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Terms and conditions of Services Provided by ECM CARPENTRY LLC
Terms and conditions of Services Provided by ECM CARPENTRY LLCHomeowner agrees that by using the Company’s services, either before or after acceptance by the Company, to be bound thereby and in event of a breach of this contract by the Homeowner, the Company shall be entitled to full compensation for work performed, loss of profits, and in event of a legal dispute, all costs and reasonable attorney's fees. In no event shall the Company’s recovery be less than 20% of the contract sum. PermitsThe Homeowner is responsible for determining which permits are necessary for the project, obtaining and funding said permits, as well as obtaining approval from (if any) home association(s) in place. Materials; Matching and SubstitutionThe Company shall, to the best of its abilities, call attention to the Homeowner to the limitations of matching materials for the project to existing materials. The Company shall make every effort to match new and existing materials, texture, colors, stains, and finishes, although exact duplication is not promised. The Company may substitute materials if unable to obtain a close match. Property DamagesThe Homeowner will not expect the Company to be held responsible for any damage done by Acts of God, natural disasters, civil commotion, fire, or damage of public enemy. Haul Away/ Rubbish HaulUpon agreement of the project, a fee shall be determined for hauling away rubbish pertaining to the project. The fee will adjust according to size and amount to be removed in accordance with the project. If no fee is agreed upon the agreement of the project, the Homeowner is responsible for any materials to be removed, recycled, and disposed of. Liability WaiverIf any personnel from the Company is injured on site of the project during the course of specific work, Homeowner shall be exempt from any liability of such injuries to the fullest extent of the law. If personnel from the Company is injured for any reason other than the specific course of work, the Homeowner shall be held responsible to the fullest extent of the law. Toilet FacilitiesThe Homeowner should allow the personnel of the Company to use restroom facilities on the property or the fee for rental units shall be included in the Homeowner’s contract costs. Work AccessThe Homeowner shall grant the Company and all personnel access to the property and shall allow areas for materials and waste to be stored. The Homeowner shall also provide all utilities needed for the Company for work specified at the Homeowner’s cost. The Company and all personnel shall not be responsible for the closing of gates, doors, or windows for the protection of children and/or animals. Extra Time/ Delays in CompletionThe Company agrees to the best of its ability, work diligently to complete the project upon agreed time and date, but shall not be liable for delays caused by any of the following reasons: failure of Homeowner to sign off on any selections or changes, inclement weather, lockouts, extra work requested by the Homeowner, not in the original plan of project, inability to secure materials through regular recognized channels and/or imposition of government priority, allocation of materials, failure of Homeowner to make payments when due, or delays caused by inspections or changes in permits/ inspector ordered by the government concerned. Work StoppageShould the project be halted by public authority/ government bodies, through no fault of the Company, for thirty days or more, or should the project be halted through act of the Homeowner for a period of fifteen days, or should the Homeowner fail to pay the Company amount agreed to within fifteen days of any due dates, the Company, with seven days written notice to the Homeowner, may stop or terminate the contract and project and pursue the Homeowner for reimbursement for any materials used and work executed. (No less than 20% of the contract sum).Cancellation The Homeowner agrees that if for any reason they may need to cancel the project or halt work being done, they shall give the Company 5-day notice (48 hr notice required for small Carpentry Home Services appointments booked) or more prior to the commencement of the project start. Failure to give notice in accordance with this cancellation clause, the Homeowner will be responsible for paying the Company a minimum of 20% of the contract sum or reimbursement for work executed thus far. All agreements between the Homeowner and the Company related to the specified work are incorporated into this contract. Any other agreement shall be in writing as an amendment to this contract.