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SERVICE AGREEMENT

 

This Service Agreement constitutes the entire agreement between Greenbelt Holdings LLC dba All In One Flooring America and the Customer for the “Project” set forth in Customer’s corresponding “Proposal/Invoice”. As such, the Customer’s acceptance of the Proposal/Invoice via email, deposit, or by signing below binds the Customer to this Agreement and hereby agrees to engage All In One Flooring America to complete the Project. Both parties agree to be bound to the terms and conditions as follows:

 

  1. Payments: Unless otherwise agreed upon, a minimum down payment of 75% of the invoice total is due at the time of ordering and/or scheduling the Project. The remaining balance of the invoice total is due immediately upon completion of the installation (“Billed Date”). All In One Flooring America will work with the manufacturer regarding any warranty claims only after the balance has been paid in full.

 

  1. Arrival Time: All In One Flooring America agrees to professionally complete the installation on schedule. However, the date or time may need to be changed due to circumstances beyond our control, such as, but not limited to, weather, production delays, shipping delays, fires, accidents, strikes, lock-outs, and governmental acts. The Customer agrees that All In One Flooring America is not responsible for delays or failures in delivery or installation caused by reasons beyond All In One’s control. All In One is not responsible for any consequential damages or costs arising from the occurrence of any event as described in this paragraph.

 

  1. Material Storage: All In One Flooring America agrees to warehouse or store ordered materials for up to 45 days prior to specified and/or scheduled pickup or installation. After 45 days, a charge of $20/day for each pallet/item will be added to the invoice. If, after 90 days from the time of delivery to All In One Flooring America, the ordered items have not been picked up and paid for by the customer, the customer forfeits all rights to the items, and they will be incorporated into All In One Flooring America’s sellable inventory.

 

  1. Rescheduling: If the customer needs to reschedule an installation date, the customer must notify All In One Flooring America at least two days before the scheduled installation. If the job site is not ready for installation on the day agreed upon, a $250 fee will be assessed to compensate the installer for lost time & labor.

 

  1. Job Site: The job site must be free from all other contractors and debris. All necessary work required before flooring installation must be completed by the customer prior to the arrival time. All In One Flooring America is not responsible for any inconvenience as a result of rescheduling to accommodate these requirements, nor will they be held responsible for any material damages incurred if the customer chooses to proceed with the installation if other subcontracted work is performed during or post-installation.

 

  1. Climate Control: All flooring projects require electricity, lighting, and HVAC to be in working condition prior to the installation date. The temperature must be a minimum of 65 degrees for at least 48 hours prior to and must be maintained after the installation is completed. A humidifier installed with your HVAC system is required to stay within spec/warranty for all hardwood installations and must be installed prior to installation. You will need to check the manufacturer’s requirements, but as a general guideline, relative humidity should be kept between 30-50%. If a whole-home humidifier is not installed with the HVAC, the customer agrees that All In One Flooring America is absolved of all warranty claims regarding hardwood (engineered/solid) flooring.

 

  1. Subfloor & Structural Issues: Many subfloor and structural issues are not known until old flooring is removed. If this results in additional costs or work to be performed, All In One Flooring America will stop the installation and discuss remedies and additional costs with the customer. A change order must be authorized between the customer and All In One Flooring America via written consent, email, or text prior to moving forward with the installation. Existing subfloor and substrates not installed by All In One Flooring America may result in voided installation and manufacturer warranties. The customer agrees to assume all risks associated with deflection or unapproved subfloor/substrate if they are out of the approved spec/guidelines per the manufacturer guidelines. All In One Flooring America is not liable for framing that is not square, which can result in flooring appearing as if it is not installed straight.

 

  1. Asbestos: The removal of old vinyl products may contain asbestos and legally requires the use of a licensed asbestos removal contractor. All In One Flooring America is not licensed to remove asbestos products.

 

  1. Entire Agreement and Work Order Changes: This agreement constitutes the entire agreement between the parties relating to the subject matter. All prior negotiations and understandings are merged into this agreement. Any changes, modifications, or additions to the project must be made in writing, agreed upon, and signed by both parties.

 

  1. Painting: All interior painting must be completed a minimum of 48 hours prior to the installer's arrival. Be prepared to do “touch ups.” Occasionally during installation, there are scuffing or chipping of painted surfaces such as moldings, walls, baseboards, etc. Paint touch-up is normal after carpet installation and is the responsibility of the customer. The customer agrees that All In One Flooring America cannot be held responsible for any consequential damages or costs arising from the occurrence of any event as described in this paragraph.

 

  1. Doors: Doors should be removed prior to the installation. After new flooring is installed, it may be necessary to trim the bottom of doors to accommodate the change in flooring height. If this is the case, it is the responsibility of the customer to make the necessary arrangements to have their doors trimmed to the correct height. All In One Flooring America is not responsible for trimming the customer's doors.

 

  1. Baseboards & Trims: If necessary for the type of flooring being installed, all moldings and baseboards should be removed prior to installation. If All In One Flooring America has been contracted to remove/replace baseboards and moldings, the customer agrees that All In One Flooring America is not responsible for broken/damaged trim during the removal process. If new trim is being installed per our agreement, the customer agrees that All In One Flooring America is not responsible for painting, filling nail holes, caulking, or liable for getting trim ready for finish work. The customer agrees that All In One Flooring America is only responsible for the installation or removal of trim.

 

  1. Furniture: Rooms should be emptied before the installer's arrival. All In One Flooring America is not responsible for moving furniture or other household items. All In One Flooring America is not responsible for damage to cable, satellite, internet, or phone wires/cables, whether they are hidden or visible.

 

  1. Wall & Window Hangings: Pictures, wall hangings (especially those at lower heights), and floor-length draperies may interfere with the installer’s movements and the installation. Please remove draperies or tie them back at least 36” above the floor. All In One Flooring America is not responsible for any damage to wall or window hangings.

 

  1. Closets: Closets and storage areas need to be cleared, and low-hanging clothing needs to be at least 36” above the floor.

 

  1. Appliances: Plumbing, gas, electrical features, and appliances must be turned off and/or removed before the installer arrives (i.e., toilets, stoves, refrigerators, dishwashers, washers & dryers, etc.).

 

  1. Seams & Shading: Our seams are constructed according to industry standards. They are seams from the bottom with backing touching. Seam visibility can vary depending upon carpet styles, textures, fiber type, and construction. Visible seams are not defects in your carpet. Various carpet styles may show footprints or shading due to nap directions. This is normal and is not considered a defect. Carpet can also shed after installation; most shedding will gradually disappear within the first year after installation.

 

  1. Inspection: Inspect the installation upon completion and bring any concerns immediately to the attention of the installer. All In One Flooring America will not be held liable for issues not mentioned during the inspection and/or directly related to the flooring. All In One Flooring America is not liable for any damage unless notified while the installers are still on the premises. In the event the customer is not available/on-site when the installation is complete, the customer will have 24 hours to inspect and report any problems to All In One Flooring America. Once the final amount owed is paid, this constitutes the Customer's entire acceptance of the work performed. By providing final payment, the Customer waives any right to bring a claim based on faulty workmanship or any issues related to the installation.

 

  1. Warranty and Conditions: All In One Flooring America provides a limited warranty on workmanship for a period of one (1) year from the date of completion. This warranty is contingent upon the following conditions:

 

    1. Access for Maintenance: The warranty will be voided if the customer fails to provide All In One Flooring America with reasonable access to perform steam cleaning or other maintenance as necessary to uphold the warranty.

 

    1. Use of Existing Padding: The warranty is void if the customer uses existing padding or subflooring that was not provided or approved by All In One Flooring America. All In One Flooring America is not responsible for any issues arising from the use of such padding or subflooring.

 

    1. Third-Party Repairs: Any repairs or modifications performed by a third party, not authorized or conducted by All In One Flooring America, will void the warranty. This includes any attempt to fix, alter, or otherwise address issues with the installation or materials.

 

    1. General Exclusions: The warranty does not cover damage or issues arising from misuse, neglect, accidents, or any conditions not related to the original workmanship or materials provided by All In One Flooring America. The warranty is also void if the customer fails to follow manufacturer guidelines or recommendations for care and maintenance.

 

    1. Manufacturer’s Warranties: Product warranties, if any, are provided solely by the manufacturer and are separate from this workmanship warranty. All In One Flooring America is not responsible for product performance or defects covered under the manufacturer's warranty.

 

    1. Warranty Activation: All warranties are not active until the balance is paid in full. Any deviation from these conditions will result in the warranty being rendered void.

 

  1. Cancellation: Either party may cancel this agreement with five (5) days’ written notice. If the customer cancels the project after materials have been ordered or work has begun, the customer will be responsible for all costs incurred up to the date of cancellation.

 

  1. Dispute Resolution: In the event of a dispute, the customer and All In One Flooring America agree to attempt mediation before pursuing any legal action. If mediation fails, any disputes requiring court action must be filed and conducted in the First District Court located in Cache County, Utah. This agreement shall be governed by and construed in accordance with the laws of the State of Utah, without regard to its conflict of law principles.

 

  1. Acknowledgment: By providing written confirmation of acceptance via email or other communication, the customer acknowledges that they have read and understood the terms of this Estimate/Bid and agree to be bound by them.

 

  1. Collections Costs & Attorney Fees: If collection efforts are necessary, the Customer agrees to reimburse All In One Flooring America for all collection costs, including attorney fees. Interest on unpaid balances accrues at 18% annually, starting 14 days after the invoice date.

 

  1. Price Increases/Decreases: Due to volatility in material costs, prices are guaranteed only on the day the proposal is provided. Any changes to material costs imposed after that date will be passed on to the Customer.

 

  1. Integration of Terms and Conditions: The terms and conditions set forth in the invoice and this Service Agreement are incorporated into each other. To the extent that any clause or provision is not expressly included in one or the other, this clause confirms that the terms are integrated and applicable to both documents. Any inconsistency between the documents shall be resolved by ensuring that the most comprehensive and favorable terms for All In One Flooring America are applied.

 

In WITNESS WHEREOF, the Parties have executed this Agreement as of the execution date of the corresponding invoice between Customer and All In One Flooring America.