1. The parties to this agreement are PURCHASER and
BUONO’S FLOORING CO., INC. PURCHASER represents that he/she has the legal
authority and right to enter into this contract and that he/she agrees to keep
the property and improvements free from any obstructive or conflicting claims
that would interfere with BUONO’S FLOORING CO., INC.‘s work or performance
under this contract.
2. PURCHASER agrees to make all payments in accordance
with the terms and conditions of this contract. PURCHASER further agrees
that any payments not made timely, will be subject to interest at the rate of
1.5% per month or at the then prevailing highest legal rate, until paid in
full. PURCHASER also agrees that non-payment of all or any part of the
agreed amount, SHALL RENDER ALL BUONO’S FLOORING CO., INC. WARRANTY’S NULL AND
3. All plans and specifications noted on the face of
the contract are made an integral part of this agreement.
4. PURCHASER understands that any changes which are to
be made to the agreed upon plans and specifications may result in additional
costs for labor or material or both. PURCHASER agrees to pay such
additional costs upon presentation of billing by BUONO’S FLOORING CO., INC..
5. Both parties agree NO modification to this contract
shall be enforceable unless it is in writing and signed by both parties.
6. It is further understood and agreed that there are
no other agreements between the parties, either written or oral, regarding the
subject matter of this contract and that this contract reflects the full and
complete understanding between the parties.
7. The agreed upon cost in the contract is,
unless otherwise indicated, based upon doing the work during normal working
hours. In the event that overtime is required by the PURCHASER, PURCHASER
agrees to pay such additional costs as are usual and customary for overtime at
BUONO’S FLOORING CO., INC.‘s current labor rates.
8. A charge of 15% will be made for all materials
returned. All returns must be in merchantable condition in the same
packing and/or wrapper condition as when delivery thereof was made by BUONO’S
FLOORING CO., INC. to PURCHASER, or for PURCHASER’S account. ABSOLUTELY
NO RETURNS AFTER 14 DAYS. All sales are final on custom orders.
9. All prices that are based on plans or measurement
provided by PURCHASER are subject to increase in the event of any inaccuracies
10. FORCE MAJEURE: Delay caused by floods, strikes, labor
disputes, accidents, acts of God or other causes beyond the reasonable control
of BUONO’S FLOORING CO., INC. shall excuse or extend the time for performance
of the contract. PURCHASER has provided for such property damage
insurance as he/she feels adequate.
11. PURCHASER agrees to have all work areas broom clean and
ready for the floor layers and/or finishers when they arrive. PURCHASER
also agrees to have 220 volt, 30 amp power available within 100 feet of the
work area via standard electrical outlets or BUONO’S FLOORING CO., INC. must be
notified to make proper adjustments in order to do work. BUONO’S FLOORING
CO., INC. is not responsible for any damages due to existing faulty wiring.
12. Unless otherwise indicated, PURCHASER’S responsibility
includes the removal of all furniture, fixtures, and appliances so that BUONO’S
FLOORING CO., INC. shall have clear access to the work area. Unless
specified, this contract DOES NOT include sub-floor preparation.
13. Unless otherwise indicated, installation and/or
refinishing of molding and/or baseboard is not included in the agreed upon
14. Unless otherwise indicated, all trash and/or
debris created as a result of BUONO’S FLOORING CO., INC.’s work will be tied or
bagged in such a way as is suitable for the corresponding Department of Sanitation.
BUONO’S FLOORING CO., INC. is not responsible for carting away of debris unless
agreed in writing by both parties.