1. SCHEDULING Contractor will expeditiously complete the work, subject to availability of materials, the inability to obtain the quality and quantity of materials, restricted access to the worksite, delays in communications with the Customer, differing site conditions, insufficient or unworkable drawings or specifications, changes in the work, lack of timely receipt of payment from the Customer, or any causes beyond Contractor's control.
2. PAYMENT OF CONTRACTOR'S INVOICES Contractor shall invoice the Customer on a periodic basis. Payment is due in full within 5 days of the Customer's receipt of the invoice, including invoice for final payment. Any accrued balance owing and unpaid to the Contractor, regardless of whether the amount in dispute is liquidated or unliquidated, shall bear interest at 18% per annum from the date of invoice. All bounced checks incur a $25.00 return charge. When using a credit card there is a 3% Processing Fee against the amount charged; EST accepts all major credit cards for transactions over $1,000.00. Should a scope of work change at the end of a project, the final balance less a rentention will be collected. The retention will be collected after completing any scope of work change/add on's.
3. CHANGES IN THE WORK A. Written Change Orders. The Customer may request change orders after commencement of construction. Such requests shall be made directly to the Contractor or to a lead person designated by the Contractor, and not to subcontractors. Change orders should be reduced to a written change order signed by both the Customer and the Contractor in order to avoid misunderstandings over cost or scope of the change order. A written change order must be on a form prepared by the Contractor, and shall state the effect of the change order upon the contract price and the completion date. B. Oral Change Orders. The Customer may elect to orally authorize or approve a change order, in which case the Contractor may proceed as directed by the Customer or the Customer's authorized representative and without a written change order. Unless a change order has been prepared in writing and signed by both parties, the price of change order work shall be determined as follows: The Customer shall reimburse the Contractor for all costs of materials, subcontractors, permits, fees, and shall pay a markup of 20 % on such costs and shall pay all labor at $45.00 per hour.
4. CORRECTION OR COMPLETION OF WORK
A. Punch List. At such time that the Contractor determines that the work is substantially complete, the Contractor shall notify the Customer of substantial completion. Customer may review the work performed by Contractor and identify any items which the Customer believes need to be corrected or completed. This is called a punch list. There shall be only one punch list. The punch list shall be signed and dated by the Customer and presented to the Contractor. The Contractor shall complete the punch list items for which the Contractor is responsible under the contract.
B. Final Payment. Upon the Contractor's completion and/or correction of the work identified on the Customer's single punch list, any hold-back withheld from final payment shall be paid within the next five (5) days to the Contractor.
C. Opportunity to Correct/Complete. The Customer shall not offset the cost of completing any work stated on the punch list against any balance owed to the Contractor, nor shall the Customer contract with a third party for the performance or completion of work within the scope of this Agreement, nor shall an owner or tenant occupy or use the Contractor's work until and unless the Contractor shall have been first provided the notice and opportunity to complete the punch list work. If the Customer does contract with a third party to perform the punch list work or otherwise complete the project without first affording the above-described opportunity to the Contractor, or if an owner or tenant commences to use or occupy the Contractor's work or the space in which the Contractor performed work, the Customer accepts all work "AS IS" and waives any claim against the Contractor.
D. Opportunity for Pictures. In the unlikely event that the Customer remains unsatisfied with the Contractor's work after providing the Contractor with access and opportunity to correct and complete the Contractor's work as stated above, and the Customer chooses to hire a third party to correct or complete the Contractor's work, the Customer shall first provide Contractor with written notice and reasonable opportunity for the Contractor to take pictures of the Contractor's work at the job site prior to a third party correcting or completing the Contractor's work. Otherwise, any disagreement between the Customer and the Contractor as to the state of the Contractor's work when the Contractor's services were terminated shall be resolved in favor of the Contractor and the Customer shall be deemed to have accepted all of the Contractor's work "AS IS" and waives any claim
A. The Contractor warrants that its work will be performed in accordance with the contract documents and in compliance with all applicable laws. The Contractor warrants that it will promptly return to the project at the Contractor's sole expense and repair or replace, as necessary, any work which does not comply with the requirements of this Agreement.
B. The Contractor's warranty expires 1 year/s from the earlier of: (1) substantial completion of Contractor's work & receipt of full payment due, or (2) termination of the Contractor's services, whichever occurs first. Any warranty claim of the Customer shall accrue only during this period. Any warranty claim must be written and sent by mail or fax to the Contractor during the warranty period or it is waived. Any warranty claim or any other cause of action arising from Contractor's performance of this Agreement, including the warranty, must be filed in a court of competent jurisdiction within sixty (60) days of the expiration of the warranty. Any unresolved, unasserted or undiscovered claim or cause of action, including any claim for tort and indemnification, which is not filed within sixty days from the expiration of this warranty is waived. Any claim asserted under this warranty or other terms of this Agreement is expressly limited to claim(s) made in writing and sent to the Contractor during the warranty period as specified above. Warranty work performed by Contractor does not extend the warranty. If anyone other than Contractor performs or re-performs any of Contractor's work, then Contractor shall be relieved of its obligations under this warranty and the Customer shall be deemed to have waived the benefits of this warranty.
C. Countertop warranty covers seam installations ( to remain bonded and without lippage ), and sink attachments.
D. Countertops come with a 90 day service warranty in which if there is caulking separation b/w the wall and backsplash, between the backsplash and countertop, ESTD will return to reapply a bead of caulking/ silicone as required.
E. For Tile Installations ESTD offers again a 1 year warranty on all workmanship to cover, grout touch up's from pin holes, gappage b/w the countertop & backsplash as a result of settling, caulking b/w the tile backsplash, tile vertical wall tile and drywall.
F. Any damage incurred from homeowner/ client use will be charged and categorized under Service Work.
6. EXCLUSIONS The Contractor disclaims responsibility and shall not be liable to the Customer for any of the following items:
A. Natural Stone Disclaimer: Natural stone is a product of the earth and as such will vary in color, movement and appearance from stone to stone. Therefore, Customer's final material selections are ultimately the customer's responsibility. Customer should be sure to carefully inspect all products for color, appearance, and acceptability before they are ordered. The quality of the stone's face will not be touched or enhanced by us unless the scope of our agreement specifically so states.
B. Clients are provided with possible seam locations at time of consult and template. However, the final location/s is a unilateral decision made by the templater and shop foreman prior to production.
C. "Natural Stone &/ or Exotic Granites"- Lay out. Custom surfaces are cut and manufactured from raw slab materials. Unless the Customer specifically requests the right to direct Contractor's layout of templates, the Contractor will lay out templates on the raw slab using its best professional judgment- Client agrees to accept chosen method of layout.
D. Protection of surrounding surfaces is the responsibility of the Customer. Contractor's work will likely result in the generation of dust.
E. Preparation of surfaces. Contractor is responsible for preparing, leveling, cleaning, demoliting or removing any materials in order for it to conduct its work unless specifically set forth in this Agreement. Customer is responsible for presenting Contractor with a clean and ready jobsite and work area. ■ If EST, Inc. is contracted to remove existing countertops and the cabinets are not leveled, EST, Inc. will level the cabinets by shimming. Furthermore, wood trims/moldings removed prior to installation are not the responsibility of EST, Inc. to re-install upon completing contracted work. Should the homeowner elect to have EST, Inc. install the wood trims/moldings, EST, Inc. will not be held responsible for dissatisfactory installation, as EST, Inc. is not a wood craftsman company. EST is not a licensed, bonded or insured plumbing or electrical company- we cannot reconnect or reconstruct new or existing plumbing lines, electrical and/or gas lines; hence we are not financially obligated for any applicable reconnections pertaining to such areas.
F. Disposal. Unless specifically set forth in the scope of this Agreement, Contractor is not responsible for disposing any materials other than scraps that are generated by the Contractor. EST will not dispose of any sinks.
G. Unforseen Conditions. Contractor's understanding and familiarity with the surfaces and areas surrounding its work are based only on Contractor's visual inspection of the premises. In the event Contractor discovers hidden or unseen obstructions or items that impact Contractor's ability to perform its work (e.g., dry rot), Customer shall be responsible to pay for any additional labor or materials required as a result of the unseen or hidden condition(s) pursuant to Paragraph 3, above,
7. DISPUTES AND REMEDIES
A. Procedure. If a dispute should arise between the parties, the parties shall promptly meet and attempt in good faith to resolve the dispute. Openness, civility and good faith are required of both parties. Any unsettled disputes between the parties shall be decided by a suit filed in an appropriate court of jurisdiction unless the parties mutually agree otherwise. If suit is filed in a Superior Court, the suit shall be decided according to the Mandatory Arbitration Rules (MAR) regardless of the amount in dispute and without limitation on the amount to be awarded by the Arbitrator. The MAR Arbitrator shall determine the validity and enforceability of a lien, if any, and the award shall not be limited by otherwise applicable MAR limits. The parties expressly waive their right to a trial de novo (appeal) and further expressly agree to accept the Arbitrator's decision as binding and final.
B. Attorney Fees. In the event that a lawsuit is filed to enforce this Agreement, the prevailing party shall be paid its attorney fees and costs by the non-prevailing party.
C. Time Limit for Filing Claim. No action may be commenced by Customer against Contractor as to any claim, known or unknown, arising from Contractor's performance of this agreement or lack thereof, including but not limited actions for breach of contract, breach of warranty, tort, indemnification, or actions based on equitable principles, unless the action is commenced within sixty (60) days after the expiration of Contractor's warranty period, which is defined in the Warranty Section. 8. Signer also agrees to be listed as a referral for a designated period set by EST following the completion of the job. The only information listed is one's Name, Phone Number and brief description of project completed is listed. No other information will be provided nor will be sold to any mailing list. If the signer prefers not to be listed on the referral sheet or have certain items of information released, it must be done so 3 days following completion. 9. In the event of damage to the jobsite, EST will cover the damages caused to the specifics areas. The damages must be brought to EST's attention immediately, photographed and dated. Should there have been any other contractors or individuals on site in conjunction to EST's workmanship- the damage has to have been seen being done by a member of EST and noted.
10. TERMINATION Contractor retains the unilateral right to terminate this agreement at any time and for any reason. In the event Contractor invokes its right to unilateral terminate this agreement through no fault of Customer, Customer shall be obligated to pay the Contractor for the value of materials and labor received up to the date of Contractor's termination. In the event Customer terminates this agreement through no fault of Contractor, Contractor shall be entitled to retain any deposits paid or owing under this agreement as liquidated damages, with the understanding that in the event of such termination, it would be difficult for Contractor to quantify the dollar amount of its damages and the amount of Customer's deposit roughly corresponds to the amount time and effort initially expended by Contractor in preparing for its work on the project. In the event Customer terminates this agreement through no fault of Contractor at a time after Contractor has already begun performing labor or furnishing materials, Customer shall be obligated to pay the contract price, less Contractor's costs avoided.
NOTICE TO CUSTOMER This contractor is registered with the state of Washington, Registration No. EUROPST880D2 and has posted with the state a bond of $6,000 for the purpose of satisfying claims against the contractor for breach of contract including negligent or improper work in the conduct of the contractor's business. The expiration date of this contractor's registration is 03/21/2016. THIS BOND OR DEPOSIT MAY NOT BE SUFFICIENT TO COVER A CLAIM THAT MIGHT ARISE FROM THE WORK DONE UNDER YOUR CONTRACT. This bond or deposit is not for your exclusive use because it covers all work performed by this contractor. The bond or deposit is intended to pay valid claims up to $6,000 that you and other customers, suppliers, subcontractors, or taxing authorities may have. FOR GREATER PROTECTION YOU MAY WITHHOLD A PERCENTAGE OF YOUR CONTRACT. You may withhold a contractually defined percentage of your construction contract as retainage for a stated period of time to provide protection to you and help insure that your project will be completed as required by your contract. YOUR PROPERTY MAY BE LIENED. If a supplier of materials used in your construction project or an employee or subcontractor of your contractor or subcontractors is not paid, your property may be liened to force payment and you could pay twice for the same work. FOR ADDITIONAL PROTECTION, YOU MAY REQUEST THE CONTRACTOR TO PROVIDE YOU WITH ORIGINAL "LIEN RELEASE" DOCUMENTS FROM EACH SUPPLIER OR SUBCONTRACTOR ON YOUR PROJECT. The contractor is required to provide you with further information about lien release documents if you request it. General information is also available from the state Department of Labor and Industries. I have received a copy of this disclosure statement.
* No Exceptions *
Estimate Template (s):
> Retail: [D#13333]
> Wholesale: [D#13334]
> Client agrees and confirms that new appliance unit to be ONSITE for cooktop enlargening. Should the new unit NOT be onsite and client/ contractor supplies European Stone & Tile with designated cut marks, if the new unit not fit upon it's arrival post cooktop cutout service call, a return trip charge or one hour minimum will be charged, whichever is greater to readjust the opening.
> Client accepts that enlargening an existing cooktop cutout opening can result in potential fissures in some natural stones to open and create surface cracking. Incorrectly cut quartz openings from previous manufacture has the potential when enlargening to cause quartz materials to crack too.
> Client accepts that any incidents resulting from a cooktop cutout due to the vibrations of our blades will be additional costs incurred by the homeowner for the required repair(s). Such repairs will be billed at the designated hourly rate as listed on this service agreement.
> Should repairs be required, homeowner accepts that European Stone & Tile Design will furnish the repair to the best of the materials ability allows.
> Should a countertop be beyond reasonable means of repair, client accepts and acknowledges a quote can be provided for replacement costs of the irreparable countertop at client expense.
TILe materials terms
CUSTOMER NOTES • SPECIAL ORDERS FINAL. Sales of special order items are final and non-cancelable once European Stone & Tile Design has placed the order with the manufacturer, and customer will be responsible for payment for all such special orders.
• STOCK ORDERS. Returns are allowable with a 30% restock fee within 30 days of purchase.
• NO WARRANTIES. Customer acknowledges that variations in shade, color, texture and/or size are inherent in ceramic, porcelain, glass, cement and stone tiles and/or slabs. Material is sold “as is,” and European Stone & Tile Design makes no warranties except as provided herein, whether express or implied, and whether of merchantability or fitness for a particular purpose. In the event tiles were cracked or damaged upon delivery to Customer, European Stone & Tile Design sole liability and Customer’s sole remedy shall be limited to replacement by European Stone & Tile Design of such cracked or damaged tiles PROVIDED Customer makes claim to European Stone & Tile Design within five (5) days of Customer’s receipt of such items.
After installation, European Stone & Tile Design shall have no responsibility whatsoever to replace or exchange product.
Each slab purchased is deemed delivered and risk of loss or damage to each slab passes to Customer once loaded on Customer's/Receiver's truck. European Stone & Tile Design will not accept return of any slab product once slab(s) have been loaded on Customer's/Receiver's truck
• It is the responsibility of the contractor, homeowner, and/or installer to determine quantity, and European Stone & Tile Design is not liable, nor shall it give credit for, excess items.
• Prices set forth in this agreement will be honored by European Stone & Tile Design for a period of thirty (30) days.
• It is recommended that Customer inspect all material immediately upon receipt. Installation should be scheduled after inspection. European Stone & Tile Design is not liable or responsible for claims or damages due to rescheduled installation.
• FREIGHT CHARGES ARE ESTIMATES AND SUBJECT TO CHANGE. Customer acknowledges that European Stone & Tile Design has provided a good faith estimate of shipping cost, based on general guidelines provided by our shippers. Specific weight and packing requirements may increase or decrease the overall shipping cost.
• Client agrees to pay all costs of collection, including court costs and attorney’s fees if European Stone & Tile Design deems it necessary to pursue collection of unpaid invoices.
• In the event of any disputes arising during or after installation, but not involving unpaid invoices, the prevailing party shall be entitled to recover its attorney’s fees and costs incurred in connection therewith. • Interest will be charged for unpaid balances over 30 days at a rate of 1.5% per month (18% per annum)