CONTRACT TERMS AND CONDITIONS
THIS IS A CONTRACT, NOT AN ESTIMATE, NOR RETAIL INSTALLMENT OBLIGATION NOR A RETAIL INSTALLMENT CONTRACT.
- The contractor shall furnish materials for the work in a substantial and workmanlike manner. No work other than that specified in this contract shall be done, without an additional charge.
- All prior understandings and agreements between buyer and contractor are merged in the contract. It completely expresses their full agreement. It has been entered into after full investigation, buyer not relying upon any statements are made by anyone else that is not set forth in this contract. Structural repairs and renovations shall not be deemed included unless stated.
- Buyer agrees that in the event of any breach of this contract on its part, whether such breach is prior of any. Partial or full performance of this contract, or at any time after the signing hereof, or if it shall be in an anticipatory breach or a repudiation of this contract, than contractor may at its option receive, collect and recover 25% of the total price set forth above and representing the liquidated damages of contractor so fixed by the parties as being fair, reasonable, agreed net profit contemplated by the parties to be earned by contractor. However, contractor may at its option sue at law for such additional or further damages as it may establish. Buyer hereby waives the right to a trial by jury in any action involving this contract. It is further agreed that in any action arising out of this contract & contractor may also demand, receive, recover and collect reasonable counsel fees for which it may be liable. If contractor is required to defend an action or counterclaim brought by buyer, then contractor shall be entitled to receive, recover and collect the additional counsel fees as well. No demand for payment, damages or counsel fees need be may by contractor.
- Prior to the commencement of the work, contractor shall have the right to rescind this agreement within thirty days from the date hereof for any reason whatsoever and upon such rescission shall be relieved and discharged of all the obligation and liability hereunder. Notice of rescission shall be given to the buyer in writing by registered or certified mail.
- The contractor shall not be liable for any interior or exterior damage to the premises or any personal property.
- The contractor shall obtain all permits required by local law at the buyer’s expense. Normal delay by the municipal departments shall not constitute a valid reason for buyer’s failure to pay for the goods and /or services supplied and rendered.
- Performance by contractor shall be subject to acts of god, strikes, fires, wars, inability to obtain materials or labor and other causes beyond contractor’s control.
- If any provisions of this contract conflict with retail installment obligation forms or regulation Z of the Consumer Credit Act ‘Federal Truth In Lending Act’ forms, then this contract is superseded by any contradictory provisions in those forms.
- In the event that any of these provisions shall be invalid or unenforceable, it shall not affect the validity of the other provision.
- Workmanship guaranteed for a period of one year, unless otherwise specified. No guarantee for hairline cracks on concrete. No guarantee against condensation from windows, doors, etc.