The Price shall be paid as follows: 100% upon completion of Work Invoices are due upon presentation. All outstanding balances shall accrue at 18%, or the maximum rate permitted by law, whichever is greater. $50 Charge on all returned checks. 3% fee charged on credit card payments. Debit cards and pre-paid cards are not accepted.
These terms and conditions apply to all services or products supplied by Contractor to or for Customer under the Proposal or otherwise.
1. Work. The term “Work” means any goods, products and parts (collectively “Products”) together with all services supplied or required to be supplied by Contractor to or for Customer under the Proposal or otherwise. The Proposal may be withdrawn by Contractor if not accepted within 30 days. Due to the fluctuation in Product prices, any Work not commenced within 30 days of Contractor’s signature on Proposal is subject to increase. In addition to any items specifically excluded from the Work on the Proposal, the following items are specifically excluded from the Work and the price: patching; painting; appliances; stereo, computer, and other equipment; servers; duct work; hazardous material abatement, and utility fees. Work does not include unanticipated conditions discovered during Work. Any work performed by Contractor that is not included in the Proposal will be performed as additional services (“Additional Services”). All Additional Services will be billed as follows: services – per rates on Table A attached plus tax and Products – at Contractor’s cost plus 20% plus tax. Customer is responsible for ensuring that the Property is reasonably clean and free from obstructions. Customer shall ensure that there is at least 3 feet of clearance space around any wall or floor areas and sufficient clearance for an 8 foot ladder below any ceiling areas on which the Contractor is performing Work. Any Contractor time spent clearing any areas will be billed as Additional Services.
2. Risk of Loss. Risk of Loss and the duty to insure any Work shall pass to Customer at the time of installation. Once any portion of the Work is installed, Customer is solely responsible to insure and protect it. Any repairs or replacements will be performed and billed as Additional Services. Customer agrees to carry insurance prior to, during, and subsequent to completion of the Work.
3. Manufacturer’s Warranty. SELLER MAY PROVIDE PRODUCTS MANUFACTURED BY OTHERS. CUSTOMER’S SOLE REMEDY FOR THOSE DEFECTIVE PRODUCTS, if any, SHALL BE UNDER THE MANUFACTURER’S WARRANTY, if any.
4. Limited Warranty. THE ONLY WARRANTIES THAT THE CONTRACTOR PROVIDES FOR THE MATERIALS AND EQUIPMENT INCORPORATED INTO THE WORK ARE THE MANUFACTURER’S WARRANTIES, IF ANY, AS PROVIDED IN PARAGRAPH 3. EXCEPT AS PROVIDED IN PARAGRAPH 3, CONTRACTOR WARRANTS TO CUSTOMER THAT ITS SERVICES SHALL BE IN ACCORDANCE WITH THE PROPOSAL. CONTRACTOR WARRANTS THAT THE WORK SHALL COMPLY WITH THIS WARRANTY UPON DELIVERY.
5. Timely Claim. WASHINGTON LAW, CHAPTER 64.50 RCW CONTAINS IMPORTANT REQUIREMENTS THAT CUSTOMER MUST FOLLOW BEFORE CUSTOMER MAY FILE A LAWSUIT FOR DEFECTIVE CONSTRUCTION AGAINST CONTRACTOR. FORTY-FIVE (45) DAYS BEFORE OWNER FILES A LAWSUIT, CUSTOMER MUST DELIVER TO CONTRACTOR A WRITTEN NOTICE OF ANY CONSTRUCTION CONDITIONS CUSTOMER ALLEGES ARE DEFECTIVE AND PROVIDE CONTRACTOR THE OPPORTUNITY TO MAKE AN OFFER TO REPAIR OR PAY FOR THE DEFECTS. CUSTOMER IS NOT OBLIGATED TO ACCEPT ANY OFFER MADE BY CONTRACTOR. THERE ARE STRICT DEADLINES AND PROCEDURES UNDER STATE LAW, AND FAILURE TO FOLLOW THEM MAY AFFECT OWNER’S ABILITY TO FILE A LAWSUIT. Customer’s claims, if any, are FOREVER WAIVED AND BARRED unless Customer delivers to Contractor at its address a written claim fully describing the allegedly defective work within 1 year of completion. The Warranty contained herein applies to the original Customer only and is not assignable.
6. Matters Not Warranted. Contractor is not responsible for the suitability of Products for Customer’s use or premises, nor for any non-conformities or damage caused by or contributed to by (a) other than normal and proper usage, (b) improper maintenance, (c) incorrect installation by Customer or third parties, (d) misuse or abuse, (e) alterations made without the written consent of Contractor, (f) improper repairs made by Customer or others, or (g) defects in Products, materials, labor, or designs provided by Customer or its agents. CONTRACTOR IS NOT RESPONSIBLE UNDER WARRANTY OR OTHERWISE FOR ANY PRE-EXISTING DEFECTIVE CONDITIONS OR DAMAGE. Contractor shall not be held liable for the natural consequences of Contractor’s work. Contractor shall not be held liable for damage to personal property, real property, fixtures, or any improvements to real property caused by persons delivering materials or equipment. Contractor shall not be held liable for keeping gates and doors closed for children and animals.
7. Disclaimers/Conditions. EXCEPT AS PROVIDED HEREIN, CONTRACTOR DISCLAIMS AND CUSTOMER WAIVES ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AS TO ANY MATTERS WHATSOEVER RELATING TO THE WORK, INCLUDING WITHOUT LIMITATION WORKMANLIKE SERVICE, ITS MERCHANTABILITY, OR ITS FITNESS FOR ANY PARTICULAR PURPOSE. THESE LIMITATIONS SHALL BE GIVEN THE GREATEST SCOPE AND PROTECTION TO CONTRACTOR AS MAY BE PERMITTED BY LAW. All Warranties provided in these terms and conditions are CONDITIONED UPON THE CUSTOMER’S PAYMENT FOR THE WORK IN ACCORDANCE WITH THE PAYMENT TERMS. Time is of the essence with respect to the Payment Terms.
8. Remedy. Under any circumstances for which Customer has a claim, whether for defects in the Work, or otherwise, Customer’s sole remedy shall be limited to, at Contractor’s sole discretion, THE REPAIR OR REPLACEMENT OF THE WORK. CONTRACTOR SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES TO CUSTOMER OR THIRD PARTIES FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES.
9. CANCELLATIONS. All sales final. no returns, no refunds. all money due prior to the commencement of work that is cancelled is recovered by contractor as liquidated damages.
10. Hazardous Substances. Customer will defend, indemnify and hold harmless Contractor from and against any and all claims, liabilities, fines, and all administrative and judicial remedial or enforcement acts, proceedings, judgments, and orders of any kind, and all expenses whatsoever, including without limitation, attorney and professional fees and expenses, incurred by Contractor relating, directly or indirectly, in whole or in part, to any hazardous substance.
11. Interpretation, Jurisdiction, Venue. This Agreement shall be governed by the laws of the State of Washington. Courts in Kitsap County, Washington shall have exclusive venue and jurisdiction over any controversy arising out of or relating to the Work. Contractor shall be entitled to its attorney’s fees, costs, and collection fees in any collection action or lawsuit to collect any amount owed.
12. Non-Disparagement Mutual Non-Disparagement. Subject to law customer will not disparage or denigrate contractor or contractor’s Representatives. Exception for Compelled Truthful Statements. Contractor may make truthful statements about customer or its Representatives, if compelled by court Order, Legal Proceeding, or otherwise required by Law, without violating the non-disparagement requirements under this section.
13. Miscellaneous. If Contractor’s the performance is prevented, hindered, delayed or otherwise made impracticable by reason of any cause beyond the control of Contractor, Contractor shall be excused from such performance of the Work. Except to the extent the parties otherwise agree in writing, the Proposal and these terms and conditions are the exclusive expression of the understanding of the parties in connection with the Work. If any term or provision herein is held by any court to be illegal or unenforceable, the remaining terms and provisions shall remain.
NOTICE TO CUSTOMER
This Contractor is registered with the State of Washington, Registration No. SAFESSE835BE, and has posted with the State a bond or deposit of $4,000.00 for the purpose of satisfying claims against the Contractor for breach of contract including negligent or improper work in the conduct of the Contractor’s business. The expiration date of this Contractor’s registration is January 6th 2023.
THIS BOND OR DEPOSIT MIGHT NOT BE SUFFICIENT TO COVER A CLAIM THAT MIGHT ARISE FROM THE WORK DONE UNDER YOUR CONTRACT.
This bond or deposit is not for your exclusive use because it covers all work performed by this Contractor. The bond or deposit is intended to pay valid claims up to $4,000.00 that you and other customers, suppliers, subcontractors, or taxing authorities may have.
FOR GREATER PROTECTION YOU MAY WITHHOLD A PERCENTAGE OF YOUR CONTRACT.
You may withhold a contractually defined percentage of your construction contract as retainage for a stated period of time to provide protection to you and help insure that your project will be completed as required by your contract.
YOUR PROPERTY MAY BE LIENED.
If any supplier of materials used in your construction project or an employee or subcontractor of your contractor or subcontractor is not paid, your property may be liened to force payment and you could pay twice for the same work.
FOR ADDITIONAL PROTECTION, YOU MAY REQUEST THE CONTRACTOR TO PROVIDE YOU WITH ORIGINAL “LIEN RELEASE” DOCUMENTS FROM EACH SUPPLIER OR SUBCONTRACTOR ON YOUR PROJECT.
The Contractor is required to provide you with further information about lien release documents if you request it. General information is also available from the state Department of Labor & Industries.