Terms & Conditions – please read carefully
These Terms and Conditions (this “Agreement”), by and between CARE Restoration, LLC (“CARE”) and the owner of the property (“Owner”) upon which the restoration services are to be performed, are effective as of the date of Owner’s executed copy of this Agreement. Collectively, CARE and Owner shall be referred to as the “Parties” and individually as a “Party”.
Whereas CARE is a restoration contractor and Owner desires CARE to perform certain restoration services (“Services”) for Owner and CARE wishes to perform the Services in exchange for a fee, according to the terms and conditions set forth herein.
Now therefore, in consideration of the above recitals, the representations, warranties, and agreements contained in this Agreement and for other good and valuable consideration, the receipt and adequacy of which are now acknowledged, the Parties agree as follows:
Performance of Services:
Upon agreement by the Parties and receipt of Owner’s signature to this Agreement, CARE will perform the Services on Owner’s property, as described that certain scope of work provided by CARE to Owner (the “Scope of Work”).
Unless the Parties otherwise agree in writing, this Agreement will terminate upon completion of the Services and CARE’s receipt of payment for such Services, including any late payment and collection fees applied pursuant to this Agreement. The Parties agree that any proposed start or end date pertaining to the Services is solely an estimate and such dates are subject to change based on factors that may be outside of either Party’s reasonable control. CARE may also terminate this Agreement pursuant to the Default provisions delineated in this this Agreement.
The fee quoted by CARE is the entire fee estimated for the Services and is inclusive of materials, labor, and any other costs (the “Quote”). The Quote is an estimate only and in the event that the Services cannot be completed according to the Scope of Work due to any unforeseen or changed circumstances outside of CARE’s reasonable control, CARE will use commercially reasonable efforts to notify the Owner as promptly as practicable and will provide Owner an updated Scope of Work and Quote, if applicable.
Payment in full is due by Owner to CARE immediately upon completion of the Services. In the event that CARE has not received payment from Owner within thirty (30) days after completion of the Services, delinquent accounts will be assessed a monthly service charge of 2.5% of the total amount due and owning, until payment is received.
In the event Owner makes payment (or any portion thereof) by check or draft, and said check or draft is not honored by the bank on which it is drawn, an additional charge of $35.00 shall be immediately added to Owner’s account, in addition to any late charge.
Owner agrees to have any plumbing and/or other repairs necessary to halt any leaks or backups carried out as soon as possible. Owner understands that not carrying out said repairs may extend the drying process and/or increase the likelihood of secondary damage and mold growth. Owner agreed to indemnify CARE against any additional claims or actions that may result from such delays. Owner further agrees to be responsible for any additional fees or charges that may result from such delays.
Owner understands and acknowledges that CARE is not responsible for carrying out plumbing repairs, paying for plumbing repairs or arranging/scheduling plumbing repairs.
Owner understands and acknowledges that CARE does not perform rebuild/reconstruction services but can provide referrals to contractors who offer these services.
Stop Work-Hold Harmless:
In the event that CARE is not allowed to perform or complete its recommended procedures and/or drying equipment is removed prematurely, Owner agrees to release and hold CARE harmless, and indemnify CARE against any claims or actions that may result from such incomplete procedures.
Project Time and Site Access:
Time is of the essence to this agreement and CARE will diligently pursue substantial completion of the Services, but will not be held liable for delays due to deliveries, weather, owner or insurance carrier, scheduling of trade issues or any other conditions beyond contractor’s control.
Owner agrees to hold harmless CARE for any additional delays to Services. Owner further agrees not to cause delays to project for any reason and to provide clear and continuous access to the work site from 7:00am to 5:30pm, 7 days a week, as required.
CARE may, at their option, request permission to place a lock box at the property and assumes no responsibility for unauthorized entry. I agree to provide electricity, heat, water, local telephone/internet, and sanitary facilities. I agree to sign a certificate of satisfaction upon project completion.
Hazardous or Other Conditions:
CARE may halt the Services upon any finding of hazardous substances or unsafe conditions. CARE will notify Owner upon the discovery of any such conditions.
Owner agrees to notify CARE of any known hazardous items at the site including but not limited to; asbestos, chemicals, lead, or mold and Owner shall indemnify and hold harmless CARE from and against any and all claims arising from or related to such hazards or conditions.
In addition, Owner agrees that CARE shall be entitled to payment for all costs, expenses and damages, including reasonable attorneys’ fees and expenses, that it incurs as a result of the hazards or conditions.
If conditions cause a delay to the project for more than one week, CARE may terminate this agreement, upon written notice to Owner, and collect payment for expenses incurred up to that point.
Storage pods & Dumpsters:
If, during the course of mitigation and/or remediation, a storage pod or dumpster is needed, CARE will order the pod or dumpster and include fees for the first month of rental in their final invoice. If the pod or dumpster is required for longer than 1 month, Owner agrees to assume responsibility for rental and collection.
Owner understands that moving, adjusting or powering down any of the equipment that CARE has in place may extend the time taken to complete drying of my property and can in some cases damage the equipment. Owner understands that additional charges may be incurred due to extended drying times and I agree to be responsible for such charges.
Owner acknowledges that Owner has been informed and understands that Owner is responsible for loss, theft or damage to equipment while it is in Owner’s care and custody. In this case, Owner agrees to be held responsible for any additional equipment rental charges or costs related to the repair or replacement of CARE’s equipment.
Owner also acknowledges that any equipment remains the property of CARE and agree to allow an agent of CARE access to monitor and/or collect their equipment.
Owner understands that in the best judgment of CARE, with the facts presented at initial inspection, all affected materials should be treated with a commercial antimicrobial agent to help inhibit the growth of microorganisms during the drying process.
Owner has received oral and written information regarding the antimicrobial agent and agree that all wet materials should be treated with this product as part of the restoration process. Owner understands that certain individuals may be sensitive to its application and that CARE is not liable for health, or other issues caused by the antimicrobial agent. In the event that Owner, or any individual, suspects an adverse reaction to the antimicrobial agent, that individual should seek medical attention immediately.
Owner understands that if he/she declines the use of antimicrobial agents on affected materials present in Owner’s property, Owner will not hold CARE liable for any odors or growth, indoor air quality degradation, or any other health concerns or damage that may occur due to microbiological activity during and/or after the restoration process.
Mold Claims Waiver:
I agree to hold CARE harmless, without limitation, for post-remediation microbiological growth unless an Air Quality test is conducted by an industrial hygienist within twenty-four (24) hours of Services commencing, showing no pre-existing issues in any of the affected areas.
While CARE performs Services related to and including the removal of mold and mold spores, Owner agrees to hold CARE harmless from any and all claims related to or arising from mold or microbial growth of any sort or manner.
Safety and Health:
Exposed tackless strip is a danger even when covered. Owner agrees to use care when tackless strip is present.
The floors in and around affected areas may be wet and slippery. Please take extreme care if walking on or from wet flooring materials.
Cables, hoses and other items can present a tripping hazard. Although every effort will be taken to route such items in a way to prevent a tripping hazard please take care when moving through affected areas.
As a consequence of the mitigation process there may be additional hazards in affected areas. Please limit access to those areas while mitigation is taking place, especially by children and animals.
Owner understands and agrees that during the course of mitigation and/or remediation, appliances may need to be detached from the property (including, but not limited to washing machines, dishwashers, refrigerators with water lines, gas ranges) Owner understands that CARE cannot reattach them and owner shall be solely responsible for reinstallation or reattachment.
Owner further understands that if CARE may need to detach audio/visual equipment during the course of mitigation and/or remediation. Owner agrees that it is Owner’s sole responsibility to reconnect it.
Limitations of Mitigation:
Owner acknowledges that the use of tape or staples to create a containment, or secure cables as a standard part of the mitigation process, may leave residue, remove finish or paint, or otherwise damage materials despite CARE’s best efforts to limit that possibility.
Owner acknowledges that, with certain materials, permanently discolored, faded and/or bleached areas might remain after completion of Services by CARE. CARE will use commercially reasonable efforts to avoid permanently discolored, faded and/or bleached areas. However, Owner understands that Care does not guarantee or warrant that items can be restored to their condition prior to the disaster.
Although commercially reasonable efforts will be taken during the removal of certain features (including, but not limited to, trim, baseboards and other moldings), they may be damaged during removal. CARE hereby disclaims liability for the presence of any such conditions or any damage sustained during removal.
Owner acknowledges that CARE does not carry out reconstruction (including, but not limited to replacing drywall, carpet and pad, repainting, reattaching baseboards, replacing tile, laminate, hardwood or vinyl flooring). Owner is solely responsible for any such reconstruction desired after completion of Services by CARE.
Although commercially reasonable efforts will be taken to prevent damage to natural stone or tile countertops during either their removal, or the removal of cabinetry beneath, damage to such materials may be unavoidable. CARE does not guarantee that such materials will be free from damage and as such, Owner agrees that CARE shall not be liable for such damage.
If Owner defaults in any obligations under this Agreement, CARE may, at its option, in addition to other remedies provided in this contact or pursuant to applicable law or principles of equity, pursue one or more of the following remedies:
- Suspend some or all of the Services until all defaults have been cured, upon three (3) days written notice.
- Terminate some or all of CARE’s obligations under this contract.
iii. Recover all amounts due under this Agreement, plus reasonable attorneys’ fees and expenses incurred by CARE as a result of my breach or CARE’s enforcement of this contract.
In the event this Agreement, or CARE’s obligations are terminated pursuant to the terms of this Agreement, Owner shall be liable to CARE for fees for all Services performed through the date of termination.
CARE hereby retains the right to file a mechanics lien for services rendered and Owner is hereby notified that CARE will file said liens to protect CARE’s interest in the subject property. In such event, Owner shall be liable for all interest charges and filing fees for the lien.
Limitation of Liability:
In no event shall any Party to this Agreement, be liable to any other Party or any third party for any general, special, indirect, incidental or consequential damages (including, without limitation, indirect, special, punitive, or exemplary damages) arising out of or connected in any way with this Agreement, or the services performed by CARE. CARE’s liability to Owner under this Agreement is expressly limited to direct damages and shall not exceed, in the aggregate, the amount equal to the amount paid to CARE for the services.
Prevailing Party Attorney Fees:
In the event of any dispute, contest, arbitration or litigation arising from or relating to this Agreement, or the services performed by CARE, the prevailing party in such dispute, contest, arbitration or litigation shall be fully reimbursed by the other party for all costs, including reasonable attorneys’ fees, court costs, expert or consultant’s fees and reasonable travel and lodging expenses, incurred by the prevailing party in its successful prosecution or defense thereof, including any appellate proceedings.
Governing Law and Choice of Forum:
This Agreement is made and entered into within the State of Colorado and shall be governed by, construed, interpreted and enforced in accordance with the laws of the State of Colorado. Any action to enforce this Agreement shall be brought only in Weld County, Colorado.