Home Improvement Agreement
This agreement (the “Agreement") between the customer identified below (“Customer”) and the Contractor includes any State Supplement and Change Order, if applicable, provides for Contractor to provide the installation services described on the Proposal # ____________ at the Customer’s address referenced below (the "Installation Services”).
The State Supplement and Change Order, if applicable, and Estimate are herein incorporated by reference. The Installation Services shall be performed structural changes to dwellings or other structures.
Customers may pay a 50% deposit for the total contracted amount by check, money order, or card. Upon execution of this contract, customers will have the option to either submit a check or pay by credit/debit card for the remainder of the balance due.
TERMS AND CONDITIONS
Time of Service: The Installation Services are estimated to start thirty days from the transaction date, based on the reasonable availability of the Installer and any special order or custom materials, if applicable. The Installation Services are estimated to be completed in a timely manner from the transaction date.
Responsibilities: Contractor shall perform the Installation Services in a professional and workmanlike manner. Contractor will obtain required permits and provide permit numbers, if applicable, unless Customer is required to do so by applicable law. Customer shall keep posted permits on display at all times. Prior to the installation, Customer will identify any pre-existing physical or environmental hazards, building code violations or other legal encumbrances that could affect the Installation Services. Customer is responsible for any delays or interference to the installation caused by Customer or any third party under Customer’s direction or control. No other company should be performing any additional job while our crew is on site.
Furniture Moving Fee, if applicable: It only applies to furniture items. (The installers will NOT remove items cluttered in closets, full nor empty boxes, items on shelves, wall items, random items within the rooms, etc.) The TVs, computers, or any electronic items must be disconnected.
Pets: All pets must be away in a safe area during the installation.
Walls: It is the Customer’s responsibility to remove objects, frames, art, etc. off the walls. These items may fall off the walls due to the vibration caused by tools or machines.
Toilets/Water Fixtures: If applicable, a plumber must be hired to re-install toilets and/or any water fixtures.
Subfloor: If the existing flooring is removed and the subfloor requires leveling or repair, there may be additional charges which would be documented in a Change Order.
Change Orders: Any changes to the Installation Services, including but not limited to changes necessitated by undisclosed, unidentified or unforeseen conditions on the site, are subject to a written Charge Order, which shall specify the change in scope and any adjustment to the Total Contract Amount, which will be reflected in the Balance Due on Completion. Contractor shall have no obligation to remediate any such conditions, and its discretion, may immediately discontinue the installation or ask for a Change Order. Contractor will not remediate any mold, asbestos or lead-based paint and is not responsible for any delays caused by events beyond either party’s control, including but not limited to acts of nature, governmental actions, delivery delays, or delays caused by third parties, labor strikes, project financing, incorrect information provided by Customer or Customer’s non-compliance with this Agreement.
Lien Waiver: If Customer makes all payments as required under this Agreement, Contractor hereby waives its right to file a mechanics and/or materialmen’s lien and will protect property from any such lien filed by any person in connection with the Installation Services.
TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW, CONTRACTOR WARRANTS THE WORKSMANSHIP OF THE INSTALLATION SERVICES FOR ONE (1) YEAR FROM THE COMPLETION DATE. THIS WARRANTY DOES NOT COVER DAMAGE CAUSED BY NATURAL DISASTER OR BEYOND OUR CONTROL, INSTALLATION OR REPAIRS MADE BY PERSONS OTHER THAN CONTRACTOR, OR ABUSE, MISUSE, NEGLECT OR NORMAL WEAR AND TEAR, MATERIALS ARE COVERED EXCLUSIVELY BY THE MANUFACTURER’S WARRANTY, IF ANY. THIS LIMITED WARRANTY GIVES CUSTOMER SPECIFIC LEGAL RIGHTS. CUSTOMER MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE. Waiver of Certain Damages: CUSTOMER WAIVES ANY CLAIM AGAINST CONTRACTOR FOR LOST USE, LOST PROFIT, LOST REVENUE, OR INDIRECT, INCIDENTAL DAMAGES RELATING TO THE INSTALLATION SERVICES OR THIS AGREEMENT. THIS SECTION MAY NOT APPLY TO THE EXTENT THAT CUSTOMER’S STATE DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES.
Termination: If Customer breaches this Agreement or declines a reasonable Change Order request, Contractor may immediately terminate this Agreement without further obligation. In the event of such termination, Customer agrees to pay Contractor the costs of materials, labor, expenses, and services provided by Contractor in connection with the Installation Services through the date of termination, plus any amounts set forth in this Agreement or allowed under applicable law.