Quality Hardwood Floors

Contract for Services


  1. Payment:

 

  1. Non-Refundable Deposit. Any initial deposit of thirty percent (30%) of the total Contract Price is due at the time of signing this Contract (“Deposit”).  Upon receipt of the Deposit, Company shall schedule with Customer a time for Services to be performed.  In the event the Scope of Work requires Special Order Materials, an additional deposit (“Additional Deposit”) may be required by Company prior to scheduling performance of Services.  This Deposit and any Additional Deposit is nonrefundable and shall be forfeited in the event Customer subsequently cancels this Contract at any time for any reason.

 

  1. Final Payment. Final Payment of the total Contract Price is due upon completion of work to Company’s representative.  Any payments made thereafter shall be delivered to Company’s address within 3 days after completion of Services. Any amount owed and not paid within 30 days after due date shall bear interest at the rate of 18% per annum.

 

  1. All returned checks are subject to a $30 fee per incident. Credit card payments are subject to additional fees representing the interest of the credit card company. Credit card charge backs (customer claims the transaction was fraudulent or the Service was not satisfactory in order to force company into a credit card dispute without the resolution of an appropriate court) are considered fraudulent and will be penalized with a 20% per month until the amount was repaid.

 

 

  1. Worksite requirements and expectations for floor installation. There are several factors that need to be taken into consideration for the installation or refinishing of your floors to be successful. Additionally, You should understand what we do while working on your floors.

 

  1. Site requirements:
    1. The building should be completely closed in with outside windows and doors in place.
    2. All wet trades (drywall, paint – all surfaces at least primed, ceramic tile, etc.) should have completed their work before Company arrives—except to complete any required touch-up work following Company’s work as referenced in the ―Sand and Finish Expectations section below.
  • Concrete and drainage work should be completed before Company arrives.
  1. Air conditioning, heating and ventilation systems should be operating. The temperature and relative humidity should be at normal living conditions, that is 30% - 50% humidity between 65 and 75 degrees Fahrenheit. The wood flooring should then acclimate to conditions at the jobsite. Acclimation is the process of wood achieving equilibrium with the humidity and temperature of the air. The time for this to happen varies according to conditions on the job.
  2. Furniture, appliances and old floor coverings should be removed from rooms where wood flooring is to be installed or refinished.

 

  1. Minor damages to the drywall can occur while handling wood boards or when removing the baseboards where necessary. Company would not be responsible for fixing the drywall damages resulted from working on the floor and not higher than 10 inches from the floor.

 

  1. Company does not build or rebuild staircases. Company provides wood covering of the existing staircase structure. We do our very best to discover and correct existing imperfections on the existing staircase but we are not to be held responsible for any imperfections that may result from a faulty built staircase structure. We are only responsible for the integrity and the quality of the wood covering the existing staircase. Faulty structures may result in unleveled steps, squeaks and abnormal gaps between risers, treads and the wood sides of the existing staircase. Company may choose to caulk a few abnormal gaps but is the duty of a professional painter to caulk and paint risers and sides after the flooring work is complete.

 

  1. Wood is a natural product. No two floorboards will be identical. Variations in appearance are completely normal. As Your floor ages, some color change will occur, especially with exotic woods. This photosensitivity is normal, but can be minimized by limiting exposure to direct sunlight and periodically moving furniture and rugs. Wood is a hygroscopic material. This means when wood is exposed to air it will dry out or pick up moisture until it is in equilibrium with the humidity and temperature of the air. Cracks are normal as well, and will appear and disappear between floor boards during seasons of high and low humidity. We recommend a constant 30% - 50% humidity level year round to minimize floor movement. Neglecting the suggested humidity levels will result in voiding the wood and work warranty.

 

  1. Sand & Finish Expectations.

 

  1. There will be noise, dust and some fumes during the sanding and finishing process. Dustless systems can minimize debris, but no system is 100% effective.

 

  1. We will seal off the work area and protect finished surfaces as needed except for baseboards as explained in number 7 below.

 

  1. It is Your responsibility to keep pets and kids away from the work area, and Company is not responsible for any such injury or anything related. See Use Of Chemicals below.

 

  1. Company will show you samples of stains right on the floor before the floor is completely sanded. The stain will be verbally approved by the owner and once applied there is no manner or procedure of changing it unless the floor is sanded and restained at an additional cost. Company is not responsible for color changes once the stain has been selected by Customer.

 

  1. Company does not match stains and does not guarantee a 100% match between the new floor and any existing stained wood. Company will use its skills and knowledge consistent with industry standards to find the best matching stain but the ultimate decision is made only by the Customer.

 

  1. There shall be no traffic on the floor other than the flooring crew during the entire process of refinishing from start until the last coat of finish has dried. Any damage to the floor or finish resulting from disregarding this process shall be considered permanent or it may be corrected at additional cost to Customer.

 

  1. When the work is completed, Customer is expected to hire a professional painter, at Customer’s own expense, to paint or touch up paint on baseboards, trims, door jambs, risers, stringers, spindles, posts or any other painted trim connected to the floor. As much as we try to avoid affecting the baseboards and door trims during our work, minor damage to the baseboards and door trim is expected and inevitable, and You should be prepared to hire a professional painter at Your own expense to cure such damage. We recommend painters not use masking tape or other such covering on the floor for at least 2 weeks while the floor is curing.

 

  1. After the finish has dried, Company recommends putting felt pads on the bottoms of any furniture to minimize scratches and dents. Place scatter rugs at all entrances, avoiding those with rubber backs, which can discolor Your floor.

 

  1. Company is not responsible for moving and reconnecting appliances. A licensed plumber or electrician should be hired to reconnect any appliance or electric device.

 

  1. The finish will dry in generally 12 - 24 hours, or as otherwise provided in the finish product data sheet, depending on the conditions. Air circulation and heat may speed up the process. Do not attempt to walk on the floor in less than 5 hours before touching the floor by hand and make sure it is dry. Raised humidity and cold weather may slow the drying process.

 

  1. Do not put down area rugs until the finish has cured which is about 3 days for water base and 1.5 - 2 weeks for oil base.

 

 

  1. Use of Chemicals: Customer is hereby advised that a potential health risk may occur as a result of the application of cleaning agents, dust particles resulting from sanding, oil and water base finishes or any other chemical (collectively, “Chemicals”), used in the Services listed on the Contract or verbally specified by a Company representative. The Customer acknowledges reading a copy of the Material Safety Data Sheets (written by the manufacturers) of Chemicals used in performing the services. Upon the specific written request of the Customer, Company can provide all the information necessary. Customer further represents that he\she accepts any and all risk regarding Chemicals, or similar materials, set forth herein. Customer hereby releases and forever discharges Company and its agents, principals, owners, shareholders, directors, managers and employees from any and all claims as to injuries damages and health problems of any nature, whether known or unknown, suffered as a result of the application of Chemicals or similar materials.

 

  1. Incorrect Expectations. The following is a list of informational expectations that the Customer should NOT expect:

 

  1. A Table Top Finish – Each piece of wood sands differently depending on the grain and milling, making it virtually impossible for a completely flat finish.

 

  1. Dust Particle-Free Finish – It is not possible to achieve a clean room environment and some dust and fibers can be expected to fall on the freshly finished floor before it can dry completely. Minor imperfections in the finish will disappear generally within the first 60 - 90 days of living on the floor.

 

  1. A Monochromatic Floor – Wood as a natural product varies from piece to piece. It is milled form a tree and will have grain and color variations consistent with the grade and species of hardwood selected.

 

  1. A Floor That Will Not Scratch or Dent - Hardwood flooring can be dented by something as common as women's high-heeled shoes, a pet's claws, a cell phone, a baby toy etc. Varying species of hardwood foreign and domestic have different densities and will show damage less than others. Be sure to visit with one of our hardwood flooring professionals to discuss which species of hardwood would best fit Your lifestyle.

 

  1. Inspecting Your Floor in accordance with NWFA National Wood Flooring Association. Floors should be inspected from a standing position with shoes on under medium, natural lighting. Inspecting floors laying down, using canned lights, flashlights, magnifying glass or with glare from windows is not an acceptable method. When floors are site finished by hand, they may contain a slight amount of particulate such as hair, sanding marks and finish marks. This occurs as part of being a hand-built product in an open environment. We work very hard to minimize any imperfections. It is important for our clients to understand that allowances are made both by the NWFA (National Wood Flooring Association) and the manufacturers of the finishes and to have reasonable expectations for a finished floor. Industry standards allow for a very small amount of sanding marks, buffer swirl marks and applicator marks. We take great care to smooth and level to the degree possible whatever imperfections may appear on the floor, but it’s important to us to maintain the structural integrity of the floor. Handcrafted work of any kind should and will show unique signs that it is handcrafted. Some permanent marks like deep water stains, urine may not come off when floor is refinished. Upon request and with additional charges we can replace the damaged boards and further proceed with the refinishing process.

 

  1. Maintaining Your floors. Please see below for Company’s suggestions on maintaining Your floors:

 

  1. Do not use sheet vinyl or tile floor care products on wood floors. Self-polishing acrylic waxes cause wood to become slippery and appear dull quickly.

 

  1. Use throw rugs both inside and outside doorways to help prevent grit, dirt and other debris from being tracked onto Your wood floors. This will prevent scratching.

 

  1. Do not wet-mop a wood floor. Standing water can dull the finish, damage the wood and leave a discoloring residue.

 

  1. Wipe up spills immediately with a slightly dampened towel.

 

  1. Put fabric-faced felts under the legs of furniture to prevent scuffing and scratching.

 

  1. Avoid walking on Your wood floors with cleats, sports shoes and high heels.

 

  1. When moving heavy furniture, do not slide it on wood flooring. It is best to pick up the furniture completely to protect the wood flooring.

 

  1. For wood flooring in the kitchen, place an area rug in front of the kitchen sink, dishwasher and stove.

 

  1. Don't walk across Your floor in muddy boots, stiletto heels, cleats or shoes with any abrasive objects stuck to the bottom of them as this may cause surface damage to the finish and the plank flooring itself.

 

  1. Never allow standing water on Your hardwood for any length of time. Clean up any spills immediately, house plants should have something between their pots and the flooring material.

 

  1. Do not play with Your dog on Your floor. Animals have a hard time gaining traction on a finished wood surface resulting in scratches and compression marks in the wood itself.

 

  1. Use a humidifier throughout the winter months to keep wood movement and shrinkage to a minimum.

 

  1. Completion Certificates.

 

  1. Upon Completion of the Services, Customer agrees to inspect the Services immediately and notify Company’s crew of any complaints before they leave. The parties agree that the Services will be deemed to be fully acceptable unless notice of any defect in materials or workmanship is received by Company in writing within 3 days of completion of Services.  Once furniture is moved back to the serviced area, the work shall be deemed acceptable, and the 3-day notice period shall no longer apply.

 

  1. Touch Ups: Subject to the limitations set forth in Paragraphs No. 2 and 5, for any issue mentioned within 3 days after completion and prior to furniture being moved back to the serviced area, Company will send out a crew to fix it. The touch up will be scheduled in a timely manner based on the current schedule and availability. The Company is not responsible for any fees or charges the Customer may be submitted to as a result of the delayed finishing time, including but in no way limited to accommodation fees, moving fees.

 

  1. Photos / Marketing: Company is hereby provided the right to take pictures and videos of Company’s work at the subject Services Address, including before and after photos, for marketing and promotional purposes.  Customers agrees to permit Company to use yard sign, for up to a period of 30 days, at Customer’s Service address for purposes of marketing / advertising. 

 

  1.  

 

  1. Company shall not be liable for any damages caused by delay in rendering performance hereunder arising from any cause beyond the reasonable control of Company, or as a result of strikes, or third party work stoppage, supply shortages, lack of electricity, impossibility of performance, etc.

 

  1. IN NO EVENT SHALL COMPANY BE LIABLE TO THE CUSTOMER FOR EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST REVENUE AND/OR PROFITS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. IN NO EVENT SHALL COMPANY BE LIABLE FOR DAMAGES IN AN AMOUNT IN EXCESS OF THE TOTAL AMOUNTS PAID AND PAYABLE UNDER THIS CONTRACT FOR THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

 

  1. No Other Agreements or Representations. This Contract and any attachments hereto constitute the complete and exclusive statement of the agreement between the parties with respect to the subject matter hereof and shall supersede all proposals, prior agreements and representations, oral or written, and all communications between the parties relating to the subject matter hereof. No representative of the Company has the authority to make representations, guarantees, agreements or other promises other than an instrument in writing executed by the duly authorized officer of Company.

 

  1. Dispute Resolution: Customer agrees to notify Company within three days after completion of the work of all complaints in writing, and allow Company to inspect and/or correct any deficiencies in the Services. Customer and Company agree that all disputes, controversies or claims regarding the inadequacy of Services between Customer and Company arising from or relating to this Contract, and/or the Services to be provided by Company shall be submitted to binding arbitration through the American Arbitration Association (“AAA”) through AAA’s procedures. The arbitration award in any such proceeding shall be final and binding upon both parties, and either party may apply to an appropriate court to enforce such award, if necessary. By agreeing to this provision, the Parties understand they are waiving the right to a jury trial. Company’s image shall not be compromised in any way using defamatory reviews online on any website or otherwise made publicly. This Contract shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without giving effect to its conflict of law provisions.

 

  1. Cost: Should Company be required to bring an action to enforce the terms hereof or declare rights hereunder, Company shall be entitled to recover from Customer all costs and reasonable attorney’s fees required in asserting its rights under this Contract in any action, arbitration, trial or appeal.

 

  1. Enforceability: If any provision of this Contract is deemed invalid, unenforceable or illegal, the entire Contract shall remain in full force and effect and the Arbitrator shall modify the invalid, unenforceable or illegal provision of this Contract to the least possible extent as to not change or alter its original meaning. The invalidity or unenforceability of any provision of this Contract shall not affect any other provision.

 

Customer has read, understands and agrees to the above provisions of this Contract.  This Contract will become effective when Customer returns a signed copy of this Contract or, in the event Customer fails to return a signed copy, within seven (7) calendar days upon Customer’s Deposit payment under this Contract. 

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Signed by Kenneth Varnes
Signed On: February 17, 2023


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Document name: Contract for Services
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