15.) ENTIRE AGREEMENT. This Contract consists of this document, the document entitled Customer Installation Preparation Guide, my Sales Order, and
also any Change Orders issued during the service period of this contract, and there are no other promises or conditions in any other agreement whether
written or oral concerning the subject matter of this Contract. This Contract supersedes any prior written or oral agreement between the parties.
16.) SEVERABILITY. If any provision of the Contract will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be
valid and enforceable. If a court finds that any provision of this Contract is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.
17.) AMENDMENT. This Contract may be modified or amended orally or in writing, if the writing is signed by the party obligated under this Contract or communicated and accepted orally on the day of installation, when a written signature is unobtainable. (ex; waiving or reducing a customer deposit requirement, discounting a job, issuing Change Work Orders)
18.) GOVERNING LAW. This Contract shall be construed in accordance with the laws of the State of North Carolina. In the event of a dispute, resulting in collection fees, and legal fees associated with collecting an unpaid balance due by the customer, Carpet Smart reserves the right under applicable law to add
interest to the balance due, and recoup attorney, and court fees related to collection of the monetary amounts due to Carpet Smart by the Customer for the
product and services described in this Contract.
19.) NOTICE. Any notice of communication required or permitted under this Contract shall be sufficiently given of delivered in person or by certified mail,
return receipt requested, to the address set for in the Sales Order “Customer” Bill To Address and Contact, or to such other address as one party may have
furnished to the other in writing.
20.) WAIVER OF CONTRACTUAL RIGHT. Failure of either party to enforce any provision of this Contract shall not be construed as waiver or limitation of
that party’s right to subsequently enforce and compel strict compliance with every provision of this Contract.
21.) ASSIGNMENT. Neither party may assign or transfer this Contract without prior written consent of the non-assigning party, which approval shall not be
22.) SIGNATORIES. This Contract shall be executed by a Sales Order with a Customer Signature or email acknowledgement, when signature is unobtainable,
matching the Job Name: Billing Contact on behalf of the Job Site/Location, as indicated on the Customer Sales Order, and by Floorwise Inc. DBA: Carpet