Terms & Conditions
CONTRACT PRICE: Customer shall pay Contractor the above fixed sum for the work performed under this Contract, subject to additions and deductions pursuant to change orders agreed upon in writing by the parties, as described in the Terms and Conditions below.
I agree to pay in full the charges referenced above upon completion of the project, including all applicable taxes, together with any charge for additional services that I have authorized. I further agree that if my service is scheduled for multiple days I am required to pay 50% of the balance due on the first day of service and the remaining balance due once the job is completed, unless financing has been pre- approved.
TERMS AND CONDITIONS OF AGREEMENT WITH ATTICARE CONSTRUCTION.
This Agreement, as negotiated herein, is entered into by and between Atticare Construction. (“Company” or “Atticare”) and Customer. Atticare shall provide the services described on the front of this Agreement consistent with Atticare’s standard practices and in accordance with the terms and conditions set forth below.
Extra Work or Change-Orders: You may not require us to perform extra or change-order work without providing written authorization prior to the commencement of any work covered by the new change order. Extra work or a change order is not enforceable against you unless the change order also identifies all of the following in writing prior to the commencement of any work covered by the new change order: (i) the scope of work encompassed by the order; (ii) the amount to be added or subtracted from the agreement; and (iii) the effect the order will make in the progress payments or the completion date. Our failure to comply with the requirements in this Notice does not preclude our recovery of compensation for work performed based upon legal or equitable remedies designed
to prevent unjust enrichment.
Completion Certificates: Upon completion of the services, or any segment thereof, Customer will on request execute such instrument as Atticare may reasonably request acknowledging completion of the services. Customer agrees to inspect the services immediately upon completion, and notify Atticare’s crew of any complaints before they leave. To the extent that they may validly do so, the parties agree that the services will be deemed to be fully acceptable if no notice of any defect in materials or workmanship is received by Atticare in writing within 3 days of completion of services.
COMMERCIAL GENERAL LIABILITY INSURANCE: Atticare carries commercial general liability insurance. Specifics concerning Atticare’s insurance may be found at www.cslb.ca.gov.
WORKERS’ COMPENSATION INSURANCE: Atticare carries workers’ compensation insurance for all employees. Specifics concerning Atticare’s insurance may be found at www.cslb.ca.gov.
FINANCE CHARGE: 18% interest per year for unpaid amounts. Payments are due upon completion of work to Atticare Any outstanding amounts due to Atticare that are not paid within 30 days after due date shall incur interest at the lesser of 18% per annum or the highest lawful interest rate until paid in full. All returned checks are subject to a $35 fee per incident.
Pre-Existing Conditions of Property: Customer acknowledges that there may be hidden or unknown conditions that would affect the cleaning and restoration process used by Atticare therefore Customer agrees that Atticare shall not be responsible for any damages caused by any pre-existing conditions. Customer further acknowledges that new materials used in restoration may not precisely match existing texture, type, material or color. Prior to Atticare’s arrival, Customer shall notify Atticare of any preexisting dangerous, defective or damaged conditions. Customer shall remove all valuables and breakable items from the area where services may be performed. Customer shall be responsible for any loss or damage resulting therefrom.
You also must inform us of the location of pipes, wires, equipment, or hazardous materials. Unless so informed, we will decide where to drill holes and install equipment. We will use reasonable care to avoid concealed items, but have no way to determine with certainty if any exist. All costs to repair or replace pipes, wires, equipment, walls, ceilings, floors, or furnishings shall be your sole responsibility. If asbestos or other hazardous materials are found during installation, we will stop all work until you have at your sole expense obtained clearance from a licensed asbestos or hazardous waste removal contractor that no danger exists. We will not be liable for the discovery of, exposure to or abatement of asbestos or other hazardous materials.
Customer’s insulation, ceiling, ducting, plumbing, roofing, gutters, and any personal items may have pre-existing damage. Atticare assumes no responsibility for pre-existing damage, including but not limited to, electrical wiring, plumbing including water lines, drain lines, gas lines, electrical lines, or any other prior infrastructure and construction code violations, and no responsibility for cracks, chipping or other damages to floor, walls, wood trim or other woodwork, stucco, plywood caused by, in whole or in part, pre-existing damage.
Attics equipped with pressurized fire sprinkler system and/or cross linked polyethylene (PEX) pressurized water supply: If your home is equipped with a pressurized fire sprinkler system and/or (PEX) polyethylene pressurized water supply system, you are advised to employ a licensed C-16 fire protection contractor and/or C-36 plumbing contractor to drain and disable the pressurize system(s) before our employees or subcontractors can gain access to the attic for any inspections, repairs or treatments. Customer must inform Atticare that the sprinkler has been drained prior to the work being performed. Due to the fragility of pressurized fire sprinkler system and/or (PEX) polyethylene pressurized water supply systems we cannot accept responsibility for water damage that may be caused inadvertently by our activities in the attic. Your C-16 fire protection contractor and/or licensed C-36 plumbing contractor will need to inspect and re- establish the systems after we have finished the work you have hired us to do in the attic.
Warranties and Limitation of Damage: Atticare warrants to Customer (and to no other person or entity) that all work will be completed in a good and workmanlike manner in accordance with Atticare’s standard practices. Customer understands and agrees that these cleaning and restoration services may not totally clean or remove all contaminants, odors, stains or damages in all areas, even after diligent and reasonable efforts by Atticare, and Customer agrees that no such guarantees, warranties or representations as to results or levels of decontamination, cleanliness or restoration are made by Atticare except as stated in writing in this Agreement.
In the event of any defect in the services provided by Atticare, Customer’s exclusive remedy shall be correction of same by reservice, retreatment, adjustment or repair by Atticare. All warranties are void if the reservice, retreatment, adjustment or repair is performed by Customer, the homeowner or any third-party without Atticare’s written permission. Atticare does NOT guarantee or warranty work done by others, regardless of whether or not Atticare recommended such work, including work done by the Customer or the homeowner. There will be a charge for all re-inspection. THIS IS A LIMITED WARRANTY, AND IS EXCLUSIVE AND IN LIEU OF All OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, HABITABILITY, WORKMANSHIP, OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY DENIED BY ATTICARE AND WAIVED BY CUSTOMER. IN NO EVENT SHALL ATTICARE BE LIABLE TO CUSTOMER UNDER ANY THEORY FOR ANY ANTICIPATED OR LOST PROFITS OR ANY INCIDENTAL OR CONSEQUENTIAL LOSS, AND ATTICARE’S MAXIMUM LIABILITY TO CUSTOMER FOR ANY LOSS OR DAMAGE ARISING FROM THE SERVICES RENDERED BY ATTICARE SHALL NOT EXCEED THE AMOUNT OF THE CONTRACT PRICE PAID BY CUSTOMER FOR THE SERVICES RENDERED HEREIN.
Hazards: Customer is advised that a potential health risk may occur as a result of the application of cleaning agents, deodorizer, sanitizers, micro biocides, or any other chemicals used in the services as described in this agreement. The Customer acknowledges reading a copy of the Material Safety Data Sheets (written by the manufacturers) of chemicals used in performing the services, which may be found at atticareusa.com/product-info Customer further represents that he/she accepts the risks as set forth herein. Customer hereby releases and forever discharges Atticare and its agents, principals, owners, shareholders, directors, managers, and employees from any and all claims as to injuries, damages, and health problems of any nature, whether known or unknown, suffered as a result of the application of the Chemicals.
Delay/Interruption in Installation: Customer agrees to allow all treated surfaces to dry, set-in before allowing people and pets to come in contact with the treated area; to provide access to my property on the day of service; that it is the responsibility of the Customer or Customer’s agent to disclose any known defects or repairs made that may conceal hidden damages, infestations or infections of the structure (s) that may not be given in this report; notify us of any changes to the Premises equipment.
We shall not be liable for any delay in the installation or completion of services or for the consequences of delay, regardless of cause or origin, including without limitation, weather, strikes, riots, floods, storms, earthquakes, fire, power failures, equipment failures, insurrection, terrorist attack, military action, interruption or unavailability of telephone, cable, radio, cellular, Internet, or other transmission services, acts of God, or for any other cause, regardless of origin, beyond our control. We will not be required to provide installation or any other services to you during these periods.
Liquidated Damages: If Customer causes the delay or interruption of service customer shall pay a trip charge of $495 as liquidated damages. Delays or interruptions caused by Customer may include but are not limited to, failing to remove hazardous materials (e.g., asbestos), failing to remedy hazardous conditions (e.g, exposed electrical wires), failing to remove pests, vermin or vicious animals (e.g, raccoon, snake) failing to provide access to the property or attic, allowing materials to block access to the property or attic, or any other condition over which the Customer has substantial control.
Refund Policy: Atticare does not provide refunds for any of its products or services. In case of defect, please notify the company in writing immediately, and a replacement will be provided within 30 days. Prices based on square footage are approximate and cannot be renegotiated after service is completed.
Dispute Resolution/Limitations of Actions: Customer agrees to notify Company of all complaints in writing, and allow Company to inspect and/or correct any deficiencies in the services. Customer and Atticare agree to participate in mediation to resolve any and all disputes, controversies or claims between Customer and Atticare, including its employees, agents, managers, officer, directors and shareholders, arising from or relating to this Agreement, and/or the services to be provided by Atticare, and if any dispute remains unresolved, the parties shall submit such dispute to binding arbitration as the exclusive andmandatoryforumresolvingany disputes. The award of the arbitrator shall be final and binding upon both parties, and either party may apply to an appropriate court to enforce such award, if necessary. The prevailing party in any action between the parties shall be entitled to recover reasonable attorney’s fees and costs incurred in that action. Both the Customer and Atticare agree to bring any dispute in arbitration on an individual basis only, and not on a class, collective or representative basis, except to the extent such waiver is expressly prohibited by law. No dispute shall be brought, heard or arbitrated as a class, collective or representative action, and no party shall participate as a member in any such class, collective or representative action, including without limitation, in any pending but not certified class actions. Any action that relates in any way to this Agreement, whether based upon contract, negligence, or otherwise, shall be commenced no later than one year after the accrual of the claim.
Mechanics Lien Release: Upon satisfactory payment being made for any portion of the work performed, we shall, prior to any further payment being made, furnish to you a full and unconditional release from any claim or mechanic’s lien under Section 3114 of the Civil Code for that portion of the work for which payment has been made.
MECHANICS LIEN WARNING. Anyone who helps improve your property, but who is not paid, may record what is called a mechanics’ lien on your property. A mechanics’ lien is a claim, like a mortgage or home equity loan, made against your property and recorded with the county recorder. Even if you pay your contractor in full, unpaid subcontractors, suppliers, and laborers who helped to improve your property may record mechanics’ liens and sue you in court to foreclose the lien. If a court finds the lien is valid, you could be forced to pay twice or have a court officer sell your home to pay the lien. Liens can also affect your credit. To preserve their right to record a lien, each subcontractor and material supplier must provide you with a document called a ‘20-day Preliminary Notice.’ This notice is not a lien. The purpose of the notice is to let you know that the person who sends you the notice has the right to record a lien on your property if he or she is not paid.
BE CAREFUL. The Preliminary Notice can be sent up to 20 days after the subcontractor starts work or the supplier provides material. This can be a big problem if you pay your contractor before you have received the Preliminary Notices. You will not get Preliminary Notices from your prime contractor or from laborers who work on your project. The law assumes that you already know they are improving your property.
PROTECT YOURSELF FROM LIENS. You can protect yourself from liens by getting a list from your contractor of all the subcontractors and material suppliers that work on your project. Find out from your contractor when these subcontractors started work and when these suppliers delivered goods or materials. Then wait 20 days, paying attention to the Preliminary Notices you receive.
PAY WITH JOINT CHECKS. One way to protect yourself is to pay with a joint check. When your contractor tells you it is time to pay for the work of a subcontractor or supplier who has provided you with a Preliminary Notice, write a joint check payable to both the contractor and the subcontractor or material supplier. For other ways to prevent liens, visit CSLB’s Web site at www.cslb.ca.gov or call CSLB at 800-321-CSLB (2752). REMEMBER, IF YOU DO NOTHING, YOU RISK HAVING A LIEN PLACED ON YOUR HOME. This can mean that you may have to pay twice, or face the forced sale of your home to pay what you owe.
Information about the Contractors’ State License Board (CSLB). CSLB is the state consumer protection agency that licenses and regulates construction contractors. Contact CSLB for information about the licensed contractor you are considering, including information about disclosable complaints, disciplinary actions and civil judgments that are reported to CSLB. Use only licensed contractors. If you file a complaint against a licensed contractor within the legal deadline (usually four years), CSLB has authority to investigate the complaint. If you use an unlicensed contractor, CSLB may not be able to help you resolve your complaint. Your only remedy may be in civil court, and you may be liable for damages arising out of any injuries to the unlicensed contractor or the unlicensed contractor’s employees. For more information: Visit CSLB’s Web site at www.cslb.ca.gov. Call CSLB at 800-321-CSLB (2752). Write CSLB at P.O. Box 26000, Sacramento, CA 95826.
No Other Agreements or Representations: This Agreement and any attachments hereto constitute the complete and exclusive statement of the agreement between the parties with respect to the subject matter hereof and shall supersede all proposals, all prior agreements and representations, oral or written, and all communications between the parties relating to the subject matter hereof. No representative of Atticare has authority to make representations, guarantees, warranties, agreements or other promises other than what is set forth in this Agreement, and this Agreement shall not be varied by any agreement or representation other than an instrument in writing executed by the duly authorized officer of Atticare and Customer. Atticare terms and conditions of this Agreement shall insure to the benefit of and be binding upon the parties hereto, their respective heirs, representatives, successors and assigns.
THREE-DAY RIGHT TO CANCEL: The law requires that the contractor give you a notice explaining your right to cancel. Initial the box if the contractor has given you a ”Notice of the Three-Day Right to Cancel.’’
Sales are not final unless approved by Atticare Management. Before the scheduling date is confirmed with Customer, you will be notified in writing if any changes are made to the rates or prices. This estimate is valid for up to 30 days.
You are entitled to a completely filled in copy of this agreement, signed by both you and the contractor, before any work may be started.
____ THREE-DAY RIGHT TO CANCEL: The law requires that the contractor give you a notice explaining your right to cancel. Initial the box if the contractor has given you a “Notice of the Three-Day Right to Cancel.”