Disclaimers
At FLOORED NY, LLC (“FLOORED NY”) we strive to provide the highest level of care and service when delivering our flooring solutions in your (our “Customer”) home. We aim to fulfill each Customer’s installation by offering budget-friendly flooring solutions through various promotional offers and other discount programs that may be modified or discontinued at any time. Promotions or discounts are not combinable with other sales, promotions or discounts unless specifically noted that such promotion or discount is combinable with another sale, promotion or discount. Promotions and other discount offerings are not applicable to commercial flooring projects. Such promotional offers and other discounts are limited to one promotion or discount per household, are only valid at the time of the initial flooring consultation, and only apply to in-stock products.
Promotional Offers and Discounts Disclaimers
Percentage Discount Promotions
Percentage discount promotions are only valid at the time of the initial flooring consultation, only apply to in-stock products, and are only applied against the price of the base material. To qualify for a percentage discount promotion, Customer must purchase at least two rooms or more for their installation project. Notwithstanding the foregoing, FLOORED NY may require more than two rooms to be purchased in an installation project to qualify for a percentage discount in FLOORED NY’s sole discretion. Percentage discounts will not be applied against underlayment, mouldings, assorted installation items, nor will percentage discounts be applied against labor associated with Customer’s installation project.
Complimentary Furniture Moving
FLOORED NY provides complimentary furniture moving services for reasonable standard furniture and other household items. Such furniture moving services is a promotion only available during initial consultations and, if offered, will only apply to the room or rooms Customer is requesting flooring installation services in. Oversized furniture, large appliances, and/or any items deemed hazardous will incur additional fees. FLOORED NY will not be liable for damages that may be caused while providing complimentary furniture services when FLOORED NY is exercising reasonable care in the performance of such complimentary furniture moving services. FLOORED NY may refuse to move certain pieces of furniture, appliances or other household items if FLOORED NY determines that doing so would be unsafe to FLOORED NY employees/contractors, if it would be unsafe to Customer, or if moving any of the foregoing poses an unreasonable risk.
Referral Program
For each successful referral Customer provides to FLOORED NY that results in a completed and fully paid flooring installation project, FLOORED NY will provide the referring Customer with a referral fee equal to 5% of the total sale amount, excluding sales tax, of the flooring installation project referred to FLOORED NY (the “Referral Fee”). Any such Referral Fee is capped at, and will not exceed, 10% of the total profit realized on the flooring installation project referred to FLOORED NY. FLOORED NY’s referral program is subject to change at any time in FLOORED NY’s sole discretion without prior notice to Customer. Customer is solely responsible for tracking referrals and submitting written claims to FLOORED NY for any Referral Fees. Failure of Customer to submit a written claim for any potential Referral Fee within 30 days of completion of the flooring installation project will be deemed a waiver of the Referral Fee by Customer.
Lowest Price Guarantee
FLOORED NY will match or beat any competitor’s verifiable written estimate for equivalent flooring products. Estimates must be dated within thirty days of the initial flooring consultation and be presented no less than 72 hours prior to commencement of Customer’s flooring installation project. The Lowest Price Guarantee is only applicable for in-stock items and includes all related charges including labor. The Lowest Price Guarantee is not applicable to commercial flooring projects. FLOORED NY reserves the right, in its sole and absolute discretion, to reject a competitor’s estimate if FLOORED NY deems such estimate invalid, fraudulent and/or non-comparable.
General Disclaimers
Force Majeure
FLOORED NY shall not be liable for any failure or delay in performing its obligations to Customer if and to the extent that such failure or delay is caused by a “Force Majeure” event. A Force Majeure event means, in relation to either party, any event or circumstance beyond the reasonable control of that party including, but not limited to, act of God, fire, explosion, flood, epidemic, power failure, governmental actions, war or threat of war, acts of terrorism, national emergency, riot, civil disturbance, sabotage, labor disputes and strikes. In the case of a Force Majeure event, FLOORED NY shall use all commercially reasonable efforts to recommence performance of its obligations to Customer as soon as reasonably possible. Unforeseen delays such as weather conditions or supply chain disruptions may impact delivery timelines. FLOORED NY is not responsible for any resulting losses or damages if there are unforeseen delays outside of FLOORED NY’s control. If due to a Force Majeure event, the as-purchased price of material increases by more than 10% from its cost at the time of the initial flooring consultation: (a) FLOORED NY shall be entitled to an equitable adjustment to the contract price through an appropriate contract modification, unless (b) Customer and FLOORED NY agree to equitably adjust those contractual obligations yet to be performed by each party through an appropriate contract modification, setting forth the revised basis for continued performance, including price and time. FLOORED NY shall have the burden to prove the aforementioned percentage increase by providing documentation reasonably demonstrating such increase.
Asbestos and Hazardous Materials
If, at any time, asbestos and/or any hazardous material is suspected to be present or is at any time discovered before or during Customer’s installation project, FLOORED NY will immediately suspend installation services until Customer has successfully remediated the asbestos and/or other hazardous material. Customer will be required to provide FLOORED NY with a written report provided by a licensed asbestos abatement company evidencing asbestos has been properly removed from the premises. FLOORED NY will not be liable for any costs associated with such asbestos abatement or removal. FLOORED NY will not be liable for any costs associated with treatment or removal of any other hazardous materials. FLOORED NY will not be liable for any consequential damages of any kind or nature that may be caused if FLOORED NY suspends Customer’s installation project as a result of discovering asbestos and/or any other hazardous material.
Financing
Deferred interest for twelve months is available to qualified buyers. Financing is provided through third-party lenders, and all financing terms are subject to credit approval and the approval by the third-party lender. Financing offers cannot be combined with other promotions and are not valid on prior purchases.
Collections and Legal Fees
Should collection or legal action become necessary, Customer agrees to cover reasonable costs, including interest (no less than 1.5% per month) on any outstanding balance owed to FLOORED NY by Customer, collection agency fees, and reasonable attorneys’ fees, if applicable.
Limitation of Liability
No claim by Customer of any kind including, but not limited to, claims for indemnification, whether as to quality or amount of product delivered or non-delivery, shall be greater in amount than the purchase price for the products in respect of which damages are claimed.
IN NO EVENT SHALL FLOORED NY BE LIABLE TO CUSTOMER FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, STATUTORY, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF USE, LOSS OF TIME, INCONVENIENCE, LOSS BUSINESS OPPORTUNITIES, DAMAGE TO GOODWILL OR REPUTATION, OR LOSS OF DATA, ARISING OUT OF, OR AS A RESULT OF, THE SALE, DELIVERY, SERVICING, USE OR LOSS OF THE PRODUCTS SOLD HEREUNDER, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED ON BREACH OF CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES COULD HAVE BEEN REASONABLY FORESEEN
Dispute Resolution
Any dispute, controversy or claim arising out of or related in any way to these FLOORED NY Disclaimers and/or any sale and purchase of products hereunder or any transaction contemplated hereby that cannot be amicably resolved by the parties shall be solely and finally settled by arbitration administered by the American Arbitration Association in accordance with its commercial arbitration rules. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The decision of the arbitrators shall be in writing with written findings of fact and shall be final and binding on the parties. The arbitrator shall be empowered to award monetary damages, but shall not be empowered to award incidental damages, consequential damages, indirect damages, statutory damages, special damages, exemplary damages, punitive damages or specific performance. Each party shall bear its own costs relating to the arbitration proceedings irrespective of its outcome. This section provides the sole recourse for the settlement of any disputes arising out of, in connection with, or related to a flooring installation project commenced by FLOORED NY to Customer.
The foregoing disclaimers are not intended to be exhaustive or all-inclusive. FLOORED NY reserves the right to rely on any and all disclaimers available under applicable law, whether or not such disclaimers are expressly stated herein. FLOORED NY may, in its sole discretion, modify, amend, supplement, or remove any of the foregoing disclaimers, or add new disclaimers, at any time and without prior notice to Customer. Any such changes shall become effective immediately upon posting of the modified disclaimers on FLOORED NY’s website or other method of communication used by FLOORED NY.
Your Comments and Concerns
This website is operated by FLOORED NY, LLC. All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: FLOORED NY, 71 JANE STREET, ROSLYN HEIGHTS NY 11577. info@floorednewyork.com, (516) 701 2898.
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