TERMS AND CONDITIONS

Perfect Interior Design, Inc (d/b/a PID Floors)

TERMS AND CONDITIONS

 

1.DEFINITIONS The following Definitions apply to these Terms and Conditions (“Terms and Conditions"):

 

 

1.1. “Purchaser” is person or company named as the purchaser stated in the Invoice, Quote and/or Purchase Order (as applicable).

 

1.2. “Seller” or “PID” is Perfect Interior Design, Inc (d/b/a PID Floors).

 

1.3. “Wood Flooring” is any solid, engineered and/or laminate wood flooring product.

 

1.4. “Goods” are all products (including, but not limited to, Wood Flooring, padding/underlayment, glue, moldings) and accessories contained within an Order sold by Seller.

 

1.5. “Services” are services (if any) provided by Seller ancillary to the Goods sold under an Order, including but not limited to shipping and delivery charges.

 

1.6. “Quote” is the document describing the Materials to be sold by Seller (and any ancillary Services), including, but not limited to the quantity, price, and any projected delivery date(s).  The Quote shall incorporate these Terms and Conditions and other warranty  (if any) and industry standard materials. Goods are not deemed ordered until Seller is in receipt of the agreed upon payment and the same is confirmed to Purchaser. A Quote shall be deemed and become an Order upon Purchaser making a payment required under the Quote, and/or Purchaser accepting delivery of any Materials, whichever occurs first.

 

1.7. “Invoice” is the document incorporating by reference and/or setting forth the particulars of Purchaser’s current Order, the Price (as defined herein) and requesting payment then due.

 

1.8. “Order” is a Quote or Invoice as signed by Purchaser for which Purchaser has paid the required amount due thereunder and is then countersigned or acknowledged by PID and returned to Purchaser.

 

1.9. “Purchase Order” is the document, if any, issued by a commercial Purchaser and/or contractor to Seller that is signed by Seller (subject to the requirements of an Order hereunder).

 

2. AGREEMENT

 

Upon Purchaser signing of a Quote and/or or Invoice, the Purchaser represents that Purchaser has received a copy of Seller’s Disclosure Statement for Wood Flooring  (“Disclosure Statement”) and agrees to the terms of the Disclosure Statement and these Terms and Conditions. Notwithstanding anything to the contrary, Purchaser making the requisite payment under an un-signed Quote, Invoice or Purchase Order also shall be deemed Purchaser’s acknowledgment of receipt and agreement to these Terms and Conditions, the Disclosure Statement and the warranty,  if any, of the manufacturer (“Manufacturer Warranty”). The Disclosure Statement and Manufacturer Warranty  (if any) are deemed to be incorporated by reference into these Terms and Conditions and are a part hereof. These Terms and Conditions and the Disclosure Statement can be found at www.pidfloors.com/pages/sustainability-downloads.

 

2.1. In the event of any conflict and/or any inconsistency between any of the PID Documents (as defined), including, but not limited to, the Disclosure Statement and these Terms and Conditions, the more (most) stringent provision and obligations upon Purchaser governing Purchaser’s  terms of purchase, use, handling, application, installation, responsibilities, liabilities and any other matter relating to the Goods shall govern. If there is also a Purchase Order between the Seller and Purchaser, in the event there is a conflict and/or inconsistency between: (i) the Purchaser Order and (ii) the Terms and Conditions, Quote, Invoice and/or any other document issued and/or provided by PID (collectively all of the foregoing under this Item (ii) called “PID Documents”), then the PID Documents shall govern.

 

3. SPECIAL ORDERS

 

A Special Order (“Special Order”) is an Order for any custom Goods made in accordance with written specification supplied by Purchaser. Seller is not responsible for any defects in design, drawings and/or specifications made, provided  and/or otherwise requested in writing  by the Purchaser.

 

In addition, Purchaser is responsible for reviewing the specifications included  as part of  the Quote, Invoices and/or any other PID Documents from Seller and promptly notifying Seller in writing of any inaccuracies within three (3) days of Purchaser’s receipt of same. Purchaser shall indemnify, hold harmless and reimburse Seller from any loss, damage and/or additional cost incurred by Seller as a result of Purchaser’s breach of this section and/or any other provision(s) of PID Documents.

 

4. OFFER TO SELL

 

A Quote or Invoice given to Purchaser shall not constitute an offer to sell Wood Flooring and/or any other Goods until same becomes an Order as provided hereunder. Lead times, delivery dates and other information contained in the Quote, Invoice and/or Order are only for informational purposes, and/or subject to verification and change without notice, and in all instances subject to Market Changes (as defined).

 

5. PRICING

 

The price (“Price”) for the Goods and Services (if any) is (are) stated in the Quote, as updated in an Invoice(s), and/or set forth in an Order. The Price is subject to change until delivery of the Goods to Purchaser. Seller reserves the right to cancel any Order due to changes in market conditions, shortages in the Goods and/or in any material or product, or due to production, manufacturing or delivery delays of any nature outside of Seller’s control (collectively “Market Changes”). All Orders are also subject to cancellation or increase in the Price due to Market Changes.

 

6. PAYMENT

 

Purchaser agrees to pay in advance for all Goods ordered as per the applicable PID Documents. Payment is only to be made by Check, Electronic or Wire Transfer, Credit Card or Cash. Goods on order remain the property of Seller until paid in full and delivered to Purchaser. No delivery of Goods shall be made prior to payment of the Price in full. Subject to an earlier date specified in the Quote or Invoice, final payment of the entire Price must be made within seven (7) days of notification that Purchaser’s Goods are ready for delivery. For Special Orders, unless otherwise specifically agreed to by Seller in writing, payment must be made in full at the time of Order. In addition, for a Quote or Invoice (not for a Special Order) to be deemed an Order, in addition as otherwise provided herein, Purchaser must have paid fifty (50%) percent of the Price (unless stated otherwise in the Quote or Invoice). Seller may cancel any Order and retain Purchaser’s deposit if final (full) payment is not made within the prescribed period.

 

7.  DELIVERY, INSPECTION AND ACCEPTANCE OF GOODS

 

 

7.1. If Purchaser elects to have their Goods delivered by Seller, Seller shall add a delivery charge, and the Goods will be delivered to Purchaser at the “Ship To” address (“Delivery Address”) indicated on the Invoice. Seller shall not be responsible if  an incorrect address is provided, or if the address changes and Seller is not informed of same in writing in sufficient time (as determined by Seller) to make alternative delivery arrangements. In the event there is a change in the Delivery Address, Purchaser shall be responsible for any additional costs associated therewith, which must be paid to Seller at least forty-eight (48) hours in advance of delivery.

 

7.2. Seller will provide Purchaser with an approximate time of delivery. All deliveries shall be Sidewalk Delivery (“Sidewalk Delivery”) along the curb of the Delivery Address, or to the nearest available legal location on the street adjoining the sidewalk in front of the Delivery Address. Delivery of the Goods shall be via Seller’s or a third party freight company’s truck. Purchaser shall be responsible for removing Goods from Seller’s delivery vehicle.

 

7.3. Delivery of the Goods to the Location shall constitute delivery of Goods to Purchaser. Upon delivery of the Goods to Purchaser, Purchaser shall accept full responsibility for the Goods, and delivery of the Goods shall constitute passage of risk of loss for the Goods from Seller to Purchaser. In the event Purchaser does not elect to have the Goods delivered, risk of loss for the Goods shall pass from Seller to Purchaser at the point Purchaser or Purchaser’s designated Agent (as defined), including, but not limited to, its contractor receives (picks-up) the Goods. Acceptance of the Goods (“Acceptance”) shall occur: (i) if the Goods are delivered, upon Purchaser’s or Agent’s receipt of the Goods at the Location, or (ii) Purchaser’s or Purchaser’s Agent picking-up the Goods.

 

7.4. At the time of delivery, Purchaser shall sign a delivery slip (“Slip”), thereby acknowledging Acceptance and the conformity of the Goods to the Order, including, but not limited to, as to the quantity of the Goods and Purchaser having inspected the packaging for any apparent damage at the time of delivery. Purchaser shall take pictures of any Goods Purchaser deems to be damaged or otherwise in nonconformance with the Order, and immediately send the pictures to Seller via email (with a subject line “damaged shipment”). Seller shall not be responsible for damage to the Goods during delivery unless such damage is noted on the Slip at the time of delivery. Purchaser’s (or its Agent (as defined)) Acceptance of Goods at the time of delivery shall be deemed to take place, whether or not Purchaser signs the delivery Slip. If Purchaser is unable to be on site at the Delivery Address (and the Location if different) during delivery (or pick-up the Goods under Paragraph 7.3), Purchaser shall designate an individual or entity (collectively “Agent”) that is hereby deemed authorized to fully accept, inspect and sign for the Goods on Purchaser’s behalf.

 

7.5. Seller does not handle or unload the Goods. Purchaser is responsible for unloading all Goods from the delivery truck and transporting (moving) the Goods to the Purchaser’s desired area. The delivery driver (crew) will not unload any Goods. Seller shall not provide any material handling equipment (such as a forklift, pallet jack, liftgate) for the unloading of the Goods. Seller shall not provide any certificates or proof of insurance as a condition of delivery. If damage occurs during unloading, Seller assumes no responsibility for  such damage.

 

7.6. Purchaser assumes responsibility for providing an adequate place for Seller to make a Sidewalk Delivery. Purchaser shall be subject to increased delivery charges of $300 per hour if the actual time to unload the Goods exceeds one hour, and/or a readily acceptable Location for the truck to park for unloading (in Seller’s sole discretion and determination) is not readily and/or timely available. Purchaser shall pay the additional delivery charges within five (5) days of receipt of an invoice for same.

 

7.7. Unless the Goods are already in transit, Purchaser may reschedule a previously scheduled delivery at least twenty-four (24) hours prior to the delivery time without charge. For any deliveries that are rescheduled within twenty-four (24) hours of the scheduled delivery time, Purchaser shall pay Seller a $150 rescheduling fee, plus any additional handling and delivery charges. If upon arrival for the delivery the Purchaser (or an Agent) is not present and/or Seller is unable to contact Purchaser (or the Agent) within thirty (30) minutes thereof at Purchaser’s (or the Agent’s) telephone number stated in the PID Documents, or Purchaser (or the Agent) does not have the ability to unload the Goods, then Seller may cancel the delivery and retain the previously paid delivery charges. Purchaser shall pay Seller for any additional delivery and handling charges in advance of any rescheduled date of delivery, and Purchaser shall be responsible for any damage to the Goods arising from the delivery not being completed at the scheduled time, including, but not limited to, due to, the excess time needed to unload the Goods or the unavailability of Purchaser or a Location as described above.

 

7.8. Seller may elect to deliver the Goods via a third party carrier. When a delivery is to be made via a third party carrier and Purchaser requests ancillary services (such as delivery appointments and the availability of a liftgate) and the third party carrier is able to provide the ancillary service, Seller shall use its reasonable  efforts to secure such service. However, even when purchased, Seller assumes no responsibility for the availability of ancillary services. If the third party carrier fails to provide any purchased ancillary services, Purchaser shall notify Seller of the third party carrier’s failure to provide the service and Seller shall endeavor (but not be obligated) to obtain a refund from the third party carrier and forward the same to Purchaser.

 

7.9. Prior to installation, Purchaser shall dry fit at least 100 square feet of Wood Flooring. Purchaser shall use randomly selected bundles (or boxes) for the dry fitting process and shall inspect the dry fit Wood Flooring for conformity with any and all specifications. Additionally, during the dry fitting and final installation process, Purchaser shall test the moisture content of the Wood Flooring and the subfloor with, at minimum, a calibrated electronic moisture meter. Purchaser shall keep a log of the test results and shall immediately notify PID in writing if any tests are outside  the National Wood Flooring Association’s (“NWFA”)  recommended thresholds or outside an alternate range provided in the specification (or of the manufacturer’s, if any). In addition to as provided under Paragraph 7.3, Purchaser’s installation of any Wood Flooring shall be deemed further evidence of Purchaser’s  acceptance of the Wood Flooring  as being in  conformity with the Order.

 

8. LEAD TIMES AND DELIVERY DATES

 

All lead times (delivery dates) are approximate and are not guaranteed, and Seller shall not have any liability for any delay in the delivery of the Goods. Purchaser agrees to accept delivery of the Goods as provided under this Article 7 within seven (7) days of notification that Purchaser’s Order is ready for delivery. If Purchaser does not accept delivery within seven (7) days of Seller’s notification that the Goods are ready to be delivered, Purchaser shall pay Seller additional storage fees as determined and charged by Seller (generally at the rate of 10 cents (.10) per cubic foot per day). Any Goods that are not accepted for delivery by Purchaser within ninety (90) days of notification to Purchaser that the Goods are ready for delivery shall be deemed abandoned, and Seller may terminate the Order. Upon such termination, Seller may retain the Goods and any monies paid by Purchaser toward the Price, and Seller may resell or discard such Goods at its discretion without any further obligation or liability or credit or any other offset to Purchaser. In addition, Purchaser shall remain liable for any balance of the Price that remains unpaid, which shall be immediately due and payable at the time of Termination of the Order. If there is also a Purchase Order, the termination of an Order shall also constitute the termination of the related Purchase Order.

 

9. PRODUCT INSTALLATION

 

Purchaser shall be fully responsible for establishing that the Goods are fit for the intended purpose/use and that the Goods are suitable for the intended installation and/or location of installation. Purchaser is also be fully  responsible for ensuring that the proper installation process and procedures are undertaken by a qualified, experienced and licensed installer (contractor) for the applicable Goods. Seller makes no representation or warranty with respect to the above. Seller is not the installer and shall not be responsible for any issues arising during or because of installation and/or during any period prior to installation after the Goods have been delivered to Purchaser. Purchaser must follow the manufacturer’s  guidelines as to installation process, or if none are available, must install the floors in accordance with NWFA guidelines . Installation of the Goods shall be deemed acceptance of the Goods (even if the incorrect product was delivered).

 

10. DELAYS, ETC.

 

Seller will not be responsible for any failure to perform or delay in performance of any of Seller’s obligations (including, but not limited to, caused by an event or delay outside of Seller’s control or caused by Force Majeure Event), except for such failure or delay resulting from Seller’s sole negligence. A Force Majeure event means an act or event beyond Seller’s control, including, but not limited to, any third party (e.g., manufacturers and third party freight companies), strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorists attack or threat of terrorist attack, war (whether declared or not) or threat to preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic (including, but not limited to COVID 19), or other natural disaster, or failure of public or private communication networks or lack of electrical power lasting more than twenty-four  (24) hours. Seller also reserves the right at any time to increase its Price based on labor and/or supply shortages, changes to laws, rules and regulations, and related market and escalation of costs.

 

11. GOVERNING LAW/JURISDICTION

 

The Terms and Conditions (and any related Order, Invoice, Quote, other PID Documents and/or Purchase Order) shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to its conflicts or choice of law. The parties hereby submit to the exclusive subject matter and personal jurisdiction of the courts of the State of New York and venue in New York County with respect to any dispute or controversy between them arising under, relating to  or in connection with the Terms and Conditions, a Purchase Order, an Order, Quote, Invoice, any other PID Document and/or otherwise involving Goods (or Services, if any).

 

12. WARRANTY

 

Seller  makes no representation or warranty concerning the Wood Flooring and other Goods under this Order, including, but not limited to,   the suitability of any Goods for Purchaser’s project or other intended purpose or use of the Goods,  the installation (including the manner of same) of the Goods, for the contraction or expansion and/or Variations and Variables (as defined under the Disclosure Statement). Any warranty or representation relating to the Goods shall be limited to such separate Manufacturer Warranty (and any representations thereunder)  directly furnished by the manufacturer of the Goods in writing (for which Seller has no responsibility or liability thereunder). To the fullest extent permitted by law, the separate  Manufacturer Warranty of the manufacturer (if any) are exclusive and there are no other express or implied warranties or conditions provided by the Seller, including warranties or conditions of merchantability and fitness for a particular purpose of the Goods.

 

12.1. Subject to Paragraph 12 above, all Wood Flooring products and any other Goods shall be delivered in accordance with the specifications provided for in the Quote and/or Invoice, subject to Variations  and Variables (as further defined  and outlined in the Disclosure Statement) and any disclosures of the manufacturer. As further described in the Disclosure Statement, Variations may include, but not be limited to, color variations, tint, knots, wood grain patterns, and differences in grade and plank lengths that are outside the specifications. Additionally, some planks may have small variations in height. Variations and Variables shall not be deemed to be defective Goods, nor constitute a breach of any representation or warranty (if any).

 

13. SUBSTITUTION

 

In case of shortage and/or unavailability of adhesives, underlayment or other non-Wood Flooring items, Seller, at its discretion, may elect to substitute such product for a substantially similar product or refund (if paid) Purchaser or remove from the Order an adhesives, underlayment or other non-Wood Flooring items that Seller is unable to readily procure.

 

14. NON-LIABILITY FOR MEASUREMENTS

 

Seller shall not be liable for any dimensional  and other measurements, the accuracy of any blueprints or drawings, and Seller is not responsible for verifying any sizes, quantities, species, mill detail or any other information for Goods and/or Services (if any). It is responsibility of Purchaser to develop and verify such information. Purchaser is advised to purchase sufficient Wood Flooring and any related Goods for their project, considering factors including any waste and additional product for future repairs. No representation is given by Seller that the Wood Floors and/or any other Goods or any product will be available in the future.

 

15. NON-LIABILITY FOR LOSS OF PROFIT/CONSEQUANTIAL DAMAGES/LIMIT TO LIABILITY.

 

 

15.1. To the fullest extent permitted by law, Seller shall not be liable for any loss of profits, damages of any nature, loss of business opportunity, loss of revenue, business interruption, storage fees, installation, removal and/or re-installation costs of any nature, and/or other special, indirect, liquidated and/or consequential damages. Subject to the terms herein and the other PID Documents, to the extent Seller has any liability to Purchaser under contract, tort or otherwise, such liability shall not exceed (and shall be capped at and limited to)  twenty-five (25%) percent of the amount actually paid to and received by Seller as the Price (under the Quote, Invoice, Order and/or Purchase Order, as applicable).

 

15.2. To the fullest extent permitted by law, Seller shall not be liable for any  injury or death to persons and/or damage to property arising from and/or relating to the Goods and Services (if any) and/or any PID Documents, including, but not limited to, the installation, maintenance or use or operation of Goods. To the fullest extent permitted by law, Purchaser shall indemnify, hold harmless and reimburse, and defend Seller, its members, managers, employees, officers, directors, contractors and/or agents harmless from and against all losses, liabilities, costs (including, but not limited to, legal fees), damages and/or expenses arising from and/or relating to any actual, pending and/or threatened claim, action, proceeding or judgment of any nature (including, but not limited to, claims of third parties) against Seller arising out of or otherwise relating to: (i) the Goods and Services (if any), (ii) installation of Goods and/or the Services (if any), (iii) handling, storage and/or maintenance of Goods, (iv) use or operation of the Goods and/or Services (if any), (v) Purchaser’s breach of the Terms and Conditions, the Invoice, Quote, Order, other PID Documents and/or any other agreement between Seller and Purchaser), and/or (vi) any act or omission of Purchaser or its agents, employees, representatives, contractors and suppliers of any tier.

 

16. SEVERANCE AND HEADINGS

 

If any term, covenant, condition or obligation in the Terms and Conditions (and/or the Quote or Invoice) shall be held to be invalid, illegal or unenforceable in any respect, the Term and Conditions (and/or the Quote, Invoice and/or other PID Document) shall be construed without such term, covenant, condition or obligation without invalidating the entire Terms and Conditions (and/or the Quote, Invoice  and/or any other PID Document). The paragraph headings in the Terms and Conditions and/or any other PID Document are for convenience only and are not a part of same and do not in any way limit or amplify the terms and provisions of this Terms and Condition

 

17. AMENDMENTS AND CONTENT

 

There shall be no amendments to these Terms and Conditions unless agreed to in writing by Seller and Purchaser. In the event Purchaser is a signatory to a contract and/or other agreement of which Seller is neither a party nor has signed (collectively “Other Contract”) that relates to Seller, the Goods, Services (if any) and/or PID Documents, Purchaser acknowledges that Seller is neither a party to the Other Contract, nor is Seller bound by or deemed subject to any provisions, term and/or conditions of the Other Contract.

 

  1. USE OF PERSONAL INFORMATION

 

PID is hereby permitted to use Purchaser’s personal information to process and complete the Order and to process Purchaser's payment.

 

19. APPLICABLE TAXES

 

All Orders are subject to Purchaser’s payment of all applicable State, County, and City sales tax and/or use tax. When applicable, such taxes will be added to the Invoice.

 

20. APPENDIX

 

The  Disclosure Statement (including the Appendices thereto) is  an   Appendix to the Terms and Conditions and Disclosure Statement (including the Appendices thereto) is deemed to be incorporated by reference into the Terms and Conditions.

 


 

Appendix - DISCLOSURE STATEMENT FOR WOOD FLOORING (“DISCLOSURE STATEMENT”) PURCHASED FROM PID FLOORS Perfect Interior Design, Inc. d/b/a PID Floors  (“PID”)

 

 

1. PRODUCT VARIATIONS

 

1.1 Wood is a natural product that contains variations throughout a single tree and between trees of the same species, and therefore between bundles, packages and/or boxes (collectively “Bundles”), within a plank, and from plank to plank. As such, wood flooring (“Wood Flooring”) will have variations (“Variations”), including, but not limited to, in color, tone, knots, heartwood, sapwood, grain, figure, pattern, texture, mineral streaks, discoloration, and other distinct natural features. In addition, the color and appearance of wood may shift over time, especially when exposed to UV and other light sources, including sun light. Additionally, the color of wood will vary based on the type of light it is viewed under, as well as the angle under which it is viewed. All wood product dimensions (such as thickness and width) may slightly vary.

1.2 There are many other variables (“Variables”) that can affect both the appearance and the performance of a Wood Flooring. These Variables have been organized in general groupings to help flooring professionals identify problems that can impact wood floors, including, but not limited to, wood distortion, wood aesthetics, sounds/ noises/movement, installation appearance, filler/putty, sanding aesthetics, color inconsistencies, finish aesthetics, and finish performance.

1.3 In placing an Order (“Order”) of Wood Flooring from PID, Purchaser acknowledges that Variations and Variables shall neither constitute non-conformance with the Order nor a breach by PID of the Order and Purchaser is agreeing that Purchaser will accept Variations and Variables.

1.4 In an attempt to minimize possible Variations and Variables in the installed Wood Flooring, Purchaser is advised to purchase a sufficient quantity of Wood Flooring, taking into account an allowance for waste as well as additional Wood Flooring for future repairs. In addition to the increased likelihood of Variations in a follow-up order (which potentially may be from a different production run), PID also makes no representation that a certain Wood Flooring or other material or products will be available in the future.

2. SAMPLES

 

Samples, pictures and images (collectively “Samples”) of Wood Flooring and any additional products furnished by PID, including, but not limited to, provided in its showroom, on its website or in any other form or medium, are only for purposes of illustration. No sample will contain all possible Variations which may be contained in a particular Order. A Sample may also represent Wood Flooring that has already shifted in color or contain

Variations, and will be different from the Wood Flooring included in an Order. Samples do not fully depict the entire range of characteristics and degree of Variations (nor Variables) which may be present in an Order. Therefore, PID makes no guarantee that the characteristics and appearance of the Wood Flooring in an Order will be identical to Samples or planks within a particular Bundle. Purchaser is advised to dry install wood floors from multiple and random Bundles in order to review the conformity of the delivered Goods.

3.ACCESSORIES AND COLOR MATCHED PRODUCTS

 

Some orders may include the purchase of accessory products (“Accessory Products”), such as moldings, stairs parts, floor vents and/or other “color-matched” products. All Accessory Products shall contain color Variations from the underlying Wood Flooring (and subject to Variables). PID is unable to guarantee color matches for Accessory Products.

4. PRODUCT CARE/ACCLIMATION

 

4.1 As per National Wood Flooring Association (“NWFA”) guidelines, Wood Flooring will perform best when the interior environment stays within a relative humidity of 35-55% and a temperature range of 60-80 degrees Fahrenheit.  Purchaser and Purchaser’s installer should also confirm whether the manufacturer of the Wood Flooring has other or different   guidelines relating to the Wood Flooring, which should then be followed. As Wood Flooring is primarily a natural product, it is prone to failing or decreased performance if these conditions are not maintained. Examples may include, but are not limited to, checking, splitting/cracking, gapping, delamination, cupping, crowning, buckling, lifting, etc. Wider planks or strips will experience more gapping than narrow planks or strips. PID is not liable for failure to adhere to the  guidelines of the NWFA and/or the manufacturer(s) (collectively “Guidelines”).

4.2 Due to the natural properties of Wood Flooring, it is susceptible to expansion and contraction, and the properties will have differing effects based on the type on wood flooring and geographic region where the Wood Flooring is installed. To limit the effects of expansion and contraction, it is important that the Wood Flooring is installed in the appropriate region and application, and goes through the appropriate acclimation process prior to installation.

4.3 Prior to installation, in addition to confirming the manufacturer’s and other NWFA Guidelines, the Purchaser and the installer should complete the PID Floors Jobsite Checklist (See Article 12 below) . In order to facilitate timely processing of warranty claims, the Jobsite Checklist must be filled out in its entirety and submitted to checklists@pidfloors.com within thirty (30) days of completion of the PID floor installation. Purchaser must retain a copy of the PID Floors Jobsite Checklist in the event of a warranty claim. (subject to the provisions of the PID Terms (as defined).

4.4 When installing on a concrete or wood subfloor, the subfloor’s moisture content must be tested and meet NWFA’s and the manufacturer’s Guidelines. Wood Flooring should not be installed when the moisture content exceeds or potentially may exceed NWFA and/or the manufacturer’s Guidelines. Following installation, all subflooring must remain dry and within the moisture content levels acceptable for Wood flooring. If there is any potential moisture migration, appropriate moisture/vapor barriers must be used.

4.5 PID assumes no responsibility for the suitability of the Wood Flooring and any Accessory Products including, but not limited to, temperature, moisture, intended traffic and application, and geographic compatibility (collectively “Suitability”), and Purchaser should consult with their professional installer for such determinations. PID makes no representations and is not responsible for any issues arising from improper installation, storage or handling, or maintenance, nor damages of any nature or diminished performance due to the Suitability of the Wood Flooring and any Accessory Products, including, but not limited to, expansion or contraction of Wood Flooring.

5. MAINTENANCE AND INSTALLATION

 

5.1 It is Purchaser’s responsibility to properly store, handle, install, maintain and protect the Wood Flooring in accordance with Guidelines of the manufacturer(s) and NWFA. Products that contain Oil or UV oil finishes will have special maintenance instructions.

5.2 Drilling, sawing, sanding or machining wood flooring can expose you to wood dust, a substance recognized to cause cancer. Appropriate personal protective equipment when installing and handling wood flooring.

5.3 The conditions of the jobsite, including but not limited to: the ambient temperature and relative humidity at the time of installation; proper storage and handling; complete evaluation and permanent recording of site conditions, including, but not limited to, moisture testing of the subfloor and flooring, acclimation of flooring to appropriate conditions, subfloor preparation, and flooring layout; milling, grade, color and gloss, scraping; proper installation methods; sufficient quantity of Wood Flooring on hand to complete the job, and jobsite cleanup. Decisions must be made at the installation site, and therefore must be the sole responsibility of the Purchaser and Purchaser’s installer.

6. RESANDING AND REFINISHING

 

PID makes no representation as to the ability to repair any Wood Flooring, nor the number of times a particular Wood Flooring may be sanded and/or refinished. Water and Pet stains typically penetrate deep throughout Wood Flooring and will generally require replacement of planks and may also require replacement of the subfloor.

7. SCRATCHES AND DENTS

 

Wood Flooring is susceptible to scratching and denting by sharp and/or heavy objects. Purchaser is advised to use floor protectors on furniture as well as extreme care when dragging furniture or other items over Wood Flooring. Additionally, Wood Flooring is prone to damage from rolling or continuously moving objects, such as but not limited to, office chairs, dollies, baby strollers, wheelchairs, cribs, walkers and rocking chairs. Heals, cleats and other shoe soles may also scratch and dent floors. Heavily trafficked areas will experience faster and greater surface wear. Softer species of wood floors (such as Pine) will experience denting faster than harder species (such as Jatoba).

8. FLOATING FLOORS

 

Some Wood Flooring may be installed as floating floors. NWFA and manufacturer’s Guidelines should be consulted during all installations. Additionally, placing large, heavy or permanently mounted objects on a floating floor will affect the floor’s ability to expand and contract during seasonal changes and may cause separation and other forms of failure.

9. RADIANT FLOOR HEATING

 

Unless otherwise specifically noted by the manufacturer, it is not advisable to install Wood Flooring over radiant floor heating. You should also consult your professional installer prior to installing Wood Flooring over radiant floor heating.

10. LIMITATIONS

 

10.1 This Disclosure Statement is deemed incorporated into and made part of the PID’s separate Terms and Conditions (“Terms”), as well as all other PID Documents generated as part of the Purchaser’s Order, including, but not limited to, a Quote, Invoice and/or Purchase Order (as all such terms are defined in the PID’s Terms).

10.2 For conflicts or inconsistencies between or among the various PID Documents, the Terms should be reviewed as to which of PID Documents shall govern and take precedence. For technical conflicts between or among the Guidelines of the manufacturer(s) and NWFA, generally the more specific and stringent Guidelines should be followed. In addition, your professional installer should be consulted in the event any such conflicts or inconsistencies exist.

10.3 This Disclosure  Statement does not encompass all of the issues that may arise relating to Wood Flooring, including, but not limited to, the purchase, storing, installation, maintenance and care of Flooring. Purchaser is and Purchaser’s installer are advised and responsible to review the Guidelines of the manufacturer(s) and NWFA, including, but not limited the publications listed in Article 12 can be found under the “Technical” section of PID’s website at https://www.pidfloors.com/pages/sustainability.

10.4 PID makes no representation as to the Suitability of any Wood Flooring or Accessory Product. Unless otherwise specifically provided in writing as part of Purchaser’s Order, PID is not providing any warranties and guarantees.

11. PURCHASER COMPLAINTS (“COMPLAINTS”)

 

If a Purchaser wants to have a Complaint about a product or a warranty claim (if applicable) they must agree to the following:

11.1 The standard for evaluation is based on viewing Wood Flooring within the scope of NWFA Guidelines (or of the manufacturer’s, if any) in order to determine acceptability:

(a)Evaluation of Wood Flooring must be observed from a standing position on the floor being assessed;

(b) Evaluation of Wood Flooring must be conducted with ambient lighting. Glare from a direct light source must not be used during evaluation; and

(c) Inspection by an NWFA Certified Wood Floor Inspector may be conducted to determine cause, which may include examination of the flooring system carefully and critically. Inspection may take place from floor level, with assistance of magnification, and/or through destructive testing in order to determine cause of irregularities, but not necessarily to determine acceptability.

11.2 Evaluating Variations and Variables must be done in accordance with and by the NWFA Guidelines (or the manufacturer’s, if any), and the  Purchaser must accept industry standards that are generally accepted, whether formally in writing or not. If a  Purchaser disagrees with PID representative’s analysis and/or conclusion from an evaluation the only recourse they have is to hire an NWFA certified  inspector (at Purchaser’s cost and expense) who does a thorough, impartial, and objective inspection of a Complaint and/or any other an issue. PID will only honor, respond to and/or answer a  Complaint that  has followed this procedure, and without following  this procedure  a Complaint shall be deemed null and  void.

11.3 PID’s responding to any Purchaser Complaint does not constitute an acknowledgement of any liability or responsibility for any condition and/or situation relating to the Complaint, nor does it deem to contradict the provisions of PID’s Terms (into which this Disclosure Statement is deemed to be incorporated).

  1. APPENDICES. The following are Appendices to this Disclosure Statement and are deemed to be incorporated herein by reference:

Appendix A - Jobsite Checklist

 

  1. Jobsite Checklist.pdf (click to open/download)

Appendix B - List of NWFA Publications with links

 

  1. NWFA Installation Guidelines Final.pdf
  2. NWFA Sand and Finish.pdf
  3. NWFA-NOFMA Unfinished Standard Final-April 2018.pdf
  4. NWFA_NOFMA_Factory_Finished_Standards_Updated2019.pdf
  5.  Maintenance and Recoating.pdf
  6. Moisture and Wood.pdf
  7. Ornamental Floors.pdf
  8.  Regional Climate Variation Final Update 1-8-20.pdf
  9. Problems Causes and Cures.pdf
  10. Wood Species.pdf
  11. NWFA Acclimation.pdf
 

Copies of the documents listed in this Appendix B can be found under the “Technical” section of PID’s website at https://www.pidfloors.com/pages/terms-and-conditions