TERMS AND CONDITIONS
1. DEFINED TERMS: The following defined terms have the meanings assigned to them.
1.1 The term “Affordable Floors” shall mean Affordable Floors, Inc., and any of its agents, subsidiaries, and affiliated companies.
1.2 The term “Contractor” shall mean the person, firm, or company with whom Affordable Floors is contracting.
1.3 The term “Order” shall mean the order provided to Affordable Floors by Contractor upon acceptance of the estimate, including all terms, conditions, and specifications set forth in the estimate and related documentation.
1.4 “Scope of Work” or “Work” means the work to be performed on a project pursuant to an issued Order.
1.5 The term "Goods" shall mean all tangible products, materials, or items provided by Affordable Floors to the Contractor as specified in the Order, including but not limited to flooring, installation materials, and other physical components required to fulfill the Scope of Work.
1.6 The term "Services" shall mean all labor, installation, consultation, and other related services performed by Affordable Floors in accordance with the Scope of Work or Order.
2. ACCEPTANCE: When accepted by the Contractor, the estimate, Order, and these Terms and Conditions shall constitute the entire agreement between the parties.
3. PAYMENTS: Unless otherwise agreed upon, Contractor must pay Affordable Floors for Goods and Services within 30 days of receiving an invoice for the completed Work.
3.1 Affordable Floors reserves the right to place a lien on the property if payment is not received within 30 days.
4. WARRANTY: Affordable Floors expressly represents, warrants, and guarantees: a) the Goods and/or Services shall conform to Affordable Floors’ specifications as to quality, description, or value provided to Contractor b) for a period of twelve (12) months after installation; c) the Goods and/or Services shall be free of any defects in workmanship and materials; d) the Goods and/or Services shall be for the ordinary purposes for which such Goods and/or Services are required by Contractor, and e) Affordable Floors’ title to the Goods and/or Services shall be good and its transfer to Contractor rightful, and the Goods and/or Services shall be delivered free from any security interest or other lien or encumbrance, or rightful claim of infringement by any third party.
4.1 Affordable Floors does not warrant Goods and/or Services if Contractor, property owner, or any other party in possession of the Work, does not adhere to manufacturing guidelines including, but not limited to, cleaning and maintenance.
4.2 Affordable Floors does not warrant Goods and/or Services which have been remediated by any third party prior to a request for Affordable Floors to first remediate. Affordable Floors requires 1) notice in writing of the issue to be remediated and 2) a minimum of 14 days for Affordable Floors to respond.
4.3 Affordable Floors does not warrant Goods and/or Services that are used on areas contrary to manufacturer specifications. This includes, but is not limited to, durability and aesthetic issues.
4.4 Affordable Floors provides no warranty for Goods and/or Services, including tiles and other flooring, that become broken or damaged due to the use of heavy machinery or other equipment not intended for use on the floor.
4.5 Affordable Floors does not warrant Goods and/or Services, including broken or damaged tiles or other flooring, which are broken or otherwise damaged, as a result of building shifts or ground settling.
4.6 Affordable Floors’ warranties related to tiles or other flooring are limited to the manufacturer’s product specifications.
4.7 In the event that Contractor alleges a defect with any materials or workmanship, Affordable Floors reserves the right to hire a third-party tile inspector who must be permitted on the property, during normal business hours, to inspect the materials and/or workmanship. This may include extracting installed samples and replacing them with the same or similar materials.
5. ARBITRATION: All disputes and claims between Contractor and Affordable Floors concerning Goods and/or Services or the provisions hereunder, which either party believes cannot be resolved informally or first through mandatory mediation, which is a condition precedent to the ability of either party to assert a formal claim, including without limitation any warranty claim disputes, shall be resolved by binding arbitration conducted by a single arbitrator under the auspices, rules and procedures of the American Arbitration Association. No discovery shall be allowed except as may be agreed to in writing by the parties. Either party may demand arbitration and the arbitrator’s final award shall be issued within ninety (90) days after service of the arbitration demand. Any party who challenges this provision with a Court and loses, shall pay the opposing party’s reasonable and necessary attorney’s fees and costs incurred in defending this provision. Judgment upon the arbitration award or decision may be confirmed, entered, and enforced in any court having jurisdiction, subject to appeal only in the event of the arbitrator’s misapplication of the law, no evidence to support the award, or such other grounds for appeal of arbitration awards that exist by applicable law. This arbitration provision shall survive termination of this agreement. Nothing herein shall excuse Owner from participating in and complying with any applicable provision of the Texas Property Code. Unless otherwise prohibited by law, mediation and arbitration shall be commenced and administered in Houston, Texas. Any arbitrator must have five (5) years of experience serving as an arbitrator or mediator and shall have technical expertise and knowledge appropriate to the dispute.
6. ATTORNEY’S FEES: Subject to Section 14 of these Terms and Conditions, the prevailing party in any legal proceedings brought in relation to the Work, Goods, Services or the provisions hereunder, shall be entitled to recover from the non-prevailing party all litigation costs, expert fees, and reasonable and necessary attorney's fees. For purposes of this provision, litigation costs also includes post-judgment attorney’s fees and costs. Interest on all unpaid balances will accrue at 1.5% per month.
7. GOVERNING LAW: This agreement and all disputes arising from or related to it shall be subject to and governed by the laws of the state of Texas.8.MOBILIZATION: Affordable Floors reserves the right to back charge for additional mobilization including, but not limited to:
8.1 Travel fees;
8.2 Hotel or lodging costs;
8.3 Lost time;
9. WORK STOPPAGE: Affordable Floors reserves the right to stop work authority for the following, without back charges for delays:
9.1 Health or safety issues;
9.2 Natural disasters or other severe weather events;
9.3 Any other unforeseeable event, occurrence, or condition not within Affordable Floors’ control.
10. SALES TAX: Sales tax exempt form must be provided per job prior to commencement of the Work. If no form is provided, Contractor is responsible for any incurred sales tax.
11. PROPERTY CONDITIONS: Affordable Floors requires the property at which Work will take place to conform to the following conditions:
11.1 Electricity, proper lighting, and water must be provided. Job sites without all utilities in place will not be considered job-ready and will be subject to additional mobilization charges. Contractor must notify Affordable Floors in writing no less than two (2) days prior to commencement of the Work of any job sites without utilities in place. Job sites requiring exceptions are subject to additional costs, including transport of water, lighting, and generators.
11.2 Job site temperatures and humidity levels must conform to manufacturer climatization specifications for the materials being stored on site;
11.3 Contractor agrees that unless Affordable Floors performs ANSI recommended moisture testing of slab, at Contractor’s request expense, Contractor will hold harmless Affordable Floors for any moisture related damage or failures.
11.4 Contractor agrees that all trash, material, or equipment not owned by Affordable Floors will be removed as necessary for Affordable Floors to perform the Work. Job sites requiring cleaning, removing, or otherwise handling the trash, material, or equipment will be subject to preparation back charges and possible mobilization fees.
12. MATERIALS & PRODUCTS: All materials kept on the job site must be secured and stored according to the manufacturer’s specifications. Materials stored on the job site are to be maintained and protected by Contractor.
12.1 Materials cannot be inspected until installation begins. In the case of delays caused by defective materials, Affordable Floors is not liable for associated delay charges, including but not limited to, delay back charges, lost operating costs, or temporary flooring.
12.2 Affordable Floors is not responsible for material or associated work damaged by third-parties.
12.3 Affordable Floors is not responsible for product delivery date changes or associated delay charges, including but not limited to, delay back charges, lost operating costs, or temporary flooring.
12.4 Contractor hereby acknowledges that a percentage of material will be added to any order for standard flooring waste factor and damage. All remaining material is provided to the customer for the recommended attic stock.
12.5 Affordable Floors is not responsible for delays or associated delay costs, caused by products damaged during shipping. Associated costs include, but are not limited to, delay back charges, lost operating costs, and temporary flooring. A standard and small percentage of material breakage is expected during shipping. Anything above the standard shipping damage will be processed as a claim to the manufacturer.
12.6 Materials must be paid for in full prior to delivery to a job site.
12.7 Any special or custom orders requiring upfront payment by the manufacturer must be paid in full by the Contractor at the time of placing such order.
12.8 Affordable Floors is not responsible for product shortages, material movement, storage or climatization of customer supplied materials.
13. CHANGES: Affordable Floors reserves the right to execute change orders for additional work if the work is unforeseen. Unforeseen work includes, but is not limited to, the following:
13.1 Extra work and material as a result of moisture related issues;
13.2 Extra work required to demo unusually difficult existing carpet or tiles resulting in the use of take-up machines and additional labor hours exceeding normal expectancy;13.3Slab in poor condition requiring extra prep material and labor.
14. INDEMNITY: CONTRACTOR AGREES TO DEFEND, INDEMNIFY AND HOLD AFFORDABLE FLOORS, ITS SUBSIDIARIES, AFFILIATES, AND AGENTS, HARMLESS FROM ANY AND ALL LOSSES, EXPENSES, AWARDS, AND DAMAGES, INCLUDING COURT COSTS AND REASONABLE ATTORNEY’S FEES, RELATED IN ANY WAY TO THE WORK PERFORMED, OR GOODS AND SERVICES PROVIDED BY CONTRACTOR TO THE EXTENT CAUSED IN WHOLE OR IN PART BY ANY NEGILIGENT ACT OR OMISSION OF CONTRACTOR OR ANY OF CONTRACTOR’S EMPLOYEES, AGENTS, OR ANYONE FOR WHOSE ACTS CONTRACTOR MAY BE LIABLE (INCLUDING, WITHOUT LIMITATION, THOSE ARISING FROM CLAIMS OF BREACH OF CONTRACT, NEGLIGENCE, PATENT, TRADEMARK, OR COPYRIGHT INFRINGEMENT, OR UNFAIR COMPETITION). AFFORDABLE FLOORS SHALL BE ENTITLED TO RECOVER ANY AND ALL COSTS AND EXPENSES INCURRED BY AFFORDABLE FLOORS OR PAYABLE TO THIRD PARTIES FOR LABOR, REMOVAL, RE-WORKING, SCRAPPING AND ANY OTHER COSTS OR TRANSPORTATION EXPENSES NECESSITATED BY CONTRACTOR'S BREACH. UPON RECEIPT OF NOTICE, CONTRACTOR WILL PROMPTLY ASSUME FULL RESPONSIBILITY FOR THE DEFENSE OF ANY SUIT OR PROCEEDING ARISING FROM CONTRACTOR’S NEGLIGENT ACT, OMISSION, OR BREACH.15.TERMINATION: Prior to the commencement of the Work, Affordable Floors shall have the continuing right to terminate all or any part of the Order.
15. TERMINATION FOR CAUSE: Affordable Floors shall have the right to terminate for cause and cancel all or any portion of an Order upon (1) Contractor’s breach of any material term hereunder for which Contractor fails to cure within seventy-two (72) hours after having received written notice of such material breach from Affordable Floors, (2) if Contractor is adjudicated bankrupt or commits an act of bankruptcy, or (3) if any warranty or representation made by Contractor is discovered to be materially false or fraudulent.
16. TERMINATION FOR CONVENIENCE: Affordable Floors may terminate at its convenience in whole or in part at any time without cause. Any such terminations shall be effected by written notice from Affordable Floors to Contractor specifying the extent to which the agreement is terminated and the date upon which termination becomes effective.
17. FORCE MAJEURE: Neither party shall be liable for damages arising from delay in delivery or any other non-performance arising out of causes beyond its control and without its fault or negligence, including but not limited to acts of the public enemy, acts of any government in either its sovereign or contractual capacity, natural disasters, floods, freight embargoes, quarantine restrictions, strikes, fires, epidemics, pandemics, industrial disputes, war, acts of God, time required for obtaining export licenses and other causes beyond such party’s control (any such cause, a “Force Majeure Event”). Neither party shall, by reason of a Force Majeure Event, be entitled to terminate the Order or have any claims for damages against the other party with respect to any resulting non-performance or delay in performance. Performance of the Work shall be resumed as soon as practicable after the end of such Force Majeure Event. If the performance in whole or in part of any substantial obligation under the Order is delayed by reason of a Force Majeure Event for a period exceeding three (3) months, the parties shall meet and review in good faith the desirability of terminating or continuing the Work. Contractor shall not be entitled to damages resulting from any such termination and Affordable Floors shall be entitled to payment for work already performed and materials purchased.
18. CHANGES IN PRICE: Affordable Floors reserves the right to change the total price of the Work for the following reasons:
a. Restocking fees, at manufacturer’s rate, if the product is returned;
b. Storage fees, at going rate, if materials are held more than 60 days;
c. Work performed outside of normal business hours, including work performed on weekends.
20. ESTIMATES: Estimates are only valid for 30 days. If a product price increases during the 30 days, Affordable Floors will not be bound to the original cost estimate. Affordable Floors will provide a new estimate based on such price increases.