Consumer Rights

 

As you plan for your home repair/improvement project, it is important to ask the right questions in order to protect your investment. The tips in this fact sheet should allow you to protect yourself and minimize the possibility that a misunderstanding may occur.

 

 

Please use extreme caution when confronted with the following warning signs of a potential scam:

(1) Door-to-door salespersons with no local connections who offer to do home repair work for substantially less than the market price.

(2) Solicitations for repair work from a company that lists only a telephone number or a post-office box number to contact, particularly if it is an out-of-state company.

(3) Contractors who fail to provide customers references when requested.

(4) Persons offering to inspect your home for free. Do not admit anyone into your home unless he or she can present authentic identification establishing his or her business status. When in doubt, do not hesitate to call the worker's employer to verify his or her identity.

(5) Contractors demanding cash payment for a job or who ask you to make a check payable to a person other than the owner or company name.

(6) Offers from a contractor to drive you to the bank to withdraw funds to pay for the work.

 

 

(1) Get all estimates in writing.

(2) Do not be induced into signing a contract by high-pressure sales tactics.

(3) Never sign a contract with blank spaces or one you do not fully understand. If you are taking out a loan to finance the work, do not sign the contract before your lender approves the loan.

(4) Remember, you have 3 business days from the time you sign your contract to cancel if the sale is made at your home. The contractor cannot deprive you of this right by initiating work, selling your contract to a lender, or any other tactic.

(5) If the contractor does business under a name other than the contractor's real name, the business must either be incorporated or registered under the Assumed Business Name Act. Check with the Secretary of State to see if the business is incorporated or with the county clerk to see if the business has registered under the Assumed Business Name Act. (6) Homeowners should check with local and county units of government to determine if permits or inspections are required.

(7) Determine whether the contractor will guarantee his or her work and products.

(8) Determine whether the contractor has the proper insurance.

(9) Do not sign a certificate of completion or make final payment until the work is done to your satisfaction.

(10) Remember, homeowners should know who provides supplies and labor for any work performed on your home. Suppliers and subcontractors have a right to file a lien against your property if the general contractor fails to pay them. To protect your property, request lien waivers from the general contractor.

 

 

(1) Contractor's full name, address, and telephone number. Illinois law requires that persons selling home repair and improvement services provide their customers with notice of any change to their business name or address that comes about prior to the agreed dates for beginning or completing the work.

(2) A description of the work to be performed.

(3) Starting and estimated completion dates.

(4) Total cost of work to be performed.

(5) Schedule and method of payment, including down payment, subsequent payments, and final payment.

(6) A provision stating the grounds for termination of the contract by either party. However, the homeowner must pay the contractor for work completed. If the contractor fails to commence or complete work within the contracted time period, the homeowner may cancel and may be entitled to a refund of any down payment or other payments made towards the work, upon written demand by certified mail.

 

Homeowners should obtain a copy of the signed contract and keep it in a safe place for reference as needed.

 

 

If you think you have been defrauded by a contractor or have any questions, please bring it to the attention of your State's Attorney or the Illinois Attorney General's Office. Attorney General Toll-Free Numbers.

 

Carbondale (800) 243-0607

Springfield (800) 243-0618

Chicago (800) 386-5438

 

 

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Date of Contract:

 

You may cancel this transaction, without any penalty or obligation within 3 business days from the above date (contract date). If you cancel, any payments made by you under the contract will be returned within 10 business days following receipt by Contractor of your cancellation notice. If you cancel, you must make available to Contractor at your residence in substantially as good a condition as when received, any goods delivered to you under this contract, or you may comply with the instructions of Contractor regarding the return shipment of the materials. If you make the materials available and Contractor does not pick them up within 7 business days of the date of your notice of cancellation, you may retain or dispose of the materials without any further obligation. If you fail to make the materials available, or if you agree to return the materials and fail to do so, then you remain liable for performance of all obligations under the contract. To cancel this transaction, mail, email or fax by (3 business days from date of contract) a signed and dated copy of this cancellation notice or any other written notice to:

 

Vasile Gheorghe

Fox Valley Remodeling Inc.

525 Tyler Rd., Q2

St. Charles, IL 60174

630-377-6829

630-567-8320 (cell)

 

 

 

I hereby cancel this transaction.

 

 

Date                                            Client Signature

 

 

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The following contains all of the warranty information, plus common sense warranty exclusions,that you'll need to know to maintain your warranties and to keep your new floor looking beautiful for years to come.

 

ANY WARRANTIES WHICH MAY ARISE OUT OF THIS TRANSACTION IN ADDITION TO THE LIMITED WARRANTIES DESCRIBED BELOW, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF QUALITY WORKMANSHIP AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO THE LIMITED WARRANTY FOR RESIDENTIAL FINISH WEAR DESCRIBED BELOW. THIS WARRANTY IS EFFECTIVE FOR 2 YEARS FROM THE COMPLETION DATE. SEE "WARRANTY DISCLAIMERS" SECTION FOR ADDITIONAL INFORMATION.

 

NOTE: Responsibility for final inspection and approval falls to the customer and installer prior to permanent installation. Prior to installation, dry-lay the floor, blending the planks from several cartons to determine optimum appearance and to detect flaws. Fox Valley Remodeling, Inc. IS NOT responsible for any costs associated with repairing or replacing planks with apparent defects after the floor is installed.

 

 

 

 

In the event that the finish wears through or peels off of the hardwood flooring, Fox Valley Remodeling, Inc. will, at our option, either: (1) replace the affected plank(s); (2) recoat the affected area; or (3) refund the purchase price, for the affected area ONLY, prorated over the remaining life of this limited warranty. This is the sole and exclusive remedy under this limited warranty (see below for further details). If Fox Valley Remodeling, Inc elects to refund the purchase price, the base purchase price (from which any prorata calculations shall be made) shall be the amount you originally paid for the flooring, as shown on your original invoice, which invoice you are required to produce. If you are unable to produce your invoice, Fox Valley Remodeling, Inc. will use its standard pricing tables to determine the base purchase price. NOTE that the refund amount DOES NOT include any cost incurred for removal/replacement of cabinets, appliances or other fixtures. NOTE ALSO that this limited warranty extends only for defects that cover at least 10% of the surface area of the installed flooring.

 

DEFINITION OF "REFUND OF THE PURCHASE PRICE"

UNLESS DEFINED ELSEWHERE (E.G., SEE DEFINITION IN SECTION ENTITLED "LIMITED WARRANTY FOR RESIDENTIAL FINISH WEAR", THE TERM "REFUND OF THE PURCHASE PRICE" SHALL MEAN THE FOLLOWING: THE AMOUNT YOU ORIGINALLY PAID FOR THE FLOORING, AS SHOWN ON YOUR ORIGINAL INVOICE, WHICH INVOICE YOU ARE REQUIRED TO PRODUCE. IF YOU ARE UNABLE TO PRODUCE YOUR ORIGINAL INVOICE, Fox Valley Remodeling, INC. WILL USE ITS STANDARD PRICING TABLES TO DETERMINE THE AMOUNT OF YOUR REFUND. NOTE THAT THE REFUND AMOUNT DOES NOT INCLUDE ANY COST INCURRED FOR REMOVAL/REPLACEMENT OF CABINETS, APPLIANCES OR OTHER FIXTURES.

*Improper Environment - Fox Valley Remodeling, Inc. does not warrant against damage caused by manmade or natural disasters, including but not limited to leaking or broken plumbing, landscape watering/irrigation, fire, flood, earthquake, insect infestation or standing water during or after construction. Fox Valley Remodeling, Inc. also does not warrant against: (1) moisture infiltration from sidewalls or from any source other than through the subfloor as stated above under the terms of the limited warranties; (2) normal wearing of the finish in high traffic areas, pivot points and seating areas; or (3) other extraordinary circumstances such as extremehigh or low humidity (below 40% or over 70% for an extended period of time). In extreme low humidity conditions (below 40%), planks may shrink and cup until the humidity returns to a normal level. Surface checks may also be aggravated by extremely high humidity (above 70%).

Natural Sunlight - The sun and its UV rays cause the aging of wood and therefore can cause the stain and/or wood to fade and/or change color. This includes any showroom sample/models. Therefore, fading or discoloration due to exposure to sunlight and its UV rays are not covered by these warranties. Use draperies or shades to help block out most of the sun's harmful rays. Samples or models in the showroom may also fade, making an exact match to new flooring impossible. Custom finishing and staining of interior millwork and/or cabinets should be done from the actual floor to be installed, not a showroom sample, if a color and/or gloss match is desired.

Recoating and Finish Alterations - Alterations to the finish or non-factory-applied finishes (finishes applied by the owner or installer), including but not limited to refinishing or recoating, are NOT part of the finish warranty stated above and therefore ARE NOT warranted by Fox Valley Remodeling, Inc..

Radiant-heated Slabs - Installation over radiant-heating systems is NOT recommended and will void these warranties.

 

 

THE REMEDIES AS MORE FULLY DESCRIBED IN THESE WARRANTIES ARE THE SOLE AND EXCLUSIVE REMEDIES AVAILABLE TO YOU FOR ANY BREACH BY Fox Valley Remodeling, INC. THAT YOU CAN PROVE OF THE EXPRESSED AND IMPLIED WARRANTIES ARISING FROM THIS TRANSACTION. THESE WARRANTIES EXCLUDE CONSEQUENTIAL AND INCIDENTAL DAMAGES, INCLUDING BUT NOT LIMITED TO, REMOVAL OR DAMAGE TO MOLDINGS, CABINETS, BUILT-IN APPLIANCES, CARPETING, DRYWALL, WALLPAPER, AND PAINT. THE REMEDIES IN THESE WARRANTIES EXCLUDE ALL RELOCATION COSTS ASSOCIATED WITH ANY REPAIR OR REPLACEMENT OF THE FLOORING. YOU UNDERSTAND AND AGREE THAT ALL INCIDENTAL AND CONSEQUENTIAL DAMAGES ARE SOLELY YOUR RESPONSIBILITY AND ARE EXCLUDED AS A POTENTIAL REMEDY FOR ANY BREACH BY Fox Valley Remodeling, INC. THAT YOU CAN PROVE OF THE EXPRESSED AND IMPLIED WARRANTIES ARISING FROM THIS TRANSACTION. UNLESS A STATEMENT MADE IN THIS DOCUMENT IS SPECIFICALLY IDENTIFIED AS A WARRANTY, ANY OTHER STATEMENTS MADE HEREIN ARE NOT WARRANTIES AND ARE NOT PART OF THE BASIS OF THE BARGAIN FOR THIS TRANSACTION. ANY AND ALL WARRANTIES, EXCEPT THOSE LIMITED WARRANTIES PROVIDED HEREIN, ARE SPECIFICALLY DISCLAIMED AND EXCLUDED.

 

FOR ADDITIONAL LIMITATIONS ON WARRANTY REMEDIES, SEE THOSE LIMITATIONS LISTED IN THE SPECIFIC SECTION ON EACH LIMITED WARRANTY.

THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF ILLINOIS AND ANY APPLICABLE FEDERAL LAWS OF THE UNITED STATES OF AMERICA. ANY ACTION BROUGHT SEEKING THE RESOLUTION OF ANY CONTROVERSY ARISING OUT OF OR RELATING TO ANY WARRANTIES REFERENCED HEREIN SHALL BE BROUGHT IN THE COURTS OF THE STATE OF ILLINOIS OR IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS.

 

 

During the warranty period, should you have any problems with your Hardwood Floor, please contact Fox Valley Remodeling, Inc. within 30 days from the date the problem occurs. NOTE that Fox Valley Remodeling, Inc. must be given a reasonable opportunity to inspect the floor prior to the determination of any coverage or remedy issue, which shall be no less than thirty (30) days after you report the problem. Your refusal to provide such an opportunity for inspection WILL VOID these warranties. You may also contact Fox Valley Remodeling, Inc. directly through E-Mail for additional assistance.

 

 

 

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