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YOUR BUSINESS NAME
YOUR BUSINESS ADDRESS
YOUR BUSINESS TELEPHONE/FAX NO.
This contract made this .……… day of…………..…….20..…,between ………………………………………….………………………………..,
hereinafter called the “OWNERS”, and………………………………………………………………………..…, hereinafter called the “CONTRACTOR”.
WITNESSETH:
WHEREAS, the owners are the owners of real property located at……………………………………………..……….……………………………………
City……………………………………………………Zip…………………………Phone no…………………………………………….……………………..
NOW, THEREFORE, in consideration of the promises and the mutual covenants hereinafter contained, the parties hereto agree as follows:
WHEREAS, the contractor agrees to……………………………………………………………………………………………………………….…………….
………………………………………………………………………………………………………….……………………………………..on owner’s property
for the principal sum of……………………………………..………………………………………Dollars ($…………………………) to be paid as follows:
1. $…………………………………………………………………………………………………………………………………………………………
2. $…………………………………………………………………………………………………………………………………………………………
3. $…………………………………………………………………………………………………………………………………………………………
SPECIFICATIONS: ……………………………..…………………………………………………………………………………………………
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1. The estimated date that the work will begin is ………………………………………….………………….. . The estimated date the work will be completed is …………………………………………Delays due to material backorder, change orders, weather conditions, or other circumstances beyond the
control of the contractor may affect these dates. The dates of beginning and or completion are not of the essence. Initial One! YES _______ NO _______
2. The owners and contractor agree that the contractor will backfill and return yard to rough grade, but that the contractor shall not be liable or responsible for damage to the lawns, shrubbery, trees, walks, driveways, patios, or buildings, etc.
3. The contractor agrees that all materials used shall be of good quality and that all work will be done in a good workmanlike manner, and that it will remedy any defect in the workmanship of which it receives notice within one year from purchase date, without additional cost to the owners, the owners agree, however, that with respect to all accessories purchased by the contractor for installation such as heaters, light fixtures, plumbing fixtures, flooring, rugs, tiles, etc. that they shall look solely to the manufacturer’s guarantee and not to the contractor.
4. The parties hereto further agree that the contractor’s Warranty shall not be available to the owners unless the entire amount of the contract, together with any extras, shall have been paid by the owners in full.
5. The parties further agree that there are no warranties or representations made by or on behalf of the contractor other that those specifically set forth herein.
6. The parties further agree that title to all removable equipment, parts, accessories and other materials installed or not installed hereunder shall remain as the contractor’s personal property, until all monies due contractor have been paid in full.
7. This agreement shall not be binding upon the contract unless accepted by the contractor within fifteen days after the date submitted. Upon acceptance of this agreement, neither party shall have the right to cancel same, except otherwise provided herein under the law.
8. The owners agree to hold the contract harmless for any claims or damages against the contractor by reason of any mistake on the part of the owners’ tape location map, survey, by reason of the violation of any zoning, or deed restriction.
9. Contractors engaging in any activity relating to the financing of a home improvement contract must fully disclose to the homeowner the nature of the activity and the agreement between the homeowner and the party providing the financing must be in writing. Activities which are prohibited without disclosure includes aiding in finding financing, arranging financing, actually providing financing, or receiving a commission or payment for the financing of the home improvement contract.
10. Notice: If the work is performed herein and the owners fail to pay for said work, any contractor, subcontractor, or supplier who provides home improvement goods or services pursuant to your home improvement contract and who is not paid may have a valid legal claim against your property, known as a mechanic’s lien. Any mechanic’s lien filed against your company may be discharged. Payment of the agreed upon price under the home improvement contract prior to filing of a mechanic’s lien may invalidate such lien. The owner may contact an attorney to determine his rights to discharge a mechanic’s lien.
11. NOTICE: Contractor is legally required to deposit all payments received prior to completion in accordance with Section 71-A of the New York Lien Law. Contractor will deposit said funds in ……………………………………………………………… Bank, Acct. No. ……………………………………………………….
12. Notice: Under payment section above a portion of the first payment will be applied towards administrative and sales expenses.
13. Notice: In addition to any right otherwise to revoke an offer, the owners may cancel this contract until midnight of the third business day on which the owner has signed an agreement or offer to purchase relating to such contract. Cancellation occurs when written notice of cancellation is given to the home improvement contractor. I acknowledge that a separate notice of cancellation has been given to me. __________ Initials of owner.
14. This writing contains all agreements between the parties. Modifications, alterations, or change of terms must be in writing.
15. The contractor agrees that in the event that this contract does not contain all the requirements of Article 36A of the general business law, he will comply with the law.
16. In the event of a dispute, both parties agree to first submit to BCB’s in-house mediation or formal arbitration through the Center for Dispute Settlement.
17. Should an unforeseen problem arise whether by pre-existing condition or similar circumstance not detailed in this contract, additional costs may be incurred
at the reasonable discretion of the contractor.
Date: ………………………… Owner: …………………………………………… Owner: ………………………………………………………………..
Date: ……………………….. Contractor: ……………………………………………………………………………………………………………………
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NOTE: Itemized specifications may continue on an attached sheet, which legally becomes part of this contract.
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