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   REFERRAL TERMS AND CONDITIONS

WHEREAS Buyer has purchased flooring materials from Seller and desires the installation of said materials, it is mutually agreed that by the acceptance of this agreement Buyer authorizes Seller to refer an Independent Flooring Installer to the Buyer to complete the installation and to issue to said Installer an Informational Work Order with specifications based upon installation information supplied by buyer. Buyer shall have the sole and exclusive right to accept or reject said Installer. It is understood that Seller will not install or subcontract installation of said materials. Buyer acknowledges no employer-employee relationship exists between Seller and said Installer, the Installer is not an agent of the Seller and that the Installer shall be a contractor employed by the Buyer. All work by said Installer will be completed according to the below terms and conditions and to manufacturer' s specifications in a workmanlike manner according to standard industry practices.

ADD-ON CHARGES: Buyer understands the total installation labor charge is NOT a firm bid; but, is an estimate of the work to be completed by the Installer based on information supplied by Buyer. Charges for additional, less or different work performed by Installer shall adjust said total labor charge to reflect the cost of work actually performed and additional work will be designated as add-on charges. Any add-on charge shall be authorized in writing by Buyer in advance of the work to be performed. Installer will not charge Buyer for add-on work at a price greater than the price shown on Sellers current rate sheet of Independent Installer Standard Labor Charges.

CONDITIONS: Buyer shall have the installation site clear of all existing floor covering materials, furniture, fixtures, appliances and other obstacles when and where the merchandise purchased is to be installed unless a cost to have Installer perform said service is specifically included in the installation labor charges. Installers performing appliance moving services will reconnect water lines, but will not be held responsible should leaks occur or for the operation of the appliance. Any gas appliance with a shutoff valve can be disconnected and moved/replaced but Installer's are prohibited from reconnecting gas lines.

MOLDINGS: Metal, wood or laminate moldings, stair nosing, flooring edge guards and their installation are an additional cost and not included unless specifically included in this agreement. Existing wood shoe moldings (quarter round) will be removed/replaced during a hard surface installation but installers cannot be held responsible for breakage. Installers will not remove baseboard. Buyer must remove/replace any baseboard if Buyer prefers to have the flooring edge set underneath. If hard surface flooring is finished flush to baseboard it is Buyer's responsibility to install shoe molding or other edge covers. The abrasive backing on carpet can cause scratching or scraping of baseboard finish during an installation. Buyer must remove/replace any baseboard if Buyer prefers to be assured no damage to finish will occur. Installations involving any hard surface flooring including wood or laminate flooring does NOT include any type of custom trim work or materials.

STEPS: Installation of floor covering material on steps and platforms is an additional cost and is not included unless said service is specifically included in the installation labor charges. If the actual design or number of steps varies from the installation information, Buyer agrees that the per step charge will be adjusted to reflect the correct cost of upholstery labor for that type of step or platform and that the Buyer shall be responsible for payment of any additional add-on charges.

UNDERLAYMENT PREPARATION: Hard surface flooring (inlaid, sheet vinyl, tile, etc.) MUST be installed over a solid, smooth surface. Buyer agrees to have underlayment properly installed, finished and completely ready for materials installation according to manufacturer's specifications for said materials. Seller and Installer shall not be held responsible for any problems that arise due to Buyer's underlayment or its installation. Any underlayment installation, patching, filling of cracks, floating, leveling, sanding, sealing, materials or any other type of preparation is an additional cost and is not included unless said service is specifically included in the installation labor charges. If underlayment preparation services have been included in the labor charges and Subcontractor determines actual work required to meet manufacturer's specifications will vary from that specified as the underlayment work to be performed, which was based on information supplied by Buyer; then, Buyer agrees to be responsible for payment of any additional add-on charges. Installer will credit Buyer's labor charges if the cost of the required work is less.

UNSUITABLE SUB-FLOORING: If, upon inspection by Installer, Buyer's floor joists, floor decking, sub-floor or concrete surface is found to have visible or hidden damage, is inadequate or otherwise determined to be unsuitable, for any reason, to properly support underlayment or flooring materials purchased, Buyer shall solely be responsible to have said area upgraded to acceptable industry standards before installation proceeds.

OTHER SERVICES: No installation services other than those which are specifically listed are included in the total labor charge. If the Installer is required to do additional work that the Buyer had previously agreed to do, the Buyer will be responsible for payment of said additional Add-on charges.

DOOR REMOVAL: Installer may have to remove doors to facilitate proper installation of the flooring materials and will rehang doors, if possible. It shall be Buyer's responsibility to cut or trim doors and to rehang doors after re-sizing.

PATTERN MATCH & SEAMS: Buyer understands exact pattern match of seamed flooring containing any type of visual graphic or pattern is not possible and any mismatch can become greater as length of seam increases. Any such pattern mismatch shall not be considered a defect in materials or workmanship; however, manufacturer's tolerances and standards shall apply. Buyer understands there are NO invisible seams, that some flooring shows seaming more than others and that visible seams are not considered defects in materials or workmanship

CLEAN-UP: All waste materials will be bagged and left on the installation site. Installers will not dispose of old flooring materials and are prohibited from placing waste materials upon public property.

DELAYS: Seller is not responsible for Installers unavoidable delays or failures in delivery of Installation caused by strikes or other causes beyond Sellers control and Seller is not responsible for any consequential or incidental damages, for any reason, within or beyond Sellers control.

GUARANTEE: Should Buyer require service to correct an improper installation, which has not been necessitated by abuse or improper cleaning, Installer will provide the service at no charge for a period of one year from date of original installation. The guarantee period on equipment or fixtures furnished by Installer shall not exceed one year from the date on which such equipment or fixtures are put into use by the Installer.

INSURANCE: Installer certifies he has General Liability coverage against damage to Buyer's real and personal property. Buyer indemnifies and holds Seller harmless from any damage to Buyer's real and/or personal property incurred as a result of Installers installation. Seller is not responsible for any consequential or incidental damages to Buyer's real or personal property, for any reason, within or beyond Seller's control. Claims of any damage caused by Installer shall be made by Buyer in writing directly to Installer. Buyer agrees not to withhold any amount of any COD balance due payment or any other payment due Seller because of damages claimed by Buyer against Installer and to seek recovery of all damages thru Installer.

PRESENCE DURING INSTALLATION: Buyer or his agent shall inspect flooring material prior to installation for correct quality and color, shall be present during the period of time an Installer is installing flooring material and shall be readily available to inspect and accept completed installation.

COMPLETION CERTIFICATE: Upon completion of materials installation by Installer, Buyer or his agent agrees to inspect the installation site for any workmanship defects and to bring any such defects to installers attention for remedy. If no defects exist and the installation is deemed satisfactorily completed, Buyer or his agent shall so indicate to Installer by signing Certification of Completion. Buyer or his agent agrees not to sign said certificate prior to installation completion.

FINAL PAYMENT: Buyer understands Seller has authorized Installer to accept and convey to Seller, Buyer's final materials payment due COD, if any. Buyer shall pay installer direct and in full for all authorized installation services upon completion. Buyer agrees not to pay Installer prior to installation completion.