myFlooring.com General Terms & Conditions
Toll Free Customer Support: 833-827-7386
myFlooring.com, 3100 Jonquil Dr. SE, Smyrna GA, 30080
T&C (June 18, 2019)
means solely that legal entity identified in the Agreement as the Contractor, and none of its affiliates,
subsidiaries, parents, agents, representatives, employees, officers, managers or directors. “Service
Provider” means an independent contractor authorized by myFlooring.com, and the Service Provider’s
employees, agents, subcontractors, and any others for whom the Service Provider is responsible.
“Home” means the real property, fixtures and any physical improvements where the Services are
performed. “Agreement” means the Home Improvement Agreement between You and myFlooring.com,
plus (1) any Change Orders; (2) the State Supplement, if any; (3) these General Terms and Conditions
(“General Conditions”) and any documents referenced in or attached to any of the foregoing.
hardware and (2) any related labor and services, including without limitation, construction, consultation,
fabrication, erection, installation, inspection, maintenance, repair, and testing (collectively, “Services”),
as more particularly described in the Agreement. myFlooring.com may perform Services directly or may
arrange for Services to be performed by a Service Provider. Notwithstanding any language to the
contrary in any other portion, provision, or term of this Agreement, myFlooring.com does not provide,
authorize, or arrange for architectural, engineering or other licensed design services, nor does myFlooring.com
provide, authorize or arrange for structural changes to Your Home.
a workmanlike manner and in accordance with applicable law without causing excessive damage to Your Home,
provided, however, that myFlooring.com or Service Provider will not start or continue with any Services
upon discovery of any condition at Your Home that myFlooring.com or Service Provider deems in its sole
discretion to be hazardous or unsafe. Unless specifically contracted to do so, neither myFlooring.com nor
Service Provider is obligated to repair such pre-existing hazardous or unsafe conditions at Your Home.
or any right herein, or any monies due or to become due hereunder, and may delegate or subcontract
any obligations or Services hereunder without Your consent. This Agreement shall not be assigned by
You without first receiving myFlooring.com’s written consent, which may be denied in myFlooring.com’s sole
(“Safe Access”) to Your Home, including any means of egress or ingress, and access to any property,
buildings, or structures necessary for the staging, temporary storing and performance of the Services
(“Work Area”). Safe Access includes, without limitation, the following: (1) obtaining in advance of the
Services consent, permission, or relief from any covenants, easements, restrictions, or other legal
encumbrances affecting the Work Area; (2) providing the location of utilities, whether underground,
concealed, overhead or visible, to myFlooring.com or Service Provider; (3) removing from the Work
Area physical impediments, hazards, and building code or zoning violations that affect directly or
indirectly the Work Area; (4) removing unsafe working conditions and hazardous materials, including
environmental hazards, from the Work Area; (5) providing sanitary facilities to myFlooring.com or Service
Provider convenient to the Work Area (or, alternatively, paying for the rental costs of such facilities);
(6) providing all utilities, including without limitation, power, water, ventilation and climate control, in
and for the Work Area; (7) removing from and protecting against minors, pets, guests and visitors in
the Work Area; (8) keeping permits, if required, visible at all times; (9) disengaging, suspending or
terminating any security systems protecting the Work Area; (10) providing adequate temporary storage
space as needed for myFlooring.com’s or Service Provider’s performance of the Services; and (11) not
interfering, impeding, impacting or otherwise disrupting the Work Area at any time during myFlooring.com’s
or Service Provider’s performance of the Services.
with the Services in any way, You assume all risk for property damage and for injury to Yourself and
myFlooring.com or Service Provider to perform Services beyond the scope of the Agreement (“Change
Work”). A Change Order shall be issued by myFlooring.com or Service Provider on behalf of myFlooring.com,
which You may accept by signing. Upon Your signing of the Change Order, it shall become part of this
Agreement, subject to all of the terms of the Agreement. Change Work may also result from myFlooring.com or Service Provider encountering conditions at the Work Area that impact, impede or otherwise
interfere with the performance of the Services, requiring an increase in cost, time, or both. Following
the discovery of any conditions that impact, impede or otherwise interfere with the performance of
the Services (including, without limitation, the following: previously undisclosed or unidentified legal
encumbrances in the Work Area, building and zoning code violations, concealed and unforeseen
physical and hazardous conditions, the presence of underground or overhead utility lines, rocks, roots,
buried debris, mold, asbestos, lead paint, or any condition differing from what You represented), myFlooring.com may immediately ask for a Change Order or discontinue the Services without further obligation to
You. If You decline a Change Order request, You or myFlooring.com may terminate this Agreement as set
which myFlooring.com is NOT a party, will determine the total cost of Your purchase, including any initial
payment/deposit You may make and all interest charges and fees. You will be further subject to Your
cardholder agreement’s terms and conditions.
Supplement, myFlooring.com warrants material and quality of workmanship for the lifetime of the product to the original homeowner/customer and shall conform to the requirements of the Agreement. During the warranty period and within
a reasonable time after receiving notice from You of a warranty claim, myFlooring.com may, at its sole
option (a) correct or replace each Defect, or (b) remove each Defect and refund the full purchase price
thereof to You. Provided, however, that all warranties are voided if anyone other than myFlooring.com or
Service Provider performs work upon or otherwise modifies any materials or Services provided under
this Agreement. Installation into any rental property or space used for commercial business is warranted for a period of ninety (90) days from completion of service.
LIMITED TO THE FOREGOING EXPRESS WARRANTIES CONTAINED IN SUBPARAGRAPH A, IN
THE WARRANTY SECTION OF THE AGREEMENT, IF ANY, OR IN THE STATE SUPPLEMENT, IF
ANY. YOU ACKNOWLEDGE AND AGREE THAT NO OTHER WARRANTIES ARE MADE OR GIVEN
BY MYFLOORING.COM OR SERVICE PROVIDER, INCLUDING ANY WARRANTY FOR FITNESS OF
PURPOSE, WARRANTY OF MERCHANTABILITY, OR ANY OTHER ORAL, EXPRESS OR IMPLIED
WARRANTIES. MYFLOORING.COM'S EXPRESS WARRANTIES ARE VOIDED FOR ANY DEFECT
CAUSED BY ABUSE, MISUSE, NEGLECT, ACTS OF GOD, LACK OF PRESCRIBED OR STANDARD
MAINTENANCE, OR IMPROPER CARE/CLEANING.
DELIVERING WRITTEN NOTICE TO MYFLOORING.COM WITHIN 48 HOURS OF CONFIRMED RECIEPT OF SAMPLE CARPET Your payment(s) will be returned within ten (10) business days after myFlooring.com’s receipt of Your notice.
by either party for cause if the other party fails to correct a material breach within ten (10) days
after receiving notice from the non-breaching party identifying the breach. In the event myFlooring.com
terminates this Agreement because You fail to provide myFlooring.com or Service Provider Safe Access to
perform the Services, or if either party terminates the Agreement because You decline a Change
Order request resulting from unforeseen or hazardous conditions, then You shall pay myFlooring.com for
Services provided through the date of termination plus any costs or expenses incurred by myFlooring.com
or Service Provider as a result of the termination.
this Agreement to You for Your review and signature and/or collect Your payment(s) to myFlooring.com on
the Project is physically located.
BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THE SERVICES OR
complementary, consistent, and enforceable under applicable laws. In the event any term or condition in
the Agreement violates applicable law, such term or condition shall be severed from the Agreement, but
only to the extent necessary to avoid such violation, without invalidating any other terms and conditions
of the Agreement.
parties’ agreement, which supersedes all prior and contemporaneous offers, orders, agreements,
understandings, representations, proposals, confirmations, and negotiations between the parties,
whether oral or written. No course of dealing, usage of trade, course of performance, course of conduct,
or any other evidence of additional or different terms shall be admissible to contradict or vary any term
in the Agreement.
provided, in the discretion of myFlooring.com.
Service Order(s) via text message, You may receive multiple messages per order (including current and
future orders) via automated technology via manual or automated technology to the mobile phone number You provided. The total number
of messages received depends on the number of orders placed and order activity. Standard message
and data rates apply. Not all carriers covered. You can reply STOP to any text message to stop (You will be sent a confirmation message).
via manual or automated technology to the Email address You provided. The total number of Emails received
depends on the number of orders placed and order activity.