a. “TF4U” means, collectively, The Floor 4U.com, LLC and each of its owners, subsidiaries, affiliates, partners, officers, employees, contractors and subcontractors, vendors, fulfillment and carrier partners, insurers, successors, agents, assignees, or trustee in bankruptcy.
b. “Flooring and/or Cabinetry Materials” means products sold by TF4U to you. “Installation” means installation of flooring and/or cabinetry materials sold by TF4U to you.
c. “Sales Invoice” means the receipt for your purchase of Flooring and/or Cabinetry Materials and/or Installation from TF4U that describes, among other things, the price and type of Flooring and/or Cabinetry Materials and/or Installation purchased.
d. “You” or “your” means the individual who initiates, facilitates, or completes the transaction for the purchase of Flooring and/or Cabinetry Materials and/or Installation, and anyone acting on her/his behalf.
2. Payment Types.
a. Payments may be made in person or over the phone with a check, credit card, cash, Zelle, or for approved buyers – financing with Wells Fargo or Synchrony.
b. Effective 11.22.2021 all credit and debit card payments will incur a 3.5% fee that is automatically added to any credit or debit cards processed.
3. Payment Due Dates.
a. Material & Installation. When material and installation are purchased together, a deposit of 50% is made. Once the deposit is made materials are ordered. The remaining balance should be paid the same day in which the project has been completed. You can call your TF4U salesman, the TF4U office, or stop into the showroom to make the final payment.
i. Payments not paid in full when the project has been completed, will be charged a finance charge of the unpaid balance starting seven days after the completion of the project. The charge will be calculated at a rate of 18% per day, or such a lesser rate as is established as the highest legal rate by state law. This charge will be repeated at the end of every month at the same rate until the unpaid balance has been paid. If the project has not paid in full within 30 days of its due date, and this account is turned over to an attorney for collection, then buyer agrees to pay all the costs of collection, including reasonable attorney’s fees, that TF4U may incur in the collection of the balance, including interest due.
b. Material Only Orders. When just materials are purchased, entire payment is due in full to place the order.
a. All deposits are nonrefundable, provided, however, that except for special orders, TF4U, at its option, may refund all or a portion of that deposit, less $50.00 for processing.
b. Discontinued flooring is not eligible for a refund.
c. Transitions, such as t-molding, reducers, baby thresholds, stair noses, etc., are not eligible for a refund.
d. Cabinets are semi-custom and therefore are not eligible for a refund.
e. If a return is accepted by TF4U, any refund due will be issued via the payment method used for the purchase within 14 days after TF4U’s receipt of the returned materials and/or installation and determination that it is eligible for return or exchange.
5. Re-stocking Fee.
a. Where applicable, a fixed fee or percentage of the total price of the flooring materials, excluding any shipping costs and sales tax, will be charged by TF4U as a re-stocking fee. For more information, contact TF4U before you complete your purchase.
i. Flooring materials are 35% restocking fee, plus freight, per the manufactures.
ii. Vent materials are $10 restocking fee, plus freight, per the manufacturer.
a. If you do not pick up the merchandise or allow the installation of the merchandise, as the case may be within three months after the date of purchase, then TF4U, at its option, may cancel this project, retain the deposit, and dispose of the merchandise as it deems proper.
a. Approved buyers may qualify for financing through Wells Fargo or Synchrony Bank. Financing is between the financial institutions and you. TF4U is not responsible for issues that occur with financing in regard to approval, interest, payments, etc. You are responsible for all of the obligations pursuant to the project.
8. Claims & Inspection.
a. Material Only Orders: You are responsible for inspecting the materials for any visible damage or defects prior to installation. You must notify TF4U of all claimed damage or defects within 10 days of your receipt.
b. For Materials Installed by TF4U: You are responsible for inspecting the materials installed before the installers leave the site.
i. If you fail to inspect or notify TF4U installers before they leave the residence or commercial space, you will be deemed to have accepted the materials and installation and have waived any claims for issues.
ii. Flooring is not scratch proof and any scratches incurred by you due to moving own furniture, dropping items on the flooring, etc., is not covered under the manufactures warranty. TF4U may be able to remove and replace planks due to damage after installation, for an additional charge and/or trip charge.
c. Any manufacture defects are subject to the acceptance by the manufacture and are not controlled by TF4U.
9. Installation or Delivery Dates.
a. TF4U makes every effort to ensure that your project is delivered and/or installed on time. You understand that if a manufacture delays shipment of materials, shipping company causes a delay in delivery, inclement weather, or installer related emergencies, may result in the delay of your project. TF4U will make every effort to reschedule the time and date at the earliest moment possible and within a reasonable timeframe. TF4U is not responsible for any consequential or incidental damages for any reason within or beyond TF4U’s control.
10. Delivery of Materials.
a. Materials may need to be delivered days before the installation date. Material generally is never left in garages, but near the areas of installation. We do our best to keep the materials out of your way until the installation date.
11. Floor / Cabinetry Preparation
a. All personal items, electronics, breakable items, must be cleared from the area of installation.
b. If you are doing the floor preparation, please note:
i. Carpet removal includes removal of carpeting, pad, tack strips, and staples.
ii. Laminate, Tile, or Wood removal includes removal of all materials, underlayment, mortar, glue, etc.
c. If we are removing several layers of flooring, we cannot always tell what was installed previously. TF4U installers will do its best at relaying this information to the customer and any charges associated with these unseen circumstances.
d. If vinyl plank is being installed by TF4U and installed on concrete, it may incur a charge to level the flooring. Flooring must be installed within the manufactures specifications to be covered under warranty.
e. Floating or leveling a floor is done sometimes to make sure that vinyl plank flooring is within the manufactures recommendations. The flooring is not completely 100% level, as it needs to be within the manufactures recommendations. There may also be additional material that is needed that cannot be determined until the process starts. It will be discussed with the customer if needed.
f. Harwood refinishes, tile demo, and some flooring removal will create a great deal of dust. Due to us going up to cabinets or other rooms, this will unavoidably cause dust. If there are personal items or furniture that you do not want to get dust on, we recommend you removing from the area or covering well to prevent dust from accumulating. We are not responsible for costs incurred to hire cleaning services.
g. Tile or laminate removal may result in slight damage to cabinets. While our crew will do their best to avoid damages, some small amounts may incur.
12. Door Removals.
a. TF4U may have to remove doors in order to properly install the merchandise. You shall indemnify and hold TF4U Harmless from any chipping, scratching or other damages as a result of said removals, and you shall further be responsible for all door trimming and rehanging.
13. Plumbing Reconnections.
a. TF4U may disconnect and reconnect toilets, washers, sinks, to install flooring materials. TF4U is not responsible for issues that may arise such as old valves, or connections, or issues with items after reconnected.
a. While TF4U adores all kinds of pets, please make sure that pets are secured while our installers are there. Our installers may have to go in and out of your home to their work vehicles and we are not responsible if your pets escape.
a. Unless noted on the quote, we will package all trash for you to dispose of on garbage day. If you request for us to remove the trash, a haul away charge will appear on your invoice.
16. Warranty & Exclusion of Warranties.
a. Although its goal is to have a 100% error-free quotes, if TF4U discovers price errors or product information errors, TF4U will correct it on its quotes and in its systems. To the full extent permissible by applicable law, TF4U reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions.
b. To the full extent permissible by applicable law, TF4U otherwise does not make any warranties to you regarding the materials. However, warranties offered by the manufacturer of your materials to its end users, if any, shall be passed through to you, and you must contact such manufacturer(s) directly if a warranty claim related to your materials arises. Except as set forth above, to the full extent permissible by applicable law, TF4U specifically disclaims and excludes all other express warranties and all implied warranties, including without limitation the implied warranties, including without limitation the implied warranties of merchantability, fitness for a particular purpose, and suitability for any purpose. All such products are provided “as is” without warranty of any kind, express, or implied by TF4U.
a. You understand that failure to pay TF4U who is supply material and/or installation to complete your project, can result in the filing of an Illinois Mechanics Lien on the property as a result of this contract pursuant to Chapter 82 of the Illinois Revised Statues.
i. If you have a contractor installing your floor, you may ask for a lien waiver for the material.
a. If you fail to make payment(s) according to the terms of this Offer to Purchase, TF4U may at its option, discontinue any further deliveries and/or installations, and may, at its option, cancel all or any part of your untitled deliveries, and/or installations with TF4U, and proceed for the collection of the amount unpaid on merchandise previously delivered.
a. If during the period of this Contract, a petition on bankruptcy shall be filed by, or against you, or if you shall make an assignment for the benefit of creditors, TF4U may, at its option, and without prejudice to any other lawful remedy, cancel this Contract.
20. LIMITED WARRANTIES:
a. Upon request of you, TF4U shall assign all transferable warranties of the manufacturer to you, TF4U warrants that the merchandise will conform to the description contained quote and sales quote, the merchandise will be fit for the ordinary purposes for which the merchandise is used, the merchandise is first quality material, the installation, if performed by TF4U, will be done in a workmanlike manner according to industry standards and the merchandise and installation will be free from defects for one year. TF4U makes no other warranty of any kind with respect to the goods, whether express or implied, including, without limitation, the implied warranties of merchantability and fitness for a particular purpose, and the following are specifically excluded from this warranty.
i. Visible seams and joints and flaking of grout, as these are not defecting in the merchandise or the installation.
ii. Carpet pile crushing, shading, matting, yarn pulls, or soiling as these are not defects in the merchandise or the installation.
iii. Commercially acceptable dye lot and color variations among samples and production runs as defined by industry standards.
iv. Merchandise shortages or overruns when either the quantity sold is based on measurements, plans or estimates submitted by you or you are installing the merchandise.
v. Consequential and incidental damages for any reason within or beyond TF4U’s control.
a. Any provision of this Contract prohibited by the laws of the State of Illinois shall be ineffective to the extent of such prohibition without invalidating the remaining provisions of this Contract.
a. TF4U, at its option, will install said merchandise using TF4U’s employees or an independent subcontractor. If an independent subcontractor is used, TF4U will issue to said independent subcontractor an installation work order.
23. Waiver or Breach.
a. The waiver by you of a breach of any provision of this Contract by TF4U shall not operate or be construed as a waiver of any subsequent breach by you.
a. The jurisdiction of the State of Illinois and the venue of the County where the store of TF4U is located will control the terms of this Contract since this Offer to Purchase, if accepted by you, is accepted as a Contract in the County and State where the store of TF4U is located.
25. Tax on Labor.
a. If an amount for labor is listed separately on the front page of this Offer to Purchase, then labor has been negotiated separately and no sales tax has been charged to you.
a. This Contract shall be binding on the respective heirs, administrators, successors, and assigns of you and TF4U.
27. Entire Agreement.
a. Upon acceptance by you and TF4U, this contract constitutes the entire agreement between the parties and includes all promises and representations, expressed or implied, made by you and TF4U and by either of them. No stipulations, agreements, oral representations or understandings of the parties hereto shall be valid or enforceable unless contained in this Contract. You have read and understand terms and conditions and its provisions and understand that no employee or agent of you has any authority to make any agreement or representation that is binding on you with respect to this contract or with respect to the merchandise sold.
a. Deposit or payment in full constitutes agreement of the terms and conditions of TF4U as a contract. The URL for the terms, https://thefloor4u.com/terms-conditions/,
is also listed on every quote and estimate by TF4U.
a. If you have questions about these General Terms & Conditions, please contact TF4U as follows:
The Floor 4U.com, LLC
9614 Willow Lane, Mokena, IL 60448
855.535.6678 – mailto:firstname.lastname@example.org