A2 Qualitay Home Improvement
Terms & Provisions
Terms & Provisions
I. Free* Consultation: Initial consult and the single accompanying proposal is free*. This is for the proposal only. *Plans, designs, material lists, permit packets, etc. may require an additional fee depending on the scope of the requested work to be done and how much time will be needed to research and prepare the requested documents. If there are multiple separate proposals requested etc. Any charges for such will be fully disclosed at time of consultation.
i. In few cases we must also charge a trip fee due to location. If such a fee is necessary prospective client will be informed of such at the amount upon scheduling of consultation.
II. Proposals: Are valid for 30 days unless otherwise stated by Contractor in writing.
i. Any proposals accepted after the 30 days may be subject to increased material or labor costs.
III. Authorization & Acknowledgement: The client or client representative verbally agreeing to a proposal through acknowledgement verbally, in writing, or by permitting Contractor to begin work on a project agree that there actions are taken as authorization and acknowledgement of these Terms and Provisions. Furthermore, the client by such actions has entered into a binding non transferable legal agreement / contract in which Contractor will hold them personally responsible for fulfillment of the terms, provisions, and execution of such including all labor, material, tax, and fee payments as detailed by said accepted Proposal, Contract, Agreement, Bid Memo, Change Order, Extra Work Order, Invoice, or the like regardless of the format in which they were presented, received, or authorized including written, verbal, text, phone, email, facsimile, etc. means.
i. All subsequent proposals, Bid Memos, Extra Work order, Invoices, etc. completely void previously submitted versions, and it is understood that these Terms and provisions continue throughout all.
IV. Start Date: The estimated or proposed start date of a project is not guaranteed. Numerous variable can affect such. Most of which are beyond the control of the Contractor. In the event a scheduled project is which a deposit has been made needs to be rescheduled, postponed, or delayed due to Contractor's schedule. The Contractor will notify the client as soon as possible and reschedule client for the next available time slot. Like-wise if a client needs to reschedule a project they are required to give maximum notice possible to Contractor. Failure to do so may result in client being charged a rescheduling fee for creating gaps in Contractors schedule.
V. Deposits and Payments: Deposits at minimum are made to cover initial expected and described materials, and a portion of the labor. So that the Client is also invested in their project. Occasionally exceptions are made for very small projects. Such is at the sole discretion of the Contractor.
i. All payments made to Contractor are non-refundable for any reason including deposits.
ii. In the event of cancellation of a project prior to start the deposit is kept as damages.
iii. Payments are expected to made to Contractor in a timely manner as described by the payment schedule within the accepted proposal. Unless Contractor agrees to alternative payment schedule prior to the date due.
a. Failure to do so may be considered breach of contract at Contractor's discretion.
b. In addition, all work on a project will cease until payment and late fees are paid in full.
VI. Late Fees: A late payment fee of $50 is accessed the day after payment was due. In addition, a fee of $% per day will be assessed beginning on the second day after the payment was due and will continue every day until all payments and fees are paid in their entirely.
VII. Project Timeline: Expected duration of a project is merely as estimation of the length of time a project may take to complete given perfect conditions. It is a reference guide only and in no way is a guarantee of duration or completion time of a project.
VIII. Aggregate Labor: Labor quotes within proposals are derived from the basis of doing all work described. Any itemization of labor is solely for illustration purposes only. Removal of any parts of a work order will not be cause to lower the labor charged.
IX. Additional Orders: While we typically do not expect there too be any additional charges beyond the excepted proposal in order to complete solely the work described within said proposal, unforeseen circumstances do arise on occasion which are beyond to control of the Contractor. Which may be unknown at the time of proposal which may be cause for additional costs in order to perform the requested service. Bid-memos for such will be submitted and are not negotiable. However, we will do everything in our power to minimize their occurrence if any and the subsequent cost of such.
i. Any alteration or deviation from the accepted proposal's described specification for a project including but not limited to any such addition, change, alteration, and/or deviation involving extra material and/or extra labor costs, will be executed by verbal and/or written order for the same. Verified and accepted by Client and said Contractor via written or verbal authorization.
ii. In addition, any charge for such will be in addition to the Grand Total price of the accepted proposal.
iii. Contractor will not do extra work, additions, changes or alterations for free, or incorporate them into an existing order.
X. Additional Labor: All client requested change orders, extra work orders, and/or alterations to original accepted proposal which require additional labor will be billed at $90 per hour. Regardless of any discount offered as incentive within the original accepted proposal.
i.Without additional labor the Contractor will not make changes to a project after sections of completion or project completion in it's entirety due to Client failure to notify client of such in a timely manner. Or due to Client changing mind after the fact.
XI. Materials: All materials purchased by, for, or on behalf of the client are the property of the Contractor until which time all payments have been made per all orders in their entirety, and the contract has been fulfilled.
i. In the case of breach of contract all materials purchased by the contractor will be returned by Contractor if possible, and the monies from such will be retained by Contractor as damages in this instance.
Contractor accepts no liability for materials left at service address. Client is responsible for materials delivered to or left the service address. Damage or theft of any materials while under the care of the Client will be subject to replacement at an additional cost to Client. In addition to additional labor, acquisition, and delivery fees for reacquiring the materials.
XII. Breach of Contract:
i. In the case of breach of contract all contracted labor from original accepted proposal and all additional orders including those approved in writing and verbally requested of Contractor are due immediately in full, the day of breach. Failure to do so will result in collections and civil action brought against client pursuant to states labor laws including lien on property, negative credit reporting, garnishment of wages, and suit for punitive damages
ii. Refusal to accept the costs of added materials and / or labor to complete a project as described in accepted proposal or additional requested orders is ground for breach of contract.
iii. In the event of dismissal of Contractor for any reason other than Contractors refusal to fulfill articles within the accepted proposal or additional orders will be considered breach of contract.
XIII. Employees: Contractor's employees are legally categorized as sub-contractors and issued form 1099 for wages paid.
XIV. BWC: Contractor agrees to carry Bureau of Workers Compensation Certificate and keep active. Certificate posted in work trailer.
XV. Insurance: Contractor also agrees to carry $1,000,000 general liability insurance. Certificate is posted in work trailer and available to client only upon request.
XVI. Contractor accepts no liability for actions of or damage caused by persons not employed via sub-contractor agreements to Contractor. I.E. vendor delivery drivers.
XVII. Limited Liability Warranty: Begins the day after a project is completed for a duration of 30 day unless otherwise agreed to in writing at the time of acceptance of a proposal. Labor warranty only covers those items described specifically within the accepted work orders. A trip fee of $60 will be charged as a service call fee for all warranty and non-warranty work in order to access cause of issue, travel time, and fuel cost.
i. Items which may be cause for warranty repair are based soley on the Contractors descretion as to whether or not the issue at had is due to Contractor craftsmanship or error, which will be covered. Any other reason not limited to normal use, including material failure, misuse, abuse, neglect, etc. are not covered under any warranty provided by Contractor.
ii. If repair are to be made under warranty, this warranty only covers the labor that would normally be charged for such repair.
iii. The client is responsible for all additional cost associated with items not covered under the warranty. Including labor billed at standard $90 p/hr rate and any required materials needed for the repair.
iv. Contractors decision in these matters is final as is accepted by Client as expert.
XVIII. Material Warranty: Materials are not warranted by Contractor in any way. Clients will be provided with registration information for any materials which have a manufacturer's or extended warranty. It is the responsibility of the Client to fill out and mail in warranty cards etc. Contractor does not keep this information on file.
i. Hard Flooring: Expansion or shrinkage of a product is a characteristic of the material. It is not a reflection of the craftsmanship, and as such is not warranted under Contractor's limited labor warranty.
XIX. Quality Control: It is the responsibility of the Client to bring any issues they may have with craftsmanship, materials, etc to the attention of the Contractor immediately. Failure to due so will void any warranty.
XX. Waiver: By accepting any proposal, agreement, contract, work order, or permitting Contractor to begin work on a project the client waives any right to take any formal legal action against A2 Quality Home Improvement, Contractor, Representatives, affiliates, or vendors via any level of court and/or legal system and agree irrevocably that Client's only recourse for irreconcilable differences if ever any were to occur between the client and Contractor must be forwarded to third party arbitration accredited by the state of Ohio..