TERMS & CONDITIONS
Affordable Foundation & Home Repairs, Inc.
DBA The Crack Guys
Electronic Acceptance & Binding Agreement
By approving a proposal electronically through Jobber or any other digital platform, signing onsite on a digital device, signing via e-sign software, email, or other electronic means, or otherwise authorizing work to begin, the Customer acknowledges and agrees that:
- – Customer has reviewed these Terms & Conditions in full.
- – Customer has had the opportunity to ask questions prior to approval.
- – Customer agrees to be legally bound by this Agreement.
- Electronic approval constitutes a legally binding signature under applicable federal and state electronic signature laws, including the Electronic Signatures in Global and National Commerce Act (E-SIGN Act) and any applicable state Uniform Electronic Transactions Act (UETA).
Electronic records and signatures shall have the same legal effect as original written signatures.
Governing Agreement Notice
PLEASE READ THIS CONTRACT IN FULL, AS IT IS THE GOVERNING AGREEMENT BETWEEN AFFORDABLE FOUNDATION & HOME REPAIRS INC. AND THE SIGNER (WHOMEVER THE ESTIMATE NAMES AS THE SIGNING PARTY REPRESENTING THE HOMEOWNER).
THIS PROJECT AGREEMENT AND STATEMENT OF WORK (this “Agreement”) is entered into by and between the undersigned Affordable Foundation & Home Repairs, Inc., and the customer as of the effective date stated on the approved Estimate. This Agreement is made in pursuance of the Project described in agreed and signed upon contract. Contractor does not warrant and is therefore not responsible for the following (including, but not limited to): Cracks in brick, cracks in sheetrock, cracks in molding, separation of molding, cracks in windows, cracks in ceilings, separation of door facings, floors not completely level as contractor will attempt and to the best of the contractors ability to level the floors, saving bushes, trees, shrubs, flowers, gardens or any such decorations, sidewalk cracks, driveway cracks, smells/odors from materials or natural Earth smells/odors, unknown source of smells/odors, etc.
Contract Terms
1. ACCESS TO WORK.
Owner shall grant free access to work area(s) for workers, crew members, subcontractors, vehicles, and machinery. Owner agrees to keep driveways and other areas that may be worked on, clear and available during working hours. Owner acknowledges that machinery and vehicles may move, park, and operate at the residence during these working hours. Owner shall be responsible for ensuring that entrances to the job site are secured, thus preventing access to persons other than Owner, Contractor, Authorized workers, or material suppliers from gaining access to the site.
2. CHANGE ORDERS, AMENDMENTS, AND MODIFICATIONS.
Any amendment, modification, or Contract, which alters this Contract, shall be deemed part of this Contract, if and only if the sub-sequential statement is signed or initials by the Contractor and the Owner, then shall be deemed a part of this Contract and shall be controlling in case of conflict with any other provision in this Contract. In the event physical conditions differ materially from those indicated in this contract or in the event there exists unknown physical conditions at the site of an unusual nature differing materially from those ordinarily encountered in work of the character provided for in this contract, Contractor shall advise Owner of the existence of such conditions and the parties shall adjust the contract price to provide for any increase resulting from such conditions.
3. EXTRA WORK AND CHANGE ORDERS.
In the event of additional work OR inspections are added to this job at any point, the home owner agrees to sign an updated contract/invoice, as well as, remit said additional amount, in addition to the original agreed upon Contract price. within the new invoice. Customer will be notified immediately as changes may arise.
4. PLUMBING.
Unless specifically authorized by this Contract, this Contract price does not include rerouting, relocation, or replacement of vents, pipes, ducts, conduits, or any of the like, that may be encountered in areas of excavation.
5. ELECTRICAL.
All existing electrical wiring systems in the home are assumed to be, and Owner represents them to be, adequate to carry additional loads, if any, imposed by the existing work. Any work necessary to update or correct existing electrical wiring systems currently installed shall be considered extra work. Provisions are subject to Paragraph 3 of this Contract.
6. BRICK TUCK POINTING.
While Contractor or Subcontractor shall make every effort to match existing brick and mortar textures, patterns and colors, exact duplication of those currently in place, are NOT guaranteed. The Owner agrees that in the event of non-satisfaction of brick tuck pointing shall not be deemed acceptable means of withholding monies due in this Contract price.
7. TERMITE WORK.
The Owner agrees that the Contractor is not obligated to perform any work to correct damage caused by termites or dry rot, post remediation of area(s) of work (if applicable- this typically applies to work done in the crawlspace) in an agreed upon Contract and Contract price. If damage occurs (post installation) to any new or remediated joist, beams, or the like, (installed by Affordable Foundation & Home Repairs), Owner agrees that Contractor is not liable.
8. PROPERTY CONDITIONS.
The Contractor shall not be held liable/responsible for ANY of the following including but not limited to (Before completion of work, During work progression, After work completion); Cracks in brick, cracks in sheetrock, cracks in molding, separation of molding, cracks in windows, cracks in ceilings, separation of door facings, floors not completely level as contractor will attempt and to the best of the contractors ability to level the floors, saving bushes, trees, shrubs, flowers, gardens, grass, soil, or any such decorations, sidewalk cracks, driveway or other slab cracks, driveway or other slab sinking due to machinery or other acts, windows and doors may need to be realigned after a structural lift.
9. REMOVAL OF MATERIAL AND DEBRIS.
The Contractor shall dispose of only materials that were removed from the structures during the course of the alteration upon completion of work, by Affordable Foundation & Home Repairs. Unless items specifically designated by the Owner in writing PRIOR to commencement of construction and agreed upon by the Contractor, other materials, debris, trash, rocks, trees, household items, and any of the like, are not to be disposed of by the Contractor. Should Owner and Contractor agree on additional materials not removed during the course of the current alteration by Contractor, the Owner may be subject to extra charges. Refer to Paragraph 3 of this contract regarding extra work and charges associated with said work.
10. PROJECT.
The customer hereby engages Affordable Foundation & Home Repairs, Inc. to deliver the work stated in the agreed upon estimate at the agreed upon price and the customer will pay Affordable Foundation & Home Repairs, Inc. for the work, in accordance with the terms and conditions of this Agreement and the Terms of Service.
11. DURATION OF SERVICES.
Contractor shall start and diligently work through to completion, but shall not be responsible for delays caused by any of the following, including but not limited to: Failure of issuance of any/all necessary building permits (by city, county or state) within a reasonable length of time; inspections (by city, county, or state) that could halt pursuance of completion; funding of loans or insurance; disbursement of funds into funding control or escrow; inclement weather or any weather that may halt or slow the progression of work; acts of God; acts of neglect or omission by Owner or Owners employees or agents or other persons that may become involved with the Owner, including family; extra work ordered by Owner and agreed upon by Contractor; inability to secure material through recognized channel; Owner’s failure to make payments when due; delays caused by inspection or changes ordered by inspectors/engineers of authorized governmental bodies or delays caused by Owner employed inspectors/engineers; acts of subcontractors; holidays; crew delay from previous scheduled job expected to be completed before the start of job; unexpected crew member sick days or family occurrences; or any other circumstances beyond the Contractor’s control.
12. COMPENSATION.
Payment will be made by the customer to Affordable Foundation & Home Repairs, Inc. through acceptable forms: cash, check, credit card and, if applicable, the Escrow, promptly upon scheduling of work to be completed. The final payment shall be handed to the foreman on site the day the job is completed. The customer is responsible for all expenses incurred in performing services under this Agreement. Should the work as stated in the agreed upon contract change due to unforeseen circumstances, the customer will be notified of any additional changes to the original agreed upon contract before further work will be permitted. Affordable Foundation & Home Repairs, Inc. does not offer loan services through the company only through third party agreements which a separate agreement between the customer and third party. Should the customer choose to not pay in full the agreed upon stated in the original contract, the contractor will contact and advise legal counsel of such occurrence and customer will be contacted by legal counsel. There is a 5% accruing monthly late fee for jobs not paid to the head foreman on site; there are no exclusions to this fee (bank closed, failure to fill out proper forms for loans/financing, etc.)
13. INSURANCE AND WORKERS COMPENSATION.
Contractor carries workers compensation insurance to protect the Contractor’s employees during the progression of the work. Owner shall obtain and pay for any insurance against injury to Owners own employees, persons under Owner’s direction, persons on the job site that are not associated directly with or instructed to be on site by the Contractor.
14. SERVICE PROVIDER REPRESENTATIONS AND WARRANTIES.
Affordable Foundation & Home Repairs, Inc. hereby represents and warrants that (a) the work provided will be an original work of Affordable Foundation & Home Repairs, Inc. and any third parties will have executed assignment of rights prior to being allowed to participate in the development of the project; b) Affordable Foundation & Home Repairs, Inc will comply with all laws and regulations applicable to Affordable Foundation & Home Repairs, Inc obligations under this Agreement.
15. PROTECTION OF OWNERS PROPERTY.
Contractor will do necessary means in order to attempt to protect the Owners personal property, however, Contractor shall not be held responsible for damage or loss to any items of personal property; such as criminal break in of the home during the time of work on the home. Owner is responsible for ensuring locks and protection of personal property are in place especially when Contractors crews leave the site, as entry was granted by the Owner or Agent, and Contractor will ensure crews do their best when leaving a site including locking areas that needed to be unlocked upon entry, but Contractor is not liable should a crew member leave the area unsecured (although unlikely to occur).
16. WORK STOPPAGE.
Contractor shall have the right to stop work and allow job site to remain idle if payments are not made on time within the agreed upon time frame. If the work is stopped, for any reason, for a period of 30 days or more, then the Contractor may, on a 5 days’ notice, demand and receive payment from the Owner for all work executed and materials ordered and supplied and ANY other loss sustained in addition to original Contract price. If work is stopped for any reason, the Contractor is thereafter relieved from any further liability. If work is stopped and materials are on site, the Owner shall provide protection for all material on the premises and shall be responsible for any damage, warpage, racking, or loss of that material.
17. RIGHT TO CANCEL & Termination.
As soon as this proposal is signed, AFHR, DBA The Crack Guys, will obtain and/or allocate the necessary products and resources to complete the job. If customer cancels the job prior to installation, the customer will be responsible for a cancellation and restocking fee equal to 15% of the total contract price. If cancelled 14 days or less to job start date the cancellation and restocking fee will be equal to 25% of the total contract price.
18. NOTICE.
Any notice by Contractor is permitted to be given by mail or electronic mail to the address stated within this Contract. Failure to notify Contractor of change of address shall be considered a breach of this Contract and allows for Contractor to obtain legal remedies. Should legal remedy be needed, Owner is liable for any and all costs that the Contractor may assume including Retainer fees set by legal counsel; Court fees; Filing fees; Ruling fees; Gas reimbursement for those who must travel to and from legal advisor or hearings or the like; fees for retaining personal attorney for self (Owner) and all other fees that may be applicable.
19. Entire Agreement.
This Agreement is the final, complete, and exclusive agreement of the parties with respect to the subject matters hereof and supersedes and merges all prior discussions between the parties with respect to such subject matters. No modification of or amendment to this Agreement, or any waiver of any rights under this Agreement, will be effective unless in writing and signed customer & Affordable Foundation & Home Repairs, Inc. The terms of this Agreement will govern all Projects and services undertaken by Affordable Foundation & Home Repairs, Inc., and the customer. In the event of any conflict between this Agreement and the express written terms of an agreement applicable to an engagement, the express written terms of such agreement will govern, but only to the extent and with respect to the services set forth therein. In the event that the customer or contractor wish to amend any of the terms or conditions contained in the estimate/agreement then such amendment shall be agreed upon in writing, signed by all parties, and explicitly state that the amended document supersedes all prior estimate/agreements. Any other agreement made not in this form shall be held invalid and the prior agreement will control.
20. Integration Clause.
This document and all documents incorporated by reference in this Contract constitute the parties entire Contract. No other Contracts regarding the work to be performed under this Contract exist between the parties signed below. This Contract shall be construed in accordance with, and governed by, the laws in the State of Alabama or Tennessee (whichever is applicable).
21. Arbitration of Disputes.
Should any dispute, controversy, or lawsuit develop between the Contractor and Owner that is not resolved between the parties, shall be decided by mandatory arbitration administered by the American Arbitration Association by and in accordance with the Arbitration rules of the American Arbitration Associated unless the parties agree otherwise in writing. This paragraph shall be specifically enforceable under the prevailing arbitration law. Any award rendered by the arbitrators shall be final, and judgment may be entered on it in any court of competent jurisdiction.
22. Attorney’s Fees.
If either party becomes involved in litigation or arbitration arising out of this contract or the performance thereof, the court in such litigation, or separate suit, shall award reasonable costs and expense, including attorney’s fees, to the prevailing party. In awarding attorney’s fees, the court will not be bound by any court fee schedule, but shall, if it is in the interest of justice to do so, award the full amount of costs, expenses, and attorney’s fees paid or incurred in good faith.
23. Additional Owner Responsibilities.
Owner is responsible for all the following: 1.) Make final payment to foreman on site before crew members leave unless other terms have been agreed upon by the Contractor. Final payment shall not be withheld for any reason. 2.) Prepping the area for work. This includes ensuring that sprinkler lines are clearly marked, propane lines and any other lines that may be damaged during excavation must be marked. (Customer assumes responsibility for damages due to hidden or unmarked utility, fuel, private, sprinkler, gas, and any other lines that may be buried or above ground). 3.) Ensure maintenance of drainage is properly dispersed way from the home away from any repaired walls. 4.) Keeping gutters maintained. 5.) Keep downspout water directed a sufficient distance away from the structure. 6.) Water seepage into the structure. Contractor recommends that basements and crawlspaces should be waterproofed to reduce the chance of water seepage into the structural areas of the home. 7.) Owner is responsible for maintaining electrical plugs/outlets in which sump pumps are maintaining source of electricity from. Failure to check blown breakers or bad plugs can result in flooding when the sump pump does not have electricity. The Contractor DOES NOT take any responsibility and WILL charge a service fee (up to $300) to inspect electrical plugs/outlets for sump pumps that are not working due to no electricity. 8.) Any other items mentioned in the aforementioned statements. Please be aware that the Contractor will to the best of their ability, prevent the destruction or damage of any lines and to the property. However, due to the nature of work being performed, additional damage may occur, at no fault to the Contractor.
24. Clearing policy
Should you desire to keep any greenery, shrubs, trees, please have these removed prior to the scheduled job start date at customers’ own expense. We cannot prevent, warrant, or guarantee against tree damage or tree loss. Changes in water table, bark and root damage, increased sun exposure, and changes in grade all affect tree/shrub/plant life and are inevitable consequences of construction/remodel/repair.
25. Shading Variance
Mortar is available in a variety of colors. Black, brown, white, and gray are frequently chosen to achieve a distinctive look. It is difficult to achieve an exact mortar to sample match when choosing shade of color. This is due in part to the variety of cements available and the variety of sands that masons use. Every combination produces a different shade. We will do our best to achieve the mortar color selected. Shading differences can also occur in bricks, tile, etc. These are manufactured products, and are perceptible, to shading differences on each manufacturing run.
26. Job Site Advisory
The job site is a risky and hazardous area during construction/repairs. We are not liable for any injuries to you, your family, or your friends that may be sustained on the job site. As a result, we strongly urge you to stay out of the construction area. Please rely on the expertise of our field supervisor/foremen to ensure proper completion of your home construction/repairs. Should you choose to ignore this advisory, you do so at your own risk.
27. Back fill and grading
Builder shall not be responsible for settling of any backfill after grading.
28. Foundation walls
Builder does not warrant against dampness or water caused by natural conditions of soil drainage, hydrostatic pressure, condensation, climatic conditions, or leaks
29. Professional Changes and Permit Cost
All costs incurred by Contractor resulting from changes in the Architect, Engineer, or other professionals or consultants used by Owner including, but not limited to, supervision and coordination. Owner will pay for all required building permits, assessments, and charges that may be unforeseen.
30. Contract Not Conditioned on Financing:
Owner has represented to the Contractor or its employees that the Owner has obtained adequate financing for the performance of the Project, and the validity of this contract is not dependent on the Owner obtaining financing, or on any other condition.
31. Damage
Due to the nature of construction and the use of heavy equipment, some damage may occur to the existing driveways, walks, landscaping, and irrigation systems. The Contractor will work to minimize damage, but no guarantee can be made. The Owner is responsible for any repaving, replanting and repair work. The contractor will at the Owners direction, make repairs at the rate of cost-plus Contractors fees.
32. Utilities
The owner will provide at no charge to the Contractor potable water and electricity.
33. Casualty, Disaster, or Force Majeure Damage Costs
If the project is destroyed or damaged by accident, disaster or calamity, such as fire, rodents, storm, landslide, earthquake, vandalism, any work done by Contractor or subcontractors in rebuilding or restoring the Project shall be paid for as extra work by the Owner
34. Furniture
It is the owners’ responsibility to move furniture, floor coverings, and protect personal belongings left in the construction area.
35. Salvage
All salvage materials become the property of the Contractor unless claimed in writing by the Owner prior to the start of the job.
36. Electronic Signatures and Communications
All approvals, signatures, and communications transmitted electronically, including through Jobber, email, e-sign software, or other digital platforms used by the Contractor, are considered legal, valid, and binding.
37. Captions
the captions of this Contract shall have no effect on its interpretation.
Warranty Exclusions
Warranty Exclusions Warranty Exclusions. – The following situations (to include but are not limited to) release the Contractor from any liability and releases warranty. 1.) Any systems installed but not maintenanced by Affordable Foundation & Home Repairs. 2.) Exterior waterproofing. 3.) Improper drainage systems that do not divert water from repaired areas. 4.) Dust from installations. 5.) Damage to property including the items aforementioned in this Contract, as well as water drainage on finished walls after waterproofing but lack of water disbursement, stored items, personal property, furniture, floor coverings, and any other damage to property. 6.) Breakage of any lines as mentioned in the aforementioned statements. 7.) Any damages caused by mold or other bacterial growths including but not limited to property damage, loss of income, personal injury, emotional distress, adverse health effects, death, loss of value, or any other effects. 8.) Property damage from electrical failure i.e., breaker blown to sump pump plug that causes flooding (See “Additional Owner Responsibilities” #7).
Final Acknowledgment
By approving the associated quote electronically, signing onsite, signing via e-sign software or email, or otherwise authorizing work to begin, you acknowledge that the foregoing fairly sets out your understanding of our mutual responsibilities and agree to be legally bound by these Terms & Conditions.
