Customer shall submit warranty claims to Company via email at firstname.lastname@example.org. Warranty claims shall include: (1) Customer name and contact information; (2) Invoice or Service Agreement number; (3) the first and last dates that Company performed the Work; (4) a detailed description of the claimed installation defect; and (6) pictures of the claimed installation defect. Customer shall pay to Company a service deductible of $150.00 per warranty claim. Company and Customer shall schedule an inspection at a mutually agreeable date and time within a reasonable period of time after Company’s receipt of a warranty claim. If a meritorious warranty claim has been timely submitted to Company, then Company shall, in its sole discretion, either repair or re-install the defective Work or refund the cost of the defective Work. If the product originally installed is no longer available, then the Company may select a comparable substitute product of equal quality. Minor color variations may exist between replacement products and the originally installed product and are not indicative of a defective replacement product. If Company refunds the cost of the defective Work, then all of the warranties set forth herein shall be immediately terminated, and Customer shall be solely responsible for the repair, replacement, and/or removal of any products installed, repaired, or otherwise related to the Work performed by Company. The warranty period, as well as the duration of any applicable manufacturer warranties, shall not be extended by any warranty work performed by the Company.
In no event shall Company have any liability to Customer, whether as a result of breach of contract, warranty, tort liability (including negligence), statute, common law, equity, strict liability or otherwise, and whether arising before or after the completion of the Work, for any indirect, consequential, incidental, liquidated, expectation, general, special, pecuniary, exemplary, or punitive loss or damage of any kind or nature whatsoever, including but not limited to damage to or loss of use of property, loss of profits or revenues, lost data or goodwill, and cost of purchased or replacement products, arising out of or in any way relating to this Agreement or the Work. In addition, Customer agrees that any action against the Company based in contract or warranty shall be commenced within eighteen (18) months of completion of the Work.
Customer also agrees that Company shall not be liable under any legal theory for any damage of any kind or nature whatsoever with respect to the following:
a. Dust. The flooring installation process may generate a considerable amount of dust that cannot be contained to the Work area. Company is not responsible for dust relating to or resulting from the Work. Customer is hereby warned to take adequate measures to protect Customer’s belongings and health from dust.
b. Squeaks. Company cannot repair, and is not responsible for, existing floor squeaks, nor can Company guarantee that any attempt to repair such squeaks will be effective.
c. Doors. Company is not responsible for cutting doors. Company may remove doors to install flooring, but Company is not responsible for damage to doors or for replacing doors if the Work does not provide adequate clearance for the doors.
d. Walls & Baseboards. The condition of existing walls and molding is beyond Company’s control. In addition, the flooring installation process may result in stain or other materials coming into contact with walls and molding such as baseboards. Accordingly, the Company is not responsible for damage to walls or molding relating to or resulting from the Work. Customer is responsible for any such damage and touch-up work. Customers are hereby warned to apply new paint and/or wallpaper after (rather than before) the Company performs the Work.
e.Carpet and Vinyl Seams. The visibility of seams is dependent upon the product, lighting, and seam direction. The adequacy of Company’s efforts to conceal seams shall be left to the sole discretion of Company, and Company shall not be responsible for claims that the seams have not been properly concealed.
f. Sub-floors and Underlayment. Installing new hard surface floors without the recommended sub-floor and underlayment will void the installation and product warranties set forth above. Company is not responsible for issues arising from the floor structure or underlayment to the extent that the installation of these items was not part of the Work.
g. Pre-existing Structural Issues. Company is not responsible for concealed structural issues, including but not limited to termite or water damage to the sub-flooring, which may be discovered after commencement of the Work. If concealed structural issues are discovered, the Work shall be suspended until Customer remedies the structural issue.
h. Toilets. Unforeseen plumbing conditions may cause water leaks in connection with the removal of toilets to perform the Work. Company is not responsible for water leaks relating to or resulting from the Work. Customer is responsible for any such damage and repair work, including but not limited to water damage and the costs associated with hiring a professional plumber to repair the leak.
i. Customer Responsibilities. Company is not responsible for claims or damages relating to or resulting from Customer’s failure to perform any of the Customer Responsibilities set forth above.
j. Delays. Company is not responsible for claims or damages relating to or resulting from delays in the commencement and completion of the Work.
k. Product Use. Company is not responsible for claims or damages relating to or resulting from normal wear and tear, product misuse or abuse, product modification, improper product selection, non-compliance with any laws, or product misappropriation.
l. Color Variations. Company is not responsible for minor color or textural variations in the materials.
m. Hazardous Substances. Company is not responsible for damages relating to or resulting from the identification, detection, abatement, encapsulation or removal of mold, asbestos, lead based products or other hazardous substances.
n. Maintenance. Company is not responsible for damages relating to or resulting from Customer’s failure to provide reasonable maintenance, including but not limited to cleaning, sealing, painting and/or caulking the materials, as well as clearing debris from gutters or roofs.
o. Third-party Actions. Company is not responsible for damages relating to or resulting from the installation, removal, repair, reinstallation, painting, or adjustment of the Work by third parties, or from any other acts or omissions of third parties with respect to the Work.
p. Other Causes. Company is not responsible for any damage caused by occurrences beyond the control of Company, including but not limited to settlement of the building, failure of the structure (including foundations and walls), use of incompatible accessories, weathering, corrosive effects of salt air and chemical pollutants, fading, deterioration of caulking compounds, fire, flood, lightning, high winds, windblown objects, earthquakes, hurricanes, ice dams, icicles and/or ice storms, atmospheric conditions or weather of catastrophic nature as defined by the US Weather Bureau, other acts of God, intentional acts, unreasonable use, vandalism or pollution.
In addition, Company’s liability shall in all cases be limited to the amount of the Contract Price actually paid to Company for the Work giving rise to the claims asserted against Company. Customer further agrees that Company’s officers, directors, shareholders, members, managers, affiliates, agents, attorneys, successors, and/or assigns shall not be personally liable for any claims or damages with respect to the Contract or the Work. Customer knowingly and intentionally relinquishes any claims or damages that are inconsistent with the liability limitations set forth in this Section of the Terms and Conditions.
Customer covenants and agrees to indemnify, defend, protect and hold harmless the Company and its officers, directors, shareholders, members, managers, affiliates, agents, attorneys, insurers, successors and assigns from and against any and all claims, damages, actions, liabilities, costs and expenses resulting or arising from the acts or omissions of Customer, including but not limited to any breach of this Contract.
The Parties acknowledge that customer reviews may be used for improper purposes such as to extract unjustified and unwarranted advantages, benefits and concessions. Accordingly, Customer covenants and agrees to never disseminate or publish, orally or in writing, a review relating to the Company, the Contract or the Work that is unlawful, defamatory, libelous, slanderous, harassing, abusive, obscene, or is clearly false or misleading.
COLLECTIONS AND DISPUTES
The Contract shall be governed by and construed in accordance with the laws of the State of Arizona. The venue for any judicial proceedings or other dispute resolution process shall be the county in which the Work is performed. The prevailing party in any dispute relating to the enforcement of the Contract shall be entitled to recover its reasonable debt collection costs and fees of up to forty percent (40%) of the principal amount due and owing, as well as legal costs, restocking fees, and attorney fees, without regard to whether these costs and fees were incurred before or after the commencement of a civil lawsuit.