1. DEFINITIONS: “You”/“Your” means the customer identified in the Agreement. “UBrothers Construction” means solely that legal entity identified in the Agreement as the Contractor, and none of its affiliates, subsidiaries, parents, agents, representatives, employees, officers, managers or directors. “Service Provider” means an independent contractor authorized by UBrothers Construction, and the Service Provider’s employees, agents, subcontractors, and any others for whom the Service Provider is responsible. “Home” means the real property, fixtures and any physical improvements where the Services are performed. “Agreement” means the Home Improvement Agreement between You and UBrothers Construction, plus (1) any Change Orders; (2) the State Supplement, if any; (3) these General Terms and Conditions (“General Conditions”) and any documents referenced in or attached to any of the foregoing.
2. SCOPE: The Agreement is for (1) the delivery and furnishing of goods, equipment, materials, and hardware and (2) any related labor and services, including without limitation, construction, consultation, fabrication, erection, installation, inspection, maintenance, repair, and testing (collectively, “Services”), as more particularly described in the Agreement. UBrothers Construction may perform Services directly or may arrange for Services to be performed by an Service Provider. Notwithstanding any language to the contrary in any other portion, provision, or term of this Agreement, UBrothers Construction does not provide, authorize, or arrange for architectural, engineering or other licensed design services, nor does UBrothers Construction provide, authorize or arrange for structural changes to Your Home.
3. UBROTHERS CONSTRUCTION’S RESPONSIBILITIES: UBrothers Construction or Service Provider will complete the Services in a workmanlike manner and in accordance with applicable law without causing damage to Your Home, provided, however, that UBrothers Construction or Service Provider will not start or continue with any Services upon discovery of any condition at Your Home that UBrothers Construction or Service Provider deems in its sole discretion to be hazardous or unsafe. Unless specifically contracted to do so, neither UBrothers Construction nor Service Provider is obligated to repair such pre-existing hazardous or unsafe conditions at Your Home.
4. ASSIGNMENT/SUBCONTRACTING: UBrothers Construction and Service Provider may assign this Agreement, or any right herein, or any monies due or to become due hereunder, and may delegate or subcontract any obligations or Services hereunder without Your consent. This Agreement shall not be assigned by You without first receiving UBrothers Construction’s written consent, which may be denied in UBrothers Construction’s sole discretion.
5. YOUR RESPONSIBILITIES A. Payment: You agree to pay UBrothers Construction in full for the Services pursuant to the terms of this Agreement. B. Safe Access: You agree to provide UBrothers Construction and Service Provider safe and complete access (“Safe Access”) to Your Home, including any means of egress or ingress, and access to any property, buildings, or structures necessary for the staging, temporary storing and performance of the Services (“Work Area”). Safe Access includes, without limitation, the following: (1) obtaining in advance of the Services consent, permission, or relief from any covenants, easements, restrictions, or other legal encumbrances affecting the Work Area;(2) providing the location of utilities, whether underground, concealed, overhead or visible, to UBrothers Construction or Service Provider;(3) removing from the Work Area physical impediments, hazards, and building code or zoning violations that affect directly or indirectly the Work Area; (4) removing unsafe working conditions and hazardous materials, including environmental hazards, from the Work Area; (5) providing sanitary facilities to UBrothers Construction or Service Provider convenient to the Work Area (or, alternatively, paying for the rental costs of such facilities); (6) providing all utilities, including without limitation, power, water, ventilation and climate control, in and for the Work Area; (7) removing from and protecting against minors, pets, guests and visitors in the Work Area; (8) keeping permits, if required, visible at all times; (9) disengaging, suspending or terminating any security systems protecting the Work Area; (10) providing adequate temporary storage space as needed for UBrothers Construction’s or Service Provider’s performance of the Services; and (11) not interfering, impeding, impacting or otherwise disrupting the Work Area at any time during UBrothers Construction’s or Service Provider’s performance of the Services. C. Services are to be performed by UBrothers Construction or Service Provider. If You attempt to perform or assist with the Services in any way, You assume all risk for property damage and for injury to Yourself and others.
6. ENTIRE AGREEMENT: This Agreement is the final, integrated, and exclusive expression of the parties’ agreement, which supersedes all prior and contemporaneous offers, orders, agreements, understandings, representations, proposals, confirmations, and negotiations between the parties, whether oral or written. No course of dealing, usage of trade, course of performance, course of conduct, or any other evidence of additional or different terms shall be admissible to contradict or vary any term in the Agreement.
7. SECURITY INTERESTS; LIENS: If You make all payments as required under this Agreement, no security interest will be placed against Your property by UBrothers Construction. If a security interest is placed on Your property, it creates a lien, mortgage, or other claim against Your property to secure payment and may cause a loss of Your property if You fail to pay as requested. After paying on any completed phase of the Services and before making any further payments, You should request from UBrothers Construction or Service Provider a signed, unconditional release from, or waiver of, any right to place any claim against Your property applicable to the work then completed. You may ask an attorney about Your rights to discharge security interests.
8. CREDIT CARD TRANSACTIONS: If payment is made by credit card, Your cardholder agreement, to which UBrothers Construction is NOT a party, will determine the total cost of Your purchase, including any initial payment/deposit You may make and all interest charges and fees. You will be further subject to Your cardholder agreement’s terms and conditions.
9. FINANCED TRANSACTIONS: If You are financing this transaction in whole or in part, Your separate loan agreement, to which UBrothers Construction is NOT a party, will determine: (i) the amount financed or the sum of the credit extended; (ii) the associated finance charges – or the dollar amount the loan will cost You; and (iii) the total payment – or the amount paid upon making all scheduled payments. You will be further subject to Your loan agreement’s terms and conditions.
10. TITLE AND RISK OF LOSS: The title to and risk of loss for any materials or goods provided to You that originate from UBrothers Construction (1) shall pass to You when paid for in full by You or (2) shall pass to You when paid for in full by the Service Provider as part of the Services. Title to any other materials or goods provided by Service Provider shall pass to You upon completion of the Services.
11. WARRANTY AND LIMITATION ON WARRANTIES:
a. Warranty: Unless otherwise stated in the Warranty section of the Agreement or in the State Supplement, UBrothers Construction warrants for five years from their completion date that all Services shall be performed with good workmanship and shall conform to the requirements of the Agreement. A “Defect” shall be any Services that are found not to be as warranted. During the warranty period and within a reasonable time after receiving notice from You of a warranty claim, UBrothers Construction may, at its sole option (a) correct or replace each Defect, or (b) remove each Defect and refund the full purchase price thereof to You. Provided, however, that all warranties are voided if anyone other than UBrothers Construction or Service Provider performs work upon or otherwise modifies any materials or Services provided under this Agreement.
b. Limitation on Warranties: THE WARRANTIES PROVIDED IN THIS AGREEMENT ARE STRICTLY LIMITED TO THE FOREGOING EXPRESS WARRANTIES CONTAINED IN SUBPARAGRAPH A, IN THE WARRANTY SECTION OF THE AGREEMENT, IF ANY, OR IN THE STATE SUPPLEMENT, IF ANY. YOU ACKNOWLEDGE AND AGREE THAT NO OTHER WARRANTIES ARE MADE OR GIVEN BY HOME DEPOT OR SERVICE PROVIDER, INCLUDING ANY WARRANTY FOR FITNESS OF PURPOSE, WARRANTY OF MERCHANTABILITY, OR ANY OTHER ORAL, EXPRESS OR IMPLIED WARRANTIES. HOME DEPOT'S EXPRESS WARRANTIES ARE VOIDED FOR ANY DEFECT CAUSED BY ABUSE, MISUSE, NEGLECT, LACK OF PRESCRIBED OR STANDARD MAINTENANCE, OR IMPROPER CARE/CLEANING. ANY MANUFACTURER'S WARRANTIES PROVIDED FOR GOODS, MATERIALS, OR EQUIPMENT WILL BE PASSED THROUGH BY UBROTHERS CONSTRUCTION TO YOU, AND YOU AGREE TO LOOK SOLELY TO SUCH MANUFACTURER FOR REMEDY OF ANY DEFECT IN SUCH GOODS, MATERIALS, AND EQUIPMENT. UBROTHERS CONSTRUCTION MAY ASSIST YOU WITH WARRANTY CLAIMS AGAINST MANUFACTURERS.
12. RIGHT OF CANCELLATION: YOU MAY CANCEL THIS AGREEMENT WITHOUT PENALTY BY DELIVERING WRITTEN NOTICE TO UBROTHERS CONSTRUCTION BY MIDNIGHT ON THE THIRD BUSINESS DAY AFTER SIGNING THE AGREEMENT. THE STATE SUPPLEMENT CONTAINS A FORM TO USE IF ONE IS SPECIFICALLY PRESCRIBED BY LAW IN YOUR STATE. Your payment(s) will be returned within ten (10) business days after UBrothers Construction’s receipt of Your notice. You must make available for pickup by UBrothers Construction or Service Provider, at Your Home and in substantially the same condition as when delivered, any materials, goods, or equipment delivered to You.
13. TERMINATION: This Agreement may be terminated by UBrothers Construction for its convenience, and by either party for cause if the other party fails to correct a material breach within ten (10) days after receiving notice from the non-breaching party identifying the breach. In the event UBrothers Construction terminates this Agreement because You fail to provide UBrothers Construction or Service Provider Safe Access to perform the Services, or if either party terminates the Agreement because You decline a Change Order request resulting from unforeseen or hazardous conditions, then You shall pay UBrothers Construction for Services provided through the date of termination plus any costs or expenses incurred by UBrothers Construction or Service Provider as a result of the termination.
14. PAYMENT: You will not pay anything to Service Provider, although Service Provider may present this Agreement to You for Your review and signature and/or collect Your payment(s) to UBrothers Construction on UBrothers Construction’s behalf.
15. CLAIMS, DISPUTE RESOLUTION, CHOICE OF FORUM AND CHOICE OF LAW: a. This Agreement shall be governed by and interpreted in accordance with the laws of the State where the Project is physically located. b. JURY WAIVER: YOU AND HOME DEPOT IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THE SERVICES OR THIS AGREEMENT
This form represents additional work to be performed by UBrothers Construction over and above what is specified in the original contract. The items listed below will represent the full extent of work to be performed. Any alterations or deviation from these specifications involving extra cost for material and labor will only be executed upon written orders, and will become an extra charge, over the sum on the contract.
Home as a construction site: Your home will be a construction site during the installation of your products and it will be noisy. There may be a significant amount, of job debris associated with your project installation, most of which will be cleaned up and removed at the end of each day, and upon job completion. However, it is possible some nails or debris may be missed during the site cleanup. We recommend the homeowner use caution when walking around the construction site (especially children and pets) to avoid possible injury.
Remove All Items from Interior Walls: Please remove pictures, mirrors and other items that are not securely attached to the wall areas inside the home. This includes items such as plates displayed on a plate rail and fragile items on open shelves. When old product is removed or new product is nailed, occasionally "nail pops" (raised nail heads) may emerge. If this occurs, we will not be responsible for patching, painting or wallpapering interior walls.
Preparation (Tear Off): UBrothers Construction will tear off existing product material and dispose it. If hidden layers are found, they will be removed at an additional 85$ per square, per layer.
Rotten or Deteriorated Wood: The exact condition of your existing products cannot be verified until we remove your products, if applicable. If rotten or deteriorated wood is discovered AFTER removing your existing products, additional charges will apply. Repairs to your home may conflict with the original (estimated) completion date. UBrothers Construction has your approval to replace or repair any damage found, at an additional cost (Approximate cost, labor and materials necessary for re-sheeting/new sheeting will be 240 $ per square)
Setup/Job Access: Please let us know where you would like us to stage your materials (where to place the materials, dumpster, park vehicles, and where to store our equipment). Keep in mind that everything we use needs to be as close to the house as possible, and our workers need access to a grounded electrical source in order to run their equipment in order to run their equipment. Please insure all pets and animals are properly secured. We will attempt to protect the surface of your driveway, although minor scratches or cracks may occur. Please notify us prior to starting the job if you have a sprinkler system, septic field or well, and if so the location(s).
Cleanup: At UBrothers Construction, cleanup is important. We will remove and dispose of all product/project debris. Any other sensitive or valuable items stored on house and garage walls must be removed by customer prior to and during installation of siding. Plants & Shrubbery: During the installation process some damage may occur to the surrounding plants and shrubbery. UBrothers Construction will take every precaution to protect plants / shrubbery, however their replacement is not included in this proposal. Customer is responsible for trimming trees and bushes at least two feet from the house. If customer hasn't trimmed shrubbery by the time work has started, contractor has permission to trim back shrubbery two feet from the house at the regular labor rate. Security Alarms: Customer is responsible for coordinating work with Customer's home security program. UBrothers Construction is not responsible for disconnecting or reconnecting any part of client's alarm system. If UBrothers Construction disconnects any part or component of alarm system, UBrothers Construction assumes no responsibility for the alarm's working condition.
WINDOWS-Reverse Condensation: Your new window are considered ”super Insulated" windows. This means that from this point forward, your home will lose very little heat through its windows. Since the windows will no longer be warm on the outside, it is not uncommon for dew to form on the exterior surface of the glass in the early morning hours, just as it forms on your car or your lawn. This is a normal occurrence for this product and is a sign of its remarkable insulating capabilities...this dew typically disappears by mid-morning.
WINDOWS/DOORS-Trim Work: The installation of your windows or doors may require the installation of some interior wood-trim. If that is the case, the trim work is left as finished carpentry, ready to paint. UBrothers Construction does not do any painting or staining.
INTERIOR?EXTERIOR PAINTING: Service provider doesn’t do any paint work that need to be performed on new or existing interior/exterior trims; interior drywall or exterior siding. In most cases customer will be informed in advance that such type of work will be required. Sometimes this extra work could come up during the initial installation.
INTERIOR DAMAGES: Service provider could not be responsible for any damages made to interior walls and caused by banging, cutting, removing existing siding, performing work on outside of the hose. For example: crack drywall; loose window,door trims; cracked tile grout etc.
SOLAR PANELS: Solar panels have to to be disconnected prior beginning any work. It is customers responsibility to contact solar company and hire them.
SCHEDULING: Is subject to materials and permit availability. All materials should be ready for delivery in order to schedule it. If customer agrees to start the project without having all materials available,last payment must be made as scheduled. No more than cost of unfinished work could be on hold until everything is completed.
CHIMNEY: Installer could not be responsible of any damages caused by chimney, if it is in reasonably bad condition. No Lead flashing work to be performed until chimney is repointed or rebuilt, whatever is required.