Balance Due
• Payment is due immediately upon completion of the jobunless an agreement is ni place. Jobs done in phases will be billed for work completed to date unless otherwise agreed upon.
• If you will not be home at the time of completion, arrangements must be made to pay the balance in advance.
• Unpaid balanceswill becharged at 5% interest monthly unlessan agreement is in place. • Unpaid balances may be secured by mechanic's lien o n the premises.
Cancellation Policy
• Onceyouschedulean installation ti must be cancelled before 12p.m. on the previousbusinessday (Monday through Friday) otherwise a $50.00fee will be assessed for late cancellation.
• There are no returns of special order carpet, tile, vinyl, rugs, or other flooring. There are no returns of cut or installedflooring.
D u etothe high cost of freight both to and from the island and to thefinal destination ofour mills and distributors, there will be a 50% restocking fee for all materials after they've been shipped.
Maintenance
Proper maintenance si essential for best results and warranty service. Do not use plastic over flooring ot "protect it". This can damage your floorand voidvour warranty. For al floors, the use of shades or curtains wil minimize the possibilityofdamage due ot UV radiation andmay berequired by the manufacturer's warranty.
Miscellaneous Terms
No OtherAgreement. Except as otherwise mutuallyagreed ni writing, this Flooring Installation Agreementand the incorporated Estimate/ Invoice are the complete agreement of the parties andsupersede al otheragreements or understandings, written or oral.
• Indemnification: Our liability for damage caused byournegligence or thatof our subcontractors/agents shall be limited to the applicable policy limits of our liabilityinsurance.
•Terms of Payment. In addition the terms stated above, you agree to pay all costs ofcollection, whethero rnot we enforce a mechanic's lien or
otherwise file suit, including without limitational attorney's fees, filing fees, and court costs as they are billed by us. Suchunpaid additional costs shall be subject to interest at 5%per month until paid.
• Limitation of Damages. We will not be liable for any delay in performing any work or providing any materials hereunder, or any cessation of or interruption ofservices, including but not limited ot those arising out of fire, flood, explosion,war, strike, powerblackout,nature, civilor military authority, inability to obtain labor or materials or reasonable substitutestherefore, terrorist threats or activities or any othercause beyond our reasonable control or acts ofGod.
• Limitation of action. Except for claims for overdue balances, any other lawsuit hereundershallbe brought within one (I) year ofcompletionof our installation notwithstandingany other statute of limitation that would otherwise apply.
• Choice of Law. This Agreement shal eb governed by the laws of the Commonwealth of Massachusetts without giving effect ot anychoice of law or conflict oflaw provision or rule (whether of the Commonwealthof Massachusetts or any other jurisdiction) that wouldcause the application of the laws of any jurisdiction other than the Commonwealth of Massachusetts.
• Successors and assigns. Your rights hereunder may not be assigned to a third party.
• Venue. The parties agree that the Dukes County Superior Court of the Commonwealth of Massachusetts, shall be the only proper forum and court of competent jurisdiction for any dispute arising hereunder.
• Authorship. The parties agree that this Agreement has been negotiated and drafted by them equally and that neither party shall have the benefit of an adverse inference being drawn against the other party.
• Severability. If any provision herein should, for any reason, be construed by a court of competent jurisdiction to be invalidor unenforceable, all other provisions shall remain in full force and effect and be construed so as to make this Agreementenforceable to the maximumextent allowed by law.
• Counterparts: Facsimile. This Amendment may b eexecuted in counterparts, eachof which when so executedand deliveredshall be taken
together to be an
original; but such counterpartsshall together constitute one and the same document. Facsimiles shall have the force of an original.
• LIMITATION OF REMEDIES AND DISCLAIMER OF WARRANTIES. WE WILL NOT BE LIABLE IN ANY CASE FOR ANY LOSS OF USE, LOST PROFITS, SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES. NI NO EVENTSHALL OUR LIABILITY EXCEEDREIMBURSEMENT OF ANY MONIES PAIDBY YOU UNDERTHIS AGREEMENT AND THIS SHALL BE
YOUR EXCLUSIVE AND SOLE REMEDY FOR ANY CLAIM HEREUNDER. THE FOREGOING LIMITATION SHALL NOT APPLY TO CLAIMS FOR PERSONAL INJURY. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS NI THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
I haveread and agree to theseterms (please print and signyou name belowand date) : Date:
Please send to:
Mailing: Parker Carpet, Inc., PO Box 2202, Vineyard Haven, MA02568
Email: billing@parkercarpet.com