LICENSING: The undersigned Contractor is required to be licensed under Article 24 of act 299 of the public act of 1980. as amended. MCLA 339.892. The contractor's qualifying office is licensed as a residential Maintenance and alteration contractor in the state of Michigan, License number 262000370, which allows the contractor to provide the work described herein. PERMITS: Contractor is responsible to pull all permits. CONTRACTOR RESPOINSIBILITY: Renovations Now ("Contractor") shall perform work in a professional manner and in keeping with industry standards. For liability reasons, the Contractor cannot be responsible for the reinstallation of any alarm or security system alarm or security sensors. Any reinstallation of security and or alarm hardware must be performed by the Buyer or a professional alarm company. and Buyer releases Contractor from all costs, expenses, damages, or liabilities related to the failure of any alarm or security system to work properly. Buyer shall also indemnify, defend, and hold Contractor harmless, and waives and releases Contractor from any and all claims and cause of action. Related to any encroachments or boundary disputed, or any violations of any laws, building and use restrictions, statues, or ordinances related to the property, the home, or any other structure or improvements on the property, including, but not limited to any zoning ordinances or other municipal ordinances, regulations, and rules; And all future amendments related thereto. Any changes or alterations from the plans and specifications for the work which may be required by any public body, inspector, or homeowner which increase the cost of construction shall constitute extra work and shall be paid by the Buyer, regardless if a written Change Order has been signed. The extra work shall be payable by Buyer to Contractor before Change Order starts. DELAY: The contractor shall be entitled to an equitable adjustment in the Start Date. Substantial Completion Date and Contract Sum for (a) events beyond Contractor's control (such as but not limited to acts of God, labor strikes, inclement weather, material shortage delays due to municipal restrictions, and other events not the fault of Contractor) and (b) delays caused by actions of the Buyer (such as but not limited to acts or omissions of the Buyer or separate contractors employed by the Buyer. The Buyer preventing Contractor from performing any Work, the Buyer or a designated representative of Buyer failing to promptly respond to communications, and the Buyer's failure to provide approvals or signoffs) ALL MATERIALS MUST BE CHOSEN WITHIN 7 DAYS TO AVOID ADDITIONAL CHARGES (Unless otherwise specified in writing at the time of sale) . Any changes to materials beyond close of business on the 7th calendar day after signing will be subject to a $1,500 reordering fee, Any changes to materials beyond close of business on the 14th calendar after signing date will be subject to an additional $1,000.00 reordering fee. UNKNOWN CONDITIONS: If the Contractor encounters conditions on the project that are concealed or unknown, which conditions include by no way of limitation pre-existing or unforeseen hazardous conditions or materials, unforeseen structural problems, unforeseen land conditions, differing site conditions, or situations, or conditions that differ materially from those ordinarily found to exist in the type of work to be provided in this Agreement Contractor shall inform Buyer of such issues and shall be entitled to an equitable adjustment in the Total Project Price (inclusive of reasonable profit and overhead) and time for substantial completion as determined by a Change Order. Buyer shall defend, indemnify and hold harmless Contractor from and against any and all claims. Damages losses and expenses. including attorney's fees. Relating to pre-existing hazardous materials and conditions. Except to the extent Contractor fails to advise the Buyer of such condition upon discovery and the Contractor's acts or omissions occurring after the discovery of such conditions increase or otherwise expand the scope of such conditions. SPRINKLER LINES: Renovations now is not responsible for damaging existing sprinkler lines that are concealed and not marked by the homeowner's sprinkler company, if homeowner cannot get the sprinkler lines fixed Renovations Now will and charge the cost back to the homeowner. NO SET-OFFS OR RETENTIONS: Upon substantial completion of the Contractor's performance the Buyer shall pay all amounts due under this Agreement in accordance with its terms without any right of set-off retention ("Final Payment"). Substantial completion is defined as the job being materially completed and functional as intended. The contractor will not be responsible for the timeliness of regulatory authority processing permits; nor delays in Buyer's or the decision making by any agent of Buyer in making final payment the Buyer waives all claims except for (a) outstanding items on a Punch List:(b) liens; and (c) improper workmanship or defective material appearing within one year after the date of Substantial Completion: and (d) any claims previously made in writing, and which remain unsettled. If after making full payments the Buyer alleges that the work is defective in any respect to the Contractor without waiving any of its rights, shall cause an inspection of the premises and preform any remedial work to the extent the Buyer is entitled thereof under this Agreement, or the terms of any guarantee provided by the Contractor. GUARANTEE: 25 years guarantee for Hardie Backer, Lifetime guarantee for Schluter, and lifetime guarantee for Now Stone, 25 years guarantee for LVP. No service fee, all materials, and all labor included. Should Buyer believe any work or product manufactured and provided by the Contractor under the Agreement is defective, buyer should provide written notice to the Contractor within the guarantee period, setting forth defect and the sole and exclusive remedy to and provide the sole and exclusive damages of Buyer for any defective work or products and for any action asserted arising out of any action or work performed by Contractor under this Agreement. This guarantee does not cover wear and tear or damage due to neglect, negligence or failure to provide proper maintenance. The contractor shall be responsible only to repair the defective portion of the work to its condition on the date of completion. The guarantee does not cover the items that have been modified or repaired by or on behalf of the Purchaser or any items that are installed or constructed after the completion including items that are installed pursuant to a separate agreement between the Buyer and any other party.
THIS IS IN LIEU OF ALL OTHER GUARANTEES OF THE CONTRACTOR EXPRESS OR IMPLIED, (INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED GUARANTEE OR MERCHANTABILITY HAVITABILITY, OR FITNESS FOR A PARTICULAR PURPOSE} AND INSURES ONLY TO THE BENEFIT OF THE BUYER THAT SIGNED THE AGREEMENT. CLEANING CONDITIONS: The Buyer is responsible for cleaning out the area and removing equipment, and personal items. If the Contractor is required to move or clean prior to the project start. The Buyer will be charged $500. The contractor is not liable for any damage to moved items. Buyer acknowledges that Contractor does its best to contain dust and debris generated by any demolition it performs in advance of its work but does not guarantee the total containment thereof. As such, it is the responsibility of the Buyer to clear the proposed work area of any items or objects that the Buyer does not want to get dusty. If there are items of furniture that must stay in the space or cannot be moved, it is the responsibility of the Buyer to cover them. MISCELLANEOUS: This agreement is being executed and delivered and is intended to be performed in the State of Michigan and shall be constructed and enforced in accordance with the law of such state, except as may be pre-empted by federal law. This agreement and any accompanying documents or addendum(s) represent the entire agreement between the parties and there are no prior or contemporaneous oral or written agreements or representations on which either party is relying. Any modification of this Agreement shall not be effective unless in writing, signed by the Buyer(s) and an authorized signatory of the Contractor. All change orders shall be in writing and signed by both parties. Any credit over $500 is subject to a 30% cancellation fee. The section headings contained in the Agreement are inserted for convenience only and shall not affect in any way the meaning or interpretation of this Agreement. This Agreement constitutes the entire agreement between the parties and shall be deemed to supersede and cancel any other agreement between the parties relating to this transaction. None of the previous versions of this Agreement leading up to its execution and not set forth in this Agreement shall be used by any of the parties to construe or affect the validity of this Agreement. The Buyer acknowledges that no representation, inducement, or condition not set forth in this Agreement, had been made of relied on by either party. The partial or complete invalidity of any one or more provisions of this Agreement shall not affect the validity or continuing force and effect of any other provision. In the event that the Buyer shall default in its obligations contained herein, the Contractor, in addition to any of its rights set forth in this Agreement, may terminate this Agreement by written notice to the Buyer, and in such case, the Contractor shall receive a percentage of the Total Contract Price equal to the percentage of the work completed by Contractor, plus all of Contractor's overhead and profit on the remainder of the work. In addition, any sums which remain unpaid shall accrue interest at a rate of 7% per annum until paid in full. Buyer shall pay for all cost and expenses, including but not limited to all attorney's fees and cost, incurred by Contractor in enforcing any terms of this Agreement. The contractor will not under any circumstance, whether as a result of breach, fort or otherwise, be liable for consequential, incidental, special, punitive, or exemplary damages of any kind suffered by any party to this Agreement for any reason whatsoever, whether or not Contractor knew or should have known that such damages might be incurred, While the Contractor has provided to Buyer an estimated completion date, Contractor and Buyer have determined that a definite completion date is not of the essence of this Agreement. Should His Agreement be subject to the Buyer obtaining financing by a date certain and Buyer does not obtain financing by that date, the Agreement shall terminate, and Buyer shall be entitled to a refund of all sums advanced by Buyer. CANCELLATION: If this Agreement is canceled by Buyer any time after the (3) day right to cancel, such other right to cancel as specifically provided for herein, Contractor may recover from Buyer, as liquidated damages and not as penalty, thirty-three percent (33%) of the Contract Amount. The contractor and Buyer hereby agree that it would be impractical and extremely difficult to determine Contractor's actual damages due to such cancellation and the amounts set forth herein represent a reasonable estimate of the damages that would be suffered by the Contractor and are not a penalty or forfeiture. Verbal cancellations will not be recognized. DISPUTE RESOLUTION/REMEDIES: During the Term and thereafter, Buyer agrees to take no action which is intended, or would reasonably be expected, to harm the Company or its reputation or which would reasonably be expected to lead to unwanted or unfavorable publicity to the Company. Except as may be otherwise provided for herein, if a dispute arises out of or relates to this Agreement or its breach, the parties shall endeavor to settle the dispute first through direct discussions by their appointed representatives. If a settlement does not result, both Buyer and Contractor shall meet in person to endeavor to settle dispute. Any controversy or claim arising out of or relating to this Agreement, or its breach not resolved by negotiation between the parties, except for claims which have been waived by the making or acceptance of Finial Payment, shall be decided in a court of competent jurisdiction located in the State of Michigan. If Buyer fails to make timely payment to Contractor for the goods and serviced provided as set forth in the terms of this Agreement, Contractor shall be entitled to reasonable attorneys' fees, cost, and expenses for the collection of any amount due and owing by Buyer. ENTIRE AGREEMENT INTERPRETATION AND PAROL EVIDENCE: This Agreement is intended by the Parties as a final expression of their Agreement concerning the matters contained herein and is also Intended as a complete and exclusive statement of the terms of their Agreement No course of prior dealings between the Parties and no usage of the trade shall be relevant to supplement or explain any term used in this Agreement. Acceptance or acquiescence in a course of performance rendered under this Agreement shall not be relevant to determine the meaning of this Agreement even though the accepting or acquiescing party has knowledge of the nature of the performance and opportunity for objection. Whenever a term defined by the Uniform Commercial Code Is used in this Agreement the definition contained in the Code shall control.