AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE TOTAL FEES PAID BY YOU TO HANDYMAN CONNECTION DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE. A. The craftsperson doing this work (the “Craftsperson”) is not authorized to make representations or agreements other than those set forth herein in writing and any such representations or agreements by the Craftsperson are hereby disclaimed by Handyman Connection. All service estimates are valid for thirty (30) days from the date of the proposal. If the Craftsperson terminates his/her association with the Company or becomes unavailable before work is started, either the Customer or the Company may cancel the contract. If the Customer cancels the contract after materials have been purchased, the Customer will be responsible for paying for the materials in full. B. If the materials are to be supplied by the Customer and the materials are not at the jobsite on the scheduled day/time for work to start, the Craftsperson may adjust the contract price and add additional fees and/or charges for his/her lost time. C. All changes to the scope of the work on this contract shall be in writing, dated and signed by the Customer and Craftsperson.
The Customer agrees to pay for all work performed. Any services performed outside the scope of this contract are void and the Company will not be responsible for or provide any type of warranty in connection with such services. D. The Customer may supply all materials or ask the Craftsperson to select and deliver materials to the jobsite. If the Customer supplies the materials or directs the Craftsperson to buy specific materials, THE CUSTOMER ASSUMES THE RESPONSIBILITY FOR ALL ASPECTS OF THE MATERIALS, INCLUDING BUT NOT LIMITED TO HUE, TEXTURE, STYLE AND QUALITY. THE COMPANY PROVIDES NO WARRANTY FOR MATERIALS AND NO REIMBURSEMENT FOR MATERIALS WILL BE MADE TO THE CUSTOMER UNDER ANY CIRCUMSTANCES. SHOULD THE MATERIALS FAIL TO PERFORM PROPERLY, THE CUSTOMER AGREES TO PAY THE COMPANY FOR ALL WORK PERFORMED TO REMOVE, AND/OR REPLACE THE DEFECTIVE MATERIALS.
Manufacturer warranties may be available and can be obtained directly from the supplier/manufacturer. The Company is not responsible for supplier/manufacturer warranties. E. The Customer is solely responsible for and will obtain, arrange, and pay for all permits, licenses and inspections required for work on this contract. F. The Customer is responsible to notify the Company and Craftsperson of the presence of any hazardous materials, such as asbestos, lead, mold, etc. Failure to do so, even if the Customer was not aware of the hazardous materials, is grounds for terminating the contract or modifying the same. If terminated as a result of the discovery of hazardous materials, the
Customer remains responsible for any removal or modification of such hazardous materials, and the Customer remains responsible for payment of the portion of work actually performed. HANDYMAN CONNECTION WILL NOT BE RESPONSIBLE FOR ANY MOLD AND/OR MOLD DAMAGE, OR LIABILITY FOR CONSEQUENTIONAL DAMAGES IN CONNECTION WITH ANY MOLD AND/OR MOLD DAMAGE. G. The Customer agrees to make complete payment to Handyman Connection at the completion of work. The Customer's signature in the designated "Customer Approval" area on the other side of this agreement indicates completion and acceptance of all work defined on the contract.
H. The terms of the guarantee are shown at the bottom of this page. The guarantee is for service only and does not cover materials associated with the work. Incomplete payments for any reason(s) nullify the guarantee and/or warranty. Warranty repairs do not exceed the original one-year guarantee. THERE ARE NO OTHER GUARANTEES EXPRESSED OR IMPLIED, AND THERE IS NO LIABILITY FOR CONSEQUENTIAL DAMAGES OF ANY NATURE OR KIND. THIS CONTRACT AND THE GUARANTEE ARE NOT TRANSFERABLE.
I. The Customer is advised and understands that performance of this work is subject to the existing conditions and the typical limitation of repairs for matching paint, texture, stain, or other existing conditions. The Craftsperson will take ordinary trade practice efforts to achieve a reasonable match as permitted by existing conditions; however an exact match is not promised or guaranteed. The Customer is responsible for payment for additional work associated with any unforeseen, hidden, and/or latent conditions or circumstances. J. THERE IS NO WARRANTY COVERAGE FOR WORK PERFORMED ON PROPERTY USED AS RENTAL AND/OR INCOME PROPERTY. THERE IS NO WARRANTY COVERAGE ON ANY WASTE LINE CLEARING, DRYWALL CRACK REPAIRS AND/OR FOUNDATION SHIFTING. PLUMBING IS ONLY GUARANTEED FOR 30 DAYS.
K. The Company may terminate this contract immediately for any breach of the terms contained in this agreement. Should this contract be terminated for any reason, the Customer agrees to pay for all services performed, whether completed or not, up to the day of termination.
L. THE CRAFTSPERSON DOING THIS WORK IS NOT AUTHORIZED TO MAKE ANY REPRESENTATIONS OR AGREEMENTS OTHER THAN THOSE SET FORTH HEREIN IN WRITING AND ANY SUCH REPRESENTATIONS ARE HEREBY DISCLAIMED. IF THE WORK ORDERED IS NOT STARTED BY THE PROMISED DATE, HANDYMAN CONNECTION MUST OFFER YOU THE CHOICE OF (1) CANCELLING YOUR ORDER WITH A PROMPT, FULL REFUND OF ANY PAYMENTS YOU HAVE MADE, OR (2) ACCEPTING A LATER STARTING DATE. ALL MANUFACTURERS' WARRANTIES WILL BE SUPPLIED AT THE CUSTOMER’S REQUEST. ALL AMENDMENTS TO THE TERMS OF THIS CONTRACT SHALL BE IN WRITING, DATED AND SIGNED BY THE CRAFTSPERSON AND THE CUSTOMER. THE CUSTOMER WILL OBTAIN ALL NECESSARY BUILDING PERMITS
