contract — Remy Properties & Investments, LLC

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Remy Properties and Investments, LLC

Contract for services and policy agreement

Address of work performed: ________________________________________________

Logistics

Contractor and associated subcontractors shall be permitted to work between the hours of 8 AM and 5 PM Monday through Saturday. Any additional hours outside of these are at the discretion of the homeowner and by permission only. Contractors and subcontractors will utilize restrooms offsite as needed, unless specific consent is given by the homeowner. Smoking is only allowed off the property. Under no circumstances are any workers permitted to consume or be under the influence of alcohol or drugs at any time during working hours on the property. Unless otherwise arranged, materials will be delivered to the front of the house and moved to the designated side yard within a reasonable time, where they can be stored until installation. All debris and trash shall be removed from the front and rear yards at the end of each working day.

Warranty & Liability

Remy Properties serves as general contractor and works with subcontractors who typically provide warranties for their work and materials. Remy Properties guarantees any and all work provided by Adam Gemoets personally, as well as all work provided by any other member of Remy Properties LLC. All manufacturer warranties and any warranties provided by sub-contractors or vendors will convey to the homeowner in accordance with the terms of that warranty or provider. Remy Properties does not extend any warranty or guarantees on behalf of subcontractors and assumes no liability for any work, nor assumes any liability for any person performing work on the property, except as otherwise stated above. Any warranties extended to the client do not apply to improper maintenance, deterioration due to normal wear and tear, or damage caused by the homeowner or acts of God. Live plants such as trees, bushes and sod, are only guaranteed for 30 days following the date of installation. Live plant warranty is only valid if the client or other occupant adheres to recommended watering guidelines, and there is no physical damage from causes such as pets, mis-handling, replanting, or any other visible signs of physical contact. Please refer to the attached warranty inclusions and exclusions for details on terms and conditions regarding the warranty on our products and services

Remy Properties and Investments carries separate insurance as well as many of its subcontractors and affiliates. Homeowners should consult their homeowners insurance to confirm their coverage accounts for any concerns of liability.

Scope of work details

Carpet: Color can be selected from standard Tesla Ambrosia/Mohawk Thriller product options, available to preview at most Carpet Exchange locations. Carpet quote is always subject to change following confirmation of square footage by the Remy Properties carpet installer. All personal belongings, furniture, and other an attached items in the locations designated for carpet replacement shall be moved prior to the start of installation.

Paint: while every effort is made to get an exact paint match to the existing color, we cannot guarantee an exact match due to fading, sheen, and differences between paint brands. Remy Properties uses Sherwin-Williams paint, which matches paint to be as identical as possible, the homeowner is permitted to purchase paint at their expense in the event that a different product is desired. All personal belongings, furniture, and any other items on the walls shall be removed baby homeowner prior to the start a painting, or additional charges will be assessed.

Seller incentive package & other discounts are applicable only when all items on estimate are agreed to and payment is received as agreed upon.

A deposit shall be received by Remy properties prior to the commencement of any work, as identified on the estimate. The final balance shall be paid upon completion of all items agreed to on the estimate, unless otherwise agreed in writing by both parties.

All terms and items on estimate are agreed to by all parties.

Work is scheduled, but not guaranteed, to commence on: (Date) _________________

Scope of work and job details:

___________________________________________________________________________________________

Homeowner or authorized agent: Name: __________________________________

Signature: _____________________________________ Date: ______________

Attachment 1 to Remy Properties & Investments, LLC “Job Contract”

All Remy Properties jobs include a warranty, subject to the following inclusions and exclusions for any warranty on our services. By signing this contract, you understand the the warranty has the following conditions:

Waives all implied warranties of merchantability, fitness for a particular purpose, habitability, and UCC implied warranties.
The warranty is void unless the owner gives the contractor access to the property and the right to fix the problem before hiring someone else at a higher cost.
The work is not guaranteed to be perfect, but only to be reasonable—defined as workmanship within industry tolerances. Gives you a better chance of getting the full value on a mechanics lien.
There is no liability for defective materials, equipment, or appliances—the only remedy is to go against the warranty of the manufacturer or supplier.
The warranty is void unless notification is given in writing, which states the particulars of the problem.
Limits the amount of possible damages for defective work to 150% of the cost to repair. Since it is common today to sue for thousands of dollars above the cost to repair for consequential damages, this will help limit the exposure.
Limits the time to bring a lawsuit (in which you would counter with a mechanic’s lien foreclosure cross-complaint) the amount of damages for defective workmanship or materials to the lower cost to repair or replace under warranty theory, as opposed to the higher tort or breach of contract theory. This is a significant protection if approved by a judge.
Requires the owner to notify the contractor within 60 days of knowledge of a problem. To be covered, the physical signs of the problem must be observable and have started to cause damage before the one-year period expires.
It is the contractor’s option to either repair or replace.
Work is to be done within a reasonable period of time during normal working hours, which can be extended based on weather, availability of materials, etc.
The contractor is required to repair or replace only the specific part which is defective, and not other non-defective components or the surrounding area.
Makes sure the one year warranty starts as early as possible. In this case it would be the earlier of the acceptance through the building inspection department or occupancy of the owner. Eliminates the longer periods of when the project has been “accepted” or fully paid, since many times this is too vague, drags out the warranty, or even makes it an indefinite period.
A responsible adult must be present to have authority and accept the corrective work.
If the owner is required to purchase and install more valuable materials than originally provided in the contract in order to correct any defects, the owner may not recover the extra value of such better material.
Important: Waives all damages other than the obligation to repair or replace, including: incidental, indirect, special, consequential, secondary, or punitive damages; loss of use; diminution in value; rental costs; moving costs; delay in occupancy; construction, mortgage, loan, or line of credit interest charges; mortgage interest rate increases; lost profits or income; medical costs; damages for mental distress, aggravation, personal injury; or pain and suffering.
There is no liability for a defective products or materials, even if the contractor gives the owner or general contractor a copy of a brochure or product literature.
If the owner or architect specifies a particular material, they will be responsible for any such product defects.
There will be no liability for latent product defects, namely problems that are not readily observable at the time of installation or initial stages of occupancy.

Important exclusions as follows:

1. Damage or defects caused by the failure to maintain any item or keep it in good working order.
2. As a result of unforeseen site conditions occurring beyond contractor’s control.
3. Damage resulting from fire, freezing, storms, electrical malfunction or surge, lightening, earthquake, pest damage, acts of God, or other unforeseen causes or accidents.
4. Damage from alterations, misuse, or abuse by any person; ordinary wear and tear; or problems caused by lack of maintenance.
5. Damage resulting from failure to observe any operation instructions furnished at the time of installation.
6. Any item furnished, installed, modified, altered, or repaired by any other person other than contractor.
7. Any appliance, piece of equipment, material, or other item that is a consumer product under the Magnuson-Moss Warranty Act, 15 U.S. Code, ‘2301 et. seq.
8. The warranty is not valid unless the contract is paid in full.
9. Any loss, injury, or damage attributable to the subsidence or movement of land as a result of landslide, mud flow, flooding, water infiltration or damage, earth sinking or shifting, or expanding or contracting.
10. Bodily injury or property damage relating to pollutants or toxics.
11. Conditions resulting from condensation on, expansion of, or contraction of materials.
12. Problems which arise in an attempt to match existing materials. There
are limitations inherent in the matching of existing materials such as stucco, drywall, paint, wood, tile, flooring, concrete, and the like. Exact duplication in matching, texture, and color will not be guaranteed. Variations within industry tolerances will be considered acceptable.
13. Pre-existing conditions of the structure or its components.
14. The contractor’s statements of opinion, comments, affirmation of value or functionality, product descriptions, or instruction for use, of the work or materials furnished, shall not be considered a warranty.
15. Problems associated with the owner or its agents (architect or engineer) failing to provide an adequate design, plans, or specifications, or failing to exercise professional care.
16. Delays caused by factors beyond the control of the contractor. The owner warrants that work can be performed as called for by any owner-mandated schedule.
17. Delays due to the unavailability of material. The owner will warrant the commercial availability of any specified single source product.
18. Implied warranties derived from any course of dealing or usage in the trade.
19. If there are plans, specifications, or drawings by design professionals or the owner, those persons impliedly warrant that the resulting structure and its component’s will be suitable for the particular purpose for which they were intended. The same applies to substitute material approved by the owner.
20. The owner agrees to provide contractor, or it’s representative, access to the premises and the first opportunity of repairing or replacing any defective items. If contractor is not given that opportunity, any expenses incurred by another contractor will be at owner’s expense