These Terms and Conditions (the “Terms”) are part of and govern the Sales Agreement between Alpine Exteriors (“Alpine Exteriors,” the “Company,” “we,” or “us”) and the customer (“Customer,” “Homeowner,” or “you”) for the work described in the Sales Agreement. By signing the Sales Agreement, you agree to these Terms.
Contents
- Checks
- Time Frame of Work
- Damage or Delays
- Exempted Work
- Repairs
- Materials
- Funding Charge
- Delinquency Charge
- Attorney Fees
- Credit
- Scope of Work
- Work Area
- Permits and Inspections
- Commencement of Work
- Changes in Work
- Clean Up
- Changed Conditions
- Workmanship and Warranty
- Limitation on Liability
- Delay
- Remedies
- Construction Liens
- Payment
- Scaffolding
- Signs and Advertising
- Incidental Damages
- Maintenance & Upkeep
- Financing
- Confidentiality of Bid
- No Refunds
- Binding Arbitration
- Non-Disparagement During Dispute
Checks.
All checks shall be made payable to Alpine Exteriors.
Time Frame of Work.
Subject to unforeseen contingencies, the Company will commence work within reasonable time from the date of this agreement.
Damage or Delays.
The Company shall not be responsible for damage or delay due to strike, fire, accident, rain, wind, customer delay or other causes beyond its control. Usual time until start date is 6 to 10 weeks.
Exempted Work.
This contract does not include any landscaping, plumbing, wiring, reframing, roof repair, unforeseen wood rot or repairs to building other than specified in this contract. If any scaffolding is attached to the roof any holes made will be sealed with a roof sealant, NO other roof repairs will be made.
Repairs.
Repairs, in addition to above contract, made necessary to meet Building codes or Buyers changes, will be done at the Company’s cost plus 45% or by written change order.
Materials.
All jobs are customarily shipped with extra materials; thus, at the completion of the work herein specified, any materials not used shall remain the sole property of the Company.
Funding Charge.
If it becomes necessary for Alpine Exteriors to fund, or finance any portion of the payment terms when it becomes due, then a 10% surcharge will be added to the Total Cash Price. This amount will be thereafter considered as part of the Total Cash Balance.
Delinquency Charge.
A delinquency charge of the maximum lawful rate per month may be added to that portion of the Total Cash Balance remaining due and unpaid thirty days after date in which said progress payment or final payment become due and each month thereafter.
Attorney Fees.
In any suit or other action to enforce any provision of this agreement or to collect any payment or any charge arising therefrom, Customer agrees to pay a reasonable sum as Attorney’s fees together with any costs and disbursements in connection with such action or suit.
Credit.
Agreement subject to credit approval. Owner agrees to sign all necessary documents required to obtain financing if financing is required.
Scope of Work.
Company and/or its subcontractors will furnish or arrange for all labor, supervision, material, tools and in the Sales Agreement. Company will not be responsible for work which is not included in the description.
Work Area.
Customer will provide the Company with a work area that is safe, free from hazardous materials and clear of obstructions. Alpine Exteriors will not be responsible for damaged landscaping in the work area. Client agrees to stay clear of the work area. Client is fully and solely responsible for any injuries incurred on the job site by anyone other than Alpine Exteriors employees, subcontractors, and suppliers.
Permits and Inspections.
Unless otherwise agreed in writing, Company, at Customer’s sole expense, will obtain all necessary permits for the work from governmental authorities and procure all inspections and sign-offs required by law. The costs of all such permits, inspections and sign-offs shall be added to the Total Cash Price.
Commencement of Work.
Company will not be obligated to commence work at the job site (and if commenced, will not be obligated to continue) until Customer (a) has paid the deposit required of this Sales Agreement (b) has signed this Sales Agreement and all related documents required by Company and (c) has satisfied its obligations under Paragraph 12 above.
Changes in Work.
Customer may order changes in the Sales Agreement by signing a written change order which shall describe the change and provide for the adjustment, if any, in the price to be paid to Company. Company will not be obligated to proceed with any change in the work until the written change order is completed and signed by Company and Customer.
Clean Up.
Company will maintain the work area in a clean, safe and orderly condition. Upon completion of the work, Company will remove all equipment, leftover material, temporary structures, debris and waste accumulated by Company during performance of the work and will leave the job site in broom clean condition.
Changed Conditions.
If Customer becomes aware of any fault, defect or condition affecting the work area, which was not previously known by Company, customer will promptly notify Company of the changed condition. If Company should encounter concealed, unknown or latent conditions during the performance of the work which differ materially from those ordinarily encountered, Customer will pay for additional labor, supervision, material supplies, tools and equipment used by Company to complete the work under the changed conditions.
Workmanship and Warranty.
Company will perform the installation in accordance with the Sales Agreement and the drawings and specifications prepared pursuant thereto, using good workmanship and accepted standards of construction and installation. Alpine Exteriors shall not be liable for leaks or water damage caused by pressure washing. Alpine Exteriors DOES NOT WARRANTY CAULKING, customer must refer to the manufactures warranty only. Company warrants its work to be free from defects in workmanship for a period of Ten (10) Years, from the date of completion. The customer will be responsible for completion of paperwork for all manufacture(s) warranty upon completion of the work, whereupon Customer will have all rights and remedies against the manufacturer(s) as is provided by such warranties. THIS WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY PROVIDED BY ALPINE AND IS IN LIEU OF ALL OTHER WARRANTIES RELATING TO THE WORK DESCRIBED IN THE SALES AGREEMENT WHETHER WRITTEN OR ORAL, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES AS TO MERCHANTABILITY, OR THAT THE INSTALLATION AND/OR MATERIALS PROVIDED ARE FIT OR SUITABLE FOR A PARTICULAR PURPOSE. No representative of Company is authorized to extend or expand this warranty in any manner.
Limitation on Liability.
CUSTOMER AGREES THAT FOR ANY BREACH BY ALPINE EXTERIORS HEREUNDER, NO REMEDY AGAINST ALPINE EXTERIORS OR ANY OF ITS AFFILIATED CORPORATIONS FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, LOST SALES, INJURY TO PERSONS OR PROPERTY OR ANY OTHER INCIDENTAL OR CONSEQUENTIAL LOSS) SHALL BE AVAILABLE TO CUSTOMER. CUSTOMER AGREES THAT ITS SOLE REMEDY IN THE EVENT OF A BREACH OF ALPINE EXTERIORS CONTRACT AND/OR WARRANTY CLAIM WILL BE REPAIR OR REPLACEMENT AND ANY SUCH CLAIM BY CUSTOMER WILL ONLY BE AVAILABLE FOR A PERIOD OF (3) three YEARS AFTER SUBSTANTIAL COMPLETION. LIABILITY SHALL BE LIMITED TO THE FACE AMOUNT OF CONTRACT. CLIENT HEREBY EXPRESSLY WAIVES AND RELEASES ANY SUCH CLAIM, CAUSE OF ACTION OR LAWSUIT THAT IS NOT FILED WITHIN SIX (6) MONTHS FROM THE EXPIRATION OF THIS WARRANTY. Any warranty work performed by Alpine Exteriors does not extend the warranty period. Alpine Exteriors will extend the warranty from 10 years to 25 years if the painting option is chosen or pre-painted siding is chosen.
Delay.
If Company is delayed in the progress or completion of the work due to any act, occurrence or condition beyond its control, then the estimated or agreed completion date, if any, shall be extended for a reasonable period of time. Company shall be entitled to all costs occasioned by the delay if caused by Customer.
Remedies.
If Customer fails to pay when due any amount owed to Company or breaches any material term of this Sales Agreement and such default continues for a period of ten (10) days thereafter then, in addition to any other remedy contained in any other document executed in connection with this Sales Agreement or under law, Company shall be entitled to stop work until full payment is made or at Company’s option upon seven (7) days written notice, Company may, in addition to all other rights and remedies available to it, terminate the contract and recover from Customer payment for all work performed up to and including the effective date of termination, including without limitations payment for labor, supervision, materials, use of equipment, tools and machinery, termination payments owed to suppliers and subcontractors, field and office overhead, and reasonable profit but in no event an amount in excess of the Total Contract Price.
Construction Liens.
Customer acknowledges receipt of informational material on construction liens prepared by the Department of Labor and Industries.
Payment.
I agree to pay the Total Cash Price appearing on this Sales Agreement upon the terms set forth in this Sales Agreement.
Scaffolding.
If scaffolding is used, scaffolding will be attached to the roof. Alpine Exteriors will apply sealant to the areas where the scaffolding is attached. Alpine Exteriors will not replace any roofing. Any roofing replacement will be done at the Customer’s sole expense.
Signs and Advertising.
Client authorizes Alpine Exteriors to place a job sign on the job site. In addition client authorizes Alpine Exteriors to take photographs and or videos of the job site and of its work. Client recognizes and agrees that photographs and videos taken by Alpine Exteriors or its agents if any are the exclusive property of Alpine Exteriors without charge and may be used at Alpine Exteriors discretion for any reasonable purpose whatsoever.
Incidental Damages.
The customer understands the risks of damage to the driveway / yard during material and dumpster deliveries and accepts financial responsibility for any damages.
Maintenance & Upkeep.
All warranties are contingent upon doing maintenance and upkeep to the property which includes caulking and painting by Alpine. Pre-painted needs to be repainted at 15-year mark and primed at 10-year mark.
Financing.
All financing that is provided is not a part of Alpine but a third party provider that we have a relationship with. All terms of the loan are between the lender and the homeowner. Alpine is not liable for any issues that may arise between the lender and the homeowner.
Confidentiality of Bid.
This bid was offered as a free service by Alpine and because we do not charge for this bid and the work of preparing this bid and creating a report cost us money. We ask that this bid not be shared with anyone such as other companies or competitors. We appreciate your cooperation.
No Refunds.
Once the deposit has been paid, the deposit is non-refundable. All payments made under this Sales Agreement are non-refundable.
Dispute Resolution; Binding Arbitration.
Any dispute, claim or controversy arising out of or relating to this Sales Agreement, the work performed, or any breach thereof, shall be resolved exclusively by binding arbitration rather than in court. Customer and Company each waive the right to file or pursue the matter in court and waive the right to a jury trial. The arbitration shall be conducted in Washington State under applicable arbitration rules, and judgment on the award may be entered in any court having jurisdiction.
Non-Disparagement During Dispute.
In the event of a dispute, the Homeowner agrees not to post, publish or make any disparaging or negative comments, reviews, ratings or statements about Alpine Exteriors, its employees, subcontractors or work, in any public or private forum or medium, until the dispute and all underlying issues have been fully and finally resolved.