Scaldino Basement Solutions

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Continuation Of Home Improvement Contract

Additional Terms & Conditions

Delay/Unknown Conditions: Contractor's failure to perform any term or condition of this Agreement as a result of conditions beyond its control such as, but not limited to strikes, fires, floods, acts of God, manufacturer's delay, material shortages, Buyer(s)' inability to qualify for or obtain financing, delays by local government authorities in issuing or otherwise approving inspections, permitting, or other required authorizations do not constitute abandonment and are not included in calculating time frames for performance by Contractor. Contractor and Buyer(s) have determined that a definite start and completion date are not material terms of this Agreement. The Buyer(s) understand that the start date and completion date are approximate and are subject to reasonable change.

Late Payment/Late Cancellation of this Agreement: Buyer(s) agrees to pay a late fee of 1 1/2% per month on all amounts due and owing from Buyer(s) to Contractor accruing from the date due and running to the date the payment is made. In the event that Buyer(s) breaches any of the terms and/or conditions of this Agreement, Contractor may recover any damages for the breach thereof and all remedies in its favor existing at law. A Late Cancellation after midnight of the third business day after the date of this Agreement is a breach of this Agreement. The Buyer(s) shall reimburse Contractor for all of Contractor’s out-of-pocket expenses, including, but not limited to, costs incurred by the Contractor for measuring, ordering, manufacturing, purchasing and administrating the procurement of the goods and services identified in this Agreement, and all other damages available under the law.

Contractor's Right to Cancel: In the event that Contractor determines that this Agreement cannot be performed as intended by the parties due, for example, to incorrect pricing, unforeseen structural defects, or pre-existing conditions to Buyer(s)' Property Contractor may cancel this Agreement within forty-five (45) days of its execution, notify Buyer(s) of such cancellation in writing and return all monies paid by Buyer(s).

Permits: Buyer shall obtain, at Buyer’s cost, all permits no less than seven (7) full business days prior to the start date. If Buyer requests Contractor to obtain the permits from the Municipality, additional fee will be the reimbursement to obtain the permits, plus twenty percent (20%) of the permit fee. This amount is nonrefundable.

Hours of Operation: Normal business hours are from 7:00 a.m. to 5:00 p.m. Monday through Friday, with the exception of any legal holiday.

No Set-Offs or Retentions: Upon Substantial Completion of Contractor's work under this Agreement, Buyer(s) shall pay all amounts due under this Agreement without any right of set-off or retention. Substantial Completion is defined as the stage in the progress of the work where the work is sufficiently complete in accordance with this Agreement so that Buyer(s) can occupy or utilize the work for its intended use. If after paying all amounts due under this Agreement, Buyer(s) alleges that Contractor's work is defective in any respect, Contractor, without waiving any of its rights, shall cause an inspection of the work and perform any remedial work to the extent the Buyer(s) is entitled to under this Agreement or Contractor's warranty at no cost to Buyer(s). Buyer(s) agree to cooperative with Contractor, so as to permit unfettered access for the remediation.

Buyer(s)' Representations and Responsibilities: In addition to making timely payment to Contractor according to the terms and conditions of this Agreement, Buyer(s) represents and warrants that (a) Buyer(s) owns the premises where the products and/or services are being provided by Contractor; (b) Buyer(s) will control, secure, and otherwise keep all pets away from the Contractor and the work areas; (c) Buyer(s) will not allow unattended minors at the Property while the work is being performed; (d) Buyer(s) will provide Contractor with unrestricted access to the premises at all reasonable times for the purposes of taking measurements, performing the work, and for any subsequent remedial work, if required, including access to electrical outlets as may be required by Contractor; (e) Buyer(s) will remove, secure, or otherwise protect all items of value or concern to avoid any accidental mistakes or slippages as the Contractor will not be liable for replacing or repairing other household items in the work areas; (f) Buyer(s) shall be responsible for the preparation, moving, and reinstalling of all wiring, water lines, power lines, plumbing, and the moving of any shrubs, plants, or other items as required by Contractor under this Agreement; and (g) if Contractor's work requires consent and/or approval from any Homeowner's Association or any other legal entity or voluntary association that enforces covenants, conditions, and restrictions on property (including designated historic sites), Buyer(s) is responsible to submit any required forms and obtain approval for the work to be done and to keep Contractor informed as to the approval status.

Contractor's Responsibility: Contractor shall help obtain any necessary permits at Buyer’s additional cost. Contractor accepts no responsibility for any damage resulting from structural or other defects in the Property at which work is performed under this Agreement Contractor is not responsible for remedying structural defects and other preexisting conditions in or at Buyer(s)' Property. Buyer(s) acknowledges that Contractor's products do not correct or cure pre-existing problems such as mold, asbestos, dry rot, decay, fungi, termites, and/or other structural and/or environmental problems. Contractor shall not be responsible for (a) any damages arising in whole or in part from strikes, fires, accidents, floods, governmental actions, or any other causes beyond control of Contractor; (b) any damages including without limitation, lost profits, or reduction in value of the premises, arising from Contractor's delay in performing under this Agreement or due to its breach of this Agreement; (c) unintentional damage to window treatments, shutters, blinds, alarm systems, household items, landscaping, satellite dish, gas lines, condensation pipes, electrical wiring, plumbing, and telephone installations, it being understood that Buyer(s) is responsible at its own cost for all preparations, protection and/or moving of such items prior to Contractor's commencement of the work; (d) collateral or incidental damage to interior walls (including wall tiles) and personal property, including damage occurring as a result of Contractor installing products on or in Buyer(s)' Property, it also being understood that Buyer(s) is responsible at its own cost for all preparations, protection and/or moving of such items prior to Contractor's commencement of the work; and (e) removing and/or refitting/reconnecting Buyer(s)' home security system or the costs associated with removing and/or refitting/reconnecting Buyer(s)' home security system, it being understood that Contractor will attempt to work around any home security system on the premises.

Mold and Related Matters: Buyer(s) agrees to defend, indemnify and hold Contractor and its employees, agents, and vendors harmless from any claims as to the identification, detection, abatement, encapsulation, or removal of mold, asbestos, lead-based products, or other hazardous substances inside or outside of the Property at which work is performed. Contractor does not provide mold testing or remediation services. Excessive humidity lack of ventilation and/or extreme temperature differences may result in excessive condensation to appear on or around windows, in walls, or in attics. Products that Contractor is installing do not create moisture or excessive humidity; thus, Contractor is not responsible for condensation.

Warranties: Buyer(s) understands that Contractor will make available to Buyer(s) all product and labor warranties offered in connection with this Agreement. Buyer(s) understands that Buyer(s) should read all warranties for complete details of coverage. Complete copies of applicable product warranties are available for review by Buyer(s) at any time by viewing website (www.scaldinobasementsoultions.com).

A. NO UCC IMPLIED WARRANTY: Scaldino Basement Solutions shall not be responsible for any mold, mildew or radon issues in the basement either before, during or after the installation. Customer is responsible for moving objects a minimum of 5 feet away from and back to the walls. Any work that is requested by the customer which is NOT outlined in the scope of work above will be performed at an additional charge. Scaldino Basement Solutions specifically makes NO warranties either implied or in fact, regarding any matter concerning mold, mildew, condensation or radon. Oil lines, electrical wires, sewer lines, water/sprinkler lines and unforeseen pipes in floors and lawn are the sole responsibility of the customer. Dust should be expected from the work. Broom clean-up will be done at the end of the project. Scaldino Basement Solutions will tarp if requested, but is not responsible for dust.

B. CONSEQUENTIAL DAMAGES: Scaldino Basement Solutions is not responsible for consequential damage due to flooding caused by pump failure, natural disasters, power outages or any other scenario where the flooding was NOT a direct result of improper workmanship by Scaldino Basement Solutions. There will be no charge for service calls on issues covered under warranty for ninety (90) days.

C. PUMPS: Primary AC pumps and DC back-up pumps are covered under a separate manufacturer's warranty. Pump manufacturer warranty does not include labor. Customer will be responsible for applicable service fee's (See WARRANTY & SERVICE CALLS). Scaldino Basement Solutions is not responsible for pump failures and/or the associated damages of such failures. Scaldino Basement Solutions will administer any actions necessary to honor manufacturer's pump Warranty. Electrical outlets are NOT included unless specifically noted within the scope of work.

D. DRAINAGE SYTEMS: Subfloor drainage systems will only remedy the water problem in the areas installed. Basement floor cracks ARE covered under warranty if a full perimeter drainage system is installed. Basement floor cracks are NOT covered under warranty if a partial drainage system is installed. Additional costs may be applied if Scaldino Basement Solutions is required to remove bedrock/ledge/concrete 6in or thicker for the proper installation of any drainage system. Scaldino Basement Solutions is not responsible for surface water that can get in through floor grates, windows or doors. Proper maintenance of floor grates, windows, doors, gutters, down spouts, window wells, etc... is the customer's responsibility.

E. DISCHARGE PIPES: Scaldino Basement Solutions is not responsible for the following; frozen discharge lines that do not have freeze protection. Failures related to the use of existing discharge lines or pumps provided by others. The volume of water coming from the discharge line or surface water on lawns or driveways related to the discharge. The location of discharge line is to be determined by the customer based on their knowledge of the property.

F. CRACK & PIPE PENETRATION INJECTION: Prior to commencing repairs for cracks in the pipe, the pipe must be dry at the time of the repair. G. ELECTRICAL: All electrical work required, inclusive of providing outlets, require the Buyer to retain the services of a licensed electrician at the Buyer’s sole cost. Lien Rights: In the event that Buyer(s) does not pay Contractor any of the money owed when it is due, Contractor may have a claim against Buyer(s) that maybe enforced against Buyer(s)' Property in accordance with applicable lien laws. Buyer(s) also understands that if Buyer(s) finances the work a third party, Buyer(s) separately provided other documents may include a security interest. Buyer(s) understands that Buyer(s) should read those documents closely. Attorney Fees: Should any dispute arise between the parties and the services of an attorney are required, then the Buyer shall be responsible for Contractor’s attorney’s fees if Contractor is successful in the matter being disputed. Collection activity for any amount due shall be considered a dispute and attorney’s fees and cost of collection shall be due from the Buyer. Miscellaneous: No waiver of any breach of this Agreement shall be construed as a waiver of any prior, concurrent, or subsequent breach hereof. The section headings contained in this Agreement are inserted for convenience only and shall not affect in any way the meaning or interpretation of this Agreement. In construing this Agreement, the gender and number of words used may be changed to meet the context. No alteration to or deviation from this Agreement, including those that change the cost, materials, work to be performed, or estimated completion date, will be valid without the signed, written consent of both Buyer(s) and Contractor. This Agreement is to be governed by the laws of the state, in which it is performed, except as may be preempted by federal law. Any part of this Agreement contrary to the law of this state shall not invalidate other parts of this Agreement. If a provision of this Agreement is held to be invalid or unenforceable, this Agreement shall continue in full force and effect and shall be construed as if the invalid or undeliverable provision was omitted. Arbitration of Disputes: Contractor and BUYER(S) agree that the Federal Arbitration Act applies to this Agreement, except for Individual small claims court cases that qualify, and any and all disputes, claims, statutory claims, or controversies (hereafter referred to as a "Claim") arising under or relating to this Agreement and any related documents, loans, security instruments, accounts, or notes, including by way of example and not as a limitation: (i) the relationships resulting from this Agreement and the transactions arising as a result thereof; (ii) the terms of this Agreement; or (iii) the validity of this Agreement or the validity or enforceability of this arbitration provision shall be subject to binding arbitration to be determined by one arbitrator, in accordance with and pursuant to the then prevailing Commercial Arbitration Rules of the American Arbitration Association ("AAA"), to be held and arbitrated in the judicial district in which BUYER(S) resides. The findings of the arbitrator shall be final and binding on all parties to this Agreement. Contractor agrees to pay % of all fees charged by the AAA for filings and arbitrator's costs. If the BUYER(S) obtain an arbitration award that identifies the BUYER(S) as the prevailing party, Contractor agrees to pay the BUYER(S)' portion of the fees charged by the AAA for filings and arbitrator's costs. Each party, however, shall be responsible for their own attorneys' fees, if any. This agreement to arbitrate, and any award, finding, or verdict of or from the arbitration, will be specifically enforceable under the prevailing law of any court having jurisdiction. The party asserting a Claim shall file a notice of the demand for arbitration with the other party to this Agreement and with AAA- Case Filing Services, 220 Davidson Ave, Somerset, NJ 08873 (732) 560-9560. The demand for arbitration shall be made within a reasonable time after the Claim in question has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such Claim would be barred by the applicable statute of limitations. Any arbitration proceeding brought under this Agreement, and any award, finding, or verdict of or from such proceeding shall remain confidential between the parties and shall not be made public. Both Contractor and BUYER(S) are agreeing to choose arbitration, rather than litigation or some other means of dispute resolution, to address any grievances or alleged grievances. The parties believe this will allow for a faster and more cost effective method of addressing a Claim. By entering into this Agreement and this arbitration provision, both parties are giving up their constitutional right to have any dispute decided in a court of law before a jury, and instead are accepting the use of arbitration. THIS AGREEMENT DOES NOT ALLOW CLASS OR COLLECTIVE ARBITRATIONS EVEN IF THE AAA PROCEDURES OR RULES WOULD. BY EXECUTING THIS AGREEMENT, BUYER AGREES AND UNDERSTANDS THAT BUYER CAN ASSERT A CLAIM ONLY ON BEHALF OF BUYER'S OWN SELF AND THAT BUYER WILL NOT ASSERT A CLAIM ON BEHALF OF, OR AS A MEMBER OF, A CLASS OR GROUP IN EITHER AN ARBITRATION PROCEEDING, A PRIVATE ATTORNEY GENERAL ACTION OR IN ANY OTHER FORUM OR ACTION. THE PARTIES ALSO AGREE THAT THE ARBITRATOR MAY AWARD MONEY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL BUYER SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY AND LIMITED TO THAT THE BUYER(S)' INDIVIDUAL CLAIM. Contractor is committed to completing the project per the terms and conditions set forth in this agreement. If, however, there is an issue that needs to be resolved and/or if the Buyer(s) believe that Contractor has not met its obligations, both Contractor and Buyer(s) agree to have this matter resolved in arbitration. ENVIRONMENTAL PROTECTION AGENCY RENOVATION, REPAIR AND PAINTING RULE RESIDENTIAL EXEMPTION CLEARANCE FORM The purpose of this form is to determine if an exemption under the EPA's Renovation, Repair and Painting Rule is available for the planned remodeling project at the below address. If no exemption is available, a Certified Renovator will need to test one or more paint samples at the work area to determine if lead paint is present. If lead paint is present, that will likely require the planned remodeling project to be performed using EPA-mandated lead-safe work practices. At an extra cost and performed by a third party and paid directly by the Buyer. Contractor shall he granted an extension of time to complete the required work if any environmental condition of any nature restricts, prohibits or otherwise interferes or hinders the contractor’s work from proceeding as scheduled. Customer Name(s)_________________________________________ Today's Date:__________________ Job Address: _______________________________________________________________________________ The type and scope of the planned remodeling project is described in further detail on the home improvement contract or work order entered into with the above-referenced Customer. On behalf of the contractor, the undersigned individual hereby states that the following exemption from the Renovation, Repair and Painting Rule is applicable to the planned remodeling project:  Post-1977 Housing. To exempt the property as post-1977 housing, BOTH options below must be true and completed:  The contractor verified through an independent third party not affiliated with the contractor (such as www.HouseAgeCheck.com, tax assessor records, etc.), that the house on which the work will be performed was constructed after 1977. The contractor must maintain proof of this independent verification in the contractor's internal records; AND  By initialing after this line, the Customer states that to the best of his and/or her knowledge, the property where the work will be performed was built after 1977. (Customer Initials_________ Customer Initials_______)  Work Performed on Paint-Free Surface. To exempt the work area as paint-free, BOTH of the following must be completed:  On behalf of the contractor, the undersigned individual has personally examined the specific areas upon which the remodeling work will be performed, as well as any adjacent or adjoining areas (interior and exterior) that are expected to be impacted by the remodeling work. Upon such examination the undersigned has determined that there is no painted surface that will be disturbed, damaged, or otherwise affected or impacted by the planned remodeling project; AND  By initialing after this line, the Customer states that to the best of his and/or her knowledge, the areas upon which the planned remodeling project will be performed do not appear to contain any painted surfaces that will be disturbed, damaged, or otherwise affected or impacted by the planned remodeling project. (Customer Initials_______ Customer Initials______)  Zero-Bedroom Dwelling. The property (not the job area) is a zero-bedroom dwelling, such as a dormitory, studio apartment, etc.  Minor Repair and Maintenance. (Not available for window repair or replacement work.) On behalf of the contractor, the undersigned individual has personally examined the specific areas upon which the planned remodeling project will be performed, as well as any adjacent or adjoining areas (interior and exterior) that are expected to be impacted by the planned remodeling project. Upon such examination the undersigned has determined that ALL of the following are true and correct:  Under 6 sq. ft. mt. / 20 sq. ft. ext. of Painted Surfaces Will Be Disturbed. If the planned remodeling project is taking place on the interior of the property, it will not disturb more than six (6) square feet of painted surface per room. If the planned remodeling project is taking place on the exterior of the property, it will not disturb more than twenty (20) square feet of painted surface.  No Demolition of Painted Surfaces. The planned remodeling project does not involve the destruction of painted surfaces.  No Prohibited Work Practices. The planned remodeling project is not going to involve open flame burning or torching of paint. No machines will be used that remove paint through high-speed operation such as sanding, grinding, power planning, needle gun, abrasive blasting, or sandblasting, unless such machines are used with HEPA exhaust controls. No heat guns will be operated above 1100 degrees Fahrenheit. NOTICE OF CANCELLATION DATE OF TRANSACTION: _______________ YOU MAY CANCEL THIS TRANSACTION, WITHOUT ANY PENALTY OR OBLIGATION, WITHIN THREE BUSINESS DAYS FROM THE ABOVE DATE. IF YOU CANCEL, ANY PROPERTY TRADED IN, ANY PAYMENTS MADE BY YOU UNDER THE CONTRACT OR SALE, AND ANY NEGOTIABLE INSTRUMENT EXECUTED BY YOU WILL BE RETURNED WITHIN 10 DAYS FOLLOWING RECEIPT BY THE SELLER OF YOUR CANCELLATION NOTICE, AND ANY SECURITY INTEREST ARISING OUT OF THE TRANSACTION WILL BE CANCELED. IF YOU CANCEL YOU MUST MAKE AVAILABLE TO THE SELLER AT YOUR RESIDENCE, IN SUBSTANTIALLY AS GOOD CONDITION AS WHEN RECEIVED, ANY GOODS DELIVERED TO YOU UNDER THIS CONTRACT OR SALE; OR YOU MAY, IF YOU WISH, COMPLY WITH THE INSTRUCTIONS OF THE SELLER REGARDING THE RETURN SHIPMENT OF THE GOODS AT THE SELLERS EXPENSE AND RISK. IF YOU DO MAKE THE GOODS AVAILABLE TO THE SELLER AND THE SELLER DOES NOT PICK THEM UP WITHIN 20 DAYS OF THE DATE OF YOUR NOTICE OF CANCELLATION, YOU MAY RETAIN OR DISPOSE OF THE GOODS WITHOUT ANY FURTHER OBLIGATION. TO CANCEL THIS TRANSACTION, MAIL OR DELIVER A SIGNED AND DATED COPY OF THIS CANCELLATION NOTICE OR ANY OTHER WRITTEN NOTICE, OR SEND A TELEGRAM, SCALDINO BASEMENT SOLUTIONS , 41 MURRAY STREET, RAHWAY, NEW JERSEY 07065 (888-522-3379), NOT LATER THAN MIDNIGHT OF ___________________. I/WE HEREBY CANCEL THIS TRANSACTION ______________________________ ______________________________ Date: _________________________ Date: _________________________