Terms and Conditions
This page contains our Website terms and conditions as well as our Home Improvement Agreement terms and conditions.
Website Terms and Conditions
Welcome to Need For Build Inc!
These terms and conditions outline the rules and regulations for the use of Need For Build’s Website, located at needforbuild.com.
By accessing this website we assume you accept these terms and conditions. Do not continue to use Need For Build if you do not agree to take all of the terms and conditions stated on this page. Our Terms and Conditions were created with the help of the Terms And Conditions Generator.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: “Client”, “You” and “Your” refers to you, the person log on this website and compliant to the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of Netherlands. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Unless otherwise stated, Need For Build and/or its licensors own the intellectual property rights for all material on Need For Build . All intellectual property rights are reserved. You may access this from Need For Build for your own personal use subjected to restrictions set in these terms and conditions.
You must not:
- Republish material from Need For Build
- Sell, rent or sub-license material from Need For Build
- Reproduce, duplicate or copy material from Need For Build
- Redistribute content from Need For Build
This Agreement shall begin on the date hereof.
Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. Need For Build does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of Need For Build,its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, Need For Build shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
Need For Build reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.
You warrant and represent that:
- You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
- The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
- The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
- The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
You hereby grant Need For Build a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.
Hyperlinking to our Content
The following organizations may link to our Website without prior written approval:
- Government agencies;
- Search engines;
- News organizations;
- Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
- System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.
We may consider and approve other link requests from the following types of organizations:
- commonly-known consumer and/or business information sources;
- dot.com community sites;
- associations or other groups representing charities;
- online directory distributors;
- internet portals;
- accounting, law and consulting firms; and
- educational institutions and trade associations.
We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Need For Build; and (d) the link is in the context of general resource information.
These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to Need For Build. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.
Approved organizations may hyperlink to our Website as follows:
- By use of our corporate name; or
- By use of the uniform resource locator being linked to; or
- By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.
No use of Need For Build’s logo or other artwork will be allowed for linking absent a trademark license agreement.
Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.
We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
Reservation of Rights
We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amen these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.
Removal of links from our website
If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.
We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:
- limit or exclude our or your liability for death or personal injury;
- limit or exclude our or your liability for fraud or fraudulent misrepresentation;
- limit any of our or your liabilities in any way that is not permitted under applicable law; or
- exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.
As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.
Home Improvement Agreement terms and conditions
While the above schedule of progress payments describes the type and amount of work or services scheduled to be supplied in each phase, the amount specified does not reflect the exact or actual cost of materials which may have already been purchased by Contractor, and/or labor which may have already been scheduled by Contractor, to be provided to Buyer. Thus, in the event of Buyer’s cancellation of this Agreement after commencement of work, Buyer shall not be entitled to a refund in the amount of a Progress Payment for Phases that have not yet commenced or that are partially completed. Buyer and Contractor agree that it is difficult to ascertain the extent to which Contractor will be damaged in the event of cancellation after commencement of services under this agreement due to scheduling of employees, purchasing of materials, and other ancillary and administrative work that must be done in the course of planning, managing, and providing of home improvement services. Buyer and Contractor therefore agree that a cancellation fee equal to 20% of the sum of all Phases that are yet to commence bears a reasonable relationship to the actual damages Contractor could anticipate as of the time the contract is executed in the event of cancellation by Buyer after work has commenced.
A full Progress Payment from Buyer to Contractor shall serve as affirmation by Buyer that the work performed during the Phase for which a full Progress Payment has been made was satisfactorily completed.
Buyer shall supply water, gas, sewer, and electrical utilities unless otherwise agreed to in writing. Electricity and water to the site are necessary. Buyer shall provide Contractor and all necessary employees, subcontractors, equipment, and materials with access to the Property. Buyer represents and warrants that Buyer has sufficient funds to comply with this agreement. This is a cash transaction unless otherwise specified. Buyer is responsible for removing and/or protecting any personal property. Throughout the course of the services provided under this Agreement, Contractor is not responsible for any loss or damage to personal property, carpets, drapes, furniture, driveways, lawns, shrubs, etc. Buyer shall point out and warrant the property lines to Contractor, and shall hold Contractor harmless for any disputes or errors in the property line or setback locations.
Adjustment of Start Date
In the event that Buyer requires a change to the approximate start date for any reason, Buyer shall notify Contractor at least ten (10) business days prior to the original Approximate Start Date.
ln the event Buyer provides notice of change in Approximate Start Date less than ten (10) business days prior to the original Approximate Start Date, a surcharge of 10% will be assessed to the Contract Price. If postponement occurs within five (5) days or less, a surcharge of 20% will be applied to the Contract Price. Contractor is not responsible for delays due to work performed by third-parties. Such delays will result in a 20% surcharge to the Contract price.
The Approximate Start Date and Approximate Completion Dates establish a “Project Timeframe” in which the project is to be completed (e.g., 30 days). Delays in project commencement shall have the effect of delaying the approximate completion date commensurately, while maintaining the Project Timeframe. Although the Project Timeframe constitutes Contractor’s fair and reasonable approximation, Buyer agrees to allow for up to two-weeks grace period within the Project Timeframe. Thus, Buyer agrees that so long as work is completed within the Project Timeframe + two weeks, then such work was completed on time.
Contractor shall start and diligently pursue work to completion but shall not be responsible for delays due to: failure of the issuance of all necessary building permits within a reasonable amount of time, funding of loans, disbursement of funds into control or escrow, acts of neglect or omission of Buyer or Buyer’s employees or Buyer’s agent, acts of God, stormy or inclement weather, strikes, lockouts, boycotts or other labor union activities, extra work ordered by Buyer, acts of public enemy, riots or civil commotion, inability to secure material through regular recognized channels, imposition of Government priority or allocation of materials, failure of Buyer to make payments when due, or delays caused by inspection or changes ordered by the inspectors of authorized Governmental bodies, or for acts of independent Contractors, or other causes beyond Contractor’s reasonable control.
In the event of a delay, for any reason, during a phase of construction for which a progress payment is due under the Schedule of Progress Payments, and progress on that phase is at least 50% complete, Buyer agrees to pay Contractor 50% of the Progress Payment due for that phase. Buyer shall pay Contractor the remaining 50% of the Progress Payment for that phase promptly upon the completion of that phase.
Plans and Specifications
If plans and specifications are prepared for this job, they shall be attached to and become a part of the Agreement. Contractor will obtain all required building permits. Buyer shall pay all costs for permits, assessments, charges required by public bodies and utilities, architecture, engineering, financing, or repaying the cost of sewers, storm drains, water service, other utilities, water hook-up charges, and the like.
Measurements, sizes, and shapes in plans and specifications are approximate and subject to field verification. Unless otherwise specified, all dimensions are exterior dimensions. 3D designs and renderings are approximations. Buyer agrees that actual results may vary from designs and renderings. In the event of a conflict between the plans, 3D renderings, blueprints, specifications, etc., and the Agreement, this Agreement shall prevail.
Contractor may subcontract portions of this work to properly licensed and qualified subcontractors.
Access to Property
Buyer hereby grants express permission to Contractor, its’ employees, subcontractors, suppliers, and any other representative as may be required, to access the Property and complete its obligations under this contract, between 6AM to 10PM of every day of the week, from commencement until completion. Throughout the course of work, Contractor shall have the right to post a sign on Buyer’s yard with the name of Contractor’s business and contact information. Upon commencement of services, it is agreed that work shall be continuous. Buyer agrees that any day (or portion thereof) that Contractor is denied access to the premises will result in costs that are difficult to measure, and as such Buyer agrees to reimburse Contractor such costs at rate of 10% of the total value of the contract per day.
Contractor may, at its own discretion, take pictures or videos pertaining to the various stages of the job using cameras, recording devices, or other digital means (“Media”). Contractor shall be the sole owner of the Media. Buyer hereby grants Contractor irrevocable permission to take and use such Media as it so chooses, including but not limited to: (a) Present such Media to potential or new clients; (b) Use the Media in flyers, brochures, websites, newspapers, magazines, shows, events and all other printed, digital or broadcasted media; and (c) Use the Media for any other purpose. During the course of the project, and for thirty (30) days thereafter, Buyer grants Contractor permission to use Buyer’s address in local marketing materials (e.g. door hangers), to notify neighbors of the project on the Buyer’s property.
Preparation of Property
For projects including work related to closets or cabinets, Buyer shall completely empty the contents of the closets or cabinets in order to allow Contractor to perform work without delay. For projects in which Buyer has done painting before installation of cabinets, Buyer shall remove existing shelves, poles and cleats; and patch and paint at least 48 hours before installation to ensure that all surfaces are dry and ready, and will not stain or damage the new cabinets.
When contracted work includes removal and reconnection of existing sinks, faucets, dishwasher, garbage disposal, microwave, water line, or other parts or equipment (“Old Parts”): (1) the re-connection of Old Parts shall depend solely on their condition, and Buyer hereby acknowledges that such re-connection may not be feasible due to poor condition, breakage, damage or any other condition which may not allow Contractor to perform the job properly. (2) Under no circumstances shall Contractor be held responsible for breakage, damages, or any other claim or condition pertaining to Old Parts, regardless of whether the alleged breakage, damage, or claim occurred during the removal or re-connection process, or thereafter. (3) Buyer acknowledges that Contractor strongly recommends the purchase of new parts, in lieu of the Old Parts. Buyer agrees and understands that the condition and/or performance of new parts are subject to their respective manufacturer’s warranty.
Towards completion of the work according to the Contract, Contractor’s representative(s) will tour the Property and list any damaged or incomplete components which are still required in order to finalize the work (“Punch List”). Buyer agrees and understands that any delays caused by Buyer in the completion of the work according to the Punch List, including failure to provide access to the Property, will impair Contractor’s ability to finalize the work. Buyer further agrees that any delays in the completion of the work according to the Punch List which are caused by Buyer, whether directly or indirectly, shall not delay the performance of Buyer’s obligations under this Agreement, including, but not limited to, Buyer’s obligation to make final payments of the remaining balance.
Completion and Occupancy
Buyer agrees to sign and record a notice of completion within five days after the project is complete and ready for occupancy. If the project passes final inspection by the public body but Buyer fails to record Notice of Completion, then Buyer hereby appoints Contractor as Buyer’s agent to sign and record a Notice of Completion on behalf of Buyer. This agency is irrevocable and is an agency coupled with an interest. In the event the Buyer occupies the project or any part thereof before the Contractor has received all payment due under this contract, such occupancy shall constitute full and unqualified acceptance of all the Contractor’s work by the Buyer and the Buyer agrees that such occupancy shall be a waiver of any and all claims against the Contractor.
Insurance and Deposits
Buyer will procure, at Buyer’s own expense, and before the commencement of any work hereunder, fire insurance with course of construction, vandalism and malicious mischief clauses attached. Such insurance shall be a sum at least equal to the contract price with loss, if any, payable to any beneficiary under any deed of trust covering the project. Such insurance shall name the Contractor and his subcontractors as additional insured and to protect Buyer, Contractor and his subcontractors and construction lender as their interests may appear. Should Buyer fail to do so, Contractor may procure such insurance as agent for and at the expense of Buyer, but is not required to do so. If the project is destroyed or damaged by disaster, accident or calamity, such as fire, storm, earthquake, flood, landslide, or by theft or vandalism, any work done by the Contractor rebuilding or restoring the project shall be paid by the Buyer as extra work. Contractor shall carry Worker’s Compensation Insurance for the protection of contractor’s employees during the progress of the work. Buyer shall obtain and pay for insurance against injury to his own employees and persons under Buyer’s discretion and persons on the Job site at Buyer’s invitation.
Right to Stop Work
Contractor may stop work if Buyer fails to make a payment, when due, to Contractor under this agreement. Contractor may keep the job idle until all payments due are received. Such failure to make payment, when due, constitutes a material breach of this Agreement.
Interest and Fees
Overdue payments will bear interest at the rate of 1.5% per month (18% per annum). A $25.00 fee will be charged for returned checks.
Contractor shall remove from the Property, debris and surplus material created by services performed under this agreement, and leave it in a neat and broom-clean condition.
Asbestos, Lead, Mold, And Other Hazardous Materials
Contractor requires that Buyer conducts lead and asbestos testing on any portion where work is to be done under this agreement, for any property built prior to 1980. Buyer agrees to conduct these tests at Buyer’s expense, and to furnish to Contractor the results of such testing prior to commencement of work. Contractor shall approve of the test results, based on factors such as recency, testing method, testing company, etc. Contractor’s approval shall not be reasonably withheld. Buyer hereby represents that Buyer has no knowledge of the existence on the Property, or in any portion thereof, of any asbestos, lead paint, mold (including all types of microbial matter or microbiological contamination, mildew or fungus), or other hazardous materials. Testing for the existence of mold and other hazardous materials shall only be performed as expressly stated in writing. Contractor shall not be testing or performing any work whatsoever in an area that is not identified in the Scope of Work. Unless the contract specifically calls for the removal, disturbance, or transportation of asbestos, polychlorinated biphenyl (PCB), mold, lead paint, or other hazardous substances or materials, the parties acknowledge that such work requires special procedures, precautions, and/or licenses. Therefore, unless the contract specifically calls for same, if Contractor encounters such substances, Contractor shall immediately stop work and allow the Buyer to obtain a duly qualified asbestos and/or hazardous material contractor to perform the work or Contractor may perform the work itself at Contractor’s option. Said work will be treated as an extra under this Agreement, and the contract term setting forth the time for approximate completion of the project may be delayed. In the event that mold or microbial contamination is removed by Contractor, Buyer understands and agrees that due to the unpredictable characteristics of mold and microbial contamination, Contractor shall not be responsible for any recurring incidents of mold or microbial contamination appearing in the same or any adjacent location, subsequent to the completion of the work performed by Contractor. Buyer agrees to hold Contractor harmless, and shall indemnify Contractor harmless for any recurrence of mold or microbial contamination. Buyer also agrees that Contractor shall not be responsible, and agrees to hold Contractor harmless and indemnify Contractor for the existence of mold or microbial contamination in any area that Contractor was not contracted to test and/or remediate. Further, Buyer is hereby informed, and hereby acknowledges, that most insurers expressly disclaim coverage for any actual or alleged damages arising from mold or microbial contamination. Contractor makes no representations whatsoever as to coverage for mold contamination, though at Buyer’s additional expense, if requested in writing, contractor will inquire as to the availability of additional coverage for such contamination or remediation, and if available, will obtain such coverage if the additional premium is paid for by Buyer as an extra.
Standards of Materials and Workmanship
Contractor shall use and install “standard grade” or “builder’s grade” materials on the project unless otherwise stated in writing. Unless expressly stated in the project description, Contractor shall have no liability or responsibility to restore or repair the whole or any part of the existing premises affected by the work of Contractor to be performed herein or by any subsequently agreed-upon change order, including as an illustration and not as a limitation, any landscaping, sprinkler system, flooring and carpet, wall coverings, paint, tile, or decorator items.
Contractor’s liability for defective materials or installation is hereby limited to the replacement or correction of said defective materials and/or installation, and no other claims, or demands whatsoever shall be made upon or allowed against the Contractor for defective materials or installation.
Contractor is not responsible for color changes due to variation in wood type or grain and cannot guaranty that actual colors will exactly match the colors of the samples originally shown and/or selected by Buyer. Buyer acknowledges that natural materials (i.e. wood, granite, etc.) are subject to changes and/or variations in color, look, feel, texture etc., and other natural occurrences (such as look, feel, color, natural cracking or gaps etc.). Contractor is not responsible for any of these occurrences.
Buyer agrees to treat Contractor’s employees, subcontractors, agents, etc. (“Personnel”) appropriately, and to refrain from harassment, humiliation, intimidation, or addressing them in a derogatory, offensive or insulting manner. Creation of a hostile work environment shall constitute a material breach of this Agreement.
No action of any character arising from or related to this Agreement or the performance thereof, shall be commenced by either party against the other more than two years after completion or cessation of work under this Agreement.
Release of Security for Portions of Work for Which Payment Has Been Made
Upon satisfactory payment being made for any portion of the work performed, Contractor, prior to any further payment being made, shall furnish to Buyer a full and unconditional release from any potential lien, claimant claim, or mechanics lien authorized pursuant to Sections 8400 and 8404 of the Civil Code for that portion of the work for which payment has been made.
Note About Extra Work and Change Orders
Extra Work and Change Orders become part of the contract once the order is prepared in writing and signed by the parties prior to the commencement of work covered by the new change order. The order must describe the scope of the extra work or change, the cost to be added or subtracted from the contract, and the effect the order will have on the schedule of progress payments. A change-order form for changes or extra work shall be incorporated into this contract and shall become part of this contract only if it is in writing and signed by the parties prior to the commencement of any work covered by a change order. Buyer may not require Contractor to perform extra or change-order work without providing written authorization prior to the commencement of work covered by the new change order. Extra work or a change order is not enforceable against Buyer unless the change order also identifies all of the following in writing prior to the commencement of work covered by the new change order: (i) The scope of work encompassed by the order; (ii) the amount to be added or subtracted from the contract; and (iii) the effect the order will make in the progress payments or the completion date. Contractor’s failure to comply with the requirements of this paragraph does not preclude the recovery of compensation for work performed based upon legal or equitable remedies designed to prevent unjust enrichment.
If the parties are not in agreement as to the change in contract price, the Contractor’s actual cost of all labor, equipment subcontracts, and materials, plus a Contractor’s fee of 20% shall be the change in Contract Price.
Side Job/Side Payments
Buyer hereby agrees not to solicit services for repairs, construction, improvement, remodeling, or any other similar work, with any of the personnel sent by Contractor to perform the Contract work under this Agreement (“Side Work”). Any change to the existing work, or additional work must be communicated directly to Contractor. No payment shall be furnished by you or anyone affiliated with you to any one of Contractor’s personnel, whether employees, contractors, agents, sub-contractors etc., who are sent to perform the job on your premises (“Side Payment”). You hereby agree not to offer, solicit, or request any job or payment to/from such personnel, whether directly or indirectly. Buyer agrees that any breach under this section shall be considered contractual bad faith, and a material breach of this Agreement, and shall entitle Contractor to actual, consequential, and punitive damages in an amount that is uncertain due to unforeseeable costs, losses, and consequences, and as such shall be valued in the amount of $25,000, which shall be paid in addition to all other damages and/or remedies resulting from a breach of this Contract.
Contractor Is not responsible for existing structural defects, defective soil conditions, or existing code violations. Despite the exercise of reasonable care during construction, such conditions may be discovered, the repair of which are outside the scope of this Agreement. The cost to repair such defective conditions will be added as an extra charge to this Agreement by way of a change order or continuation/addendum.
MECHANICS LIEN WARNING:
Anyone who helps improve your property, but who is not paid, may record what is called a mechanics lien on your property. A mechanics lien is a claim, like a mortgage or home equity loan, made against your property and recorded with the county recorder.
Even if you pay your contractor in full, unpaid subcontractors, suppliers, and laborers who helped to improve your property may record mechanics liens and sue you in court to foreclose the lien. If a court finds the lien is valid, you could be forced to pay twice or have a court officer sell your home to pay the lien. Liens can also affect your credit.
To preserve their right to record a lien, each subcontractor and material supplier must provide you with a document called a ‘Preliminary Notice.’ This notice is not a lien. The purpose of the notice is to let you know that the person who sends you the notice has the right to record a lien on your property if he or she is not paid.
BE CAREFUL. The Preliminary Notice can be sent up to 20 days after the subcontractor starts work or the supplier provides material. This can be a big problem if you pay your contractor before you have received the Preliminary Notices.
You will not get Preliminary Notices from your prime contractor or from laborers who work on your project. The law assumes that you already know they are improving your property.
PROTECT YOURSELF FROM LIENS. You can protect yourself from liens by getting a list from your contractor of all the subcontractors and material suppliers that work on your project. Find out from your contractor when these subcontractors started work and when these suppliers delivered goods or materials. Then wait 20 days, paying attention to the Preliminary Notices you receive.
PAY WITH JOINT CHECKS. One way to protect yourself is to pay with a joint check. When your contractor tells you it is time to pay for the work of a subcontractor or supplier who has provided you with a Preliminary Notice, write a joint check payable to both the contractor and the subcontractor or material supplier.
For other ways to prevent liens, visit CSLB’s Internet Web site at www.cslb.ca.gov or call CSLB at 800-321-CSLB (2752).
REMEMBER, IF YOU DO NOTHING, YOU RISK HAVING A LIEN PLACED ON YOUR HOME. This can mean that you may have to pay twice, or face the forced sale of your home to pay what you owe.
The terms of this Agreement shall control over any conflicting terms in any referenced agreement or document. This Agreement supersedes all other representations, promises, conditions, warranties, or statements whether oral or written.
Neighborhood Awareness Program (“NAP”)
When applicable, the Contract Price listed above includes a credit in the amount listed as the “Participation Credit Amount” on the “Neighborhood Awareness Program” document (“NAP Form”) that is incorporated by reference into this Agreement. Buyer understands that participation in the NAP is entirely voluntary, and is subject to the terms listed on the NAP Form. In the event that a participating Buyer breaches one or more of the terms listed on the NAP Form, Buyer will no longer be entitled to the Participation Credit Amount, the sum of which will be added to the amount currently listed under the final Phase in the Schedule of Progress Payments above. Buyer agrees that a breach which occurs at any time after completion of the project under this Agreement will have the effect of forfeiting the Participation Credit Amount retroactively, the sum of which will become immediately due to Contractor.
Validity and Damages
In the event that one or more of the provisions of this Agreement or any application thereof is found to be invalid, unenforceable, or illegal, the validity, enforceability, and legality of the remaining provisions and any other applications shall not in any way be impaired thereby. Any damages for which Contractor may be liable to Buyer shall not, in any event, exceed the cash price of this contract. Buyer agrees to pay Contractor the reasonable costs of enforcement and/or collection in the event it is so necessary for the Contractor to retain an attorney and/or institute legal proceedings. Buyer agrees to pay reasonable attorney’s fees and costs incurred by Contractor, whether or not court proceedings are initiated.
The following warranties are provided herein by Contractor: (a) Full One Year Limited Labor Warranty, for one (1) year from the date of completion of work; (b) EXCEPT AS STATED IN THIS SECTION, NO OTHER WARRANTIES, EXPRESS OR IMPLIED, ARE PROVIDED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. This Limited Warranty extends only to Buyer and is not transferable. There is no implied warranty of merchantability nor any implied warranty of fitness for any particular purpose. There are no warranties, either express or implied, which extend beyond the description in this section. Buyer understands and agrees that materials, equipment, assemblies, units, etc. purchased by Contractor, which are included in this Contract, are sold and installed subject to the manufacturer’s or processor’s guarantee or warranties, and not Contractor’s. To the extent permitted by applicable law, all warranties given by manufacturers pertaining to materials used by Contractor in connection with this Agreement will be passed through to, and inure to the benefit of, Buyer.