YOUR EXTERIOR PROS, LLC

TERMS AND CONDITIONS

The terms and conditions of this Agreement are as follows:

1.     PARTIES AND SCOPE OF WORK

Your Exterior Pros, LLC (hereinafter called “Contractor”), shall mean the company performing the Work.  “Work” means the specific services to be performed by the Contractor as set forth in the accepted quote or in any agreement between the Contractor and client.  “Client” refers to the person(s) or business entity ordering the Work to be done by Contractor, who shall be responsible for the payment thereof.  Client represents and warrants that Client is the lawful owner of the property upon which the Work is to be performed by Contractor in advance of commencement of the Work.  If Client is not the Owner, this fact must be disclosed to Contractor.  If the Client is ordering the Work on behalf of another, the Client represents and warrants that the Client is the duly authorized agent of said party for the purpose of ordering and directing said Work and that such Work has been approved in advance by the owner.  Unless otherwise stated in writing, the Client assumes sole responsibility for determining whether the nature of the Work ordered by the Client is adequate and sufficient for the Client’s intended purpose.  In performing its Work, the Contractor shall be entitled to rely on the Work of third parties, the representations of Client and the public record and shall be under no obligation to verify any of the foregoing.  The ordering of additional services and/or materials from Contractor beyond the scope of Work shall also constitute acceptance of the terms of these Terms and Conditions  as to such additional services and/or materials.

2.     RIGHT OF ENTRY

The Client shall provide rights of entry for Contractor and/or its representatives and necessary permissions in order for Contractor and/or its representative to complete the Work.

3.     CHANGES

3.1   Unless otherwise specified in writing, the price for the Work is based on the understanding that all structural members and other components are in fact in sound condition.  If any conditions are encountered that are not currently visible, Client agrees to pay Contractor additional compensation that may be necessary based on Contractor’s normal rates and as agreed in writing by both parties.

3.2   Any alteration or deviation from the scope of Work involving extra costs will be performed only upon written agreement signed by both parties, and will become an extra charge over and above the estimate.

3.3   Client agrees that Contractor has the right to substitute materials with equal or superior quality material should the materials listed in the description of the Work become unavailable for any reason.  Contractor has the right to make such substitution without notice to or permission from the Client.

4.     SCHEDULING OF WORK

If the Contractor  is required to delay commencement of the Work or if, upon embarking upon its Work, Contractor is required to stop or interrupt the progress of the Work as a result in changes in the scope of Work requested by the Client, or in order to fulfill the requirements of third parties, strikes, accidents or other interruptions in the progress of construction, or other causes beyond the direct control of Contractor, additional charges may be applicable and payable by the Client and the approximate completion date of the Work shall be extended to take into account the period of delay.  Contractor shall not be liable for any delay damages.  Any delays caused by any event or events beyond the control of the Contractor do NOT constitute abandonment and are not included in calculating timeframes for payment or performance.

5.     HOMEOWNER/CLIENT ADVISORY

Most roofing, siding & exterior renovation jobs may involve major demolition of materials and minor disturbances may occur.  Contractor will NOT be responsible for any interior damages and advises the client to remove all wall hangings, light glass fixtures, and other fragile items prior to start of Work.  Any items in attic should be covered for protection from falling debris and dust.  Contractor shall not be responsible for interior drywall cracks, nail pops or any damage to any items on the interior of the  home or Work site including damage to shrubbery, outside plants, landscaping, yard furniture, decking, sprinkler systems, or driveways during the process of the Work.  Upon request from the Client, the Contractor will assist in covering or removing these items.  Upon completion of the Work, the property will be swept with a metal magnet and all debris associated with the Work will be removed.  Contractor will re-install any roof mounted antennas or satellite dishes unless otherwise directed by Client.  Contractor will not be responsible for proper alignment or reception of same.

6.     TERMINATION

6.1   If either party fails to fulfill in a timely and proper manner their obligations under the agreement, the non-breaching party shall have the right to terminate this agreement by written notice of termination, specifying the effective date thereof, at least two (2) business days before effective date, in which event the Client shall be obligated to immediately pay the Contractor compensation based on the Contractor’s normal rates for any Work completed prior to the effective date of termination, including charges for both labor performed and materials purchased by Contractor prior to such date, in addition to the Contractor’s overhead and profit on the portion of the Work which remains uncompleted as of the cancellation date.

6.2   In the event Client cancels this agreement more than (3) business days after the date of the agreement, for any reason not related to Contractor’s failure to fulfill in a timely and proper manner its obligations under this agreement, Client shall be obligated to pay to Contractor, as liquidated damages and not as a penalty, a sum of money equal to twenty-five percent (25%) of the quoted price, or Contractor’s charges for labor and materials provided prior to cancellation, whichever amount is greater.

7.     WARRANTY

THE WORK WILL BE PERFORMED IN ACCORDANCE WITH THIS AGREEMENT, ALL REQUIRED BUILDING CODES, INSPECTIONS, THESE TERMS AND CONDITIONS, AND GENERALLY ACCEPTED PRACTICES.  ALL BUIDLING & ZONING PERMITS, INSPECTIONS AND COSTS IF REQUIRED ARE THE RESPONSIBILITY OF THE CLIENT UNLESS SPECIFICALLY NOTED OTHERWISE IN THIS AGREEMENT.  WORKMANSHIP IS GUARANTEED AS INDICATED IN THIS AGREEMENT.  THE MANUFACTURER’S PRODUCT WARRANTY IS THE ONLY WARRANTY ON THE PRODUCTS , THERE IS NO OTHER PRODUCT WARRANTY.  THE FOREGOING WARRANTIES AND REMEDIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES, GUARANTIES, AND LIABILITIES, EXPRESSED OR IMPLIED, ARISING BY LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE EXPRESSLY EXCLUDED.  ALL WARRANTIES ARE VOID IF SUMS DUE TO THE CONTRACTOR ARE NOT PAID IN FULL, OR IF UNAUTHORIZED SERVICE, ALTERATIONS OR ADJUSTMENTS HAVE BEEN MADE TO ANY OF THE WORK.

8.     PAYMENTS

8.1   Payment is due in full upon substantial completion of the Work, unless other arrangements are made in writing, agreed to, and signed by both the Contractor and Client. 

8.2  If at any time an invoice remains unpaid for a period in excess of thirty (30) days, a service charge of one and one half percent (1-1/2%) per month from the date of original invoice, an effective maximum rate of eighteen percent (18%) per annum, will be charged on past due accounts.

8.3  Timely payment of amounts due under the agreement is a condition of this agreement.  Failure to make payments in full within the time limits stated above will be considered substantial non-compliance with the terms of this agreement and will be cause for termination of this agreement if Contractor so chooses.

8.4  In the event a lien or suit is filed by Contractor to collect any amounts under this agreement, Client agrees to pay Contractor reasonable attorney’s fees, plus all costs and other expenses incurred by Contractor in connection with such lien or suit.

8.5  All parties agree to waiver of trial by jury.

9.     LIMITATION OF LIABILITY

9.1   CONTRACTOR SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND WHICH RESULT FROM FIRE, FLOOD, STRIKE, THIRD PARTIES, ACTS OF GOD, ACTS OF TERRORISM, OR BY ANY OTHER CIRCUMSTANCES WHICH ARE BEYONG THE CONTROL OF THE CONTRACTOR INLCUDING BUT NOT LIMITED TO SEVERE WEATHER.

9.2   CONTRACTOR’S LIABILITY FOR DAMAGES OF ANY KIND DUE TO BREACH OF WARRANTY, CONTRACT, ERROR, OMISSION OR NEGLIGENCE OR ANY TORT SHALL BE LIMITED TO MAXIMUM OF THE TOTAL AMOUNT PAID TO CONTRACTOR UNDER THIS CONTRACT.  UNDER NO CIRCUMSTANCES SHALL CONTRACTOR BE LIABLE FOR SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES.

9.3   IN THE EVENT CLIENT DESIRES TO MAKE ANY CLAIM AGAINST CONTRACTOR, CLIENT SHALL PROVIDE CONTRACTOR WITH WRITTEN NOTICE OF THE CLAIM WITHIN SEVEN DAYS FRM THE DATE CLIENT, OR ITS AGENT, FIRST DISCOVERS THE CLAIMS OR THE SAME SHALL BE BARRED.  ANY CLAIM AGAINST CONTRACTOR BROUGHT ON THIS CONTRACT OR IN ANY WAY ARISING OUT OF THIS CONTRACT MUST BE FILED WITHIN ONE YEAR FROM THE TIME THE CAUSE OF ACTION ACCRUED OR IT SHALL BE TIME BARRED.

9.4   UNDER NO CIRCUMSTANCES SHALL ANY EMPLOYEE, STOCKHOLDER, OFFICER OR AGENT OF CONTRACTOR HAVE ANY INDIVIDUAL LIABILITY TO THE CLIENT; NOTWITHSTANDING THE AFORESAID, IN THE EVENT ANY JUDGMENT IS ENTERED AGAINST ANY SUCH INDIVIDUAL, CLIENT AGREES TO LOOK EXCLUSIVELY TO THE ASSETS OF CONTRACTOR FOR SATISFACTION OF SAID JUDGMENT.

10.   INSURANCE

Contractor will carry Worker’s compensation and commercial general liability insurance  covering the Work.  Client will carry fire, builder’s risk and all other necessary insurance coverage.

11.   SEVERABILITY

In the event that any provision herein shall be deemed invalid or unenforceable, the other provisions hereof shall remain in full force and effect and binding upon the parties hereto.

12.   ENTIRE AGREEMENT

This contract constitutes the entire understanding of the parties and no other understanding, collateral or otherwise, shall be binding unless in writing and signed by all parties hereto.

13.   APPLICABLE LAW

This contract shall be interpreted, administered, and enforced in accordance with the Laws of the State of Georgia.  Any claim related to or arising out of this Agreement shall be brought in Chatham County, Georgia.

14.   MOLD DISCLAIMER

This contract does not include, unless explicitly specified, any mold abatement, removal, or cleaning.  If mold is found existing on the premises, any cost to abate, remove, or clean shall be paid by Client as an additional charge.  In addition, any warranty given to Client under this contract does NOT include the cost to abate, remove, or clean mold that may be found on the premises in the future.

15.   RIGHT OF CANCELLATION

Client may cancel this transaction without penalty or obligation, within three business days from the original signature date.  Any deposit will be refunded in full unless special order materials are involved.  Special order costs will be refunded ONLY if the material are returnable by Contractor for a full refund.

To cancel this transaction, mail or deliver a signed and dated copy of this cancellation notice or any other written notice prior to midnight of the third business days from the original signature date to:

YOUR EXTERIOR PROS, LLC

Notice of intent to cancel contract:

Date: ___________________

Property Owner/Client:_______________________

Property Owner/Client address:______________________________

_______________________________________________________________

_______________________________________________________________