Terms and Conditions
We value every client and work hard each day to deliver personalized service and quality workmanship. We strive to deliver a finished project that will satisfy you. To achieve this – the scope of work must be established from the beginning so that you (the Client/Owner) and our company (Independent Contractor, IC) both understand the scope of the project. We must first come to an agreement about the scope, and what is included and excluded. If you have any questions, please let us know. We appreciate the opportunity to work on your home.
Contractor will stand behind our work and materials used based on the terms below:
- We provide a one-year workmanship warranty on our work, unless specified differently on the first page. This warranty is non-transferable to a new owner of the home.
- Many products carry a manufacturer’s warranty. In the event a manufacturer’s warranty applies, it shall take precedence over the Contractors’ warranty and Client shall rely on the manufacturer’s warranty to correct any issue.
- The Client Promises – to provide an original copy of the contract as proof of areas covered when requesting repairs.
- All material is guaranteed to be as specified on this Contract. All work to be completed in a workmanlike manner per standard practices. All agreements contingent upon the performance under this Contract may be suspended or modified due to accidents or delays beyond our control. Client to carry proper fire, hazard, and other necessary insurance on the Property.
- The warranty obligations are expressly limited to our providing labor and materials as described in this Contract necessary to remedy any repair work covered by our Limited Warranty or 10% of the contract price paid by you. The selection of options shall be in Contractor’s sole discretion.
- The Contractor, its agents and owner make no other warranties, expresses or implied, except as contained in this section. Warranties of merchantability or fitness for a purpose or arising from a course of dealing or usage of trade are specifically excluded.
- Material Types: The Contractor uses standard building materials and products for the specific surfaces and conditions of your home, unless requested differently in writing by the Client. Substitutions may be made at the Contractor’s sole discretion, unless otherwise specified.
- Equipment Storage: The Contractor will maintain a reasonably neat, orderly and safe working environment. After each work day, the materials and equipment will be stored at the job site.
- Homeowner Assistance: Please be advised, unless noted in writing by the contractor or its representative, you are responsible for having the home ready for work. The contractor, its agents, and owners are not liable for damages or delays caused by Client’s failure or inability to provide a suitable working environment.
- Asbestos, lead, and mold remediation are excluded from all Contract and scope of work. Contractor is not responsible or liable for remediation or any damages.
- In the event a project is scheduled to start on a specific date, agreed on by both the Contractor and Client/Owner/Tenant, and the Client/Owner/Tenant fail to allow access on this date without reasonable notice, they will be charged our standard service call fee of $95.
- Homeowner is responsible for permits, plans, plats, inspections, and county fees, unless otherwise specified in the Contract. Structural support beams and post installations, if needed, are additional costs to this Contract, unless otherwise specified.
- All belongings and furniture are to be moved by Client. Client gives Contractor permission to move house items if not moved prior to start of work. A furniture moving fee can be charged, if needed under special circumstances, and at the Contractors discretion. When moving furniture and belongings, Contractor is not responsible for any damages.
- All demo and installations can possibly cause drywall/plaster cracks/damages to occur. The repairs to these areas would be additional. After demo, any unforeseen issues would be an additional charge to the Client, unless otherwise specified in the Contract. For example, framing/wood rot, plumbing, electrical, or mechanical repairs.
- Contractor is not responsible for any preexisting conditions or settling of a home that affect labor and material installations.
- Flooring – sub floor replacement is additional, if needed after demo. Demo includes only 1 layer of flooring, all additional layers would be an additional cost, unless other specified in this Contract. Contractor is not responsible for squeaky floors, joist repairs, grout cracking. Stains/sheens to be selected by Contractor, unless specified by owner before installation/application.
- Roofing – plywood replacement is additional, if needed after demo, unless otherwise specified in the Contract. Demo includes 1 layer of roof shingles. Any additional layers, if applicable, will be an additional charge unless specified in contract.
- Counters – Clients understand slab colors will vary, and unless specified, give Contractor sole discretion to make selections.
- Color matching, when needed, will be done as best as possible by Contractor. Client agrees color matching or touch ups cannot be performed with exact certainty or uniformity.
- After work is completed, Contractor will only perform standard construction clean up. Client is recommended to hire a cleaning company upon completion.
Indemnification of Licensor:
“Design Pro” is owned by Design Pro Windows and Siding, Inc. (“Licensor”) and is licensed to Independent Contracting Firms for their use. As the Client, you agree not to assert any claim against the Licensor, its owners, agents, affiliates, officers, directors, predecessors, suppliers, and agree to indemnify and hold harmless Licensor from and against all claims whatsoever including legal fees and costs. You acknowledge that your only recourse, if any, shall be against the Contractor with whom you are contracting (the firm identified as the Independent Contractor on the front of this form) for home improvement services.
Terms and Conditions:
For the purposes of this Contract the following terms shall be defined as follows:
- You agree to pay the deposit to us, as stated on page 1 or 2 of the Contract. No work shall begin until the deposit is received. Work may cease without further obligation on the part of the Contractor if a progress payment is not made upon 50% completion (or per the outlined Contract payment plan) in the Contractor’s sole reasonable discretion.
- You agree to pay the Contractor the total amount owed under this Contract immediately upon completion of the Work. A finance charge of 1.5% per month shall apply to all unpaid amounts due. In the event a check is returned unpaid for any reason, you shall pay an additional $35 administrative charge. The price of the project stated on this Contract is based on a 5% discount for payment by cash or check. You agree that if payment is made by credit card, the price of the project shall be 3- 5% higher than the price set forth to cover the credit card processing fees assessed.
- The Contractor agrees to hold you free from the filing of mechanic’s liens for materials, labor or work only after full payment has been made in full. Contractor reserves the right to assign its rights under this Contract, in whole or in part, to any third party (including subcontractors) in its sole discretion.
- The Contractor agrees to commence services within the time stated on the Contract form – the weather, unforeseen event, labor and material shortages, and other conditions beyond the Contractor’s reasonable control may modify the actual commencement of service.
- If you want to order changes to the Work after signing this contract, such changes must be done by written or verbal agreement by Client and Contractor.
- In the event you feel that we have not fulfilled our Contract obligation – you shall notify us in writing via email or mail to the address listed for Contractor on the first page of this Contract. You agree to include in said letter a detailed written list of the items that need to be addressed. Upon receipt, Contractor shall have a reasonable time period to address the written list. You agree to not assert any suit, claim or action against the Contractor, its agents or owners for any alleged breach of contract whether under the limited warranty above or otherwise unless such notice is first given, and the Contractor is unable to adequately remedy the alleged breach within a reasonable time period.
- Under no circumstances shall the liability of the Contractor, its agents or owners for any breach of warranty or defect in the labor, materials supplied by Contractor or otherwise, exceed the total amount of money paid by you to us.
- The Contractor, its agents or owners shall not be liable for any consequential, punitive or special damages resulting from any breach of warranty, claim and contract, tort or otherwise.
- The deposit paid by you is non-refundable unless Contractor terminates the contract as allowed by law and under this Contract.
- If you cancel or breach the contract, the Contractor may, in Contractor’s discretion, retain the deposit as liquidated damages for the breach, representing the Contractor’s expected profits and other costs incurred under this contract, and terminate its obligation under the contract. These remedies shall not be exclusive.
- In the event Contractor has not commenced or is unable to commence services for you, Contractor may terminate this contract without any liability whatsoever upon refunding your deposit. In addition, should the Contractor become aware of conditions relating to the Work or the Property which could not have been reasonably determined on visual inspection of your Property prior to signing this Contract, then Contractor will bring such matter to your attention as soon as practicable for purposes of modifying the terms of this Contract. If we are unable to agree on such additional terms, then the Contractor shall be entitled to be paid a pro-rated amount of the contract price for work performed and may terminate its obligations without any further liability.
- Customer agrees to pay all costs of collection, including reasonable attorney fees and court costs and/or collection agency fees incurred by the Contractor in enforcing this agreement, whether or not suit is brought.
- This document contains the entire agreement of the parties, supersedes any prior agreement between the parties, and shall not be altered or amended except by a document in writing signed by both parties.
- Any notice required under this contract or otherwise shall be deemed given upon receipt or within five (5) days of its postmarked date with postage prepaid. Any notice to the Contractor shall be considered properly served only if it’s mailed by certified mail, return receipt requested, to the Contractor’s corporate office, located at the address set forth on the front of this Contract. Any notice to you shall be considered properly served if it is mailed by regular or certified mail or hand delivered to the address set forth on the front of this contract. d) If any provision of this contract shall be held illegal, invalid or unenforceable, such provision shall not affect any other provision of this contract and the remainder of this contract shall continue in full force as if such provision has not been in this contract. If the scope of any provision is found to be too broad to permit enforcement of such provision to its extent, it is the intention of the parties that such be modified to permit it to be enforced to the fullest extent permitted by law.
Notice of Cancellation:
You may cancel this Contract at any time prior to midnight of the third business day after the date of this Contract. To cancel this transaction, email or mail a signed and dated copy to the Contractors address listed on page 1 of this Contract, stating the reason for cancellation.