H.J. Martin & Son, Inc.
SALES AGREEMENT TERMS and CONDITIONS
H.J. Martin & Son, Inc., hereinafter referred to as "We", "Us", and/or "Our", provides the following Sales Agreement Terms and Conditions. (Wspl)
1) All materials shall be as specified, and all installation shall be done in a professional manner according to industry standards.
2) Buyer understands that countertop and flooring products vary in color and texture. We reserve the right to determine if variations conform to industry standards.
3) We represent quality manufacturers and contract installers of floorcovering products. Occasionally delays in completion of the contract occur because of defective merchandise, production dates, damage, shipping delays due to weather, strikes, or technical breakdown, installer installation error or unforeseeable conditions. No adjustment of the contract amount shall be made because of any such delays.
4) Buyer understands that the installation of floorcovering creates upheaval in the residence. Minor damage to painted walls and woodwork may require touch-up painting which is the owner's responsibility. Dust and minor debris clean-up is not covered by this agreement. Buyer is responsible for door clearence and thresholds after installation of floorcovering materials, unless specified the Sale Agreement.
5) Any unforseen conditions that cannot be detected until work has commenced, such as improper preparation or construction methods of others, hidden security system, plumbing, water damage and/or dry rot are not covered by the Sale Agreement and may result in additional charges. The removal, handling, and abatement of products containing asbestos, mold, and lead are not covered by this Sale Agreement.
6) Any alteration or deviation from the above specifications that involve additional costs will be executed only upon written change orders and may result in additional charges.
7) Buyer understands that seams in resilient flooring and carpet are normally visible to some degree. The visibility and performance of seams are attributable to a number of factors. The visibility of seams is not a condition to withhold final payment. We reserve the right to determine if seams meet industry standards.
8) In the event of mutual cancellation of this Sale Agreement, Buyer may incur a restocking charge for returned materials.
9) In the event that We sell material on credit terms, Buyer grants Us a security interest to any materials purchased under the Sale Agreement until the materials are paid for in full.
1) Only upon receipt of payment in full for amounts owing under the Sale Agreement, We warrant its workmanship and materials to be free from material defects for a period of one year from the date of completion of installation. This limited warranty extends only to the original Buyer, and does not cover damage or defects caused by misuse, neglect, accident, non-standard or improper construction or installation by others, fire, flood or other casualty. Manufacturer's warranties and remedies may or may not apply to materials after this one-year period.
2) We reserve the right to perform warranty work beyond one year.
3) This limited warranty is in lieu of all other warranties of fitness and merchantability. We shall have no liability for incidental, consequential, special, exemplary, or liquidated damages of any nature arising from this transaction, and in no event shall Our liability exceed the amount of this contract.
My signature indicates that I accept the Sale Agreement and all conditions specified herein, and that We may obtain my credit information. I agree to pay Us a late charge of 1-1/2% per month on balances not paid when due, until said balances are paid in full. If an invoice becomes past due, Buyer agrees to pay Our reasonable attorney fees and coollection costs (not limited to statutory court costs and prevailing party costs), regardless of whether We commence any legal proceeding.
Buyer has received, at the time of acceptance of this contact, information regarding Construction Contractor's Board notices if applicable (Three documents).
©2021, H.J. Martin & Son, Inc.