The CUSTOMER does hereby employ CONTRACTOR to render services and furnish materials hereinafter referred to as work for the property described on the face of this contract to the extent and kind defined therein.
CUSTOMER represents and warrants that he has title to the property to be worked on by the CONTRACTOR and/or is authorized to hire the CONTRACTOR is perform the work identified in This contract
CONTRACTOR agrees to perform the following work for, and at the request of CUSTOMER as described in this contract.
All work done on a Flat Rate basis. The price includes materials, labor, and taxes. No breakdown will be provided. The CUSTOMER shuil pay to the CONTRACTOR for performance of the work and furnishing materials and completion of project subject to additions and deductions as provided therein according to the amount stated on the face of this contract. Payment in full is due at the time of the performance of the work unless otherwise agreed upon in writing and signed by both CONTRACTOR and CUSTOMER.
The CONTRACTOR Wilt tarmish all labor, materials, supplies and equipment necessary to perform the services herein described All materials furnished are subject to manufacturer’s warranties Labor and workmanship is warranted by CONTRACTOR for a period of one year, and materials are guaranteed in accordance with the manufacturer’s warranties CONTRACTOR makes no warranties or representations whatsoever with respect to the materials or equipment manufactured by others. The parties further agren that no warranties, written or oral, statutory, expressed or implied, including any implied warranty of merchantability or fithess for a particular purpose, shall apply to the equipment or materials except such warranties which may extend from and are solely recoverable against the manufacturer. Further, said warranties of CONTRACTOR do not commence unte CONTRACTOR has been paid in full for the work pursuant to this agreement, CUSTOMER is to carry five, tomado, sability, and other necessary insurance upon the above work CONTRACTOR, its agents, servants and employees are covered by workmen’s compensation insurance
R. during the progress of the work, the CUSTOMER finds it desirable or necessary to cause the CONTRACTOR to perform additional services and/or any alteration or deviation from the work other than thel defined in the description of work contained herein or with any separate proposal, such additional wock must be authorized in writing and detailed in a separate contract describing the additional work, the payment and terms
This agreement shall be effective commencing on or about the date and time of acceptance of the agreement and shall continue in effect until completion of the work as specified in the agreement. The CONTRACTOR is prepared to initiate the work described herein upon receipt of written authorization to procend and agreement with these terms and conditions.
It is mutually agreed and understood that CONTRACTOR will not be assessed any penalties, damages or set-offs by customer as applied to and against the contract sum for failure to complete the work within the estimated time stated herein which fallum to complete is an a result of any reasonable delay on part of CONTRACTOR, as there are factors beyond the control of CONTRACTOR which often result in delays. CUSTOMER recognizes and agrees that agad wiring, fixtures, piping and appurtenances may no longer be serviosable. CUSTOMER agrees to bole CONTRACTOR and its employees harmless for any damage to and/or destruction of those items identified herein as a result of conventional repair efforts CUSTOMER further recognizes and agrees that CONTRACTOR shall not be responsible for any damage to plaster, drywall, or other such surfaces and for point or other surface coatings or finishes, which are aflected or disturbed as a result of reasonable repair efforts by the CONTRACTOR
CUSTOMER agrees to allow the CONTRACTOR the opportunity to rectify any problems, code violations or changes recommended try any authority having jurisdiction prior to initiating arry legal action. Prior to initiating any legal proceedings against CONTRACTOR CUSTOMER shall provide CONTRACTOR with witten notice, reasonably outlining any alleged deficiencies, CONTRACTOR shall be provided with not less than len (10) days to correct any aleged deficiencies in order to fulfill the obligations of the CONTRACTOR under this agreement
If the those day rescission period has passed or if the Emergency Wurk Authorization agreement has been signed authortong the performance of services by the CONTRACTOR, CUSTOMER may not cancel the Agreement, CUSTOMER siges this Agreement and CUSTOMEI tater cancels, in breach of this Agreement, CONTRACTOR shall be entitled to Liquated Damages in lieu
of all other claims and damages as followed
. cancellation occurs prior to the start of any work, thes CONTRACTOR shall be entitled to twenty-five (25%) percast of the Jati Total agreed upon.
. cancellation occurs when work has commenced and is less than fifty (50%) percent complete, then CONTRACTOR shall be entitled to 50% of the job Total agreed upon
. if cancellation occurs when work has commenced and is more than fifty (50%) percent complete, then CONTRACTOR shall be entitled to the entire Job Total agreed upon.
Attomeys fees and Costs: it any action at law or is equity is necessary to enforce or interpret the terms of the Agreement, or it is determined that the CUSTOMER in breach of same, then the CONTRACTOR shall be entitled in all of it’s attorney’s fees, costs and necessary disbursements in addition to any other relief to which the CONTRACTOR may be entitled Parties Bound: This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, legal representatives, successors and assigns where permitted by this Agreement. Prior Agreements Superment. This Agreement constitutes the sole and only agreement of the parties hereto and supersedes any pror understandings or written or oral agreements between the parties respecting the within subject matter di This Agreement is not binding on the parties until signed by the CUSTOMER and approved by an officer of the CONTRACTOR Lagel Construction. If any one or more of the provisions contained in this Agreement shall for any reason be held to be imakd, illegal, or unenforceable in any respect, the lovalidity, illegality or unenforceability shall not affect any other provision of this Agreement and this Agreement shall be construed as if the anwalit, legal, or unentorosable provision had never been contained in it Assignment Nether the Agreement nor any duties or obligations under the Agreement shall be assignable by CUSTOMER without the prior written consent of CONTRACTOR in the event of an assignment by CUSTOMER to which CONTRACTOR has consented, the Assignee or the Assitgrees representative stall agree in writing with CONTRACTOR to personally assume, pertem and be bound by the covenants, obligations, and agreements contained in this agreement. Amendment. This Agreement may be amended by the mutual agreement of the contracting parties in writing to be attached to and incorporated into this agreement 10 CONTRACTOR will assess a $35.00 charge whes a check, draft or credibildebit card is presented for payment and is not accepted by the tanking instrution on which it is drawn because of hesis post-datest, insufficient funds, account closed, to acount, account trouen, teeravit, or ancollected funds CONTRACTOR will be held blames from sewer cabile retrieval expense should a cable breakage occur during sewer cleaning repair senece work on owners property. Sald owner of property assumes all responsibility for the removal of the cable by roftrieval methods or excavation
This agreement shall te governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania. Except if the mandatory arbitration section is mutually selected by both parties, the parties agree that any legal action between them in any way rotated to this contract, the work being performed, or any other claims between them, shall be resolved and adjudicated only in the COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA. The parties expressly agree that venue shall be exclusively with said COURT OF COMMON PEAS, regardless of where the work is performed. in the event that alther party violates this provision, they shall be ubligated to pay all court costs and reasonable attameys’ fens incamed by the other party for defending any proceedings lied in a different venue
in the event that both parties nolect thes Mandatory Arbitration provision by checking the boxes to the left, any controversy or claim arising out of or relating Contractor to this agreement, of breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its rules and judgment on the award rendered by the administrator nay be entered in army court having jurisdiction thereof, unless such other jurisdiction and venue is Customer mutually agreed to by the written consent of both parties. in auch event, the preceding provision regarding Venue shall not apply Both parties agree to equally pay all arbitration costs, when due, and neither side shell be obligated to pay or advance any arbitration costs, other than their respective share THE PRICES, SPECIFICATIONS AND CONDITIONS ARE SATISFACTORY AND ARE HEREBY ACCEPTED CUSTOMER HAS READ THIS AGREEMENT AND RECEVED A COPY AT THE TIME OF SIGNATURE CONTRACTON IS AUTHORIZED TO DO THE WORK AS SPECIFIED PAYMENT WILL IN MADE AS AGREED
YOU, THE CUSTOMER, MAY CANCEL THIS TRANSACTION AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE OF THIS TRANSACTION. SEE THE ATTACHED NOTICE OF CANCELLATION FORM FOR AN EXPLANATION OF THIS NIGHT.
