Terms & Conditions
Unfortunately in this day and age this page is necessary with respect to protect both you the client and ourselves.
I. Initial consult is typically free. However, in some instances mostly those relating to distance from office and time of appointment there may be a $39 trip fee to cover associated costs, namely fuel. This fee is at the discretion of Contractor.
II. Itemized proposals, research of materials (Contractor picking vanities, cabinets, flooring, etc. (instead of client providing). additional revisions, designs, plans, blue-prints etc. will incur a charge for said service depending upon the scope of request. Amount charged is at discretion of Contractor. Typically ranges from $90 to $300 depending on amount of time required to produce requested materials.
III. The party or parties signing this proposal acknowledge they are entering a binding contract in which they hold themselves personally responsible for fulfillment of the terms, provisions, and execution of payment of the Accepted Proposal, Contract, Agreement, Bid Memo, and/or Extra Work Orders as described therein.
IV. The proposed/scheduled start date of a service is not guaranteed. Numerous variables can affect this date. Most of which are beyond the control of the Contractor. In the event a scheduled project in which a deposit has been made needs to be rescheduled, postponed, delayed due to Contractor’s schedule, Contractor will notify client as soon as possible and reschedule client for next available time slot. Like-wise if a client needs to reschedule a project they are required to give maximum notice possible. clients may be charged a rescheduling fee is such action causes gaps in schedule. Fee may be as much as a week labor per week of gap created.
V. Deposits are non-refundable and considered damages upon cancellation of a project.
VI. Expected duration is merely an estimation given perfect conditions. Its use is as a reference guide only and in no way is a guarantee of duration or completion time of project.
VII. While we do not expect there to be any additional charges beyond the accepted proposal unforeseen circumstances do arise on occasion which are beyond the control of the Contractor. Known or unknown at time of proposal which may be cause for additional costs in order to perform the requested service. Bid Memo for such will be submitted for such.
VIII. Any alteration or deviation from the accepted proposals specifications for build, including but not limited to any such alterations of deviation involving additional material and/or labor costs, will be executed by verbal and/or written order for same, verified and accepted by Owner/ Client Representative and said Contractor. In addition, any charge for such alteration or deviation, will be an additional charge added to the “Grand total” price of this agreement.
IX. Any discounts forwarded on original proposal will not be forwarded on additional work.
X. Labor for this project is based on time not on a per item install or by square footage. We have found that companies whom charge by square footage only are typically grossly over charging. Time allotted for the work described is on the right upper corner of the contract. We do not expect it to take longer. However, given the nature of some projects, especially remodeling, the time frame for completion is merely an estimation. Not a guarantee. In such a case whereas the project requires more time than originally planned it is upon the discretion of the contractor to submit a Bid Memo for additional, non-negotiable, non-refutable amount of time required to complete all aspects of the project described.
XI. Refusal to accept added materials / labor needed solely to complete project as described in accepted proposal due to reasons unknown to contractor upon the time proposal was accepted is grounds for breach of this contract and all its previous and post versions and amendments.
XII. Labor quotes within this proposal are derived from basis of doing all work. Itemization if any is for informational purposes only. Removal of elements of proposal may be cause to adjust labor. Discounts on labor may not continue at same rate if request to remove originally proposed items is granted.
XIII. LABOR RATE: All labor is billed at $120per hour unless otherwise agreed to in writing.
XIV. LATE FEES: All payments are expected to be made within agreed upon terms. Unless Contractor agrees to alternative payment schedule prior to the date due. It is the responsibility of the client to adhere to the agreed upon payment schedule that was provided upon contract acceptance. A late payment fee of $50 will be charged to all late payments. An additional fee of $5 per day will be charged beginning on the second day a payment is late and is in addition to the first day late fee of $50. The $5 per day late fee will continue indefinitely until balance owed is paid in full.
XV. FAILURE TO PAY: Client also acknowledges that nonpayment for services rendered will result in collection actions not excluding property liens, garnishments, and pursuance of both punitive and compensatory damages.
XVI. Contractor’s “employees” are legally categorized as sub-contractors. They are issued form 1099 and Contractor is solely responsible for their actions, work, and compensation. Contractor agrees to carry ongoing General Liability Insurance and possess a valid Workers Compensation Certificate. Both of which are posted in the Contractor trailer under Federal wages poster.
XVII. Breach of Contract: All work will cease, and all scheduled labor payments will be due immediately. In addition, all loose materials will be returned by Contractor and proceeds kept by Contractor as damages.
XVIII. In the event of dismissal of Contractor for any reasons other than Contractor's refusal to do the work described within accepted proposal will be considered breach of contract.
XIX. Materials purchased by, for, or on the behalf of the client are the property of the Contractor until which time contract is fulfilled, and all payments are made in full.
XX. Client is responsible for all materials delivered to or left at the service property address. In addition to all equipment left at service address. Any damage sustained to any materials or equipment while under the care of the client will be subject to replacement cost invoicing.
XXI. A2-QHI assumes no liability for any act of nature and/or damages to materials, property, or premises caused by those not directly contracted to and under the supervision of A2-QHI ownership.
XXII. A2-QHI accepts no liability for actions caused by those not under subcontractor agreements. I.E. Delivery drivers.
XXIII. Limited Labor Warranty beginning the day after a project is completed, for a duration of (30) thirty days. Unless otherwise specified in writing at time of acceptance of proposal. Labor warranty only covers those items described within the proposal. Unless otherwise stated by Contractor in writing. A trip fee, per trip to site in the amount of $60 will be charged for all warranty and non-warranty repairs to compensate Contractor for time allocated for assessment of issue, travel and fuel costs. Items which may be cause for warranty repair are based solely under Contractor’s discretion as to whether the issue at hand is due to Contractor craftsmanship or error, which will be covered. Any other reason not limited to normal use, including material failure, miss-use, abuse, neglect, etc. are not covered under any warranty provided by A2-QHI. If repairs are to be made, this limited warranty only covers the labor that would be charged for such repair. The Client is responsible for ANY & ALL additional material costs if any. If original labor was discounted the difference for repair hours based on $90 p/labor hr. will be charged to client. Contractor’s discretion and decision in these matters is accepted as expert, and the Client hereby waives holding A2-QHI or its affiliate from any liability for fulfillment or non-fulfillment of any warranty stated or implied.
XXIV. Materials are not warranted by A2-QHI in any way. Clients will be provided with registration information for any materials which have a manufacturers or extended warranty. It is the responsibility of the client to fill out and mail in warranty cards and information. A2-QHI does not keep this information on file.
XXV. Flooring note: Expansion or shrinkage of a product is a characteristic of the material. It is not a reflection craftsmanship, and is not warranted.
XXVI. It is the responsibility to bring to the attention of the Contract all concerns a client may have with the craftsmanship of a project immediately. Failure to do so voids warranty.
XXVII. Contractor will make all reasonable attempts to confirm client is fully satisfied with all work provided.
XXVIII. Proposals are typically valid for thirty (30) days. However, upon acceptance of proposal and upon purchasing of materials any variances in material prices quoted, or the amount needed to complete the project as described are an additional indisputable charge. Any such increases will be forwarded to client in a Bid Memo.
XXIX. Subsequent Proposals, Bid Memos, Extra work orders, etc. pricing voids previous versions. It is accepted that all terms and provisions are congruent throughout all paperwork submitted to client.
XXX. Discount given on initial accepted proposal do not progress through Bid Memos or Extra Work Orders.
XXXI. Acceptance of a proposal confirms acceptance of these Terms and Provisions.
XXXII. All sales are final and not refundable.
XXXIII. Client waives any right to take any legal action against A2-QHI, its, representatives, relatives, holdings, etc. through any level of court/legal system and agrees to settle any irreconcilable differences between the Client may have with the Contractor if any, through formal arbitration as dictated by the State of Ohio.
Allan Barbe Jr.
A2 Quality Home Improvement