Terms of service

Terms of Service
_Cancellation._ If the Customer desires to cancel the Agreement, Customer must pay a cancellation fee equal to 15% of the total cost estimate above, and all ordered materials will be subject to a return/restocking fee of up to 35%. If materials cannot be returned/restocked, Customer shall be responsible for the full cost of those materials. If applicable, any balance of Customer’s deposit will be returned to the Customer in the form of a check or credited back to the credit card used to pay the deposit.

Independent Contractor. It is understood and agreed that the operations of Good Guy are those of an independent contractor and that Good Guy, its officers, employees, and contractors are not employees of the Customer. Moreover, Customer understands and agrees that Good Guy may hire sub-contractors to perform Services under this Agreement (each a “Contractor”).

Clean Up & Damages. During the removal and/or installation process dust will be created. Unless the Services include cleaning, Good Guy is not responsible for clean-up and/or costs associated with clean-up. Good Guy is not liable for damage to the interior or exterior of the house, building, or structure unless caused by direct actions or gross negligence of Good Guy, as well as the use of nonnormal or unreasonable procedures by its Contractors. This includes but is not limited to; furnishings, merchandise, flooring, light fixtures, sheetrock, texture, paint, trims and moldings, countertops, brick, siding, etc. Good Guy is not responsible for damage to hidden water lines, A/C Freon lines, electrical lines or any other hidden objects. Work Outside the Scope of Services. Replacement of deteriorated decking, framing, sheetrock, cement board, concrete or other substrate materials, unless otherwise stated in this Agreement, are not include and will be charged as an extra to Customer on a time and materials basis.

Acclimation. HVAC must be on and running for 48-72 hours with all engineered wood, laminate and vinyl products on site for acclimation prior to installation. Solid wood floors require a minimum of 5 days acclimation prior to finishing the floors.

Miscellaneous Terms. Good Guy Flooring cannot be responsible for shade variation, dye lot or calibration variances in products sold. Samples are a representation of the product and may not match the actual product being installed. In existing homes, when replacing carpet, the tack strip will be left down unless they are damaged or need to be replaced. This is at the discretion of Good Guy Flooring. Moreover, floor preparation will incur an additional charge if needed.
Timing of Services. Scheduling a specific arrival hour cannot be guaranteed. Good Guy will do its best to arrive as close to the scheduled time as possible. If you need to reschedule your installation, you must give Good Guy at least a 48-hour notice. Failure to provide adequate notice may result in an additional charge.

Warranty of Work. Good Guy will not warrant work related to faulty, incorrectly installed or defective plumbing, including but not limited to, shower drains, pipes, sinks, tubs, toilets, toilet escutcheons, pan liners and/or fixtures. Labor Warranty only covers faulty installation by Good Guy. It does not cover damage caused by outside sources, natural disasters, settlement, distortion, failure of substrates or framing or failures by other general contractors or sub-contractors not under Good Guy’s supervision. Labor warranty also excludes any damage caused by owners, tenants or anybody affecting the work of Good Guy other than employees or representatives of Good Guy. Good Guy shall revoke Labor warranty if Good Guy is not paid in full. Labor and Material Warranty are not transferable without additional cost.

Payment. Fifty percent of the Payment is due upon execution of this Agreement. Payment in full is due immediately upon completion of work specified in this Agreement. NSF and/or returned checks are subject to a $35.00 fee and payments are due immediately. Unpaid balances are subject to finance charges at a rate of 1.5% per month which is equal to an annual percentage rate of 18%. If collection becomes necessary, the customer agrees to pay all costs, expenses, and legal fees associated with the collection, with or without suit, including attorney fees and court costs.

Ownership & Liens. Customer agrees that Good Guy Flooring shall retain title to all materials used in this agreement until the total amount due under said Agreement has been paid in full, including any late fees, interest and/or extra charges or alterations to the original Agreement. Customer agrees to grant Good Guy Flooring a lien on Customer’s property as a security interest for the performance of this Agreement.

Insurance. Customer’s Insurance company must include Good Guy as an additional payee. Good Guy representatives reserve the right to negotiate price and measurements with the insurance company in the event of a loss claim. Good Guy reserves the right to file for supplemental insurance claims due to inaccurate measurements, higher priced materials and/or labor.

Severability. To the extent that any provision of this Agreement is adjudicated to be invalid or unenforceable because it is overbroad, that provision shall not be void but rather shall be limited only to the extent required by applicable law and enforced as so limited. The parties expressly acknowledge and agree that this section is reasonable in view of the parties’ respective interests.

Force Majeure. A party shall not be liable for any failure of or delay in the performance of this Agreement for the period that such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, war, strikes or labor disputes, embargoes, government orders or any other force majeure event.

Indemnification & Limitation of Liability. Each party agrees to indemnify, defend and hold harmless the other party and its Affiliates and its and their respective officers, directors, employees, agents, successors, licensees, supplier and assigns from and against any and all claims, losses, liabilities, damages, penalties, governmental inquiries, investigations and proceedings, and all claims, as well as all costs and expenses (including reasonable attorneys’ fees) related to any of the foregoing by third parties (or the government) (all of the foregoing, collectively, “Claims”) arising from the indemnifying party’s alleged breach of this Agreement. In no event shall Good Guy or its affiliates be liable for any indirect, incidental, consequential, special, punitive or exemplary damages. Good Guy’s liability under this Agreement is limited to the total amount paid by Customer hereunder. Governing Law; Venue: This Agreement shall be governed in all respects by the laws of the State of Texas without regard to any provisions thereof relating to conflict of laws among different jurisdictions. Venue for any dispute between the parties will be in the state or federal courts of Dallas County, Texas.

Arbitration. Any controversies arising out of this Agreement, including disputes arising from or concerning its interpretation, violation, invalidity, performance, or termination, shall be submitted to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Texas law in Dallas, Texas, and the judgment upon award may be entered in any court having jurisdiction thereof. I (we) the owner (s) agree to the terms herein, including paying Good Guy Flooring the total price listed for the Services described herein.