Terms
ADDITIONAL PROVISIONS: Unless otherwise specified herein, the following additional provisions are expressly incorporated into the proposal contract.
- Permission Delays. Contractor shall not be held responsible for any damage occasioned by delays resulting from work done by Owner’s subcontractors, extra work, acts of owner or owner’s agent including failure of Owner to timely supply equipment supplies of materials as agreed, shortages of materials and/or labor, bad weather, fire, strike, war, governmental regulations, or any other contingencies unforeseen by Contractor or beyond Contractor’s reasonable control.
- Cleanup & Advertising. Upon completion, and after removing all debris and surplus materials, wherever possible, Contractor will leave premises in a neat, broom clean condition. Owner hereby grants to Contractor the right to display signs at the job site for the period of time starting at the date of signing of this contract and continuing uninterrupted until fourteen (14) days past the date the job is completed and payment in full has been made. Owner grants Contractor the right to publish the project street address on a “references” list which may be given to prospective customers.
- Unanticipated Conditions & Concealed Damage. Expense incurred because of unusual or unanticipated conditions shall be paid for by Owner as extra work. Contractor will inform Owner of any dry rot or other deterioration of unanticipated conditions which is concealed and is discovered during the course of the work. Contractor is not responsible to repair any suck discovered deterioration or condition and any work done by Contractor to remedy such will only be done as extra work. Per section 7150.10 of the CA Business & Professional Code, Service & Repair Contracts cannot exceed $750 in total price.
Should the price to do the extra work necessary to take care of ay unanticipated condition or concealed damage cause the Service & Repair Contract amount to exceed $750 Owner will pay for the already completed work. Contractor and Owner will mutually cancel this Service & Repair Contract.
Should Owner wish Contractor to perform the additional work, Contractor will draw up a conventional Home Improvement Contract per sec. 7159 of the CA Business & Professional Code as required by law.
- Hazardous Substances. Owner understands that Contractor is not qualified or licensed as an inspector or abatement contractor for Hazardous Materials (as defined by the government). Should a hazardous substance be suspected to be present, it is the Owners’ responsibility to arrange and pay for the Inspection & abatement.
- Collection. Owner agrees to pay all collections fees and charges including but not limited to all legal and attorney fees that result should Owner default in payment for this Service & Repair Contract. Overdue accounts are subject to interest charges at the rate of 10% per annum.
- Legal Fees. In the event of litigation or arbitration arises out of this proposal/contract, prevailing parties are entitled to all legal, arbitration, and attorney fees. The court or arbitration-shall not be bound to award the true amount of the costs, expenses and attorney fees paid or incurred.
