ACCEPTANCE OF TERMS: Allowing Hancock Home Repair LLC (HHR) to commence work or prepare to work constitutes Purchasers acceptance of HHR’s proposal, if any, and these Master Terms and Conditions.
INCLUSIONS / EXCLUSIONS: Please review this proposal thoroughly. This is an important part of the communication process. Items not specifically mentioned in this proposal, are not included. Additional work you wish to be completed should be added in writing to the final contract and initialed by both parties, or it will be treated as an addition to the contract and will be billed for over and above the contract sum.
PAYMENT: Full payment is due upon completion of the work. All delinquent accounts are subject to a $10 late charge, plus interest at 1.5% per month on all past due balances. It is understood that upon delinquency this account may be turnedover for collection to an attorney or collection agent. In that event, Purchaser agrees to pay all attorney’s fees and costs, court costs, collection fees and costs.
DISPUTES: In the unlikely event that disputes arise between the parties over any aspect of this contract or the work being performed, payment may be withheld in the amount commensurate with the value of that percentage of the work in question only.
ARBITRATION, COST, DAMAGES: All claims, disputes, and other matters in question between the Purchaser and HHR arising out of, or relating to this agreement shall be decided by the mandatory arbitration rules of the county in which the real property exists. For the purpose of this arbitration agreement, any and all dollar limitations imposed by those mandatory arbitration rules are waived. Although HHR may file an action for foreclosure of a mechanic’s lien upon the subject property, the underlying cause of action shall be determined in mandatory arbitration as set forth above. The award rendered by the arbitrator shall be final, and such award may be converted to judgment. The judgment may provide for foreclosure of mechanic’s liens. No action or suit to enforce Purchaser’s right or remedies arising from the sale shall be commenced later than one year from the date of HHC’s invoice for the work in question.
SELLER’S REMEDIES, APPLICATION OF PAYMENTS, TRUST FUND: If any portion of this agreement is breached or, in HHR’s judgment, Purchaser’s credit is impaired at any time, HHR has the right to decline further performance, except for cash, until Purchaser’s credit has been reestablished to HHR’s satisfaction, without prejudice to any other remedies of HHR. If Purchaser fails to perform its obligations to pay HHR, Purchaser shall pay: court or arbitration costs; and actual attorney’s fees, costs or expenses of any kind or nature incurred by HHR, whether in court, arbitration, bankruptcy, collection or administration proceedings.
REMEDIES: Purchaser agrees that, except as provided under “One Year Warranty” below, Purchaser’s exclusive remedy shall be to give HHR written notice of rejection of the work, and allow HHR twenty one days at HHR’s sole option to (1) repair the nonconforming work or goods; or (2) refund Purchaser’s purchase price. Purchaser agrees that no consequential damages of any kind shall be recoverable from HHR for delivery, non-delivery, sale or use of goods or services regardless of whether arising out of contract, warranty, negligence, strict liability or tort.
PERSONAL GUARANTEE: For value received, each and every person who signs this Agreement becomes individually liable for payment pursuant to this Agreement, waives presentment, demand protest, and notice of nonpayment hereof, binds himself as principal and not as surety and agrees to remain bound notwithstanding any extension that may be to any party liable hereon. If Purchaser is incorporated, all signatories become individually liable for the payment of the corporation’s debts to HHR and it is understood that credit would not be extended to the corporation without this assumption of liability.
HAZARDOUS MATERIALS AND WASTE: The cost of disposing of substances which the EPA or any jurisdiction classifies as hazardous is included in our proposal for items HHR purchases and furnishes on this project. The cost of disposing hazardous substances that are presently on site (such as lead paint, asbestos, etc.) unless specifically indicated in our proposal as hazardous materials to be removed is not included in our proposal.
ONE YEAR WARRANTY: All work will be performed as contracted, and to the commonly accepted industry standards. If within one year of our final billing, defects occur that are due to improper workmanship performed by, or materials applied by HHR, we will return to correct these defects absolutely free of charge. HHR must be notified in writing of the presence of defects within one year of the invoice for the work, and expressly reserves the right to complete all warranty work. This instrument contains the entire and only agreement between Purchaser and HHR, all prior and collateral representation, promises, and conditions being merged herein. There are no warranties or guarantees which extend beyond the description on the face hereof.