At Floor Daddy, LLC (“Floor Daddy”) we strive to provide the highest level of care and service when delivering our flooring solutions in your (our “Customer”) home.  We aim to fulfill each Customer’s installation by offering budget-friendly flooring solutions through various promotional offers and other discount programs that may be modified or discontinued at any time.  Promotions or discounts are not combinable with other sales, promotions or discounts unless specifically noted that such promotion or discount is combinable with another sale, promotion or discount.  Promotions and other discount offerings are not applicable to commercial flooring projects.  Such promotional offers and other discounts are limited to one promotion or discount per household, are only valid at the time of the initial flooring consultation, and only apply to in-stock products.

Promotional Offers and Discounts Disclaimers

Percentage Discount Promotions. Percentage discount promotions are only valid at the time of the initial flooring consultation, only apply to in-stock products, and are only applied against the price of the base material.  To qualify for a percentage discount promotion, Customer must purchase at least two rooms or more for their installation project.  Notwithstanding the foregoing, Floor Daddy may require more than two rooms to be purchased in an installation project to qualify for a percentage discount in Floor Daddy’s sole discretion. Percentage discounts will not be applied against underlayment, moldings, assorted installation items, nor will percentage discounts be applied against labor associated with Customer’s installation project.

Complimentary Furniture Moving. Floor Daddy provides complimentary furniture moving services for reasonable standard furniture and other household items.  Such furniture moving services is a promotion only available during initial consultations and, if offered, will only apply to the room or rooms Customer is requesting flooring installation services in. Oversized furniture, large appliances, and/or any items deemed hazardous will incur additional fees.  Floor Daddy will not be liable for damages that may be caused while providing complimentary furniture services when Floor Daddy is exercising reasonable care in the performance of such complimentary furniture moving services.  Floor Daddy may refuse to move certain pieces of furniture, appliances or other household items if Floor Daddy determines that doing so would be unsafe to Floor Daddy employees/contractors, if it would be unsafe to Customer, or if moving any of the foregoing poses an unreasonable risk.

Referral Program. For each successful referral Customer provides to Floor Daddy that results in a completed and fully paid flooring installation project, Floor Daddy will provide the referring Customer with a referral fee equal to 5% of the total sale amount, excluding sales tax, of the flooring installation project referred to Floor Daddy (the “Referral Fee”). Any such Referral Fee is capped at, and will not exceed, 10% of the total profit realized on the flooring installation project referred to Floor Daddy. Floor Daddy’s referral program is subject to change at any time in Floor Daddy’s sole discretion without prior notice to Customer.  Customer is solely responsible for tracking referrals and submitting written claims to Floor Daddy for any Referral Fees.  Failure of Customer to submit a written claim for any potential Referral Fee within 30 days of completion of the flooring installation project will be deemed a waiver of the Referral Fee by Customer.

Lowest Price Guarantee. Floor Daddy will match or beat any competitor’s verifiable written estimate for equivalent flooring products.  Estimates must be dated within thirty days of the initial flooring consultation and be presented no less than 72 hours prior to commencement of Customer’s flooring installation project. The Lowest Price Guarantee is only applicable for in-stock items and includes all related charges including labor. The Lowest Price Guarantee is not applicable to commercial flooring projects.  Floor Daddy reserves the right, in its sole and absolute discretion, to reject a competitor’s estimate if Floor Daddy deems such estimate invalid, fraudulent and/or non-comparable.

Fix-It-Free Guarantee. Floor Daddy offers a one-time complimentary “Fix-It-Free” guarantee whereby Floor Daddy will repair flooring installed by Floor Daddy that is damaged, provided such damage is not related to water exposure. Customer is solely responsible for submitting a written request to Floor Daddy with Customer’s written claim to repair damaged flooring.  Failure of Customer to submit a written claim within 365 days of completion of the flooring installation project will be deemed a waiver of the “Fix-It-Free” guarantee by Customer.

General Disclaimers

Force Majeure.  Floor Daddy shall not be liable for any failure or delay in performing its obligations to Customer if and to the extent that such failure or delay is caused by a “Force Majeure” event. A Force Majeure event means, in relation to either party, any event or circumstance beyond the reasonable control of that party including, but not limited to, act of God, fire, explosion, flood, epidemic, power failure, governmental actions, war or threat of war, acts of terrorism, national emergency, riot, civil disturbance, sabotage, labor disputes and strikes.  In the case of a Force Majeure event, Floor Daddy shall use all commercially reasonable efforts to recommence performance of its obligations to Customer as soon as reasonably possible. Unforeseen delays such as weather conditions or supply chain disruptions may impact delivery timelines. Floor Daddy is not responsible for any resulting losses or damages if there are unforeseen delays outside of Floor Daddy’s control. If due to a Force Majeure event, the as-purchased price of material increases by more than 10% from its cost at the time of the initial flooring consultation: (a) Floor Daddy shall be entitled to an equitable adjustment to the contract price through an appropriate contract modification, unless (b) Customer and Floor Daddy agree to equitably adjust those contractual obligations yet to be performed by each party through an appropriate contract modification, setting forth the revised basis for continued performance, including price and time. Floor Daddy shall have the burden to prove the aforementioned percentage increase by providing documentation reasonably demonstrating such increase.

Asbestos and Hazardous Materials.  If, at any time, asbestos and/or any hazardous material is suspected to be present or is at any time discovered before or during Customer’s installation project, Floor Daddy will immediately suspend installation services until Customer has successfully remediated the asbestos and/or other hazardous material.  Customer will be required to provide Floor Daddy with a written report provided by a licensed asbestos abatement company evidencing asbestos has been properly removed from the premises. Floor Daddy will not be liable for any costs associated with such asbestos abatement or removal.  Floor Daddy will not be liable for any costs associated with treatment or removal of any other hazardous materials.  Floor Daddy will not be liable for any consequential damages of any kind or nature that may be caused if Floor Daddy suspends Customer’s installation project as a result of discovering asbestos and/or any other hazardous material.

Financing.  Deferred interest for twelve months is available to qualified buyers. Financing is provided through third-party lenders, and all financing terms are subject to credit approval and the approval by the third-party lender.  Financing offers cannot be combined with other promotions and are not valid on prior purchases.

Collections and Legal Fees.  Should collection or legal action become necessary, Customer agrees to cover reasonable costs, including interest (no less than 1.5% per month) on any outstanding balance owed to Floor Daddy by Customer, collection agency fees, and reasonable attorneys’ fees, if applicable.

Limitation of Liability.  No claim by Customer of any kind including, but not limited to, claims for indemnification, whether as to quality or amount of product delivered or non-delivery, shall be greater in amount then the purchase price for the products in respect of which damages are claimed. IN NO EVENT SHALL FLOOR DADDY BE LIABLE TO CUSTOMER FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, STATUTORY, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF USE, LOSS OF TIME, INCONVENIENCE, LOSS BUSINESS OPPORTUNITIES, DAMAGE TO GOOD WILL OR REPUTATION, OR LOSS OF DATA, ARISING OUT OF, OR AS A RESULT OF, THE SALE, DELIVERY, SERVICING, USE OR LOSS OF THE PRODUCTS SOLD HEREUNDER, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED ON BREACH OF CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES COULD HAVE BEEN REASONABLY FORESEEN.

Dispute Resolution. Any dispute, controversy or claim arising out of or related in any way to these Floor Daddy Disclaimers and/or any sale and purchase of products hereunder or any transaction contemplated hereby which cannot be amicably resolved by the parties shall be solely and finally settled by arbitration administered by the American Arbitration Association in accordance with its commercial arbitration rules. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall take place before a panel of three arbitrators sitting in the State of Arizona, Maricopa County. The language of the arbitration shall be English. The arbitrators will be bound to adjudicate all disputes in accordance with the laws of the State of Arizona. The decision of the arbitrators shall be in writing with written findings of fact and shall be final and binding on the parties. The arbitrator shall be empowered to award money damages, but shall not be empowered to award incidental damages, consequential damages, indirect damages, statutory damages, special damages, exemplary damages, punitive damages or specific performance. Each party shall bear its own costs relating to the arbitration proceedings irrespective of its outcome. This section provides the sole recourse for the settlement of any disputes arising out of, in connection with, or related to a flooring installation project commenced by Floor Daddy to Customer.

The foregoing disclaimers are not intended to be exhaustive or all-inclusive. Floor Daddy reserves the right to rely on any and all disclaimers available under applicable law, whether or not such disclaimers are expressly stated herein. Floor Daddy may, in its sole discretion, modify, amend, supplement, or remove any of the foregoing disclaimers, or add new disclaimers, at any time and without prior notice to Customer. Any such changes shall become effective immediately upon posting of the modified disclaimers on Floor Daddy’s website or other method of communication used by Floor Daddy.

Your Comments and Concerns
This website is operated by Floor Daddy, LLC. All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: Floor Daddy, LLC, 3910 S Rural Rd. Tempe, AZ 85282. [email protected], (602) 313-3000.