TERMS AND CONDITIONS
1. Customer acknowledges and agrees that the work described under " Detailed description of Work" is reasonably detailed and enables Customer to determine the scope of the Work/Job.
2. Contract Price & Payment Terms. Customer shall pay Contractor the amount of the Contract Price, which shall increase or decrease by changes to the scope of work, changes in the materials used, unexpected increases in the costs of materials or labor, and change orders. Contractor need not start its work until it has been paid an amount equal to at least 40% of the Contract Price, with the balance due on the earlier of (I) within five (5) days after substantial completion of the Work/Project or (II) payment from the insurance company.
3. The cashing and/or depositing of any check shall not release Customer from any claim regardless of any restrictive endorsement or other statement accompanying such check (e.g., “Paid in Full” etc.).
4. Forum. If any dispute or difference of any kind shall arise between Customer and Contractor in connection with or arising out of this Contract or the carrying out of the work contained in this contract and the dispute or difference is not resolved through correspondence or negotiations. The dispute or difference shall be determined by Marion County Indiana Courts according to Indiana Law.
5. Assumption of Risk. Contractor is not responsible for and Owner assumes risk of damage to plumbing, buried utility wires, or anything buried or not visible. Contractor is not responsible for and Owner assumes risk of loose items and fixtures, pictures, ceiling fans, vents, or anything in the interior. Contractor will not be responsible for and Owner assumes risk of damage for abnormal or unusual conditions, such as electrical wires, cables, conduit buried in/or near roofing, broken or sagging rafters, etc. Owner will hold contractor harmless from any liability. Any additional work caused thereby will require a change order and fee. Any A.C. unit, satellite dishes, antennas, weathervanes, or other custom roof accessories will be disconnected and serviced by owner as needed unless contractor specifically assumes responsibility therefore in writing.
6. Changes. Customers from time to time may authorize changes in the work, issue additional instructions, require additional work, or direct omission of work previously ordered. However, Contractor need not proceed with any change involving an increase or decrease in cost without prior written authorization (a "Change Order") from Customer. The Contract remains in full force and effect and is enforceable against Customer if Customer authorizes changes but through no fault of the Contractor fails to provide or sign a written Change Order for charges to this Contract or for materials and services provided.
7. What Constitutes Completion. The Work/Project shall be considered completed upon notice by Contractor and approval by Customer, provided that Customer's approval shall not be unreasonably withheld. Substantial performance of the Work/Project completed in a workmanlike manner shall be considered sufficient grounds for Contractor to require payment by Customer.
8. Limited Warranties. Contractor shall complete the Work/Project in a workmanlike manner according to standard practices prevalent in contractor's trade. Contractor will transfer all manufacturers' warranties to Customer but offers no other warranties as to materials. Contractor warrants that, for a period of twelve (12) months from the date of completion of the Work/Project, the Work/Project will comply with all applicable building codes and regulations, and all labor, materials, equipment and systems furnished and incorporated into the Work by the Contractor will be new, of good quality, and free from defects in workmanship and materials, and will conform to and be performed in accordance with the Contract Documents and Change Order(s). Contactor does not make and Customer waives any other warranty of habitability, fitness for particular purpose, merchantability, or other warranty, whether express or implied. Contractor does not provide any warranty as to any concrete, sidewalks, driveways, patios, septic systems wells, fences, offsite improvements, recreational facilities, retaining walls, boundary walls, landscaping, or other similar items as listed. Contractor is not responsible for any damage below the roof, due to leaks by excessive wind of 60 mph, ice dams, hail, pre-existing or future construction defects caused by storms or lack of maintenance during the period of the warranty or depression/cracks in driveway caused by trailers or dumpsters. Driveway/Parking lot cracking or damage could occur. Contractor is not responsible for, and Owner assumes risk of damage to driveway or parking lot. Owner/Authorized representative gives contractor permission to set up dumpster on, and drive dump truck and delivery truck on driveway or lot at Owner’s risk. An additional change order and fee is required if access to driveway or lot is denied or impaired. Contractor will make all reasonable efforts to protect Customer's property from any further damages, however, Contractor cannot be held liable for damage to driveways, parking lots, walkways, lawns, shrubs, or other floral or vegetation caused by trucks, equipment, materials, debris, etc. The manufacturer’s warranty and maintenance guidelines are listed on the product website in addition to what is covered under warranty. Improper maintenance of the flooring will not be covered under warranty. Please check the maintenance guidelines regarding the type of vacuums, mops, steamers, and cleaners that are recommended. If a claim is filed and it is due to improper maintenance, the inspection costs will be the responsibility of the Customer. There is no warranty for Customer supplied material. The parties agree that Contractor shall not be liable for any damages which may be caused by maintenance of the products installed at the Property in a manner other than the instructions set forth by Supplier or any manufacturer.
9. Unforeseen Circumstances. In the Event of any unforeseen Circumstances or concealed conditions discovered during. work, Contractor will address with Customer prior to proceeding with work stated in Contract. Changes agreed upon by Contractor and Customer will be formalized by way of amendment to this contract that is written and signed by both Customer and Contractor, including additional costs and duration of Project.
10. Customer acknowledges and agrees that molds occur naturally in almost all indoor environments. Mold spores may also enter a home through open doorways, windows, or a variety of other sources. Customer acknowledges and agrees that mold spores or mold growth may occur before or after the completion of Home Improvement and that it is virtually impossible to determine when, how or why mold spores or growth occurred. Customer acknowledges and agrees that Contractor makes no warranty or representation of any kind, express or implied, regarding the presence or effect of mold on or in proximity to the property. No warranty or representation of any kind, express or implied, regarding the presence or absence of mold, or regarding the effectiveness of any architectural or engineering fixture or design for preventing, eliminating, or reducing the presence, affect or growth of mold is made by Contractor. Customer and Contractor hereby specifically agree that Contractor shall not be responsible for any property damage, personal injury, loss of income, emotional distress, death, loss of use, loss of value and adverse health effects resulting from mold growth or accumulation regardless of the cause of said growth or accumulation, including but not limited to the negligence of the Contractor or its sub-contractors.
11. Contractor shall specifically have the right to remove any or all of the said items, installed or to be installed, in the event that the contract price is not paid in accordance with this agreement. If during performance of the Work, Customer orders additional work, payment for such work will be due immediately upon completion if not otherwise agreed upon. Supplier will use reasonable efforts to assure that Customer receives all applicable manufacturer warranties on the Products installed at the property. However, such warranties shall be deemed solely the warranties of such manufacturers and Supplier shall not be deemed to have warranted such products in any manner. Supplier will make copies of any such warranties available to Customer (upon request by Customer) without cost to Customer. Supplier will not be responsible for damages due to natural causes or acts of God, including ground motion or damages due to surface drainage. Upon written notice to Customer at any time, all warranties under this Contract or otherwise shall be irrevocably void if Customer fails to make final payment hereunder within 30 days of the invoice. EXCEPT AS PROVIDED HEREIN, SUPPLIER MAKES NO EXPRESS OR IMPLIED WARRANTIES WHATSOEVER.
12. Customer understands and agrees that his failure to make any payments in accordance with the terms of this contract may cause the Supplier to file a material man’s and/or mechanic’s lien against the property on which the work contemplated by this Contract is performed.
13. Flooring (also cabinets, countertops, shower enclosures, walls or other). The materials Contractor is installing is detailed description of improvements. By signing this Contract, Customer agrees to the details and materials described and contemplated to be installed at the Customer’s property.
14. Plumbing/Electrical. If existing issues with plumbing or electrical are present, Contractor is not responsible and additional charges may apply. Corrosion or faulty connections may be pre-existing and disturbed during removal or installation. Contractor is not responsible for damage due to these conditions.
15. Demolition of Existing material. Demolition of existing flooring is excluded unless it is listed on the quote. Contractor is not licensed to remove asbestos flooring or lead paint. There will be an additional charge if replacement or additional subfloor material is required due to unforeseen circumstances. Contractor is not responsible for hidden structural damage. If leveling the floor or wall is required, additional charges may apply. All change orders much be in writing and signed. Contractor is not responsible for touch up of paint/stain/wallpaper due to demolition or installation. Painting or staining is excluded unless outlined in the agreement. Demolition and installation will cause dust and debris. Contractor makes strides to minimize dust and debris; however, Customer accepts and assumes any and all risks associated with dust and debris produced as a result of the work performed and contemplated by this agreement. Customer is responsible for removing or covering items to protect them from dust and debris. Customer should make prior arrangements for professional cleaning service after completion of the Work.
16. Furniture/Appliance Removal and Replacement. Furniture/appliance removal and replacement is excluded unless it is listed on the quote. Contractor makes great strides to move items carefully, however, is not responsible for lost or damaged furniture, appliances, or items when moving. Customer should remove wall hangings, electronics, and valuables. Customer should remove all small objects from tops of dressers, bookcases, tables, etc.
17. Dye lots, Delays and Defective Flooring. Dye lots, textures and finishes will vary from the sample. Customer should inspect material prior to installation. If the materials are delayed, incorrect or defective, Contractor will make it a top priority to receive or replace the materials in a timely manner. Monetary compensation is not provided for this for any delays. In addition, the material is special order and cannot be returned under most circumstances. There is typically 5-10 percent of remaining material. This is non-returnable.
18. NOTICE OF RIGHT TO OFFER TO CURE CONSTRUCTION DEFECTS: IC 32-27-3 CONTAINS IMPORTANT REQUIREMENTS YOU MUST FOLLOW BEFORE YOU MAY FILE A LAWSUIT FOR DEFECTIVE CONSTRUCTION AGAINST THE CONTRACTOR OR BUILDER OF YOUR HOME. SIXTY (60) DAYS BEFORE YOU FILE YOUR LAWSUIT, YOU MUST DELIVER TO THE CONTRACTOR OR BUILDER A WRITTEN NOTICE OF ANY CONSTRUCTION CONDITIONS YOU ALLEGE ARE DEFECTIVE AND PROVIDE YOUR CONTRACTOR OR BUILDER THE OPPORTUNITY TO MAKE AN OFFER TO REPAIR OR PAY FOR THE DEFECTS. YOU ARE NOT OBLIGATED TO ACCEPT ANY OFFER MADE BY THE BUILDER OR CONTRACTOR. HOWEVER, IF YOU UNREASONABLY REJECT A REASONABLE WRITTEN OFFER AND COMMENCE AN ACTION AGAINST THE BUILDER OR CONTRACTOR, A COURT MAY AWARD ATTORNEY'S FEES AND COSTS TO THE BUILDER OR CONTRACTOR. THERE ARE STRICT DEADLINES AND PROCEDURES UNDER STATE LAW, AND FAILURE TO FOLLOW THEM MAY AFFECT YOUR ABILITY TO FILE A LAWSUIT.
19. All jobs are subject to installer’s/subcontractor’s final acceptance of the bid or contract amount prior to commencement of work.
20. Repair work and patching are temporary in nature and WITHOUT ANY WARRANTY OR GUARANTEE AS TO EFFECTIVENESS.
21. Consultation. Owner has been given the opportunity to consult with Owner’s experts and/or architects prior to commencement of work concerning the scope and specifications of this Contract, and Owner waives any post contract claim in connection with the scope or specification of this of this Contract, or the appropriateness thereof. Customer acknowledges that Contractor is not and does not represent themselves to Customer to be a licensed architect and understands Contractor is only in the business of providing home design, remodeling work and home improvements for the benefit of the Customer. Customer is responsible for all costs of having any designs created by Contractor approved by a licensed architect, if Customer so desires.
22. Sequential Contracts. Contractor and Owner may enter sequential Contracts for different types of work, and in the event of nonpayment of prior Contract or any installment, Contractor may suspend work or cancel without recourse all remaining contracts. In addition, in the event of nonpayment of any Contract or installment when due, Contractor has no duty to remove any debris and may return like material to the property.
23. Severability. If any provision of this agreement should be held to be invalid or unenforceable, the validity and enforceability of the remaining provisions of this agreement shall not be affected thereby.
24. Full Agreement. Any representations, statements, or other communications not written on this agreement are agreed to be immaterial and not relied on by either party, and do not survive the execution of this agreement. This Contract constitutes the entire agreement between the parties. It may be changed only by written agreement signed by both parties.
25. Remedies for Breach. In the event Customer fails timely to make the payments required under this agreement or is otherwise in breach of default of this agreement, Contractor is entitled to seek all remedies available in law or in equity, including injunctive relief and damages, plus court costs, reasonable attorneys' fees, expert witness fees, pre-and post- judgment interest and all other costs incurred in the collection or enforcement of this agreement.
26. Default. Should default be made in payment of the contract, charges shall be added from the date thereof at a rate of one and one half percent per month (18% PER ANNUM) with a minimum charge of $2.00 per month, and if placed in the hands of an attorney for collection, all attorneys' fees, and legal filing fees and costs shall be paid by Customer(s) accepting said contract.
27. Specifications. If this contract is being entered into for damage, loss, or expense that is to be paid, in whole or in part, from the proceeds of a personal line property and casualty insurance policy or a commercial line farm insurance policy that insures residential property, or for damage, loss, or expense for which a third party is liable, the subject real estate will be repaired or restored to the same condition in which the real estate existed before the damage, loss, or expense occurred, or to a comparable condition.
28. Customer grants permission to Contractor to take photographs and/or videotapes of the Work at the Property for use in advertising, direct mail, brochures, newsletters and magazines, or in electronic versions of the same publications or on web sites or other electronic form, without notification to Customer. Contractor warrants that no personal information of Customer or identifying information will be included in any photographs and/or videotapes used by Contractor.
29. Extension of completion dates. If this contract is being entered into for damage, loss, or expense that is to be paid, in whole or in part, from the proceeds of a personal line property and casualty insurance policy or a commercial line farm insurance policy that insures residential property, or for damage, loss, or expense for which a third party is liable, the starting and completion dates may be extended by the number of days it takes to obtain sufficient approval of the insurance carrier.
30. Commencement before specification completed. If this contract is being entered into for damage, loss, or expense that is to be paid, in whole or in part, from the proceeds of a personal line property and casualty insurance policy or a commercial line farm insurance policy that insures residential property, or for damage, loss, or expense for which a third party is liable, an insured Customer may elect, to authorize the commencement of work on the home before the Customer or insured Customer receives complete specifications. If this is the case, the inured Customer who elects to authorize the commencement of work under this subdivision is obligated for the home improvements specified and agreed to by the insurance carrier.
31. Liquidated Damages. Subject to three-day rescission right, Owner agrees to a 25% cancellation fee of the full contract price before work is commenced as liquidated damages, along with all costs of custom and non-returnable materials; and Owner is liable for the full contract price once work is commenced.
32. Emergency/ Temporary Service Performed. If an insured Customer cancels a home improvement contract and the Contractor has performed emergency or temporary service that the insured Customer acknowledged in writing before their performance to be necessary to prevent damage to the residential property; the home improvement Contractor is entitled to the reasonable value of the emergency or temporary services performed.
33. Notice of Cancellation. You may cancel this contract at any time before midnight on the third business day after the latter of the following:
(A)The date this contract is signed by you and Contractor.
(B) If applicable, the date you receive written notification from your insurance company of a final determination as to whether all or any part of your claim or this contract is a covered loss under your insurance policy.