SIMPLY DYNAMIC FLOORS LTD

Thank you for choosing SIMPLY DYNAMIC FLOORS LTD to bring new life to your home. We very much appreciate the opportunity, and we are committed to excellence in our work. The following is our agreement regarding the installation of materials purchased from SIMPLY DYNAMIC FLOORS LTD as well as our Wood Floor Refinishing Services.  This agreement is also regarding the installation of materials not purchased from SIMPLY DYNAMIC FLOORS LTD. For value received, you (customer/homeowner/client) and we, SIMPLY DYNAMIC FLOORS LTD and our affiliated parties, agents and sub-contractors; agree as follows:

INTERPRETATION

In these conditions “Company” means “Simply Dynamic Floors” of Calgary, Alberta, Canada.

“Estimate” means the quote provided to the Customer by the Owner or associates of the company detailing the service that are provided by the Company.

“Customer” means the person(s) named in the Estimate.

“Goods” means the products described in the Estimate.

“Contract” means the accepted Estimate and all items listed on the Estimate.

PAYMENT

• • Customer will be responsible for all fees as per the contract upon completion of the installation of the product(s) as outlined in the estimate. Customer is expected to pay the balance to Simply Dynamic Flooring immediately after work is completed upon receiving invoice.  If there are any deficiencies that are noticed between work completion and payment of invoice, payment of 90% of the invoice is required and Customer must inform Simply Dynamic Floors in writing.  Deficiencies will be scheduled for completion at the earliest convenience for both the Customer and Company. Remainer of balance to be paid upon completion of deficiencies.
  • The deposit is due at the time of order acceptance unless otherwise agreed to in writing. The deposit amount will be outlined in the Estimate and payment must be made prior to ordering goods and materials
  • Jobs done in phases will be invoiced for work completed to date. 
  • Payment will be accepted in the form of Cash, Cheque or E-Transfers. Credit card payments are subject to a processing fee of 3%. E-Transfers should have the Invioce# in the description
  • Upon making any payment to Company for any reason, Customer is acknowledging that they have read and understood the Terms and Conditions unless otherwise stated in writing dated before the payment
  • NOTE: If your account is more than 7 days overdue you agree to the balance being charged to your credit card or processed by electronic check if available.
  • Any accounts outstanding 14 days after installation will be subjected to 2.5% interest monthly
  • Unpaid balances may be secured by lien on property title after 30 days unless previously agreed upon by all parties.

• Accounts that require a collection agency or that must be taken to court, the customer will be responsible for all court and collection fees associated with the account. Accounts that go to litigation risk a lien being placed on the property

DELIVERY

• All flooring will be delivered to customers on the day of installation unless otherwise determined in advance.
• Simply Dynamic Floors does not always provide the flooring product, therefore, any concerns with the product purchased elsewhere will need to be discussed at the place or purchase.  For concerns about products purchased from our Company, you will contact us in writing.

 FLOOR COVERINGS & INSTALLATION

• The description of the flooring we are installing for you is detailed in your Estimate/ Invoice. By signing below, you indicate that you have reviewed the Estimate/ Invoice closely and that the details are all correct. SIMPLY DYNAMIC FLOORS LTD is authorized to receive the flooring from the manufacturer on your behalf as your authorized agent and retailer.
• New floors should be inspected from 3ft away, in a standing position, with overhead lights on and window coverings closed. Inspecting floors lying down, using canned lights, flashlights, magnifying glass or with glare from windows is not an acceptable method. 
• When floors are site finished by hand, they may contain a slight amount of particulate such as dust, hair, sanding marks and finish marks. This occurs as part of being a hand-built product in an open environment. We work very hard to minimize any imperfections. It is important for our clients to understand that allowances are made both by the NWFA (National Wood Flooring Association) and the manufacturers of the finishes and to have reasonable expectations for a finished floor. Industry standards allow for a very small amount of sanding marks, buffer swirl marks and applicator marks. We take great care to smooth and level to the degree possible whatever imperfections may appear on the floor, but it’s important to us to maintain the structural integrity of the floor. Handcrafted work of any kind should and will show unique signs that it is handcrafted. Some permanent marks like deep water stains and urine spots may not come off when floor is refinished. Upon request and with additional charges we can replace the damaged boards and further proceed with the refinishing process.
• In the case that the Company is engaged to move furniture on the Customer’s behalf the Customer is still required to move small, valuable, breakable, and electrical goods. Every care will be made to protect all items, though, Simply Dynamic Floors cannot be held responsible for any broken or damaged items during the moving process.
• The Company’s Installers will make every effort to prevent walls, baseboards, doors, and other general areas within the home from damage while they are on the property. Company will not be held responsible for damage that occurs in the home, though, any concerns of damage should be in written form and sent to Company for review.
• The Company reserves the right to change installation quotes based on the customer changing the requirements of the installers.  Should a customer change the requirement the day of the installation, or without adequate time for an adjustment, the Company reserves the right to charge a “Change Order Fee” of $150 (One hundred fifty dollars) to cover incurred costs.  Should a customer request the installers move furniture the day of the installation, Company will notify the customer of additional cost for their approval prior to starting any work.
• It is assumed that the sub floor beneath the flooring, unless otherwise stated, is in good stable and sound condition.  The Company is not responsible for subfloor that is damaged, has mold, or otherwise unusable when our installers remove the existing flooring. Additional charges will apply for repairs and/or replacement of sub floor. The installer will not know the condition of the subfloor until the existing flooring is removed.
• Any decision based on esthetics, such as which way the pattern should go, and pile of carpet and seams will be left to the discretion of our installation teams.
• All areas that are to have flooring installed must be free and clear of any tools from any other tradespeople working within the property.

WARRANTY

• Simply Dynamic Floors will warrant all installation work for one year after the installation date.
• This warranty will cover any flooring defects or problems directly related to the installation of the flooring,
• Simply Dynamic Floors does not warrant any of the following:
  • Visible carpet seams that are required for installation.
  • Hardwood Floors: Gapping between boards or issues that are due to moisture or humidity.
  • Gapping between boards due to expansion and contraction of flooring.
  • Moisture or humidity related issues regarding any flooring type.
  • Damages caused by fire, flood, water, spills, toxins, natural disaster or improper cleaning.
  • Sheet Vinyl Flooring: Visible seams that are required for installation.
  • Squeaks, Creaks or noises.
  • Chips, Dents, Warping, Dings prior to completion.
  • Any damage because of negligence from anyone except Simply Dynamic Floors. 

FLOOR PREPARATION & ASSOCIATED CHARGES

• We are unable to accurately quote any necessary floor preparation until the existing flooring has been removed. SOME ADDITIONAL CHARGES SHOULD BE EXPECTED AFTER WE REMOVE THE EXISTING FLOORS. If additional floor preparation is required, the installer and/or salesperson will communicate the need and the expected cost for the work. We will add these charges to the Job Completion Certificate and send them to you to sign acknowledging the charges and make payment unless other arrangements are made in writing.

NATURAL PRODUCTS

• Wood: No two floorboards will be identical. Variations in appearance are completely normal. As your floor ages, some color change will occur, especially with exotic woods. This photosensitivity is normal but can be minimized by limiting exposure to direct sunlight and periodically moving furniture and rugs. Wood is a hygroscopic material. This means when wood is exposed to air it will dry out or pick up moisture until it is in equilibrium with the humidity and temperature of the air. Cracks are normal as well and will appear and disappear between floorboards during seasons of high and low humidity. We recommend a constant 35%-50% humidity level year-round to minimize floor movement. Neglecting the suggested humidity levels will result in voiding the wood and labor service warranty.            
• Other: Products made from natural materials (stone tile, ceramic tile, wool, real linoleum, etc.) have natural variations. Marble has marbling. Ceramic tile is made from clay, which has natural variations in color and glazing. Wool is a natural product that has natural color variations. As a result, you should expect variations. These natural variations are not defects, and no refund or replacement will be made for natural products that have normal color, texture, and appearance variations.

FURNTURE, FIXTURES & PERSONAL BELONGINGS

• If your invoice includes our crew moving furniture the following are agreed to:
• Dressers must be cleared on top and inside, mirrors removed.
• Beds must be stripped and disassembled. You are responsible for putting them back together. Our crew will not move electric or otherwise adjustable beds. These must be removed from work areas prior to installers’ arrival.
• We do not move items which we determine are of an unwieldy or dangerous nature including, but not limited to, fish tanks, waterbeds, guns, pool tables, grandfather clocks, pianos, and organs.
• Quotes on moving fish tanks, waterbeds, pool tables, grandfather clocks, pianos, and organs can be given but will be performed by a 3rd party.
• We charge for furniture moving by the room. A room consists of approximately 3-4 items such as a couch, loveseat, and a coffee table. Excessive furniture or belongings will be billed additionally.                                 
• Strip your beds of sheets and linens. Empty bookcases, China cabinets, fridges, etc. Please remove all decorations and smaller items that you can safely do on your own. All laundry, toys, decorations, and other belongings need to be removed from work areas prior to the installer’s arrival. Our crew will move items that require two people to move.
• We do not move items that are fixed to the floors, walls, or ceilings.
• OUR INSTALLERS ARE CAREFUL WHEN MOVING ITEMS, HOWEVER, ALL ITEMS ARE MOVED AT THE CLIENT’S OWN RISK. WE DO NOT ACCEPT RESPONSIBILITY FOR ANY LOSS OR DAMAGE INCURRED.
• ANY FURNITURE OR BELONGINGS NOT REMOVED FROM WORK AREAS PRIOR TO INSTALLERS ARRIVAL WILL RESULT IN ADDITIONAL CHARGES AND/OR RESCHEDULING OF INSTALLATION.

ELECTRONICS & ELECTRICAL FIXTURES

• Our installers do not unhook or re-hook any electronic equipment.
• Our installers do not unhook or re-hook any appliances that are hardwired. You will need to hire an electrician to do so.

PLUMBING

• Our installers do not disconnect or reconnect gas stoves, toilets, ice makers, gas dryers etc. You may hire a plumber to perform this work, or you may do it yourself. There may be additional charges if there are corroded materials, new flanges needed etc.
• In some circumstances or situations our crew will remove toilets. These will be charged on your invoice. We are not responsible for any loss or damage caused by our crews performing this work.
• You are responsible for having all gas and water lines turned off and disconnected prior to our crew’s arrival.

 ADULT PRESENCE

• An adult aged 18 or over must be present to let the installers in.
• If you will not be home while the installation is being completed, we must have cell phone access in case questions or problems come up while the installation is in progress. If we are not able to reach you, we may make a reasonable decision on how to proceed, which could mean additional charges such as additional floor preparation, etc.; or choosing between one of two or more possible ways to finish the flooring project. We cannot have crews sit idle if we cannot reach the homeowner. You agree that you are responsible for the cost of additional work, or for the appearance of the job because our installers chose to finish flooring one way instead of an alternative method, and we were not able to reach you.

PETS

• The homeowner is responsible for securing all pets prior to the crew’s arrival and for the duration of the installation. We are not responsible for pets during the duration of our work.

UTILITY SERVICES & ROOM TEMPERATURE

• Electrical power must be available at the job site.  Finished lighting should be installed for accurate and precise installation.  If lighting is not installed and a problem occurs, you agree that you are responsible for the cost of additional work, or for the appearance of the job due to insufficient lighting.
• Carpet: Job site must be acclimated to a minimum of 67 degrees for 3 hours before, and during, and after the installation.
• Hardwood: Job site must be acclimated to normal living conditions 3 days before the wood is delivered to the job site and then for the life of the floor.
• The water service must be on and in working order, if not, extra charges may occur for time spent and/or supplying our own water.

REMOVAL OF EXISTING FLOORING

• Removal and disposal of any existing flooring is not included with your order unless specifically itemized in the Invoice/Estimate.
• Removal of glued carpet: We will quote you a basic price for this work, however we cannot be held responsible for unforeseen situations. If the glue on the existing carpet is extremely aggressive or if, in the process of removing it, there is damage to the subfloor that must be repaired before continuing with the installation, we reserve the right to charge for the extra costs of additional labor and materials. Any additional work and charges will be discussed with the homeowner prior to work taking place.
• Removal of wood floors, tile or vinyl: We will quote a basic price; however, the price could rise due to unforeseen circumstances. Any additional work and charges will be discussed prior to work taking place.
• We are not licensed or certified to remove flooring or house components containing lead paint or asbestos.
• If extra charges apply, you will be notified at once and you have the option of paying the additional money or doing the work yourselves. There will be no refund of the materials ordered to do the job.
• We cannot be held responsible for unknown circumstances. Our professional installers make every effort to include every item we can foresee. For example, it is impossible to know if or how much leveling a sub-floor may be required before the existing floor is removed. If leveling is required, an additional charge may apply. Other such circumstances may arise from time to time.
• If we are not able to reach you, we may make a reasonable decision on how to proceed, which could mean additional charges such as additional floor preparation, etc.; or choosing between one of two or more possible ways to finish the flooring project. We cannot have crews idled because we cannot reach the homeowner. You agree that you are responsible for the cost of additional work, or for the appearance of the job because our installers chose to finish flooring one way instead of an alternative method, and we were not able to reach you.
• For health reasons, our installers reserve the right to refuse to pull up urine or feces-soaked floors or any other condition that may be detrimental to their health. Additional charges will apply.

STAIRS

• There are many ways to install carpets on stairs. Be sure to discuss with your Salesperson which method you would like us to use. If the method of installation is not specified on the invoice, then we will use our discretion for the best method.
• Custom work: It is best to (A) discuss with the salesperson and (B) be there whilst the installer is doing the work so specific concerns can be addressed.
• SIMPLY DYNAMIC FLOORS LTD and our sub-contracted crews do not build or rebuild staircases. When purchased by you, our company provides the floor covering of the existing staircase structure. We do our very best to discover and correct imperfections on the existing staircase, but we can’t be held responsible for any imperfections that may result from a poorly built staircase structure. We are only responsible for the integrity and quality of the floor coverings we supply for the existing staircase. Faulty structures may result in unleveled steps, squeaks and abnormal gaps between risers, treads, and the wood sides of the existing staircase. Our company may choose to caulk a few abnormal gaps, but it is the duty of a professional painter to caulk and paint risers and sides after the flooring work is complete.

SEAMS

• We guarantee professionally constructed, durable seams. Professionally constructed seams are not invisible seams. There are many factors affecting whether a seam will be visible including but not limited to the type and amount of natural or artificial lighting in the room, the thickness, construction, and color of the carpet.

WASTE

• Manufacturers recommend adding a waste % onto the product.  The Company adds anywhere from 5-25% waste onto the product, depending on the material.  Waste percentage is the responsibly of the Customer and added to the installation price.  Though the Company does its best to minimize the waste, it cannot guarantee all situations and needs to make sure that enough product is provided without causing delays. 

• Extra boxes will be the responsibility of the customer to store.  We recommend 2-5% of the materials be left over for future repairs.  The Company takes no responsibility if there is more or less than the recommended amount.  

• Boxes may be taken back by the manufacturer at the manufacturer’s discretion, the terms of the return will determined by the manufacturer and not the Company.

 BASE SHOE & TRANSITIONS

• Base should be removed for the best flooring installation.
• We offer 1 color of pre-finished base shoe. Your Invoice/Estimate will state the selected color. These colors are intended to be coordinating rather than matching. If you select White Primed base shoe, you are responsible for painting it after we have completed the installation unless otherwise specified.
• If we are removing and re-installing your existing base shoe, we are not responsible for the damage or loss resulting from removal/installation. Often older base shoe is brittle and will crack when removed. Painted base shoe will need to be caulked and repainted by you after completion.
• The transitions available are coordinating, not matching. We do not guarantee or imply that transitions ordered will be an exact match to your floor. Once ordered and received we are unable to accept returns or make refunds based on the color received.

PAINT

• Some walls or baseboard surface scratching will occur from the rough backing of the carpet or the installation tools. Paint touch-ups are the homeowner’s responsibility.

• It is the recommendation of Simply Dynamic Floors that all painting should be completed after the flooring has been installed. Should customers decide to paint prior to the installation of the flooring, Simply Dynamic Floors will not be held responsible for any damage incurred while installers are on the property.
• If paint is done prior to installation, Simply Dynamic Floors recommends Customer to have their painters do touch-ups after flooring installation.

 DOORS

• If the doors need to be cut down, we will remove the doors.  Then it will be the Customers choice if they will cut down and re-install or if they would like us to cut and reinstall, for a fee and job specific.
• Closet doors will be taken off and reinstalled by the installer, to the best of their abilities. Minor adjustments may be made but may need to be fine-tuned by the customer.  Closet doors that do not fit due to height differences will be responsibility of Customer to fix.
• OUR INSTALLERS ARE CAREFUL WHEN HANDLING DOORS, HOWEVER ALL DOORS ARE REMOVED/REINSTALLED AT THE CLIENT’S OWN RISK. WE WILL NOT ACCEPT RESPONSIBILITY FOR ANY LOSS OR DAMAGE INCURRED.

 HIDDEN WIRES OR OTHER UNUSUAL CONDITIONS

• In the event the consumer has wires or other conditions hidden under their existing floor or in the walls we must be notified of this fact prior to our pulling up the existing floor or walls. We are not responsible for damage to any wires, pipes, etc. 

PATTERNED CARPET

• No pattern is without skew. No room is perfectly square. We do our best to get the most pleasing look in the room, but some run off is possible.

SCHEDULED INSTALLATION TIMES

• Estimated arrival and finish times are only a guide. Many circumstances during the day can cause our crews to run ahead or behind schedule. You will be notified if this happens.

 DEFECTIVE FLOORING

• In the rare circumstance that the product arrives and is damaged, we will make it a top priority to replace the materials expeditiously.  We will file a claim with the manufacturer and work through their claims process as quickly as their system allows. Ultimately the manufacturer will decide the outcome of the claim. You and SIMPLY DYNAMIC FLOORS LTD agree to adhere to the manufacturers’ claim findings. You agree not to hold SIMPLY DYNAMIC FLOORS LTD liable for any additional costs related to the manufacturer’s claim decision.
• Monetary compensation is not provided for lost wages, lost revenue, or any other contingency, including, but not limited to, the cost of other contractors, the cost for alternate accommodation or psychological distress.

 JOB COMPLETION

• Our installers will clean up and remove all job-related trash, except for larger pieces of hard surface flooring, which you may want to keep for future use. We intentionally add waste to each order to have enough for installation without running short. Each situation is different, and waste usage can vary widely. We do not accept returns or make refunds of any extra materials left from your job.
• Our crews will remove and haul away any large scraps and job site debris. Vacuuming and cleaning of your new floors is your responsibility.
• You may be issued a Completion Certificate upon job completion. By signing that you agree that we have performed all work as outlined and provided the materials purchased.

CANCELLATION POLICY

• Once installation is scheduled, it can only be rescheduled before 12:00p.m., 3 business days(Monday through Friday) prior to the scheduled date.  A $250.00 fee will be assessed for late cancellation/rescheduling that occurs after the above timeframe.
• There are no returns or refunds of special-order materials. And there are no returns or refunds of cut or installed flooring.

MAINTENANCE

• Proper maintenance is essential for the best results and warranty service. You can find maintenance instructions for all products on the manufacturers website or ask your Salesperson for a link. You agree to follow maintenance and care instructions. Do not use plastic over flooring to “protect it”. This can damage your floor and void your warranty. For all floors, the use of shades or curtains will minimize the possibility of damage due to UV radiation and may be required by the manufacturer’s warranty. It is the responsibility of the customer to find and adhere to all manufacturer requirements for care, maintenance, warranty, etc. SIMPLY DYNAMIC FLOORS LTD can and will provide such documents upon written request.

 MISCELLANEOUS TERMS

• No other agreement, except as otherwise mutually agreed in writing, this Flooring Installation Agreement and the incorporated Sales Order/Invoice/Quote/Estimate are the complete agreement of the parties and supersede all other agreements or understandings, written or oral.
• Indemnification: Our liability for damage caused by our negligence or that of our subcontractors/agents shall be limited to the applicable policy limits of our liability insurance.
• Terms of Payment. In addition to the terms stated above, you agree to pay all costs of collection, whether we enforce a lien or otherwise file a suit, including without limitation all attorney’s fees, filing fees, and court costs as they are billed by us. Such unpaid additional costs shall be subject to interest at 2.5% per month until paid.
• Limitation of Damages. We will not be liable for any delay in performing any work or providing any materials hereunder, or any cessation of or interruption of services, including but not limited to those arising out of fire, flood, explosion, war, strike, power blackout, nature, civil or military authority, inability to obtain labor or materials or reasonable substitutes therefore, terrorist threats or activities or any other cause beyond our reasonable control or acts of God.
• Limitation of action. Except for claims for overdue balances, any other lawsuit hereunder shall be brought within one (1) year of completion of our installation notwithstanding any other statute of limitation that would otherwise apply.
• Choice of Law. This Agreement shall be governed by the laws of the Province of Alberta and any local governing associations without giving effect to any choice of law or conflict of law provision or rule (whether of the Province of Alberta or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the Province of Alberta.
• Successors and assigns. Your rights hereunder may not be assigned to a third party.
• Authorship. The parties agree that this Agreement has been negotiated and drafted by them equally and that neither party shall have the benefit of an adverse inference being drawn against the other party.
• Severability. If any provision herein should, for any reason, be construed by a court of competent jurisdiction to be invalid or unenforceable, all other provisions shall remain in full force and effect and be construed to make this Agreement enforceable to the maximum extent allowed by law.
• Counterparts; Facsimile. This Amendment may be executed in counterparts, each of which, when so executed and delivered, shall be taken together to be an original; but such counterparts shall together constitute one and the same document. Facsimiles shall have the force of an original.
• LIMITATION OF REMEDIES AND DISCLAIMER OF WARRANTIES. WE WILL NOT BE LIABLE IN ANY CASE FOR ANY LOSS OF USE, LOST PROFITS, SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES. IN NO EVENT SHALL OUR LIABILITY EXCEED REIMBURSEMENT OF ANY MONIES PAID BY YOU UNDER THIS AGREEMENT AND THIS SHALL BE YOUR EXCLUSIVE AND SOLE REMEDY FOR ANY CLAIM HEREUNDER. THE FOREGOING LIMITATION SHALL NOT APPLY TO CLAIMS FOR PERSONAL INJURY. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

This Revision supersedes any previous revisions dated prior to June 6, 2025