BUYERS RIGHT TO CANCEL:
If the agreement is solicited at or near your residence and you do not want the goods or services, you may cancel the agreement by mailing a notice to the seller (Home Upgrader LLC). The notice must say you do not want the goods or services and must be mailed before midnight of the third business day after you sign the agreement. The notice must be mailed to Home Upgrader LLC, 2234 Crain Highway, Waldorf, MD 20601. If the buyer cancels within three business days of the date of the agreement the seller may not keep any of the buyer’s cash down payment. If the buyer cancels the contract after the third business day from the date of the transaction or at any time signing a buyer’s rights of recession of said contract, buyer agrees to pay and the company shall be entitled to receive as liquidated damages a sum of twenty-five percent (25%) of the entire contract price.
TERMS AND CONDITIONS:
1. All reference in the contract to “the company” or “company” shall mean Home Upgrader LLC .
2. It is agreed that in the event the customer prevents the company from commencing performance of the work, or having commenced said work, the customer refuses to permit the company to complete the same, then in such and event, the company shall received from the customer the reasonable value of labor, materials and overhead costs, but in no event below the company’s cost.
3. It is further agreed that all past due accounts are subject to a 2% per month service charge (24% annual). In the event this contract is not paid when due, the buyer will be liable to the company for all amount hereafter including cost of suit and all reasonable attorney’s fees.
4. The company shall not be liable for delays due to unforeseeable cause beyond the control of, and without the fault or negligence of the contractor, including Acts of GOD or the public, the homeowner’s action or inaction, fires, riots, civil disturbances, floods, strikes, transportation contingencies, freight embargoes, usually severe weather, and inability to obtain materials; furthermore the customer understands that such delays do not constitute abandonment and are not included in calculating time frames for payment or performance of work completed.
5. Price does not include hidden or unknown contingencies such as but not limited to concealed pipes, rotting or decay, inability to use existing water or water pipes; additional cost will be paid by the customer.
6. The company does not assume any responsibility for violations of building, electric, plumbing, or other municipal or government codes, ordinances, or regulations which may presently exist on the premises of the customer. Correction of all such violation, should they exist, are excluded from the agreement, and shall be the responsibility of the customer unless specifically provided herein.
7. The company is not responsible for unforeseen damages to premises, but not limited to construction dust, plaster, walls, paint, wallpaper, etc. during demolition of job.
8. The company is not responsible for painting unless specifically noted in the contract. Furthermore company not responsible for damage to paint or wallpaper caused by removal of masking tape or any other work performed.
9. Exterior caulking and interior caulking in bathtubs shower stalls, and ceramic tile surfaces will crack or bleed somewhat in the months after installation. These conditions are normal and should not be considered a problem. Any maintenance or repairs resulting from them are the homeowner’s responsibility.
10. Removing and reinstalling an existing shower door is not recommended and the company will not be responsible for damage to existing doors or door tracks, should such damage occur.
11. If the customer chooses to supply product for installation the customer will assume responsibility for any addition al labor and or materials required to complete said installation. There is no warranty given by the company on materials provided by the customer.
12. All work subject to company manager’s approval.
WARRANTIES:
13. The company provides the following LIMITED WARRANTIES on workmanship and materials furnished as, specified in the contract.
All labor is warranted for one year except where specified from the date of installation. All material is covered by a manufacturer’s warranty. Should a defect appear, the company will make or will cause to be made such repairs or replacement at its option, to restore the affected part (s) to an acceptable level at no cost to the customer for labor only.
This warranty does not apply to any damages or loss resulting from lightening, fire, tornado, windstorm, flood, explosion, misuse or abuse, failure of homeowner to take immediate steps to protect the building and its contents from damage whenever conditions dictate, failure of structural walls of base materials not installed by company over which furnished materials are installed or condition beyond the control of the company.
LIMITED REFINISHING WARRANTY:
All work warranted for a period of tow (2) years against peeling or flaking. Company cannot be responsible for any unforeseen plumbing related problems. This warranty will not apply to customer damage or abuse, faulty plumbing fixtures, the usage of bath mates (alternative is “Safety Tread” surface application), or usage of unit prior to curing time (72 hours when not baked). Under air drying conditions, customer is responsible for removal of making paper and tape and the re installation of overflow plate. There is no warranty on kitchen sinks, soap dishes, individual chip repair or rusting. Customer is to notify company if surface is chipped or damaged, for repair and resealing. Soap and shampoo bottles should be placed in proper receptacles. Keep bathtub clean to eliminate soap build-up. Please follow cleaning instructions.
THE ABOVE WARRANTIES ARE PERSONAL TO YOU AND ARE NOT TRANSFERALBE TO ANY SUBSEQUENT OWNER OF THE PREMISES.
In order to obtain performance of any of the above warranty obligations, the customer must contact the company in writing or by phone at the address above and advise the company of the defects or problems at the earliest possible date and before the warranty period expires.
THE FOREGOING LIMITED WARRANTY IS THE SOLE WARRANTY PROVIDED BY THE COMPANY AND IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESSED OR IMPLIED INCLUDING, WITHOUT LIMITATIONS, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
No work will be done under the terms of these warranties if the customer is delinquent in payments required by the basic contract.
This warranty gives you specific legal rights which vary from state to state.
Sales representatives have copies of manufacturer’s warranties available for customer inspection prior to your entering the contract, and they will be provided to the customer upon completion of the contract.
14. Tile and other bathroom products are fashion products and dye lots change. Additional matching material may not be available after completion of our project. The company will supply “as close as possible” matches, (at company’s discretion) should warranty work be necessary.
15. No deposit in excess of 33% of the contract price may be accepted at the time of the contract in the State of Maryland.
16. Should any payment by check be received with any inscription thereon stating that the particular payment is full on this account, and there be a dispute as to whether or not this checks represents payment in full then such inscription on check shall have no force or effect and payment shall be credited as any other payment.
17. Substantial completion of the job will occur when the plumbing fixtures are in working condition. Changes made by the customer may affect final completion, but will be deemed not to affect substantial completion. Shower doors will be installed after substantial completion.
18. State of Maryland requires that all home improvement contractors and subcontractors must be licensed by the Home Improvement Commission. Inquiries about a contractor should be transmitted to the Home Improvement Commission. Telephone 410.230.6309.
19. Workmen’s Compensation and Public Liability Insurance are provided, but the company agrees to execute all necessary papers or forms to enable company to obtain payment of equipment, labor and material which should be involved pertaining to the contract.
20. The agreement sets forth the entire transaction between the parties. Any an all prior agreements, warranties, oral discussions, or representations made by either party are superseded by the agreement. Any changes made by you in the above specifications necessitation additional materials or labor shall not be covered or included in the contract, but shall be provided for only after execution of a written change or order signed by both parties. All change orders requested by the customer shall be in writing and subject to terms and conditions of the agreement. All materials not used in constructions are the property of the company.
21. Notice: Any holder of the consumer credit contract subject to all claims and defenses which the debtor could assert against the seller of the goods and services obtained pursuant hereto or with proceeds hereof. Recovery hereunder by the debtor shall not exceed amounts paid by the debtor hereunder.
INSTALLATION:
22. The company will install said and/or improvements in accordance with the contract. You authorized the company to periodically inspect installation. The company will use qualified mechanics to make all installation as required by local codes. You agree to pay the company the amount listed on the contract upon completion. Minor adjustments or services which may be required upon installations, are covered be warranties and shall not be constructed as failure to complete.