Terms and Conditions
The customer agrees to pay West Flooring for the project, payable as follows:
- 50% of the balance is due upon agreeing to the estimate.
- The remainder of the balance is due no later than 5 business days after job completion.
- If the customer fails to provide payment within this time frame, the customer shall pay an additional 2% of the remaining balance every month it is past due.
The customer agrees all sales for materials are final and non-returnable. West Flooring is not responsible for color variations in tile, hardwood, LVP, and laminate.
The customer understands that West Flooring adds a percentage to the measured areas when ordering materials to account for waste and that any remaining materials cannot be returned for a refund.
West Flooring agrees to notify the customer if there are any changes to the materials used or date of installation, and to not continue with any work until the customer approves the changes.
The customer agrees that moving furniture by West Flooring will incur additional charges.
The customer agrees to remove fragile items and disconnect electronic equipment prior to installation.
If the customer chooses to move all furniture or remove existing flooring themselves prior to installation but fails to do so completely, there will be an additional charge.
The customer agrees that the quarter round that is installed, with the exception of the stainable quarter round, comes primed white and will not be painted by West Flooring.
Customer understands that there may be additional charges if floor preparation is required at the time of installation. This can only be determined when the existing floor is removed. There
will be additional charges to cut off any doors that do not clear the new flooring. The choice to cut doors lies with the installer. West Flooring agrees to remove all materials and debris from
the job site upon completion of work. West Flooring will leave the flooring installed in a clean condition, however, the customer should expect that dust resulting from the installation will settle and may appear on the floor a day or two after project completion.
West Flooring and the customer agree that all installations are guaranteed for two years from the date of installation.
Customer agrees to pay all attorney fees plus court costs in the event the balance due is sent to collections.
Customer agrees that by giving a deposit and/or proceeding with the project the customer agrees to West Flooring’s terms and conditions.
Use of Site
This website is provided solely for the use of current and future customers or clients of West Flooring Sales to provide you with information about our company, to use our services for educational purposes, and to enable you to contact us with any questions or comments that you may have related to the Content of this website. Any other use of this site is prohibited.
Site Contents and Ownership
The information contained on this site, including all designs, writings, graphs, data, and other materials (Materials or Content) are the property of West Flooring Sales and are protected by copyrights, trademarks, trade secrets, or other proprietary rights. Permission is granted to view, copy, download, and print portions of this site solely for the purposes of using this site for the authorized use described above. You may not distribute the Contents without providing credit to West Flooring Sales. You shall comply with all copyright laws worldwide in your use of this website and prevent unauthorized copying of the Contents. Except as provided in this Notice, West Flooring Sales does not grant you any express or implied right in or under any patents, trademarks, copyrights, or trade secret information.
Disclaimer of Warranty
You expressly agree that use of this website is at your sole risk. Neither West Flooring Sales, its affiliates, nor any of their officers, directors, employees, agents, third-party content providers, or licensors (collectively, “Providers”), or the like, warrant that this site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of this site, or as to the accuracy, completeness, reliability, security, or currency of the Materials. West Flooring Sales does not warrant or represent that the use of the Materials will result in you or your business or website achieving a certain result or performing in a certain way.
The Materials may contain errors, omissions, inaccuracies, or outdated information. Further, West Flooring Sales does not warrant the reliability of any statement or other information displayed or distributed through the site. West Flooring Sales reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the site. West Flooring Sales may make any other changes to this site, the Materials and the products, programs, or services described in this site at any time without notice.
Americans with Disabilities Act (ADA) Disclaimer
Our Website Accessibility
West Flooring Sales is committed to providing an accessible website. If you have difficulty accessing content, viewing a file on the website, or notice any accessibility problem, please contact West Flooring Sales to specify the nature of the accessibility issue and any assistive technology you use. West Flooring Sales will strive to provide the content you need in the format you require.
We welcome your suggestions and comments about improving ongoing efforts to increase the accessibility of this website.
How to Contact Us for Assistance
Call our office directly to speak with a representative:
- Phone: (706) 864-7360
Send us an email requesting more information:
As a convenience to you, we may provide on this site links to websites operated by other entities (collectively the “Linked Sites”). If you use any Linked Sites, you will leave this site. If you decide to visit any Linked Site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Linked Sites, regardless of the linking form (e.g., hotlinks, hypertext links, IMG links) are not maintained, controlled, or otherwise governed by West Flooring Sales. The content, accuracy, opinions expressed, and other links provided by Linked Sites are not investigated, verified, monitored, or endorsed by West Flooring Sales. West Flooring Sales does not endorse, make any representations regarding, or warrant any information, goods, and/or services appearing and/or offered on any Linked Site, other than linked information authored by West Flooring Sales. Links do not imply that West Flooring Sales or this site’s sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through the links, or that any Linked Site is authorized to use any trademark, trade name, logo or copyright symbol of West Flooring Sales or any of its affiliates or subsidiaries. Except for links to information authored by West Flooring Sales, West Flooring Sales is neither responsible for nor will it be liable under any theory based on (i) any Linked Site; (ii) any information and/or content found on any Linked Site; or (iii) any site(s) linked to or from any Linked Site. If you decide to visit any Linked Sites and/or transact any business on them, you do so at your own risk. West Flooring Sales reserves the right to discontinue any Linked Site at any time without prior notice. Please contact the webmasters of any Linked Sites concerning any information, goods, and/or services appearing on them.
Controlling Law, jurisdiction, and International Users
This Agreement is governed by and shall be construed in accordance with the laws of the State of Georgia, U.S.A., without reference to its conflict-of-law provisions. West Flooring Sales makes no representation that the materials are appropriate or available for use outside the United States. If you access this site from outside the United States, you will be responsible for compliance with all local laws. You agree to comply with all laws and regulations applicable to your use of this site. You agree to submit to the personal and exclusive jurisdiction of the state or federal courts located within Lumpkin County, Georgia for any disputes with West Flooring Sales arising out of your use of this site.
Dispute Resolution and Arbitration Agreement
a. West Flooring Sales is committed to participating in a consumer-friendly dispute resolution process. This Dispute Resolution and Arbitration Agreement shall apply if your (i) Country of Residence is in the United States; or (ii) your Country of Residence is not in the United States, but bring any claim against West Flooring Sales in the United States.
b. Pre-Arbitration Dispute Resolution and Notification. Prior to initiating an arbitration, you and West Flooring Sales each agree to notify the other party of the dispute and attempt to negotiate an informal resolution to it first. We will contact you at the email address you have provided to us; you can contact West Flooring Sales management team by emailing them at [email protected]. If after a good faith effort and no less than thirty (30) days, the negotiations are unsuccessful, then the parties shall engage in 1) dispute resolution with the State bar where the attorney is licensed to practice 2) arbitration with the party intending to pursue arbitration notifying the other party via email prior to initiating the arbitration. In order to initiate arbitration, a claim must be filed with the AAA and the written Demand for Arbitration (available at www.adr.org) provided to the other party, as specified in the AAA Rules.
c. Agreement to Arbitrate. You and West Flooring Sales mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement or interpretation thereof between you and West Flooring Sales, or to the use of the West Flooring Sales Service (collectively, “Disputes”) will be settled by binding arbitration (the “Arbitration Agreement”). The parties shall mutually agree to a sole Arbitrator. If the parties cannot mutually agree, an Arbitrator will be chosen for them by AAA. If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and West Flooring Sales agree that the arbitrator will decide that issue
d. Exceptions to Arbitration Agreement. You and West Flooring Sales each agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) Any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) Any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack).
e. Modification to AAA Rules – Arbitration Hearing/Location. In order to make the arbitration most convenient to you, West Flooring Sales agrees that any required arbitration hearing may be conducted, at your option, by telephone, online, or based solely on written submissions; (b) the arbitration may not involve any personal appearance by the parties unless otherwise mutually agreed by the parties. Each party has the right to present witnesses at arbitration in favor of their case.
f. Modification of AAA Rules – Attorney’s Fees and Costs. You and West Flooring Sales each agree that either party may be entitled to seek an award of attorney fees and expenses if they prevail in arbitration, to the extent provided under applicable law and the AAA rules.
g. Arbitrator’s Decision. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim. The Arbitrator’s decision is final and binding on all the parties.
h. Jury Trial Waiver. You and West Flooring Sales acknowledge and agree that we are each waiving the right to a trial by jury as to all Disputes that are agreed as disputes being dealt with by arbitration.
i. No Class Actions or Representative Proceedings. You and West Flooring Sales acknowledge and agree that we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding as to all Disputes. Further, unless you and West Flooring Sales both otherwise agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If this paragraph is held unenforceable with respect to any Dispute, then the entirety of the Arbitration Agreement will be deemed void with respect to such Dispute.
j. Severability. In the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.
k. Changes and/or Revisions. Notwithstanding the provisions (“Modification of these Terms”), if West Flooring Sales changes this Section (“Dispute Resolution and Arbitration Agreement”) after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email) within three (3) days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Contract Counsel’s notice to you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and West Flooring Sales in accordance with the provisions of the “Dispute Resolution and Arbitration Agreement” section as of the date you last accepted these Terms (or accepted any subsequent changes to these Terms).