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HomeMy WebLinkAboutHOME IMPROVEMENT CONTRACTM PETERSEN®EAN -0 'q°cw ERA AM #t Home Improvement Contractor SCANNED BY HOME IMPROVEMENT CONTRACT St. Lucie County This Home Improvement Contract ("Agreement") dated 2/06/2019 is made between Petersen -Dean, Inc. and its subsidiaries and/or affiliates (collectively "Contractor"), located at 39300 Civic Center Dr., Suite 300, Fremont, CA 94538, and Laura Brandefine ("You" and/or "Your") for work to be performed at 8407 Winter Garden Parkway, Fort Pierce, FL 34951, Phone: (772) 475-3530, Email: brandymom_3@yahoo.com ("Project"). FILE COPY This Agreement relates to Your purchase of a: ® Reroof System ❑ Solar System ❑ Battery System Fencing System ❑ HVAC System ❑ Hot Water System SYSTEM DETAILS: ROOF COLOR: GUTTER COLOR: ROOF TYPE: Snap N Lock 1" Al l01 24 gauge Metal roofing system in Mill Finish - CONTRACT PRICE: $20,879.00 FINANCE CHARGE: Assumed by Contractor Regardless of the system You purchase, we promise You: • A world -class experience with the nation's leading home improvement contractor. • Top notch system installation with a workmanship warranty and a manufacturer's product warranty. • An Owner's Manual with recommended system maintenance. • Customer service/support available at (800) 564-0362 or customercare@petersendean.com List of Documents to be Incorporated into This Contract: • Applicable Warranty(ies) • Production Estimate (Solar) • Preliminary Design • Next Steps Guide Name of Salesperson: Daniel Sifrar FLORIDA LICENSE NO. CCC1329081 Il PETERSENDEAN IFS F AIviERt�A. AMERtC ����"� i-IYAC:4.'� ANjERiCA ,ANiERiCA; #t Home Improvement Contractor GENERAL TERMS & CONDITIONS What Are Contractor's Responsibilities? Right to Stop Work: Contractor has the right to stop work on the Project if any amount due to Contractor has not been paid. Contractor reserves the right to hire subcontractors (who will be bound by the terms of this Agreement) and will instruct its subcontractors to stop work for nonpayment. Release: Once payment has been made for any portion of the work, the Contractor shall, prior to any further payment being made, give You a full and unconditional release from any claim or mechanic's lien authorized under Civil Code Sections 8400 for the portion of the work for which payment has been made. Service Charge: Contractor will charge a 1.5% service charge per month, which will be added to all sums which are past due. If You fail to timely pay Contractor, it will be considered a material breach of this Agreement. Notification of Concealed Conditions: Contractor shall promptly notify You of latent physical conditions at the Project or physical conditions differing from those normally recognized by Contractor. Any work You ask Contractor to perform due to such conditions will be considered "extra work" (see below). Cleanup: Surolus Materials: Contractor will remove any debris stemming from its work on Your property and will leave the property in a neat, broom clean condition. Contractor will remove any surplus materials left over from the Project, as those belong to Contractor. You will be issued no monetary credit for surplus materials. Contractor will not be responsible for any cleanup in the attic. Extra Work and Change Orders: Should You, any construction lender, any public body/inspector or any state regulation require any modification or addition to the work covered by this Agreement, this work will be Extra Work. The cost of the Extra Work shall be added to the Agreement price, which shall include Contractors actual costs for labor, materials/subcontractors, plus 25% of that sum for overhead. Extra Work will be documented via a Change Order, which will then be reviewed and signed by You and Contractor, and then incorporated into this Agreement. Contractor will not begin performance of any Extra Work until the Change Order is signed unless exigent circumstances arise and You are not able to be located. The Change Order must describe the scope of the Extra Work, the cost to be added/subtracted from the Agreement, and the effect the Extra Work will have on the work and payment schedule. Any failure on Contractor's part to comply with the requirements of this provision does not preclude recovery of any compensation Contractor is entitled to, pursuant to any legal or equitable remedies, for work Contractor has performed in order to prevent unjust enrichment. Any state -specific regulations regarding Extra Work and/or Change Orders will be listed within the enclosed Addendum. 0 PETERSENDEAN #1 Home Improvement Contractor Delays: Contractor agrees to start and pursue work through to its completion, but shall not be responsible (monetarily or otherwise) for delays for any of the following reasons: (1) untimely issuance of necessary building permits; (2) acts of neglect or omission by You, Your employees or agents; (3) Force Majeure events; (4) Extra Work; (5) inability to secure material through regular channels; (6) imposition of government priority or allocation of material; (7) Your failure to make payment when due; (8) delays caused by inspection or Extra Work ordered by inspectors of government bodies; (9) holidays; or (10) other causes/contingencies beyond the reasonable control of Contractor. If work has commenced and must be ceased due to any of the conditions above, You are obligated to compensate Contractor for the reasonable value of labor and materials provided up until the date Contractor ceased work on the Project. Termination of Agreement: If Your property is not freely accessible to Contractor due to obstruction, weather conditions, or a Force Majeure event, Contractor may terminate this Agreement at any time by providing You with written notice. Contractor will not be responsible for damage to Your property stemming from such obstruction, weather conditions, or Force Majeure event. What Are Your Responsibilities? (a) Supply water, gas, sewer and electrical utilities for the Project. (b) Provide Contractor/Contractor's equipment adequate access to the property. (c) Identify and warrant all property lines to Contractor. (d) Obtain permission from owner(s) of adjacent property(ies) that Contractor must use/access in order to complete the work. (e) Make sure the work area is clean, accessible and ready for Contractor's work. (f) Assume responsibility for any costs related to unpermitted structures, disputes/errors in locating Your property lines or setback locations, or damages to Your property caused by or related to the misuse or neglect of another individual or entity, or foreign objects (i.e. tree limbs, golf balls, etc.). (g) Board, ensure containment of, and/or take necessary actions to ensure the safety of Your pet(s). Contractor will not assume liability for Your pet's safety. (h) Move, raise, or lift all objects (conduit, signs, skylights, vegetation, air conditioners, etc.), which must be raised or moved in order for Contractor to properly install the respective system. Contractor will only be responsible for moving, raising or lifting any objects/equipment Contractor has brought. (i) Remove, maintain, and/or reinstall any TV antenna(s), satellite dish(es), guy wire(s), or other equipment located on Your roof, around the perimeter of Your roof, or in the interior of Your roofing structure. You must schedule the removal/reinstallation of such items so that it does not interfere with Contractor's project schedule. Any damage to such items is Your responsibility, unless the damage was solely caused by Contractor. 0) Protect the condition of Your property so that it is free from any damage stemming from lack of --cleaning/routine-maintenance,—Mold,- fungus, algae, dust, -dirt, debris, —cracks, and/or sinking -prior to and during Contractor's work. (k) Maintain the structural integrity of all existing buildings and/or structures on Your property. This includes maintaining the integrity of Your roof, so that there are no preexisting defects/issues with the framing, decking, insulation, or age prior to Contractor starting work. Any work to rectify such issues will be considered Extra Work. El PETERSEN®EAN ER ER0 FA i �t �« #1 Home Improvement Contractor (1) Certify that all existing structures (including, but not limited to, garages, sun porches and patio enclosures) are properly permitted. Funds. Taxes and Assessments: You are responsible for having sufficient funds, which include taxes, fees, charges and assessments required by any public agencies, for Your respective system. Rebates: You are entitled to any utility rebate(s) or rebate(s) provided by a governmental body. However, You have the responsibility to complete all documentation, reservations or applications. Contractor is not responsible for submitting any forms/documentation/materials relating to any rebate(s), nor can Contractor guarantee any amount of any rebates. Costs and Approvals for Permits: You are responsible for all costs related to any non-standard building permits/fees, including expenses relating to modular/manufactured homes. You shall provide funds for permits upon demand. If any approval from a community/homeowner's association (HOA) is required, You must obtain that approval and assume all costs, even those related to aesthetics/design, required to meet the community/HOA's requirements. Maintenance of Property Insurance: You are responsible for purchasing and maintaining homeowners and/or property insurance at all times. If the Project (or any portion) is destroyed/damaged by any occurrence not under Contractor's control or not related to Contractor's work (collectively a "Force Majeure" event), Contractor shall still be paid for the work Contractor performed up until the date of damage. If Your property has been completely destroyed, You have the option of terminating this Agreement or revising it. Any revision to this Agreement may modify the original schedule, pricing and/or scope of work. Force Majeure events include but are not limited to war, riots, fire, flood, hurricanes, typhoons, earthquakes, lightning, explosions, acts of God, criminal acts, strikes, lockouts, boycotts, labor union activities, shortages of energy and/or any acts of a state or government entity. Waiver of Subrogation: In the event of a Force Majeure, as losses/damages are covered by insurance, You waive all rights against Contractor and any of its subcontractors, agents and employees for such losses and/or damages. Indemnification: You agree to indemnify, defend and hold harmless Contractor (including its employees, officers, directors, agents, and assigns) from any claims, actions, costs and expenses (including attorneys'fees), damages, liabilities, penalties, losses, obligations, demands and/or liens of any kind arising out of or relating to Your failure (in whole or in part) to satisfy the responsibilities listed above and required by this Agreement. You will NOT be required to indemnify, defend and hold harmless Contractor (including its employees, officers, directors, agents, and assigns) from any claims, actions, costs and expenses (including attorneys' _-_ fees) damages liab__ilities,_penalties,losses,_obligations,_demandsand-/or-liens-of-any kind solely arising out of or directly relating to Contractor's acts, omissions or negligence. 0 PETERSENDEA A R AC R°c ' FEM11 XM #1 Home Improvement Contractor Safety: In order to provide You with the safest work environment and for Your protection, as well as Your family and pets, we ask that You follow these job site safety policies: • You may see yellow caution tape in certain areas of Your front/side/backyard. This tape is there because a ladder set-up and/or material/falling objects may pose a danger. Do not cross the yellow tape at any time. If You have a question about access, please ask Your crew leader before work commences. • Do not climb on/move any ladders. If You need a ladder moved for any reason, ask a worker to do so. • Due to materials being loaded and unloaded from trucks, we ask that You avoid parking within 10' of Contractor's vehicle(s). Please also remove all of Your vehicles from Your garage/driveway while Contractor is working. • While the workers are working, please avoid asking them any questions or distracting them in any way. • For Your pet's safety, keep all pets inside if possible (or in the backyard away from our workers). If they are prone to escaping, let Your job crew leader know so gates/access points can be secured. We may ask You to leash Your pets if necessary. By providing Your initials, You warrant Your understanding of the safety policies listed above and agree to abide by them. Initials: Bonds & Insurance Bond: Many states provide a homeowner with the right to require that a contractor have a performance and payment bond. Contractor puts You on notice that it has such a bond and can provide You with proof upon request. Commercial General Liability Insurance (CGL): Contractor carries commercial general liability insurance. You may call Edgewood Partners Insurance Center (EPIC) at 925-244-7700 to check on Contractor's insurance coverage. Workers' Compensation Insurance: Contractor carries workers' compensation insurance for all employees. Additional Terms Social Media: Our customers' experience is extremely important to us. If You wish to post any negative comments/complaints about Contractors work on Yelp or other social media sites, You agree to first contact Contractor at prioritycare@petersendean.com and give Contractor a reasonable opportunity to address any concems. Please note that You are not asked to waive any rights in conformance with any applicable state laws. Warranty: Contractor will provide You with the applicable workmanship warranty/any product or manufacturer warranty(ies) for the system You choose. Through this provision, the warranty terms are incorporated into this Agreement. You have understood and consent as to the same. Initials:a$L 121 PETERSENDEAN S 7 ,�„� Arena=R«ra Ar i - M r.. a Baca Aty! Rica #t Home Improvement Contractor Governing Law: The laws of the state of in which the Project is located shall govern this Agreement without giving effect to conflict of law principles. Limitations of Actions and Dispute Resolution: No action arising from or related to this Agreement or the performance thereof shall be commenced by either party against the other more than two years after the completion or cessation of work under this Agreement. No dispute under this Agreement shall be subject to a class action. Contractor and You agree that in order to resolve any claim, controversy, or dispute arising out of or relating to this Agreement, the construction or performance of the system, and/or any aspect of Contractor's work, Contractor and You agree to first resolve the matter by participating in a half -day mediation, and equally splitting costs associated with the same. If mediation is unsuccessful, any claim, controversy, or dispute arising out of or relating to this Agreement, the construction or performance of the subject system, and/or any aspect of Contractor's work shall be resolved by binding arbitration, administered by the American Arbitration Association (AAA), in the state in which the Project is located. The arbitration will be governed by the Federal Arbitration Act. Any potential arbitration shall last a maximum of one day and shall be before one arbitrator. Contractor and You agree to evenly split any and all associated AAA costs. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Attorney's Fees: For any claim, controversy, or dispute arising out of or relating to this Agreement, the construction/performance of the subject system, and/or any aspect of Contractor's work, Contractor and You agree to bear your own respective fees and costs, including reasonable attomeys' fees. Limitation of Damages: Liability, on either party's behalf, shall be limited to actual damages (not to exceed the contract sum). In no event shall either party be liable to one another for any consequential, incidental, punitive, exemplary, special, or indirect damages. Validity: In case one or more of the provisions of this Agreement, or any application thereof, is determined to be invalid, unenforceable or illegal, the remaining provisions shall not in any way be impaired. Ownership of Copyrights & Privacy: During Contractor's work at the Project, Contractor may take photographs depicting Contractor's work. Contractor owns all copyrights to such photographs and may use such them for its own use (i.e. promotional materials, website information, and/or marketing efforts). Contractor represents that any use by Contractor of photographs for the aforementioned purposes will not disclose any of Your personal information (PI). PI includes, but is not limited to, Your name, address, email address, telephone number. Contractor further represents that it will not disclose any of Your PI without Your written consent. Should You have any questions or concerns regarding Your PI, please contact legal@petersendean.com Through this provision, Contractor states its intent to incorporate the terms of its Privacy Policy into this Agreement. The Privacy Policy can be found at: www.petersendean.com/privacy-policy/terms. You have understood said incorporation and consent as to the same. Initials:^ El PETERSENDEAN #1 Home Improvement Contractor All other details regarding Your system, including but not limited to pricing, size, and details, alongside licensing, lien and statespecific information will be included in the enclosed Addendum. You are entitled to a completely filled in copy of the Agreement and enclosed Addendum, signed by both You and the Contractor, before any work may be started. By executing this Agreement and enclosed Addendum, You agree that You have read and acknowledged these General Terns & Conditions. THIS AGREEMENT AND ENCLOSED ADDENDUM IS ENTERED INTO AS OF THE DAY AND YEAR FIRST WRITTEN ON THE AGREEMENT COVER PAGE AND IS EXECUTED IN AT LEAST TWO ORIGINAL COPIES, ONE DELIVERED TO THE CONTRACTOR AND ONE TO YOU. �� �o��� �eo�A� �fa/a_.rCoyt`a�tMayr�ev Rc6erW George,5ales Con RMawger�feC9, 2014) OWNER (SIGNATURE) CONTRACTOR (SIGNATURE) Laura Brandefine (PRINT NAME) Feb 6, 2019 (Date) Roberta George, Sales Contract Manager (PRINT NAME AND TITLE) Feb 8, 2019 (Date)