The Honey Do Service, Inc. Disclaimer
1. DESCRIPTION OF SERVICES.
The Honey Do Service, Inc., (“HDSI”), upon acceptance of the Proposal/Agreement from the customer, will provide to the customer on the reverse of this document (referred to herein as “Customer”) the services described on the reverse of this document (collectively, the “Services”).
2. SCOPE OF WORK.
HDSI will provide all materials and/or labor for the Services at the property of Customer (hereinafter referred to as “Work Site”). This includes materials, necessary labor, and all required tools and machinery needed for completion of tasks. HDSI is only responsible for work related to Services listed on the reverse of this Proposal/Agreement unless they are specifically agreed to in writing. Specialty services may be subcontracted to a specialty services contractor.
3. INITIAL PAYMENT.
HDSI may request a first payment toward the total contract price equal to 1/3 or 1/2 of the total price. If Customer requests a refund of the first payment, HDSI reserves the right to retain the deposit and issue a credit for a future project.
Proposal/Agreements provided to the Customer by HDSI are valid for 30 days. After a Proposal/Agreement has expired, the Proposal/Agreement must be re-evaluated in order to proceed.
5. ADDITIONAL WORK ORDER.
Customer reserves the right to make changes to the scope of the work during the term of this Proposal/Agreement. However, any such changes or modification shall only be made in a written “Additional Work Order” which shall be provided to Customer by HDSI. Additionally, HDSI shall notify Customer upon recognizing any unknown situation that require additional Services. Such Additional Work Orders shall become part of the original Proposal/Agreement. Customer agrees to pay any increase in the cost of Services as a result of any Additional Work Order.
6. WORK SITE.
Customer warrants that they are the lawful owners of the property or have the lawful consent of the property owners where work will be performed; listed in the address section on the reverse of this Proposal/Agreement. Prior to the start of Construction, Customer shall provide an easily accessible work site. In the event of major exterior services, Customer shall ensure work site meets all zoning requirements for the structure, and in which, if needed, the boundaries of Customer’s work site will be clearly identified by stakes at all corners of the work site. Customer will keep children and pets away from work areas at all times, including construction trenches and the debris pile. Customer shall not enter work areas without proper protective footwear, eye protection, etc., in accordance with OSHA.
7. FREE ACCESS TO WORKSITE.
Customer will allow access to work site for workers and vehicles and will allow areas for the storage of materials and debris, if needed. Vehicle access shall be kept clear for the movement of vehicles during work hours. HDSI will make reasonable efforts to protect driveways, lawns, shrubs, and other vegetation. HDSI also agrees to keep the work site clean and orderly and to remove all debris as needed during the hours of work in order to maintain work conditions which do not cause health or safety hazards. Unless portable sanitation facilities have been included in the bid amount, employees of HDSI will use a Customer designated restroom located within the work site, if needed.
8. WORK SITE SIGN.
HDSI may place a sign at the front of the property for advertising and to aid others to easily locate the work site.
Customer shall permit HDSI to use, at no cost, any pertinent utilities as necessary to carry out and complete the services.
Customer shall have the right to inspect all work performed under this Proposal/Agreement. Upon completion of work, whether by line item or in whole, by request of HDSI, Customer shall inspect and execute the Proposal/Agreement acknowledging completion. At no such time shall Customer withhold payment of any task/job that has been completed by HDSI.
11. CUSTOMER PROVIDED MATERIALS.
Customer may provide materials for the services to be performed by HDSI if, upon inspection, said materials are deemed acceptable for use by HDSI Customer supplied materials shall carry no warranty from HDSI Customer is responsible for any and all costs associated with replacing, repairing, removing or reinstalling any materials provided by the Customer.
In the event that HDSI has to stop work due to an unscheduled event by Customer, there will be a $125 fee for re-mobilization.
13. CONCRETE DISCLAIMER.
HDSI will take all necessary measures to prevent the formation of cracks and deterioration of concrete used in the Services provided. Cracking can be caused by any number of factors. If cracking does occur, HDSI shall not be held responsible.
14. MATCHING EXISTING FINISHES.
When the Services requested require the matching of an existing finish or material, HDSI will put forth its best effort to meet the expectation of the Customer. However, an exact match is not and can not be guaranteed by HDSI
15. THIRD PARTY DAMAGES.
HDSI will not be held responsible for any damages committed by third party entities (such as delivery trucks, subcontractors and others not of the employ of HDSI) while at the work site.
Payment shall be made upon completion of the Services described on the reverse of this sheet. In addition to any other right or remedy provided by law, if Customer fails to pay for the Services when due, HDSI has the option to treat such failure to pay as a material breach of this Proposal/Agreement, and may cancel this Proposal/Agreement and/or seek legal remedies. HDSI also has the option to seek partial payment from the Customer upon completion of individual Services. The Customer is responsible for any and all legal expenses that become necessary for the retrieval of payment.
A one (1) year non-transferable warranty is included on all labor for completed and paid-in-full invoices, excluding roof patches. Warranty information can be found at www.honeydoservice.com
18. LATE FEE.
If HDSI does not receive full payment for Services performed, HDSI may assess a late fee of 10% of the overdue amount per month.
19. RETURNED CHECK DISCLAIMER:
If your check is returned unpaid by your bank, we may, if permitted by applicable law, charge a Returned Payment Fee of $ 50 in KY and VA; $40 in DE and MS; $ 35 in MD; $30 in AL, OH, SC, TN, and TX; $25 in AR, IL, MO, NC and WV; $20 in IN; the greater of 5% of the check or (i) $30 in GA or (ii) $25 in LA; the greater of 5% of the check or (i) $25 if the check is under $50, (ii) $30 if the check is between $50 and $300 or (iii) $40 if the check is over $300 in FL.
The occurrence of any of the following shall constitute a material default under this Proposal/Agreement: (a) Failure of Customer to make a required payment when due. (b) The failure of the Customer to provide materials when an agreement has been made stating that the Customer will provide said materials. (c) The insolvency of either party or if either party shall, either voluntarily or involuntarily, become a debtor of or seek protection under Title 11 of the United States Bankruptcy Code. (d) A lawsuit is brought on any claim, seizure, lien or levy for labor performed or materials used on or furnished to the project by either party, or there is a general assignment for the benefit of creditors, application or sale for or by any creditor or government agency brought against either
party. (e) The failure of Customer to make the work site available.
21. FIRST RIGHT OF REFUSAL.
If additional unforeseen repairs may be needed to an existing Agreement, HDSI has the first right of refusal to perform such repairs.
In addition to any and all other rights a party may have available according to law, if a party defaults by failing to substantially perform any provision, term or condition of this Proposal/Agreement (including without limitation the failure to make a monetary payment when due), the other party may terminate the Proposal/Agreement by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving said notice shall have 10 days from the effective date of said notice to cure the default(s). Unless waived by a party providing notice, the failure to cure the default(s) within such time period shall result in the automatic termination of this Proposal/Agreement. All disputes arising under/relating to this Agreement are to be attempted to settle thru mediation. If the parties are unable to settle by mediation, the dispute shall be finally settled by arbitration.
23. FORCE MAJEURE.
If performance of this Proposal/Agreement or any obligation under this Proposal/Agreement is prevented, restricted, or interfered with by causes beyond either party’s reasonable control (“Force Majeure”), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, fire, explosion, vandalism, storm, casualty, illness, injury, general unavailability of materials or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lock-outs, work stoppages, or supplier failures. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.
24. ENTIRE PROPOSAL/AGREEMENT.
This Proposal/Agreement contains the entire agreement, and there are no other promises or conditions in any other agreement, oral or written concerning the subject matter of this Proposal/Agreement. This Proposal/Agreement supersedes any prior written or oral agreements.
25. SEVERABILITY. If any provision of this Proposal/Agreement will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of this Proposal/Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.
This Proposal/Agreement may be modified or amended in writing, if the writing is signed by the party obligated under the amendment.
27. GOVERNING LAW.
Customer expressly understands and agrees to submit to the personal and exclusive jurisdiction of the courts of the country, state, province or territory determined solely by HDSI to resolve any legal matter arising from this Proposal/Agreement. If the court of law having jurisdiction rules that any provision of the agreement is invalid, then that provision will be removed from the Terms and the remaining Terms will continue to be valid.
Any notice or communication required or permitted under this Proposal/Agreement shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the address set forth on the reverse.
29. WAIVER OF PROPOSAL/AGREEMENTUAL RIGHT.
The failure of either party to enforce any provision of this Proposal/Agreement shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Proposal/Agreement.