1. Terms and Conditions. Mike’s Carpet and Flooring Limited (“Mikes’ Carpet”) and the customer (the “Customer”) whose name appears on the first page of this Contract agree that these Terms and Conditions, together with the terms set out on the first page of this Contract, constitute the agreement between them with the respect to the provision of good and services to the Customer by Mike’s Carpet as described in this Contract.
2. Estimate and Payment Terms. The total set forth in this Contract is an estimate based on the details (including quantity, rate, and unit measure) described on the first page of this Contract and such total is subject to change in the event there is a variance in labor supplied to the Customer by Mike’s Carpet, and the Customer is liable to pay all extra cost arising as a result of such variance. The estimated total set our in the Contract is valid for acceptance by the Customer for 10 days following receipt of this Contract. Payments may be made by Visa, Mastercard, cash or by cheque payable to “Mike’s Carpet & Flooring Limited”. On execution of this Contract, the Customer if paying by Visa or Mastercard shall pay a deposit equal to 50% of the costs of the goods and services to be provided pursuant to this Contract, plus applicable taxes, with an additional 40% of such amount due on delivery of the goods and the remaining 10% on completion of the services by Mike’s Carpet. The Customer if paying by cash shall pay a deposit equal to 50% due on delivery of the cost of the goods and services to be provided pursuant to this Contract, plus applicable taxes, with the remaining 50% due on delivery of goods. The Customer if paying by cheque shall pay a deposit equal to the full amount of the cost of the goods and services to be provided pursuant to this Contract, plus applicable taxes. The Customer if purchasing materials only shall pay a deposit equal to the full amount of the cost of the goods, plus applicable taxes. In the event payment is made by Visa or Mastercard, the Customer will complete a Credit Card Payments Authorization Form provided by Mike’s Carpet. No Customer will be entitled to a refund unless agreed to by Mike’s Carpet.
3. Scope of Work. Mike’s Carpet agrees to provide the goods and services set forth on the first page of this Contract to the Customer. The services contemplated by this Contract include the cost of flooring wastage, but otherwise do not include provision of any goods or services not specifically listed in this Contract. For greater certainty, unless otherwise noted in this Contract, the provision of goods and services by Mike’s Carpet does not include any of the following: (i) adding or removing plywood, baseboard, transition, stair nosing, or quarter round; (ii) vacuuming; (iii) shaving doors; (iv) lifting and disposing of existing floor or garbage/scraps from the goods provided; (v) moving furniture, appliances or pianos; (vi) packing small items; (vii) disconnecting electronics; (viii) plumbing; (ix) removing or reinstalling closet doors; (x) tack strips; (xi) patching; or (xii) levelling floors in order to install floating floor. If there are heat pipes in the floor or wall the Customer must advise Mike’s Carpet prior to installation otherwise Mike’s Carpet will not be responsible for any damage to such pipes. Unless otherwise agreed to in writing by Mike’s Carpet and the Customer, the location of seams in flooring will be left to the discretion of Mike’s Carpet or its installer. Upon completion of the provision of goods and services contemplated by this Contract, Mike’s Carpet will provide the Customer with a Work Order setting out the goods and services provided pursuant to this Contract.
4. Condition of Premises. The Customer is responsible for providing parking for the installer sent by Mike’s Carpet to complete the services contemplated by this Contract. The Customer agrees that the surface over which flooring materials are to be laid shall be cleaned and cleared by the Customer prior to the arrival of the installer. All furniture, molding, baseboard, quarter rounds, doors etc., shall be removed by the Customer or may be removed by Mike’s Carpet for a nominal charge at the Purchaser's risk and will not be replaced by Mike’s Carpet.
5. Ownership of Goods. Regardless of the location of the goods, Mike’s Carpet remains all title and ownership of the goods provided pursuant to this Contract until such time as Mike’s Carpet is paid in full for goods and services provided.
6. Warranty. Mike’s Carpet agrees that the Customer shall have the benefit of any warranty provided by a manufacturer of goods provided pursuant to this Contract but otherwise disclaims any and all warranties on such goods. For a period of 12 months from the date upon which the services were provided pursuant to this Contract, Mike’s Carpet shall repair any workmanship defect relating to the services provided by Mike’s Carpet. The Customer agrees that the limited service guarantee provided by Mike’s Carpet (and possibly a manufacturer warranty) is void if no transitions between doorways is installed by the Customer.
7. Timing. Unless otherwise agreed to by Mike’s Carpet and the Customer, Mike’s Carpet does not commit to providing the goods and the services contemplated by this Contract within any specific period of time.
8. Limitations of Liability. The Customer agrees that in no event will Mike's Carpet be held responsible for any surface scratches, paint-chipping, floor damage due to not installing transitions between the doorways or damages relating to levelling and expansion of floor on top of the concrete arising during the performance of this Contract, nor will Mike’s Carpet be responsible for any damage to the goods provided pursuant to this Contract following the completion of services. Mike’s Carpet will not be liable for any costs arising from delays or damages arising in connection with any strike, lockout, work stoppage, accident, act of god or other action beyond the control of Mike’s Carpet.
9. Agreement. This Contract (including these Terms and Conditions), the Work Order referenced in Section 3 and, if applicable, the Credit Card Payments Authorization Form referenced in Section 2, constitute the entire agreement between the Customer and Mike’s Carpet in connection with the delivery of goods and services contemplated by this Contract, and supersedes and cancels all previous agreements between the parties, whether oral or written. Any changes to This Contract must be agreed by Mike’s Carpet and the Customer in writing.
10. Governing Law. This Contract shall be governed and construed by the laws of the Province of British Columbia.
