This Agreement is by and between the Buyer (identified above) and Stanlees Home Improvements or Stanlees Home Improvements (hereinafter referred to as “the Contractor”). The Buyer and Contractor, in consideration of the mutual promises of the parties contained in this Agreement and the sums paid and to be paid as set forth in this Agreement, agree as follows:
1. The completion date is approximate and Contractor shall not be liable for any damages suffered by Buyer as the result of any delay of delivery if such delay is caused by circumstances beyond Contractor’s control. Also, this Agreement is subject to force majure, and is contingent upon strikes, accidents, acts of God, weather conditions, inability to secure labor or materials, fire regulations or water restrictions, or any other restrictions imposed by a governmental agency, or other delays beyond the Contractor’s control. If delivery of the whole or any part of the above-described materials or labor is prevented by any such case, then this Agreement shall be void without penalty to either party for non-delivery and any deposited amounts shall be refunded.
2. Buyer agrees to pay for the above-referenced materials as follows: the contract total (above) approximately 50% or is due at start of project; typically approximately 50% is due upon completion of installation, however upon contractor request, buyer agrees to pay contractor up to 90% of contract value (above) prior to completion of installation. We propose to furnish material and labor in accordance with above specifications, for the sum in the invoice. All work to be completed in workmanlike manner according to standard practice. Any additional work for plywood (1/2″, 5/8”, 3/4”) will be at an extra charge of $80.00 per sheet installed. Any structural work needed for dry rot on rafters and or fascia will be charged at $65.00 per hour plus materials. Each delivery is a separate and independent transaction and payment for each delivery shall be paid accordingly. If Buyer refuses to receive the above-referenced services and materials within thirty (30) days of notification by Contractor that the services or materials are ready for delivery, then Buyer acknowledges that this Agreement shall be null and void and the Contractor will retain complete ownership and title of all materials. Additionally, Buyer agrees that Contractor may resell or otherwise dispose of such materials at Contractor’s option and that the Contractor may retain Buyer’s deposit and take additional steps to recover any additional amounts owed or to recover any damages occasioned by Buyer’s failure to perform under this Agreement including filing a lien on the property where the materials have been installed as provided by Oregon law. Furthermore, if Buyer becomes insolvent, declares bankruptcy, or is otherwise unable to meet the financial obligations set forth in this Agreement, then the Contractor may elect to terminate this Agreement, upon two (2) days written notice to the Buyer. However, such termination shall not affect Contractor’s rights to any amounts due and payable.
3. Buyer acknowledges that the materials purchased by Buyer are manufactured by a third party who is not the Contractor. Therefore, Contractor will provide Buyer with information relating to the manufacturer’s warranty, but Contractor does not provide any additional warranties relating in any way to the manufacture of the system or components.
4. Contractor represents that the materials are of a general kind, color, and quality of samples that Contractor may make available to Buyer. However, variations in materials and products may exist and Contractor does not offer any guaranty that the delivered materials will be of the exact kind, quality, or color as depicted in the samples. Contractor does not agree to meet any particular specifications other than those shown in this Agreement and any related drawings or exhibits.
5. Contractor does guaranty that the installation of materials will meet the standards of the industry. However, Contractor’s liability for faulty or deficient installation is limited to reinstallation in accordance with said standards. This warranty or installation extends for one year from the date of such installation. Buyer acknowledges that installation relates only to the above-referenced materials and that installation specifically does not include plumbing, HVAC, or electrical work or any other work not herein specified. Contractor will contact the County authority to locate all known utilities prior to beginning work. However, Contractor will not be responsible for damage caused by undisclosed and unknown utility lines or pipes installed by a government, state, or county authority or private landowner. Buyer agrees that Contractor shall not be liable for costs, delays, or unusual appearance of the materials which is due to peculiar features or unforeseen characteristics of the location in which the materials are to be installed. Buyer agrees to accurately represent or depict property lines.
6. Not less than fifteen (15) days after installation of the above-referenced materials, Buyer shall give Contractor written notice of any claim that the materials or installation does not conform to this Agreement. If Buyer fails to provide Contractor with such written notice within the specified time period, the Buyer will be deemed to have accepted the materials and installation. If Contractor agrees that the materials or installation fail to conform to this Agreement, the Contractor may either replace or repair such materials or installation at Contractor’s sole discretion.
7. Prior to delivery, risk of fire or other casualty will be on Contractor, and in the event of loss, Buyer will have the option (to be exercised by written notice to Contractor within five (5) days after receipt of notice of loss) of canceling this Agreement and receiving back any deposited amounts or of extending the date of delivery in order to allow Contractor additional time to perform Contractor’s obligations under this Agreement.
8. The parties understand that this Agreement constitutes a legally binding contract. Should any aspect of this Agreement result in dispute, litigation, or settlement, the prevailing party of such action may be entitled to an award of reasonable attorney’s fees and court costs, as determined by a court of competent jurisdiction.
9. This Agreement shall be binding upon the heirs, personal representatives, successors and assigns of the parties.
10. This document, together with the estimate, exhibits, and drawings, if any, contain the entire agreement of the parties and supersedes all prior agreements or representations which are not expressly set forth herein. This Agreement may be modified only by a writing signed and dated by both parties. Both parties acknowledge that they have not relied on any statements that are not herein expressed. Buyer and Contractor agree that this Agreement shall not be construed more harshly against one party solely because one party or their representative drafted such Agreement. This Agreement may be executed in one or more counterparts, each of which is deemed to be an original, and all of which shall constitute one and the same instrument.
11. All notices required or contemplated hereunder shall be in writing and personally delivered or sent First Class United States Mail, postage prepaid, to the addresses listed in this Agreement.