Updated: March 5, 2024
1. Buyer's Cancellation Prior to Commencement of Work
In the event that the Buyer(s) attempts to terminate this Agreement after midnight, two calendar days prior to the commencement of the work, the Buyer(s) shall be obligated to compensate the Contractor for two hours of labor.
2. Right to Stop Work
The Contractor is authorized to suspend work in the event that any payments due under this Agreement are not remitted to the Contractor. The Contractor may cease work on the project until all outstanding payments are received.
3. Collections Fees
The Buyer(s) authorize the Contractor to assign reasonable fees linked to any and all expenses related to the collection of overdue payments.
4. Interest
In the event that payment is not received within three (3) calendar days following the completion date of the project, interest will accumulate at a rate of 10% per week, compounded on a weekly basis, beginning on the date when the payment was due.
5. Permits
Unless otherwise specified in the Agreement, the Buyer(s) bears the responsibility of seeking and obtaining any mandatory permits. The Contractor may provide assistance to the Buyer(s) in acquiring any necessary permits if requested, with such expenses being borne by the Buyer(s).
6. Additional Work
In the event that the Buyer(s) requests any alterations or extensions to the work specified in this agreement, the corresponding cost will be added to the agreed-upon price.
7. Warranties
No warranties, whether implied or express, are included beyond those indicated in writing by the manufacturer of the goods supplied or by the Contractor. The home improvement work executed under this agreement shall be free of flaws that result from inadequate workmanship or flawed materials or defects resulting from noncompliance with building permit standards, for a period of six (6) months. The Buyer(s) may have additional warranty rights under relevant state laws.
8. Right to Collect Automated Payment
In the event that payment is not received within three (3) calendar days following the completion date of the project or completion date of itemized items to be completed in original estimate, Buyer authorizes contractor to automatically charge any existing payment method Buyer may have on file to satisfy entire balance owed to Contractor for services performed, including any reasonable collection fees and interest.
9. Buyer's Cancellation After Commencement of Work
In the event that the Buyer(s) attempts to terminate this Agreement after commencement of the work, the Buyer(s) shall be obligated to compensate the Contractor a penalty of up to 100% of the remaining contract price due.
10. Dispute Resolution
In the event of a dispute related to this contract that cannot be resolved through negotiation, the parties agree to attempt to resolve the dispute in good faith through non-binding mediation facilitated by a recognized arbitration association. If mediation is unsuccessful, the dispute, including any breach of this contract, will be resolved through binding arbitration administered by a recognized arbitration association in accordance with its commercial arbitration rules. The arbitrator(s) will render an award, and judgment may be entered in any court that has jurisdiction. If the claim exceeds $10,000, a panel of three arbitrators will preside over the arbitration proceedings. The mediation and arbitration proceedings will take place in the county where the project is located, and the mediator and arbitrator(s) must be a construction law attorney. The parties must conduct a mandatory job site review with the mediator and arbitrator(s) in conjunction with any non-binding mediation or binding arbitration proceedings. This clause does not waive the Contractor's right to protect its lien and equitable rights in accordance with applicable statutory and other laws, and all such rights are expressly reserved by the Contractor. The Buyer(s) "Accept" this provision.
11. Angle Valve Replacements
Angle valves in faucets and toilets and other fixtures are recommended to be replaced every 3-5 years by home owners. In the event of angle valve leak or malfunction when performing any plumbing work, Contractor is not responsible for replacement of angle valves if they cannot be shut off or begin to leak due to buildup as part of the regular service Agreement.
12. Main Water Shutoff
If water main needs to be turned off, Buyer(s) will be responsible for turning off and turning on main water shutoff valve(s). If Buyer(s) wish to have Contractor shut off and turn on main water shutoff valves(s), Buyer(s) agree to release Contractor from any liability which may include but are not limited to: ensuing leaks from main water valves due to buildup and poor maintenance.
13. Security Interest
Buyer grants Contractor a security interest under the Uniform Commercial Code and other applicable law governing security interests in the property purchased to this Agreement, including a security interest in any proceeds from the sale of such property unless and or until Contractor is paid in full. Buyer agrees that the property purchased under this Agreement is, and will remain, personal property, regardless of the fact that said personal property may be attached to Buyer's real property. If any home improvement goods or services are not paid for, a mechanic's lien may be filed against the property. The Buyer can discharge the lien by paying the agreed-upon price before the filing of the lien. The Buyer may seek legal advice on how to discharge a mechanic's lien.
14. Jury Trial Waiver Clause
The Buyer(s) acknowledge that by consenting to resolve all disputes through arbitration, they are relinquishing their entitlement to a trial by jury. The Buyer(s) "Accept" this provision.
15. Transaction Fees
The Buyer(s) acknowledge that Contractor will charge payment processing fees of 3% of total amount due if Buyer chooses to pay via credit card or debit card.
16. Entire Agreement
This Agreement, along with any additional documents or addendum(s), constitutes the complete agreement between the parties involved, and no prior oral or written agreements or representations will be considered relevant. The terms of this contract cannot be altered or modified unless such changes are documented in writing and signed by both the Contractor and the Buyer(s).
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Other versions:- Effective date: January 17, 2024