1. PARTIES
This agreement is made between the “Prepared For” party (called “Owner” in the rest of this agreement) and the “Prepared By” party (called “Contractor” in the rest of this agreement). The Contractor’s registration number is MOUTHC812BS.
“Notice of Cancellation” may be sent to the Contractor at the address noted below. You are entitled to a completely filled in copy of this agreement, signed by both you and the Contractor, before any work may be started.
Mountain Heating & Cooling
P.O. Box 541
Orting, WA 98360
2. PROJECT
The Owner is hiring the Contractor to perform work at ¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬their residence (name and address of project) (called “Project” for the rest of this agreement). Contractor shall commence Work once materials have been delivered at and/or equipment placed on the Project’s address.
3. PAYMENT
Before the Contractor begins the work, the Contractor will provide the Owner a list of additional subcontractors, material suppliers, and vendors that will be a part of the Contractor’s work on the Project.
The Owner will pay Contractor invoice total for completion of the Work. This price includes all sales, use, and any other tax. The Contractor is responsible for paying all its taxes.
Down Payment. Before the Contractor starts the work, the Owner must pay the Contractor 50% of the total contract price. Final payment will be due at completion.
For projects covered under a home warranty, 100% of Owner’s portion of payment will be due at the time of signing. No exceptions.
4. CHANGES IN WORK
Before the Contractor does any extra work, the Owner will be presented with a Change Order, which must be completed and signed by both the Owner and Contractor. The Change Order form will include an updated scope of work, price, and a new completion date if additional time is required. Payment for Change Order will be due upon change order completion work.
Owner, please note if Contractor does not receive a signed Change Order, Contractor will not begin Change Order work.
5. PROTECTION OF OWNERS PROPERTY
Owner agrees to remove from the jobsite or to otherwise protect any personal property or items including, but not limited to vehicles, carpets, rugs, drapes, and furniture. Contractor will not be held responsible for damage or loss of any personal property or personal items.
Owner can request Contractor move heavier items from the Work area, if requested Owner will be charged at an hourly rate.
Owner shall provide and pay for all utilities such as but not limited to water, gas, oil, electricity, sewage and, trash disposal necessary for the completion of the Project.
All pets and livestock must be secured while Contractor is performing Work on the Project site. Contractor will not be responsible for the security of pets, any pets escaping, or any damage caused to areas where Work is being performed due to wandering pets. Contractor will not be responsible for the recovery of lost pets, or any cost associated with the recovery of lost pets.
6. CHANGES IN WORK
Before the Contractor does any extra work, the Owner will be presented with a Change Order, which must be completed and signed by both the Owner and Contractor. The Change Order form will include an updated scope of work, price, and a new completion date if additional time is required. Payment for Change Order will be due upon change order completion work. Owner, please note if Contractor does not receive a signed Change Order, Contractor will not begin Change Order work.
If the conditions cause an increase in cost to Contractor or the time required for performing any part of the Work and were not reasonably foreseeable by an experienced contractor, an equitable adjustment will be made by a Change Order and the Contract will be modified in writing accordingly.
7. INSURANCE AND INDEMNIFICATION
The Contractor will protect the Owner from any damage the Contractor causes. To protect the Owner, the Contractor will maintain the and provide proof, upon request, of the following insurance policies before beginning Work on the Project.
- The Contractor will have and maintain for the entire time it is on the Project commercial general liability (CGL) insurance.
- The Contractor will have and maintain for the entire time it is on the Project business automobile liability insurance.
- The Contractor will have and maintain for the entire time it is one the Project workers’ compensation and employer’s liability insurance.
TO THE FULLEST EXTENT PERMITTED BY LAW, CONTRACTOR SHALL INDEMNIFY, HOLD HARMLESS, AND DEFEND OWNER AND ALL OF THEIR OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, FROM AND AGAINST ALL CLAIMS, DAMAGES, LOSSES, AND EXPENSES, INCLUDING, BUT NOT LIMITED TO, ATTORNEY FEES, ARISING OUT OF OR RESULTING FROM BODILY INJURY OR DEATH OF ANY PERSON, PROPERTY DAMAGE, ARISING OR ALLEGED TO ARISE OUT OF OR IN ANY WAY RELATED TO THIS CONTRACT OR CONTRACTOR’S PERFORMANCE OF THE WORK OR OTHER ACTIVITIES OF CONTRACTOR, BUT ONLY TO THE EXTENT CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE, STRICT LIABILITY OR FAULT OF CONTRACTOR OR ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY CONTRACTOR.
8. WARRANTY
All the Work done by the Contractor will be of good quality with no faults or defects and will be done as instructed by all the documents listed in the Work section of this contract. The Contractor will use only new and good quality materials. The Contractor will give the Owner all applicable manufacturer’s warranties. Normal wear and tear is not included in this warranty.
Up to one year after the Project is complete, the Contractor shall repair any defects with its Work or materials. Most equipment carries a limited (LTD) parts warranty, ranging from 2-12 years. Please ask your consultant for details or check your owner’s manual. All parts and equipment are covered by the manufacturer’s LTD warranty. Mountain Heating will not provide warranty labor for maintenance related issues. The Owner will send written notice of the defect via email, If the claim falls under the warranty claim Contractor will cure defective work within thirty (30) days. If the Contractor fails to fix the defect, the Owner can hire a different contractor to make the repair, and the Contractor will pay the Owner the cost of the repair. If the Contractor does not believe the repair was due to defective Work or material, Contractor will tell the Owner why, in writing, within five (5) calendar days of receiving the warranty claim. If no agreement can be made Owner can follow the steps listed in the dispute resolution section below.
All out of warranty charges will be billed at the normal price and current hourly rates. All warranty work will be done during normal business hours.
Materials that are purchased by Owner will not be warranted by Contractor.
9. DISPUTE RESOLUTION
Owner and Contractor will try to resolve any claim, controversy, or dispute at mediation. If the other party does not respond to the request for mediation within thirty (30) days, the requesting party may move forward with arbitration.
If the dispute between the Contractor and the Owner is not resolved at mediation, either party may file an arbitration claim. Both parties agree to submit their disputes to binding arbitration.
The dispute between the Contractor and the Owner will be submitted to the American Arbitration Association to be decided per the Construction Industry Arbitration Rules and the arbitration rules of the State of Washington. The Owner and the Contractor agree to a single arbitrator panel that will be held in Pierce County, Washington.
Both the Contractor and the Owner knowingly and voluntarily waive their rights to a jury trial.
10. RIGHT TO PHOTOGRAPH AND VIDEO THE WORK
Owner shall permit Contractor or person(s) employed or engaged by Contractor, without compensation or consideration to Owner, to take photographs and/or videos at the Project site of both completed work and work in progress, for purposes including, but not limited to, publication in newspapers, magazines, and other print media, use in broadcast media, publication via the internet, and use in marketing materials used by Contractor. Such photographs and any accompanying description shall not identify Owner or the property address of the Project without the Owner’s express written consent. Owner shall allow Contractor to place a yard sign throughout the duration of the Project and for one (1) week after the Completion Date.
11. RIGHT TO CANCEL
IF YOU HAVE INDICATED IN THIS CONTRACT THAT YOU INTEND TO OBTAIN A LOAN TO PAY FOR ALL OR PART OF THE WORK SPECIFIED IN THE CONTRACT, YOU HAVE THE RIGHT TO CHANGE YOUR MIND AND CANCEL THIS CONTRACT WITHIN THREE DAYS OF THE DATE WHEN THE LENDER PROVIDES YOU WITH YOUR TRUTH-IN-LENDING DISCLOSURE STATEMENT OR THE DATE WHEN YOU RECEIVE WRITTEN NOTIFICATION THAT YOUR LOAN WAS DENIED.
BE SURE THAT ALL PROMISES MADE BY YOUR CONTRACTOR ARE PUT IN WRITING BEFORE YOU SIGN THIS CONTRACT.
12. NOTICES
CHAPTER 64.50 RCW CONTAINS IMPORTANT REQUIREMENTS YOU MUST FOLLOW BEFORE YOU MAY FILE A LAWSUIT FOR DEFECTIVE CONSTRUCTION AGAINST THE SELLER OR BUILDER OF YOUR HOME. FORTY-FIVE DAYS BEFORE YOU FILE YOUR LAWSUIT, YOU MUST DELIVER TO THE SELLER OR BUILDER A WRITTEN NOTICE OF ANY CONSTRUCTION CONDITIONS YOU ALLEGE ARE DEFECTIVE AND PROVIDE YOUR SELLER OR BUILDER THE OPPORTUNITY TO MAKE AN OFFER TO REPAIR OR PAY FOR THE DEFECTS. YOU ARE NOT OBLIGATED TO ACCEPT ANY OFFER MADE BY THE BUILDER OR SELLER. THERE ARE STRICT DEADLINES AND PROCEDURES UNDER STATE LAW, AND FAILURE TO FOLLOW THEM MAY AFFECT YOUR ABILITY TO FILE A LAWSUIT.
13. SEVERABILITY
Should any provision of this contract be found by a court of competent jurisdiction to be invalid, the remaining provisions shall remain in full force and effect. Each provision and clause required by law to be inserted into the contract shall be read and enforced as though each were included. If through mistake of otherwise any such provision is not inserted or is not correctly inserted, the contract shall be amended to make such an insertion by either party.
14. INVOICE/ESTIMATE
The Contractor’s invoice/estimate is incorporated by reference. By signing the invoice/estimate you are acknowledging you have read and understood this agreement and agree to all terms.
15. COMPLETE AGREEMENT
This is the complete agreement between the Owner and Contractor for this Project, and it can only be changed by a signed writing by both parties. There is no agreement between the parties outside of this contract.
