THIS CONTRACT FOR SERVICES is made by and between the named Customer and the issuing Contractor.
- Definitions. As used in this agreement, the following terms have the following meaning: “Contractor” means the Manager named at the end of this Contract. “Customer”, “You” or “Your” all mean the owner of the property or the person who signs this Contract. “Contract” means this Contract. “Estimate” means the estimate submitted to the Customer by the Contractor which describes the outlined work the Contractor agrees to perform and the estimated cost to the Customer for performing the work specified in the Estimate. “Services” or “Work” all mean the work described in the Estimate which the contractor has agreed to perform for the customer.
- Services Provided by the Contractor. The Contractor hereby agrees to furnish the labor, materials, and supplies necessary to perform the Services described in the Proposal in accordance with the terms and conditions contained in this Contract and Customer agrees to pay the Contractor the Contract Price for the Services in accordance with the Payment Schedule set forth in Section 8 and Section 11 of this Contract. Repairs needing diagnostic services prior to agreeing on a payment are noted as such.
- Changes in the Services. Any changes to the Services described in the Estimate must be in writing and signed by both the Customer and the Contractor, within ten (10) calendar days. Verbal agreements will be noted in the final invoice. Unforeseen conditions due to extensive damage beyond observed at initial walkthrough will be presented to Customer to make a best-informed decision for the appropriate course of action. You understand and agree that if You request any changes to the Services, you may incur additional charges and that the completion of the work may be delayed beyond the originally anticipated completion date.
- Customer Satisfaction: Upon completion of the work, Customer agrees to exercise due diligence in inspecting the work for defective workmanship and materials. Customer agrees to notify Contractor within forty-eight (48) hours of completion of the work described hereunder of all defective work, if any. Customer agrees that upon discovery of any allegedly defective work, Customer shall immediately notify Contractor, who shall have the first opportunity to repair the allegedly defective work. The failure to allow Contractor the first opportunity to repair the allegedly defective work shall void all warranties, express and implied hereunder. Customer agrees and recognizes that they shall not withhold any payments for allegedly defective work. Contractor is not responsible for reimbursement for work performed by any other company or individual. Contractor cannot be held responsible to tampering of the work performed or any further work to be performed by Customer or another Contractor to deliver a final and finished product. Contractor and Customer must both agree to any final and finished product as it is outlined in the estimate.
- Safety Precautions. The Contractor will take reasonable safety precautions in performing the Work. The Contractor will comply with applicable laws, ordinances, rules, regulations, and orders of public authorities for the safety of persons and property. Contractor will not be held responsible for personal injury or for any indirect, incidental, or consequential damages to persons or property.
- Matters beyond the Contractor’s Control. You and the Contractor agree that if the Contractor is unable to complete the Work by the Completion Date because of reasons that were not caused by the Contractor or because of events beyond the Contractor’s control (such as fire, flood, acts of God, vandalism, etc.), the Contractor will not be deemed to have breached this Contract and the time for the Contractor to complete the Work will be extended by such additional time as may be reasonably necessary for the Contractor to complete the Work. Payment schedule will be extended by a comparable amount of time.
- Site Conditions: At the completion of the project, Contractor will remove all waste materials and rubbish from the site, together with our tools, construction equipment, machinery and surplus materials. Contractor will leave the premises broom clean only. Customer is responsible for any additional cleaning costs related to the construction/services completed. Customer shall secure, remove and protect all property, and its contents, including but not limited to adults, children, animals, cabinets, fixtures flooring, walls, tiling, carpets, drapes, furniture, and vegetation during and upon completion of work, and shall hold harmless and indemnify Contractor, its employees and affiliates against all claims arising out of Customer’s failure to do so.
- Payment Schedule. The Customer agrees to pay the Contractor the Total Payment specified for the Services in accordance with the schedule set forth in the estimate. Terms of payment for Residential Repairs is 10 business days. Terms of payment for Commercial Repairs is 30 days. A convenience fee of 2% for ALL CC/DEBIT CARDS transactions will be assessed to the TOTAL invoiced amount. A Deposit for any projects over $1000 is requested at the time of booking.
Cancellation and Refunds. This contract may be cancelled by a mutual agreement between the Customer and the Contractor. Any cancellation agreement must be in writing to be considered valid. All payments, including deposits, progress payments, final payments, and any other payments made are non-refundable unless agreed upon by Customer and Contractor.
- Limited Warranty. Contractor warrants its materials and workmanship to be free from defects for one year after performance, unless otherwise specified in writing. This warranty does not cover faults caused by misuse; negligence; or damage caused by acts of God. In the event that a manufacturer offers a warranty, said warranty shall negate and supersede Contractor’s warranty. This warranty is the only warranty by Contractor to Customer, and is in lieu of all other warranties, expressed or implied. Customer shall notify Contractor within twenty four (24) hours of discovery of any warranty claim.
- Materials Pricing: Price is subject to change as quoted under Materials Lists depending on Market Costs from Vendor/Source. Costumer agrees to account for any such changes within the final invoice as billed by Contractor. Due to fluctuating costs of materials, Contractor cannot honor materials pricing at the original estimate received by Customer due to fluctuating costs of product and materials quoted. Customer is responsible to pay for the increase in materials costs.
- Unpaid Balances: Any unpaid balance(s) that are overdue by forty-five (45) days or more shall be subject to Collections and/or the filing of a civil suit, court costs, attorney’s fees and/or a Mechanic’s Lien. Interest on any outstanding balance over forty-five (45) days shall incur interest at the rate of twelve percent (12%) per annum. Customer agrees to contact Contractor immediately if any payment arrangements are needed to avoid the account going into Collections. Any payment arrangements will subsequently be agreed upon, in writing, by Contractor and Customer at the time such arrangements are made.
BY SIGNING AND/OR AGREEING IN WRITING VIA EMAIL, THE CUSTOMER ACKNOWLEDGES HAVING READ AND UNDERSTOOD THIS CONTRACT AND THAT THE CUSTOMER IS SATISFIED WITH THE TERMS AND CONDITIONS AND AGREES TO THEM CONTAINED IN THIS CONTRACT.