Terms & Conditions

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)

 

  1. DEFINITIONS: “You”/“Your” means the customer identified in the Agreement. “myFlooring.com”

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.

  1. SCOPE: The Agreement is for (1) the delivery and furnishing of goods, equipment, materials, and

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.

  1. myFlooring.com’s RESPONSIBILITIES: myFlooring.com or Service Provider will complete the Services in

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.

  1. ASSIGNMENT/SUBCONTRACTING: myFlooring.com and Service Provider may assign this Agreement,

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

discretion.

  1. YOUR RESPONSIBILITIES:
  2. Payment: You agree to pay myFlooring.com in full for the Services pursuant to the terms of this

Agreement.

  1. Safe Access: You agree to provide myFlooring.com and Service Provider safe and complete access

(“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.

  1. Services are to be performed by myFlooring.com or Service Provider. If You attempt to perform or assist

with the Services in any way, You assume all risk for property damage and for injury to Yourself and

others.

  1. MODIFICATIONS AND CHANGE ORDERS: Without invalidating this Agreement, You may authorize

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

forth below.

  1. CREDIT CARD TRANSACTIONS: If payment is made by credit card, Your cardholder agreement, to

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.

  1. TITLE AND RISK OF LOSS: The title to and risk of loss for any materials or goods provided to You that originate from myFlooring.com or Service Provider shall pass to You upon completion of the Services.
  2. LIMITED LIFETIME WARRANTY:
  3. Warranty: Unless otherwise stated in the Warranty section of the Agreement or in the State

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.

  1. Limitation on Warranties: THE WARRANTIES PROVIDED IN THIS AGREEMENT ARE STRICTLY

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.

  1. RIGHT OF CANCELLATION: YOU MAY CANCEL THIS AGREEMENT WITHOUT PENALTY BY

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.

  1. TERMINATION: This Agreement may be terminated by myFlooring.com for its convenience, and

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.

  1. PAYMENT: You will not pay anything to a third party Service Provider, although Service Provider may present

this Agreement to You for Your review and signature and/or collect Your payment(s) to myFlooring.com on

myFlooring.com’s behalf.

  1. CLAIMS, DISPUTE RESOLUTION, CHOICE OF FORUM AND CHOICE OF LAW:
  2. This Agreement shall be governed by and interpreted in accordance with the laws of the State where

the Project is physically located.

  1. JURY WAIVER: YOU AND MYFLOORING.COM IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL

BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THE SERVICES OR

THIS AGREEMENT.

  1. SEVERABILITY: The parties intend for the terms and conditions in the Agreement to be

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.

  1. ENTIRE AGREEMENT: This Agreement is the final, integrated, and exclusive expression of the

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.

  1. RETURNS: Special order merchandise may be returned, prior to installation, and a refund for all or part of the purchase price

provided, in the discretion of myFlooring.com.

  1. AGREEMENT/SERVICE ORDER COMMUNICATION PREFERENCES:
  2. Text Message Communications:If You signed up to receive updates about Your Agreement/

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).

  1. Email Communications:A valid email address is required as important information pertaining to your installation is communicated through electronic means. You may receive multiple Emails per order (including current and future orders)

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.

  1. QUESTIONS?You may call or text myFlooring.com Customer Service Department at 833-827-7386 with any questions or concerns. Customer Support hours are Monday-Friday (except holidays) 9am-6pm Pacific Time.