TITTLE ON ALL MATERIALS
purchased by this agreement shall transfer to customer upon installation completion. Buyer further agrees:RISK OF LOSS
– to assume all risks, and no loss, damage or disrepair of property nor maintenance of insurance shall release buyer from and obligation hereunder.COLLECTIONS COSTS
– to pay all actual and reasonable costs of collection occasioned by failure of buyer to pay seller.CUMULATIVE REMEDIES
– seller’s rights and remedies are concurrent, cumulative and in addition to those provided by law.ENTIRE AGREEMENT
– this agreement contains the entire agreement between buyer and seller, including all representations and warranties made by seller and buyer acknowledges that seller has not offered buyer any rebates, discount, commission or other consideration for any future sale, information or assistance by buyer.ASSIGNMENT
- this agreement shall inure to benefit of seller’s assigns.INSURANCE
– buyer agrees to insure said property against loss by fire in favor of seller, his successors or assigns, to property care for said property and not to remove the same from the premises described: said property shall not become part of the realty.LABOR AND MATERIALS
- buyer agrees that any labor or material furnished to buyer shall be added to and become a part of the purchase price.WARRANTY
– no other agreement or guarantee, oral or written, express or implied, shall limit or qualify the terms of this agreement and no warranty of said property has been made unless herein expressed. Warranty on all installation is for 24 months, to be free from installation errors and Vineyard Floors will not charge for any of such repairs. It is the agreed customer will move any and all furniture to do such repairs. After 24 months, Vineyard Floors may or may not be choice to make repairs and if so there will be a nominal charge for those repairs.JOINT AND SEVERAL LIABILITY
– if this agreement is executed by more than one buyer, then term “buyer” refers to each buyer and liability of each buyer is joint and several.MISCELLANEOUS COST
– includes State sales tax and overhead contribution.NOTICE TO OWNER (Section 7018.5 – Contractors License Law)
THE LAW REQUIRES THAT BEFORE A LICENSED CONTRACTOR CAN ENTER INTO A CONTRACT WITH YOU FOR A WORK OF IMPROVEMENT ON YOUR PROPERTY, HE/SHE MUST GIVE YOU A COPY OF THIS NOTICE.
Under the California Mechanics' Lien Law, any contractor, subcontractor, laborer, supplier, or other person or entity who helps to improve your property, but is not paid for his or her work or supplies, has a right to place a lien on your home, land, or property where the work was performed and to sue you in court to obtain payment. This means that after a court hearing, your home, land, and property could be sold by a court officer and the proceeds of the sale used to satisfy what you owe. This can happen even if you have paid your contractor in full if the contractor's subcontractors, laborers, or suppliers remain unpaid. To preserve their rights to file a claim or lien against your property, certain claimants such as subcontractors or material suppliers are each required to provide you with a document called a "Preliminary Notice." Contractors and laborers who contract with owners directly do not have to provide such notice since you are aware of their existence as an owner. A preliminary notice is not a lien against your property. Its purpose is to notify you of persons or entities that may have a right to file a lien against you property if they are not paid. In order to perfect their lien rights, a contractor, subcontractor, supplier, or laborer must file a mechanics' lien with the county recorder which then becomes a recorded lien against your property. Generally, the maximum time allowed for filing a mechanics' lien against your property is 90 days after substantial completion of your project.
TO INSURE EXTRA PROTECTION FOR YOURSELF AND YOUR PROPERTY, YOU MAY WISH TO TAKE ONE OR MORE OF THE FOLLOWING STEPS:
(1) Require that your contractor supply you with a payment and performance bond (not a license bond), which provides that the bonding company will either complete the project or pay damages up to the amount of the bond. This payment and performance bond as well as a copy of the construction contract should be filed with the county recorder for your further protection. The payment and performance bond will usually cost from 1 to 5 percent of the contract amount depending on the contractor's bonding ability. If a contractor cannot obtain such bonding, it may indicate his or her financial incapacity.
(2) Require that payments be made directly to subcontractors and material suppliers through a joint control. Funding services may be available, for a fee, in your area which will establish voucher or other means of payment to your contractor. These services may also provide you with lien waivers and other forms of protection. Any joint control agreement should include the addendum approved by the registrar.
(3) Issue joint checks for payment, made out to both your contractor and subcontractors or material suppliers involved in the project. The joint checks should be made payable to the persons or entities which send preliminary notices to you. Those persons or entities have indicated that they may have lien rights on your property, therefore you need to protect yourself. This will help to insure that all persons due payment are actually paid.
(4) Upon making payment on any completed phase of the project, and before making any further payments, require your contractor to provide you with unconditional "Waiver and Release" forms signed by each material supplier, subcontractor, and laborer involved in that portion of the work for which payment was made. The statutory lien releases are set forth in exact language in Section 3262 of the Civil Code. Most stationery stores will sell the "Waiver and Release" forms if your contractor does not have them. The material suppliers, subcontractors, and laborers that you obtain releases from are those persons or entities who have filed preliminary notices with you. If you are not certain of the material suppliers, subcontractors, and laborers working on your project, you may obtain a list from your contractor. On projects involving improvements to a single-family residence or a duplex owned by individuals, the persons signing these releases lose the right to file a Mechanic's lien claim against your property. In other types of construction, this protection may still be important, but may not be as complete. To protect yourself under this option, you must be certain that all material suppliers, subcontractors, and laborers have signed the "Waiver and Release" form. If a mechanics' lien has been filed against your property, it can only be voluntarily released by a recorded "Release of Mechanics' Lien " signed by the person or entity that filed the mechanics' lien against your property unless the lawsuit to enforce the lien was not timely filed. You should not make any final payments until any and all such liens are removed. You should consult an attorney if a lien is filed against your property.NOTICE TO CUSTOMERINSTALLATION
– it is understood that Vineyard Floors may not install said materials but that by acceptance of this Proposal you authorize Vineyard Floors to arrange with a licensed subcontractor to make the installation, you authorize Vineyard Floors (1) to issue to said subcontractor an installation work order with specifications shown herein and (2) to pay the subcontractor his charge for such installation upon your execution of a completion certificate establishing that the installation has been satisfactory completed. You agree to pay Vineyard Floors the amount specified here, which will cover the price of said materials and the installation charge.
Verbal understanding and agreements with representatives, all not be binding unless set forth herein.
There shall be no liability for delays in, or failure to complete, delivery or installation of all or any of the herein mentioned merchandise, if due to fire, strikes, war, governmental regulations, or any cause beyond our control.
Any changes made by you in the specifications herein, necessitating additional materials or labor, shall not be included or covered by this proposal, but shall be provided for under separate and additional orders from you.
Failure by the contractor without lawful excuse to substantially commence work within twenty (20) days from the approximate date in the contract when work will begin is a violation of the contractors license law.
Owner has the right to require the contractor to have performance and payment bond.
Contractors are required by law to be licensed and regulated by the Contractors' State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors' State License Board, P.O. Box 26000, Sacramento, CA 95826.
This instrument and security agreement is subject to the additional provisions, warranties, and undertakings and rights set forth on this contract, the same being incorporated herein by reference.DISPUTES
STATE LAW REQUIRES ANYONE WHO CONTRACTS TO DO CONSTRUCTION WORK TO BE LICENSED BY THE CONTRACTORS STATE LICENSE BOARD IN THE LICENSE CATEGORY IN WHICH THE CONTRACTOR IS GOING TO BE WORKING-IF THE TOAL PRICE OF THE JOB IS $500 OR MORE (INCLUDING LABOR AND MATERIAL).
LICENSE CONTRACTORS ARE REGULATED BY LAW DESIGNED TO PROTECT THE PUBLIC. IF YOU CONTRACT WITH SOMEONE WHO DOES NOT HAVE A LICENSE, THE CONTRACTORS STATE LICENSE BOARD MAY BE UNABLE TO ASSIST YOU WITH A COMPLAINT. YOUR ONLY REMEDY AGAINST AN UNLICENSED CONTRACTOR MAY BE IN CIVIL COURT, AND YOU MAY BE LIABLE FOR DAMAGES ARISING OUT OF ANY INJURIES TO THE CONTRACTOR OR HIS EMPLOYEES.
YOU MAY CONTACT THE CONTRACTORS STATE LICENSE BOARD TO FIND OUT IF THIS CONTRACTOR HAS VALID LICENSE. THE BOARD HAS COMPLETE INFORMATION ON THE HISTORY OF THE LICENSED CONTRACTORS, INCLUDING ANY POSSIBLE SUSPENSIONS, REVOCATIONS, JUDGMENTS, AND CITATIONS. THE BOARD HAS OFFICES THROUGHOUT CALIFORNIA. PLEASE CHECK GOVERNMENT PAGES OF THE WHITE PAGES FOR THE OFFICE NEAREST YOU OR CALL 1-800-321-CLSB FOR MORE INFORMATION.