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 VOID.
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 therein.
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 price.
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.
15. PURCHASER is responsible for providing proper temperature and humidity conditions at the job site. PURCHASER is aware that wood products can be adversely effected by too little or too much humidity, and hereby accepts responsibility for any damage occurring as a result of adverse job site conditions.
16. PURCHASER accepts responsibility for materials delivered to job site in good order by SELLER or his suppliers and agrees to provide protection against theft and damage from the elements.
17. BUONO’S FLOORING CO., INC. agrees to furnish the materials specified in the contract and to complete all work called for in a professional and workmanlike manner, according to standard practice in the industry. BUONO’S FLOORING CO., INC. is not responsible for unavoidable dust, damage or discoloration to walls or baseboard resulting from standard practice.
18. BUONO’S FLOORING CO., INC. guarantees the finish on your hardwood floor for seven years against peeling, cracking, and/or chipping under normal residential use, but cannot guarantee against scratching or dulling of the finish.
19. MATERIAL WARRANTIES are solely those of the manufacturers of the materials specified. PURCHASER agrees to look solely to those manufacturers for all warranty claims. PURCHASER further agrees that BUONO’S FLOORING CO., INC. shall NOT be responsible for any consequential damages arising as a result of the failure or misuse of any product.
20. PURCHASER is aware that job site temperature and moisture conditions may adversely effect wood products and therefore PURCHASER expressly agrees that BUONO’S FLOORING CO., INC. shall not be responsible for any expansion, shrinkage, cupping, buckling, or other reaction of wood to moisture, or dryness without regard to the size, grade, or previous condition of the material. BUONO’S FLOORING CO., INC. shall further not be held responsible for any type of insect infestation. NOTE: Properly installed hardwood floors may experience some minor separation between boards at different times during the year due to expansion and contraction of wood as a natural product. Minor separations do not indicate a defect in the product or workmanship.
21. In the event that other trades are working at the same jobsite, PURCHASER understands it is his/her responsibility to make sure any work performed by BUONO’S FLOORING CO., INC. is properly protected from said trades. Unless otherwise indicated, BUONO’S FLOORING CO., INC. is not responsible for protecting the floor against other trades. NOTE: Even if the flooring is partially completed, any material including, but not limited to, compound or paint, as well as equipment such as wet saws, can ruin a floor already in progress. Also, equipment or furniture should not be dragged by other trades even if using a blanket underneath, as the weight alone will be enough to indent a hardwood floor.
22. PURCHASER is aware that sanding of wood products will create fine dust in the air and PURCHASER has taken such precautions as he/she feels adequate to protect the surrounding area from such dust. BUONO’S FLOORING CO., INC. SHALL NOT BE HELD RESPONSIBLE FOR ANY DAMAGE RESULTING FROM THE DUST NOR SHALL BUONO’S FLOORING CO., INC. BE RESPONSIBLE TO CLEAN UP SUCH DUST.
23. In the event of any non-payment, PURCHASER agrees to pay all of BUONO’S FLOORING CO., INC.‘s cost of collection, including but not limited to court costs, attorney’s fees, lien fees, etc. to the extent allowed by law. Merchandise remains the property of BUONO’S FLOORING CO., INC. until paid for.
24. Under the Mechanic’s Lien Law, any contractor, subcontractor, laborer, or supplier or other person who helps to improve your property but is not paid for his work or supplies, has a right to enforce a claim against your property. This means that, after a court hearing, your property could be sold by a court officer and the proceeds of the sale used to satisfy the indebtedness. This can happen even if you have paid your own contractor in full, if the subcontractor, laborer, or supplier remains unpaid.