This Agreement is entered into by you the purchaser and Home Solutionz LLC, a limited liability company organized under the laws of the state of Arizona and d/b/a “Home Solutionz” and “Home Solutionz” (“Company”) and (”You”).
Agreement to Perform Work and Supply Materials. We shall fully perform the work and supply the materials described in the scope of work, and pursuant to the sales invoice provided to You, all architectural drawings and plans, engineering specifications, any other construction documents and all addenda provided to the Company by You prior to commencement of the work (“Work”), to be performed at the address listed on your Sales Invoice. All Work shall be performed and all materials supplied in conformity with the terms of this Agreement and strictly according to the Scope of Work contained in Sales Invoice and the construction documents provided to You.
Term for Commencement and Completion: The Company will commence Work on the date that Home Solutionz scheduler agrees with customer
Contract Sum, Materials & Automatic Billing: You agree to pay to the Company the following amounts at the following points of construction. The total price for all Materials and labor for the completion of the Work exclusive of sales order. The total Price shall be paid in phases. Initial deposit of all projects then final payment based on the completion of separate categories of Carpet, Laminate, LVT, LVP, VCT, Hardwood, Sand & Finish, Tile, Showers, Paint, Granite, ETC. Once category is complete. You will be auto billed to your credit card. If you are an HSS / Floor & Decor Customer they will collect deposit and final payments. If job is finished except for transitions or minor details that are on back order, etc. customer agrees to pay balance. Once product comes in “company” will come complete job. If “company” did not sell product to customer and the customer is short product the customer will pay final balance and company will come back when product gets in with an additional $150 service fee. You acknowledge and agree that we will automatically charge whatever form of payment you have given once your project is finished, unless you have made other terms with us. YOU AGREE THAT YOUR EXECUTION OF THIS AGREEMENT SHALL INDICATE YOUR IRREVOCABLE CONSENT AND AUTHORIZATION TO SUCH AUTOMATIC BILLING BY US AS STATED HEREIN. By providing your credit card or debit card information (or any other billing information), You hereby authorize us to charge all fees and any other amounts due under this Agreement according to the terms of this Agreement.
Measurements Disclaimer: If one our sales representatives incorrectly measures any item and we don’t order enough product to properly repair that item(s), You agree to pay for any missing materials that we have to subsequently order to complete the repair properly, notwithstanding any previous quote or estimate we may have provided to You before such error and that You, regardless on whether You have relied upon the same.
Collections: You agree to pay all amount(s) owed when such amount(s) are due under these terms. You agree that interest will accrue on all paste amounts at the rate of 18% per annum (1.5% per month) until paid in full. In the event any amount(s) is/are referred to a third party debt collection agency, You agree that in addition to any other amount(s) allowed for by law, (such as interest, court costs, reasonable attorney’s fees, etc.) You will also be responsible for a collection fee of up to 40% of the principal amount(s) owing. The terms of this paragraph shall apply to all amount(s) incurred by You or by any individual for whom You have legal responsibility whether such amount(s) are incurred today or after today.
Late / Charge-back Fees; Attorneys’ Fees: For any amount (a) not paid to the Company when due; or (b) paid by You via credit card which (i) the credit card issuer (the ‘issuer’) later rejects or refuses to pay, or (ii) the Company is later required to reimburse the issuer (each, a ‘charge-back’), then in each case, the Company reserves the right to charge and You agree to pay, in addition to the amount not paid, rejected or refused, a fee of 10% of such amount, or the highest rate allowed under applicable law, whichever is lower, and to pay interest on the overdue amount at the rate of 1.5% per month, or the highest rate allowed by applicable law, whichever is lower, until paid in full. In addition, You agree to pay all collection costs, including reasonable attorney’s fees, incurred by the Company in collecting any amounts that You owe to the Company, whether incurred before or after civil litigation is commenced.
Change Orders: Any extra work which is requested by the Company shall be performed only after “Change Orders” are agreed to and signed by both the Company and You. A Change Order may increase or decrease the price to be paid for completion of the Work, provided more or less time is needed to complete the Work or more or less materials are needed to complete the Work. When any Change Order increases the total Price of the Work to be paid by You, then such in case stemming from only added labor hours shall be paid by You on an hourly basis at the rate agreed to by the Company and You in writing, which will be done before the Company proceeds to perform any work the subject of any Change Order.
Inspections and Building Permits: You are responsible to pay exclusively for the cost of obtaining any permits, inspections and any required local, state or federal fees imposed directly or indirectly for the performance of the Work.
Limitations of Liability: You agree that our officer, members, managers, affiliates, agents, attorneys, successors, and / or assigns (as applicable) shall not be liable for any special, consequential, incidental or any other indirect damages including, but not limited to, any lost profits or revenues, lost data or lost goodwill or any other damages arising out of or relating to this agreement or the work. you agree that the company’s liability shall in all cases be limited to the price paid by you for the services performed by us the subject of the work in which any such damage or loss has occurred. We shall not be liable to you as stated herein regardless of the cause of any such damage or the nature of any claim, whether for breach of contract, by statute, for any tortuous conduct (including, without limitation, negligence and strict liability) or by any other legal theory, whether or not the company has been advised of the same. Accordingly, you agree to waive your rights under any laws that otherwise might limit your waiver of such claims.
Indemnification: You covenant and agrees that you will indemnify, defend, protect and hold harmless the Company and any of its officers, directors, shareholders, members, managers or agents from and against all claims, damages, liabilities, costs or expenses incurred by it/them as a result of or arising from: (a) any breach or non-fulfillment of any covenant or obligation on the part of You under this Agreement; and (b) any and all liability, damages, claims arising or incurred by the Company arising from this Agreement or the transactions contemplated herein due to any act or omission by you.
Arbitration: You agree to give up your rights to bring any claims relating to this agreement and / or your use of this website including the right to a jury trial and / or to initiate or participate in a class action lawsuit against us before a court of law or other legal tribunal and resolve all disputes or claims exclusively by arbitration. Except for actions to protect intellectual property rights and to enforce an arbitrator’s decision here-under, any and all claims, disputes or controversies of whatever kind and nature, whether preexisting, present or future between You and us, our agents, employees, principals, directors, officers, shareholders, members, managers, successors and assigns, to the extent applicable, arising from or relating to this Agreement, its interpretation or validity, shall be resolved exclusively by binding arbitration pursuant to the then-current rules of the American Arbitration Association (“AAA”) and shall be administered by the AAA. Notwithstanding the foregoing, to the extent You have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in state or federal court under the terms of this Agreement. Any arbitration proceeding shall be exclusively brought and heard in Mesa, Arizona. The arbitrator shall be authorized to grant any relief available under law or in equity and any award rendered shall be final and conclusive upon the parties, except that the arbitrator shall not be authorized to award punitive damages to either You or us. Any judgment may be entered in any court having jurisdiction and the arbitrator may award reasonable costs and fees, including reasonable attorney’s fees and all arbitration fees, to the prevailing party, notwithstanding the then current rules of the AAA. YOU AGREE THAT A WRITTEN NOTICE REQUESTING ARBITRATION MUST BE PROVIDED TO US WITHIN ONE (1) YEAR AFTER THE ACTS OR OCCURRENCES SUPPORTING SUCH A CLAIM, WITHOUT TOLLING FOR A FAILURE TO DISCOVER SUCH ACT OR OCCURRENCE. If You do not send a written notice to us within the requisite one (1) year period, You agree that any such claim (or claims) shall be waived and are hereby released by You and You shall be forever barred from asserting such claim (or claims) at any time after the expiration of such period.
Venue/Choice of Law: This Agreement shall be enforced, governed by and construed in accordance with the laws of the state of Arizona. The parties hereto mutually covenant and agree that any and all suits, claims, causes of action, interpretation of damages and any other judicial proceedings which may arise out of the performance of and/or enforcement of this agreement shall be instituted and maintained exclusively in any state or federal court situated in Mesa, Arizona. All parties hereto hereby agree, consent and submit to the personal jurisdiction of such court(s).
No partnership or Employment Relationship: Nothing in this Agreement shall be construed as establishing a partnership between the parties nor shall this Agreement prevent either party from participating in the same or similar activities as those the subject of this Agreement, either on behalf of himself or itself or any other party.
Counterparts: This Agreement may be executed in two or more counterparts, each of which, if bearing the signature of all parties, shall be deemed an original, or any two or more of which containing in the aggregate the signatures of all parties shall together constitute but one and the same instrument which shall be deemed an original. Any signature evidenced by facsimile or electronic transmission shall have the same force and effect as an original ink signature.
Waiver: The waiver by us of a breach of any provision of this Agreement by You shall not operate or be construed as a waiver of any other or subsequent breach by You.
Prior Dealings: No course of prior dealings between the parties and no usage of trade will be relevant to determine the meaning of or interpretation of any provision contained in this Agreement.
Survival: Any provisions in this Agreement which by their nature extend beyond the termination or expiration of any license to use the Services will remain in effect until fulfilled and will apply to both parties’ respective successors and permitted assigns.
Sever-ability in Event of Partial Invalidity: If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction, in whole or in part, to be invalid, illegal, or unenforceable in any respect, for any reason, the validity, legality and enforce ability of the remainder of that provision, any other remaining provisions, and of the entire Agreement shall not in any way be affected or impaired thereby, and shall be interpreted, to the extent possible, to achieve the purposes as originally expressed with the provision found to be invalid, illegal or unenforceable. Each provision hereof is intended to be sever-able, and the validity, legality, or enforce ability of any provision of this Agreement shall not affect the validity, legality, or enforce ability of the remainder of the Agreement
Force Majeure: We shall not be liable for any delay or failure in our performance under this Agreement due to Force Majeure, which shall mean acts of God, earthquake, labor disputes, changes in law, regulation or government policy, riots, war, fire, flood, insurrection, sabotage, embargo, epidemics, acts or omissions of vendors or suppliers, transportation difficulties, unavailability of interruption or delay in telecommunications or third party services, inability to obtain raw materials, supplies, or power used in or equipment needed to otherwise fulfill our obligations to You under this Agreement.
Assignment: This Agreement inures to the benefit of and is binding upon the parties and their successors and assigns. You may not assign, delegate or otherwise transfer all or any part of your rights or obligations under this Agreement without prior written consent by us. Any such attempted assignment, delegation, or transfer will be null and void.
Authority: If You are accepting these terms on behalf of another person or a legal entity including your business, You represent and warrant that You have full authority to bind that person, company, or legal entity to these terms and otherwise have authority to enter into this Agreement.
Entire Contract / No Prior Representations / Amendment: This is the entire Agreement between the Company and You. There is no representation, past or present, by contractor or any other person acting for You, which does not appear herein. You or Company may not amend this Agreement except by a written Change Order or written amendment executed by both parties