Common use of CONTRACTUAL DETAILS Clause in Contracts

CONTRACTUAL DETAILS. Altering Agreement - No modification of this Customer Agreement, and no authorization for extra or additions or for eliminations or changes, shall be binding on Home Works Painting, unless it is in writing and signed by a duly authorized representative of Home Works Painting. Assignment - Neither party shall assign this Customer Agreement without the prior written consent of the other party. Binding - This Customer Agreement shall ensue to the benefit of and be binding upon the parties hereto and their respective heirs, executors, administrators, successors, and permitted assigns. Cancellation by Home Works Painting – Home Works Painting may cancel this Customer Agreement at its sole discretion at any time prior to the commencement of work. If cancellation occurs after work commences, Owner acknowledges and agrees to abide by the TERMINATION BEFORE SUBSTANTIAL COMPLETION POLICY as defined below. Cancellation by Owner Before Work Begins - Owner may cancel this Customer Agreement at any time prior to midnight of the third business day after the date of this Customer Agreement. Thereafter, Owner shall immediately return to Home Works Painting any materials or equipment of Home Works Painting left on the Owner's site. In the event of cancellation before commencement of work, but after the three (3) days, Owner agrees to pay to Home Works Painting 20% of the Contract amount as liquidated damages and not as a penalty. If cancellation occurs after the three (3) days, but within five (5) days of the scheduled start date, Owner agrees to pay Home Works Painting 33% of the Contract amount as stated on the front of this Customer Agreement as liquidated damages and not as a penalty. Home Works Painting may waive the 20% or 33% cancellation fee at its sole discretion. If cancellation occurs at any time after receiving a Color Consultation, as defined above, the Owner agrees to pay an additional cancellation charge of $200.00. In the event of cancellation before work begins, but after the three (3) days set out above in this section, Owner agrees to reimburse Home Works Painting for any actual expenses incurred relating to the cancelled Customer Agreement including materials purchased, work performed in anticipation of project commencement, and drive time related to the project. Home Works Painting shall not be obligated to return any materials to the Owner in the event of cancellation. If cancellation occurs after work commences, Owner acknowledges and agrees to abide by the TERMINATION BEFORE SUBSTANTIAL COMPLETION POLICY as defined below. Compliance with Laws - Home Works Painting shall act as an independent contractor insofar as the performance of services hereunder is concerned. To that end, Home Works Painting shall employ and direct such personnel as it requires to perform said services, shall secure any and all permits that may be required in order to perform the services herein contemplated, shall exercise full and complete authority over its personnel, shall comply with all workers’ compensation, employer's liability and other federal, state county and municipal laws, ordinances, rules and regulations required of an employer performing services as herein contemplated. Damage/Deficiencies - If Owner makes or wishes to make a claim in relation to any work performed by Home Works Painting, Owner acknowledges and agrees to notify Home Works Painting in writing and then permit Home Works Painting or its agents to inspect the work complained of and make any necessary corrections and repairs in order to correct any deficiency that may exist in the work performed. The sole obligation of Home Works Painting in relation to any such claim is to repair or correct any such deficiencies at its own expense. The failure of Owner to permit Home Works Painting or its agents to make the necessary correction or repairs fully releases Home Works Painting or its agents from any and all liability in relation to the complained of work and renders any warranties, whether actual or implied, null and void. Under no circumstances shall Home Works Painting be responsible or liable for any indirect or consequential damages, and the Owner hereby waives any claims for such damages. Errors, Inconsistencies, or Omissions – Home Works Painting shall not be liable for any errors, inconsistencies, or omissions in the Customer Agreement documents. Home Works Painting shall be permitted time extensions and shall be compensated for delays and additional cost, including overhead and profit, associated with remedying such errors, inconsistencies or omissions as required. Full Agreement - This Customer Agreement contains the full understanding of the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous proposals, agreement, statements or representations, written or oral, between the parties with respect to such subject matter. Owner acknowledges and agrees that it is not relying on any representations of services to be supplied or provided by Home Works Painting or with respect to any other matter not specifically set forth herein. Governing Law - This Customer Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia. Headings - The headings of all paragraphs of this Customer Agreement are inserted for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Customer Agreement. Oral Agreement - If Home Works Painting commenced any part of the work provided for by this Customer Agreement under oral agreement prior to the execution of this Customer Agreement, this written Customer Agreement shall apply thereto in the same manner as if made before the work commenced. Notice - Any notice required or permitted to be sent under this Customer Agreement shall be mailed by registered mail, return receipt requested, or by Federal Express or other nationally recognized overnight delivery service, to the parties at the addresses noted on the face of this Customer Agreement. Notification addresses may be changed by notice. Release and Indemnity – Except as provided for above in the section captioned “OWNER RESPONSIBILITIES” and the subsection captioned “Clear Work Environment,” Home Works Painting agrees to assume all risk of loss and to indemnify and hold Owner harmless from and against any and all liabilities, demands, claims, suits, losses, damages, causes of action, fines or judgments, including legal cost incident thereto for injuries to persons (including death) and for loss of, damage to, or destruction of property (including property of Owner) arising from or in connection with this Customer Agreement unless caused in whole or in part by the negligence or willful misconduct of Owner or Owner’s agent or invitees. Severability - The invalidity or unenforceability of any portion or provision of this Customer Agreement shall in no way affect the validity or enforceability of any other portion or provisions hereof. Any invalid or unenforceable portion or provision shall be severed from this Customer Agreement and the balance of the Customer Agreement shall be construed and enforced as if the Customer Agreement did not contain such invalid or unenforceable portion or provision.

CONTRACTUAL DETAILS. Altering Agreement - No modification of this Customer Agreement, and no authorization for extra or additions or for eliminations or changes, shall be binding on Home Works Painting, unless it is in writing and signed by a duly authorized representative of Home Works Painting. Assignment - Neither party shall assign this Customer Agreement without the prior written consent of the other party. Binding - This Customer Agreement shall ensue to the benefit of and be binding upon the parties hereto and their respective heirs, executors, administrators, successors, and permitted assigns. Cancellation by Home Works Painting – Home Works Painting may cancel this Customer Agreement at its sole discretion at any time prior to the commencement of work. If cancellation occurs after work commences, Owner acknowledges and agrees to abide by the TERMINATION BEFORE SUBSTANTIAL COMPLETION POLICY as defined below. Cancellation by Owner Before Work Begins - Owner may cancel this Customer Agreement at any time prior to midnight of the third business day after the date of this Customer Agreement. Thereafter, Owner shall immediately return to Home Works Painting any materials or equipment of Home Works Painting left on the Owner's site. In the event of cancellation before commencement of work, but after the three (3) days, Owner agrees to pay to Home Works Painting 20% of the Contract amount as liquidated damages and not as a penalty. If cancellation occurs after the three (3) days, but within five (5) days of the scheduled start date, Owner agrees to pay to Home Works Painting 33% of the of the Contract amount as stated on the front of this Customer Agreement as liquidated damages and not as a penalty. Home Works Painting may waive the 20% or 33% cancellation fee at its sole discretion. If cancellation occurs at any time after receiving a Color Consultation, as defined above, the Owner agrees to pay an additional cancellation charge of $200.00. In the event of cancellation before work begins, but after the three (3) days set out above in this section, Owner agrees to reimburse Home Works Painting for any actual expenses incurred relating to the cancelled Customer Agreement including materials purchased, work performed in anticipation of project commencement, and drive time related to the project. Home Works Painting shall not be obligated to return any materials to the Owner in the event of cancellation. If cancellation occurs after work commences, Owner acknowledges and agrees to abide by the TERMINATION BEFORE SUBSTANTIAL COMPLETION POLICY as defined below. Compliance with Laws - Home Works Painting shall act as an independent contractor insofar as the performance of services hereunder is concerned. To that end, Home Works Painting shall employ and direct such personnel as it requires to perform said services, shall secure any and all permits that may be required in order to perform the services herein contemplated, shall exercise full and complete authority over its personnel, shall comply with all workers’ compensation, employer's liability and other federal, state county and municipal laws, ordinances, rules and regulations required of an employer performing services as herein contemplated. Damage/Deficiencies - If Owner makes or wishes to make a claim in relation to any work performed by Home Works Painting, Owner acknowledges and agrees to notify Home Works Painting in writing and then permit Home Works Painting or its agents to inspect the work complained of and make any necessary corrections and repairs in order to correct any deficiency that may exist in the work performed. The sole obligation of Home Works Painting in relation to any such claim is to repair or correct any such deficiencies at its own expense. The failure of Owner to permit Home Works Painting or its agents to make the necessary correction or repairs fully releases Home Works Painting or its agents from any and all liability in relation to the complained of work and renders any warranties, whether actual or implied, null and void. Under no circumstances shall Home Works Painting be responsible or liable for any indirect or consequential damages, and the Owner hereby waives any claims for such damages. Errors, Inconsistencies, or Omissions – Home Works Painting shall not be liable for any errors, inconsistencies, or omissions in the Customer Agreement documents. Home Works Painting shall be permitted time extensions and shall be compensated for delays and additional cost, including overhead and profit, associated with remedying such errors, inconsistencies or omissions as required. Full Agreement - This Customer Agreement contains the full understanding of the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous proposals, agreement, statements or representations, written or oral, between the parties with respect to such subject matter. Owner acknowledges and agrees that it is not relying on any representations of services to be supplied or provided by Home Works Painting or with respect to any other matter not specifically set forth herein. Governing Law - This Customer Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia. Headings - The headings of all paragraphs of this Customer Agreement are inserted for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Customer Agreement. Oral Agreement - If Home Works Painting commenced any part of the work provided for by this Customer Agreement under oral agreement prior to the execution of this Customer Agreement, this written Customer Agreement shall apply thereto in the same manner as if made before the work commenced. Notice - Any notice required or permitted to be sent under this Customer Agreement shall be mailed by registered mail, return receipt requested, or by Federal Express or other nationally recognized overnight delivery service, to the parties at the addresses noted on the face of this Customer Agreement. Notification addresses may be changed by notice. Release and Indemnity – Except as provided for above in the section captioned “OWNER RESPONSIBILITIES” and the subsection captioned “Clear Work Environment,” Home Works Painting agrees to assume all risk of loss and to indemnify and hold Owner harmless from and against any and all liabilities, demands, claims, suits, losses, damages, causes of action, fines or judgments, including legal cost incident thereto for injuries to persons (including death) and for loss of, damage to, or destruction of property (including property of Owner) arising from or in connection with this Customer Agreement unless caused in whole or in part by the negligence or willful misconduct of Owner or Owner’s agent or invitees. Severability - The invalidity or unenforceability of any portion or provision of this Customer Agreement shall in no way affect the validity or enforceability of any other portion or provisions hereof. Any invalid or unenforceable portion or provision shall be severed from this Customer Agreement and the balance of the Customer Agreement shall be construed and enforced as if the Customer Agreement did not contain such invalid or unenforceable portion or provision. Termination Before Substantial Completion Policy – In the event either Owner or Home Works Painting desires to terminate this Customer Agreement after work has commenced, but prior to achieving SUBSTANTIAL COMPLETION as defined below, Owner shall immediately, upon receipt of invoice from Home Works Painting, make payment to Home Works Painting for all work completed, for losses sustained by Home Works Painting for materials, equipment, tools, machinery, for the loss of the overhead costs and anticipated profit that Home Works Painting would have made upon completion of the work in accordance with the Customer Agreement. Calculations concerning work performed including drive time will be calculated at Home Works Painting sole discretion. In the event Owner fails to pay the balance owed within five (5) days of receipt of invoice from Home Works Painting, Home Works Painting may proceed to collect such payment in any manner provided for herein. Time Limitation - Any action against Home Works Painting whether under the Customer Agreement or relating to the subject matter of this Customer Agreement, must be commenced within two years after the date of Substantial Completion as defined herein. Time of the Essence - Time is of the essence with this Customer Agreement.

CONTRACTUAL DETAILS. Altering Agreement - No modification of this Customer Agreement, and no authorization for extra or additions or for eliminations or changes, shall be binding on Home Works Painting, unless it is in writing and signed by a duly authorized representative of Home Works Painting. Assignment - Neither party shall assign this Customer Agreement without the prior written consent of the other party. Binding - This Customer Agreement shall ensue to the benefit of and be binding upon the parties hereto and their respective heirs, executors, administrators, successors, and permitted assigns. Cancellation by Home Works Painting – Home Works Painting may cancel this Customer Agreement at its sole discretion at any time prior to the commencement of work. If cancellation occurs after work commences, Owner acknowledges and agrees to abide by the TERMINATION BEFORE SUBSTANTIAL COMPLETION POLICY as defined below. Cancellation by Owner Before Work Begins - Owner may cancel this Customer Agreement at any time prior to midnight of the third business day after the date of this Customer Agreement. Thereafter, Owner shall immediately return to Home Works Painting any materials or equipment of Home Works Painting left on the Owner's site. In the event of cancellation before commencement of work, but after the three (3) days, Owner agrees to pay to Home Works Painting 20% of the Contract amount as liquidated damages and not as a penalty. If cancellation occurs after the three (3) days, but within five (5) days of the scheduled start date, Owner agrees to pay to Home Works Painting 33% of the of the Contract amount as stated on the front of this Customer Agreement as liquidated damages and not as a penalty. Home Works Painting may waive the 20% or 33% cancellation fee at its sole discretion. If cancellation occurs at any time after receiving a Color Consultation, as defined above, the Owner agrees to pay an additional cancellation charge of $200.00. In the event of cancellation before work begins, but after the three (3) days set out above in this section, Owner agrees to reimburse Home Works Painting for any actual expenses incurred relating to the cancelled Customer Agreement including materials purchased, work performed in anticipation of project commencement, and drive time related to the project. Home Works Painting shall not be obligated to return any materials to the Owner in the event of cancellation. If cancellation occurs after work commences, Owner acknowledges and agrees to abide by the TERMINATION BEFORE SUBSTANTIAL COMPLETION POLICY as defined below. Compliance with Laws - Home Works Painting shall act as an independent contractor insofar as the performance of services hereunder is concerned. To that end, Home Works Painting shall employ and direct such personnel as it requires to perform said services, shall secure any and all permits that may be required in order to perform the services herein contemplated, shall exercise full and complete authority over its personnel, shall comply with all workers’ compensation, employer's liability and other federal, state county and municipal laws, ordinances, rules and regulations required of an employer performing services as herein contemplated. Damage/Deficiencies - If Owner makes or wishes to make a claim in relation to any work performed by Home Works Painting, Owner acknowledges and agrees to notify Home Works Painting in writing and then permit Home Works Painting or its agents to inspect the work complained of and make any necessary corrections and repairs in order to correct any deficiency that may exist in the work performed. The sole obligation of Home Works Painting in relation to any such claim is to repair or correct any such deficiencies at its own expense. The failure of Owner to permit Home Works Painting or its agents to make the necessary correction or repairs fully releases Home Works Painting or its agents from any and all liability in relation to the complained of work and renders any warranties, whether actual or implied, null and void. Under no circumstances shall Home Works Painting be responsible or liable for any indirect or consequential damages, and the Owner hereby waives any claims for such damages. Errors, Inconsistencies, or Omissions – Home Works Painting shall not be liable for any errors, inconsistencies, or omissions in the Customer Agreement documents. Home Works Painting shall be permitted time extensions and shall be compensated for delays and additional cost, including overhead and profit, associated with remedying such errors, inconsistencies or omissions as required. Full Agreement - This Customer Agreement contains the full understanding of the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous proposals, agreement, statements or representations, written or oral, between the parties with respect to such subject matter. Owner acknowledges and agrees that it is not relying on any representations of services to be supplied or provided by Home Works Painting or with respect to any other matter not specifically set forth herein. Governing Law - This Customer Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia. Headings - The headings of all paragraphs of this Customer Agreement are inserted for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Customer Agreement. Oral Agreement - If Home Works Painting commenced any part of the work provided for by this Customer Agreement under oral agreement prior to the execution of this Customer Agreement, this written Customer Agreement shall apply thereto in the same manner as if made before the work commenced. Notice - Any notice required or permitted to be sent under this Customer Agreement shall be mailed by registered mail, return receipt requested, or by Federal Express or other nationally recognized overnight delivery service, to the parties at the addresses noted on the face of this Customer Agreement. Notification addresses may be changed by notice. Release and Indemnity – Except as provided for above in the section captioned “OWNER RESPONSIBILITIES” and the subsection captioned “Clear Work Environment,” Home Works Painting agrees to assume all risk of loss and to indemnify and hold Owner harmless from and against any and all liabilities, demands, claims, suits, losses, damages, causes of action, fines or judgments, including legal cost incident thereto for injuries to persons (including death) and for loss of, damage to, or destruction of property (including property of Owner) arising from or in connection with this Customer Agreement unless caused in whole or in part by the negligence or willful misconduct of Owner or Owner’s agent or invitees. Severability - The invalidity or unenforceability of any portion or provision of this Customer Agreement shall in no way affect the validity or enforceability of any other portion or provisions hereof. Any invalid or unenforceable portion or provision shall be severed from this Customer Agreement and the balance of the Customer Agreement shall be construed and enforced as if the Customer Agreement did not contain such invalid or unenforceable portion or provision.

CONTRACTUAL DETAILS. Altering Agreement - ­ No modification of this Customer Agreement, and no authorization for extra or additions or for eliminations or changes, shall be binding on Home Works Painting, unless it is in writing and signed by a duly authorized representative of Home Works Painting. Assignment - ­ Neither party shall assign this Customer Agreement without the prior written consent of the other party. Binding - ­ This Customer Agreement shall ensue to the benefit of and be binding upon the parties hereto and their respective heirs, executors, administrators, successors, and permitted assigns. Cancellation by Home Works Painting – Home Works Painting may cancel this Customer Agreement at its sole discretion at any time prior to the commencement of work. If cancellation occurs after work commences, Owner acknowledges and agrees to abide by the TERMINATION BEFORE SUBSTANTIAL COMPLETION POLICY as defined below. Cancellation by Owner Before Work Begins - ­ Owner may cancel this Customer Agreement at any time prior to midnight of the third business day after the date of this Customer Agreement. Thereafter, Owner shall immediately return to Home Works Painting any materials or equipment of Home Works Painting left on the Owner's site. In the event of cancellation before commencement of work, but after the three (3) days, Owner agrees to pay to Home Works Painting 20% of the Contract amount as liquidated damages and not as a penalty. If cancellation occurs after the three (3) days, but within five (5) days of the scheduled start date, Owner agrees to pay to Home Works Painting 33% of the of the Contract amount as stated on the front of this Customer Agreement as liquidated damages and not as a penalty. Home Works Painting may waive the 20% or 33% cancellation fee at its sole discretion. If cancellation occurs at any time after receiving a Color Consultation, as defined above, the Owner agrees to pay an additional cancellation charge of $200.00. In the event of cancellation before work begins, but after the three (3) days set out above in this section, Owner agrees to reimburse Home Works Painting for any actual expenses incurred relating to the cancelled Customer Agreement including materials purchased, work performed in anticipation of project commencement, and drive time related to the project. Home Works Painting shall not be obligated to return any materials to the Owner in the event of cancellation. If cancellation occurs after work commences, Owner acknowledges and agrees to abide by the TERMINATION BEFORE SUBSTANTIAL COMPLETION POLICY as defined below. Compliance with Laws - ­ Home Works Painting shall act as an independent contractor insofar as the performance of services hereunder is concerned. To that end, Home Works Painting shall employ and direct such personnel as it requires to perform said services, shall secure any and all permits that may be required in order to perform the services herein contemplated, shall exercise full and complete authority over its personnel, shall comply with all workers’ compensation, employer's liability and other federal, state county and municipal laws, ordinances, rules and regulations required of an employer performing services as herein contemplated. Damage/Deficiencies - ­ If Owner makes or wishes to make a claim in relation to any work performed by Home Works Painting, Owner acknowledges and agrees to notify Home Works Painting in writing and then permit Home Works Painting or its agents to inspect the work complained of and make any necessary corrections and repairs in order to correct any deficiency that may exist in the work performed. The sole obligation of Home Works Painting in relation to any such claim is to repair or correct any such deficiencies at its own expense. The failure of Owner to permit Home Works Painting or its agents to make the necessary correction or repairs fully releases Home Works Painting or its agents from any and all liability in relation to the complained of work and renders any warranties, whether actual or implied, null and void. Under no circumstances shall Home Works Painting be responsible or liable for any indirect or consequential damages, and the Owner hereby waives any claims for such damages. Errors, Inconsistencies, or Omissions – Home Works Painting shall not be liable for any errors, inconsistencies, or omissions in the Customer Agreement documents. Home Works Painting shall be permitted time extensions and shall be compensated for delays and additional cost, including overhead and profit, associated with remedying such errors, inconsistencies or omissions as required. Full Agreement - ­ This Customer Agreement contains the full understanding of the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous proposals, agreement, statements or representations, written or oral, between the parties with respect to such subject matter. Owner acknowledges and agrees that it is not relying on any representations of services to be supplied or provided by Home Works Painting or with respect to any other matter not specifically set forth herein. Governing Law - ­ This Customer Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia. Headings - ­ The headings of all paragraphs of this Customer Agreement are inserted for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Customer Agreement. Oral Agreement - ­ If Home Works Painting commenced any part of the work provided for by this Customer Agreement under oral agreement prior to the execution of this Customer Agreement, this written Customer Agreement shall apply thereto in the same manner as if made before the work commenced. Notice - ­ Any notice required or permitted to be sent under this Customer Agreement shall be mailed by registered mail, return receipt requested, or by Federal Express or other nationally recognized overnight delivery service, to the parties at the addresses noted on the face of this Customer Agreement. Notification addresses may be changed by notice. Release and Indemnity – Except as provided for above in the section captioned “OWNER RESPONSIBILITIES” and the subsection captioned “Clear Work Environment,” Home Works Painting agrees to assume all risk of loss and to indemnify and hold Owner harmless from and against any and all liabilities, demands, claims, suits, losses, damages, causes of action, fines or judgments, including legal cost incident thereto for injuries to persons (including death) and for loss of, damage to, or destruction of property (including property of Owner) arising from or in connection with this Customer Agreement unless caused in whole or in part by the negligence or willful misconduct of Owner or Owner’s agent or invitees. Severability - ­ The invalidity or unenforceability of any portion or provision of this Customer Agreement shall in no way affect the validity or enforceability of any other portion or provisions hereof. Any invalid or unenforceable portion or provision shall be severed from this Customer Agreement and the balance of the Customer Agreement shall be construed and enforced as if the Customer Agreement did not contain such invalid or unenforceable portion or provision.