Terms and Use

*the title of the link on the website says terms AND use- that needs to be changed to terms OF use

Please read the terms and conditions carefully before using our site.  The term “user” shall refer to the user who is browsing the site. The term Re-Stair shall refer to Thomas & Company Contractors, Inc. DBA Re-Stair. The term “site” refers to https://www.re-stair.com/ owned and monitored by Re-Stair.

By using our website, you agree to follow and are bound by the  following terms and conditions concerning your use of the site. Re-Stair may revise the Terms of Use at any time without notifying its users. Certain areas of our website may contain a separate, specific terms of use agreement. In the case of these discrepancies, you are bound to the terms of use agreement respective to that section of the website.

Re-Stair may monitor or terminate users’ access to the website at any time for any reason. In the case of termination, provisions regarding the disclaimer of warranties, indemnity, and the accuracy of information shall still apply.

Re-Stair exclusively owns all right, title, and interest in all materials, information, and intellectual property created or developed by or on its behalf. This includes, but is not limited to, content such as software, text, images, graphics, video, and audio. No material from this website may be copied, modified, reproduced, uploaded, posted, or distributed in any form without prior consent from Re-Stair.

All rights not explicitly granted herein are reserved. Unauthorized use of content appearing on this may violate copyright, trademark, and other applicable laws, resulting in civil or criminal penalties. Re-Stair is a registered trademark of Thomas & Company Contractors, Inc. This trademark may not be used in any matter without prior consent from  Thomas& Company Contractors, Inc. DBA Re-Stair.

Re-stair does not make any statements, warranties, or representations of any kind, expressed or implied, regarding the products or fitness concerning any information, data, statements, or products on this website.

Re-Stair is not responsible for any possible damages to a user’s computer system that may have resulted from downloading any content, materials, information, etc. from this website.

In no circumstances will Re-Stair be liable for any damages including but not limited to direct, incidental, or consequential damages, such as lost profits, business interruption, and loss of programs or information) due to the use of our website or lack thereof. Re-Stair will also not be responsible for any claims regarding the information provided on the website; these include claims attributable to errors, omissions, or other inaccuracies in product information or interpretation thereof. The information found on this website is obtained from sources we find reliable. Re-Stair disclaims all warranties regarding the accuracy, thoroughness, or quality of such information. Certain jurisdictions may not allow for limitation or exclusion of liability. Correspondingly, some limitations may not apply to a user.

User shall indemnify, defend, and hold harmless Re-Stair, its employees, representatives, and affiliates from any losses, liabilities, damages, lost profits, suits, claims, and expenses (including an attorney’s fee) in connection with or arising out of misuse or negligence of the content and services provided on this website.

As aforementioned in our privacy policy, the user’s right to privacy is of utmost importance to Re-Stair. Any information provided by the user shall not be shared with a third party. Re-Stair reserves the right to use this information to provide the user with a better, more personalized online experience. More information regarding our Privacy policy may be found on the Privacy Policy page of this website. This website contains links to websites and access to content, products, and services from other third parties, including advertisers, users, affiliates, and sponsors of this site. User agrees that Re-Stair is not responsible for any third party accessible through our site, including opinions, advice, statements, and advertisements. The user shall bear all responsibility associated with the use of such content. Re-Stair is not responsible for any loss or damages the User may incur from any third party. More information regarding our Privacy policy may be found on the Privacy Policy page of this website, and we urge our users to read through our policies before using our website.

Charges from Re-Stair will appear as “Thomas & Company Contractors” on transaction statements from your bank or credit card. Please note this while viewing your deposit or making payments to Re-Stair. If you are in need of assistance, you are welcome to email us at sales@re-stair.com or call us at (901) 737-8247 during our normal business hours which are Monday-Friday 9:00 AM – 5:00 PM CST.

SCOPE OF WORK

Re-Stair uses an overlay system designed to provide hardwood stair solutions to existing staircases without removing or rebuilding the existing framing. This application provides hardwood prefinished stairs, risers, landings, and other accessories for a complete hardwood stair system. No matter what your project entails, we can create overlays custom fitted for your stairs. Unless otherwise stated, painting is not included in the scope of work. All risers are painted with unless “custom color risers” is added to the quote. Custom paint must be provided by the custom at a minimum of one week before the installation. Custom painted risers are not covered by a warranty.

Scope of Work for Tread/Retread Installation

Before Installation

To ensure that you receive a beautifully finished staircase, Re-stair shall complete all tread and riser preparation prior to installation.

Day of Installation

• Drop cloths and protective materials will be used to prevent damage and/or keep interference from dust at a minimum during installation
• Existing carpet, tacks, nails, and debris shall be removed from the existing staircase.
• Existing stair sub treads are tightened with an additional fastening system.
• The alignment and depth of existing sub treads shall be verified for correctness and corrected to comply with manufacturer requirements.
• The customer shall be notified of any unseen structural issues. Re-Stair may make repairs and prep these for installation of manufacturer products upon an agreement between both parties.

During the Installation Process

• Treads are installed per the manufacturer’s instructions and guidelines. Note: the manufacturer will require the use of a specific adhesive to maintain the warranty of the treads.
• Uneven surfaces on an existing staircase could lead to a gap between a tread and skirt board. If this occurs (is outside of a 7/32” tolerance), an opaque filler is applied to obscure the gap. Gaps may also occur on risers due to preexisting uneven surfaces and skirt board movement (with an allowance of up to 7/32” tolerance). In this case, caulk may be used to fill in gaps on the face of risers.
• Treads are individually measured and cut to close tolerances, as such some minor damage, scratches, paint removal to the existing skirt board may occur during installation. Re-Stair is not responsible for minor damages and/or paint removal as a result of tread installation.
• Most installations of stair treads are completed within the same day, however, Re-Stair does not guarantee one-day installation on all projects
• Re-Stair requires complete access to stairs and cannot work in conjunction with other trades while installing, as other construction may interfere with the installation process and affect the overall results and/or slow the installation. If this occurs, Re-Stair is not responsible for any delay or damages incurred as the result of additional traffic or construction dust, etc.
• Most cutting work is done outside on the sidewalk, driveway, or in the case of rain, occasionally on the edge of a garage to minimize the amount of dust inside the house, whenever possible.

Scope of Work for Handrails, Railing systems, and Balusters

• Railings and baluster require light sanding and touch-up staining after the installation. Re-Stair will provide drop cloths and a basic cleanup of construction dust in affected areas of work caused by any necessary sanding.
• Fasteners for railings, parts, and newels require some drilling into the wood which may result in holes. These are filled with wood plugs or a high-quality wood filler and typically require staining. As with any hand application, subtle variability may be present, resulting in some slight visibility.
• In order to reduce rattling, hot glue will be applied to spindles/balusters. This is for noise insulation and is not structural.

∗ Stair parts installations are a separate process from stair tread installations and usually extend installations past a single day.

Completion and Cleanup (All Services)

Once the installation is complete, Re-Stair will complete the following cleanup.

• The debris from installation shall be stacked neatly in an area the homeowner designates. Re-Stair offers its customers a $10 disposal fee in the Home Improvement Agreement. If this fee is selected, Re-Stair will remove all leftover debris.
• Re-Stair will sweep, vacuum, and apply a final wipe-down of the stairs and railings. Cleanup is confined to the staircase and immediate working areas.
• Sawdust results as a byproduct of wood cutting; sawdust created in the work area will be blown or swept into a nearby grassy area or bed- sawdust is biodegradable and should not present any damage to the grass. Note: Re-stair is not responsible for any damage to grass or plants due to byproducts of the construction process

WOOD/FINISH AWARENESS

Re stair is dedicated to customer satisfaction. We take pride in hand-crafting beautiful stairs and accessories for your home using the finest woods, stains, and finishes.

Due to the natural characteristics of wood, variation can be expected. Complete perfection and consistency may be achieved using synthetic products such as laminates and plastics, but working with natural woods and hand-applied finishes may result in some variability. The variations outlined below are natural characteristics and should not be considered a reason for product replacement or warranty.

CHARACTERISTICS OF WOOD

Color, Grain, and Texture:

As with any product of nature, wood varies in color, texture, and grain. Many factors, even the soil, and climate in which a tree grew can impact the color and graining of wood, and how a wood accepts a stain or finish. This natural variation is part of the beauty and character of wood- no two pieces of wood are exactly alike. Stairs and accessories are crafted with multiple woodcuts- solid wood, veneer, and plywood, all of which can affect the final look of the stain and finish.

Age/Mellowing:

As wood ages and with exposure to sunlight and other elements, it will change slightly in color – this is called “mellowing”. In most species, the color will darken slightly; however with Alder, it will become a shade lighter. This color change is subtle and occurs over time but can occur rapidly with intense, direct exposure to sunlight. Re-Stair is not responsible for changes in color due to direct sunlight.

Moisture/Humidity:

All woods are affected by moisture and seasonal changes in humidity. In high humidity, wood will expand, and in low humidity, wood will contract. This normal wood movement is more noticeable with mitered joints (some door styles) and “Inset” stairs and accessories. It is important to maintain year-round humidity levels at approximately 35% during storage, installation, and use. Stairs and accessories (and any wood product) should not be exposed to extreme fluctuations in temperature and/or humidity.  This is most often addressed by ensuring treads are located inside in an area that is heated and cooled.

CHARACTERISTICS OF FINISH

Hand-applied finishes (stains, paints, glazes, and various distressing techniques), enhance the natural beauty of the wood. As with any hand-application, there can be subtle variations in the application, the absorption of the stain, and the finish.  For all woods and finishes, it is important to understand that with a single stain color, there will be a range of shades and wood variations that can occur in the finished product.

By accepting this quote you acknowledge the terms and conditions listed below.

NOTICE TO CUSTOMER

Re-Stair will not ask for a final payment until the completion of the work. Final payment is expected upon completion of work and is an acknowledgement of a satisfactory result. In the event of termination of this Contract, Customer agrees to pay RE-STAIR the costs of materials, labor, expenses, and services provided by RE-STAIR or Authorized Service Provider through the date of termination, plus any other amounts set forth in this Agreement or allowed under applicable law. RE-STAIR MAY WITHHOLD AMOUNTS OWED TO RE-STAIR FROM THE DEPOSIT PAYMENT OR OTHER PAYMENTS MADE, WITHOUT LIMITING RE-STAIR’S OTHER REMEDIES FOR RECOVERY OF SUCH AMOUNTS.

You are responsible for meeting the terms and conditions of this contract as confirmed by your digital acceptance of this quote AND tendering the deposit.  Failing to meet the terms and conditions of this contract, you may lose your legal ownership rights in your home. Know your rights and duties under the law. Financing is provided as a service the Home Improvement Agreement is proof of acceptance and authorization to fund job per contract provisions.

NOTICE: ADDITIONAL TERMS AND CONDITIONS ARE STATED ON THE FOLLOWING PAGES AND ARE PART OF THIS CONTRACT

Hereafter, any mention of signing, (signed, signature) indicates the acceptance of this contract by digital acceptance of this quote and payment of the deposit.

Project Information: Undersigned (“Customer”), the owners of the property located at the above installation address, agrees to buy, and RE-STAIR agrees to furnish, deliver and arrange for the installation (“Installation”) of all materials described on the below and on the referenced Spec Sheet(s), all of which are incorporated into this Contract by this reference, along with any applicable State Supplement and Payment Summary attached hereto and any Change Orders (collectively, “Contract”): Customer agrees that, immediately upon completion of the work for each Product, Customer will complete  payment of any balance due. As applicable, each Customer under this Contract agrees to be jointly and severally obligated and liable hereunder. RE-STAIR reserves the right to issue a Change Order or terminate this Contract or any individual Product(s) included herein, at its discretion, if RE-STAIR or its authorized service provider determines that it cannot perform its obligations due to a structural problem with the home, environmental hazards such as mold, asbestos or lead paint, other safety concerns, pricing errors or because work required to complete the job was not included in the Contract. CANCELLATION: CUSTOMER MAY CANCEL THIS AGREEMENT WITHOUT PENALTY OR OBLIGATION BY DELIVERING WRITTEN NOTICE TO RE-STAIR BY MIDNIGHT ON THE THIRD BUSINESS DAY AFTER SIGNING THIS AGREEMENT. Acceptance and Authorization: Customer agrees and understands that this Agreement is the entire agreement between Customer and RE-STAIR regarding the Products and Installation services and supersedes all prior discussions and agreements, either oral or written, relating to said Products and Installation. This Agreement cannot be assigned or amended except by a writing signed by Customer and RE-STAIR. Customer acknowledges and agrees that Customer has read, understands, voluntarily accepts the terms of and has received a copy of this Agreement. Mississippi law requires that I inform you as to whether I carry general liability insurance insuring my work under this contract. I DO carry general liability insurance. By your payment of the deposit, you signify your understanding and acknowledgment of this fact.

RESPONSIBILITIES

RE-STAIR: will provide the Products identified above, make arrangements, and professionally perform the Installation services, and arrange proper insurances.

Customer: will identify any property lines, easements, covenants, underground or overhead utility lines, pre-existing physical or environmental hazards, building code violations, or other legal encumbrances that could affect the Installation services prior to the Installation. The Customer shall keep permits posted on display at all times. Customer is responsible for any delays or interference caused to Installation by Customer or third party under Customer’s direction or control.

Start and Completion: Subject to obtaining credit approval in the case of financed purchases, the work described in this Contract is estimated to begin within approximately four weeks of the date of this contract and to be substantially completed within five weeks of the date of this Contract. This is only an estimate and the project team will communicate with you from time to time to provide more detailed scheduling information and advise you regarding project status and timing issues.

Changes and Change Orders: Any changes to the work, including but not limited to changes necessitated by undisclosed, unidentified, or unforeseen conditions on the site, are subject to a written Change Order (“Change Order”) signed by Customer and RE-STAIR and any additional products or services included in such Change Order will be paid for in full before any such change is made. RE-STAIR or its authorized service provider will not attempt to remediate any such undisclosed, unidentified, or unforeseen conditions and may immediately discontinue the Installation or ask for a Change Order. Neither RE-STAIR nor its authorized service provider is responsible for delays caused by events beyond either’s control including but not limited to acts of nature, governmental actions, delivery delays or damages caused by third parties, labor strikes, Customer’s credit or financing, or any incorrect information or non-compliance with this Agreement by Customer.

Liens; Security Interests: As permitted by Law, RE-STAIR has the right to place security interests against the Customer’s property if the Customer fails to make required payments under this Agreement. If the Customer makes the required payments, RE-STAIR will not place or permit its Authorized Service Provider to place any security interests against the Customer’s property. After paying on any completed distinct phase of the work, the Customer may request from the authorized service provider a signed lien release and waiver of any right to place any claim against the Customer’s property applicable to the work then completed. All Warranties express or implied will void if payment is not completed for the specified work.

LIMITED WARRANTY: TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW, RE-STAIR WARRANTS THE WORKMANSHIP OF THE WORK FOR A MINIMUM ONE (I) YEAR FROM ITS COMPLETION DATE. PROVIDED CUSTOMER NOTIFIES RE-STAIR DURING THE WARRANTY PERIOD, RE-STAIR WILL ARRANGE FOR REPAIR AT NO CHARGE TO CUSTOMER FOR ANY DEFECTS DUE TO FAULTY WORKMANSHIP. EXTENDED WORKMANSHIP WARRANTIES MAY BE OFFERED ON SELECT PRODUCTS AND WILL BE PROVIDED AT THE TIME OF SALE. RE-STAIR’S WARRANTY DOES NOT COVER DAMAGE CAUSED BY ACTS OF GOD, INSTALLATION OR REPAIRS MADE BY PERSONS OTHER THAN RE-STAIR OR AUTHORIZED SERVICE PROVIDER, ABUSE, MISUSE, NEGLECT, OR NORMAL WEAR AND TEAR. MERCHANDISE AND MATERIALS ARE COVERED EXCLUSIVELY BY THE MANUFACTURER’S WARRANTY, IF ANY. THIS LIMITED WARRANTY GIVES CUSTOMER SPECIFIC LEGAL RIGHTS AND CUSTOMER MAY ALSO HAVE OTHER RIGHTS THAT MAY VARY FROM STATE TO STATE. WAIVER OF CERTAIN DAMAGES: EACH OF CUSTOMER AND RE-STAIR HEREBY WAIVE ANY CLAIMS AGAINST THE OTHER FOR LOST USE, LOST PROFIT, LOST REVENUE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES RELATING TO THE WORK, THE MATERIALS OR SERVICES OF RE-STAIR OR ITS AUTHORIZED SERVICE PROVIDER OR THIS AGREEMENT BUT EXCLUDING WAIVER OF CLAIMS FOR INJURY TO PERSONS. TO THE EXTENT CUSTOMER’S STATE DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THIS SECTION MAY NOT APPLY.

Termination: If Customer breaches this Agreement or declines a reasonable Change Order request, RE-STAIR may immediately terminate the Agreement without further obligation. If Customer terminates this Contract after the cancellation period but before the materials are ordered, Customer will pay a service charge equal to the greater of 10% of the Contract amount or the actual costs incurred to date. If any such termination by Customer occurs after the materials are ordered, Customer will pay a service charge equal to the greater of 25% of the Contract amount or the actual costs incurred to date.

ARBITRATION: Any disputes or claims between the Customer and RE-STAIR arising out of this Agreement shall be resolved by binding arbitration according to the latest Construction Industry Arbitration Rules of the American Arbitration Association. In so agreeing the parties expressly waive their right to a jury trial, if any, on these issues and further agree that the award of the arbitrator shall be final and binding upon them as though rendered by a court of law and shall be enforceable in any court having jurisdiction over the same. Should any legal action or proceeding between the Customer or RE-STAIR be required to enforce this Arbitration clause, or to recover damages for the breach thereof, the Customer agrees to pay all court costs and attorney’s fees for RE-STAIR. Where a purchase agreement for any completed dwelling which is the Subject of Work in this Agreement extends to the Contractor and purchaser, the right of arbitration to resolve disputes concerning work performed, the same rights, limitations, requirements and procedures concerning arbitration under the general contractor shall be extended to the Subcontractor. The Subcontractor agrees to accept and be bound by all the rights, obligations, and responsibilities which the Contractor assumes towards the purchaser under the completed dwelling purchase agreement.

BY MY/OUR payment/deposit, I/WE UNDERSTAND THAT THE AGREEMENT MAY BE SUBJECT TO REVIEW OF MY/OUR CREDIT HISTORY AND I/WE AUTHORIZE RE-STAIR TO VERIFY AND REVIEW MY/OUR CREDIT RECORD WITH AN INDEPENDENT CREDIT REPORTING AGENCY AND RELEASE THEM FROM ALL LIABILITY INCURRED FROM INADVERTENT OMISSIONS OR ERRORS.