1.) DESCRIPTION OF SERVICES. Beginning on the date of the Signed Services Contract, CONTRACTOR will provide to CUSTOMER the flooring services described in the attached Work Order and/or Services Estimate (collectively, the "Services").
2.) SCOPE OF WORK. Contractor shall provide all labor and materials, unless some or all materials are provided by CUSTOMER, and perform all work necessary for the completion the flooring services specified in the Service Agreement. Any drawings, Service Estimates and specifications signed by both Service Recipient and Contractor are hereby made a part of the Service Agreement.
3.) PAYMENTS. Any payments shall be made to: Cesar's Floor Covering, Inc. Mesa, Arizona 85215.
For services totaling between $0.01 and $500.00 – Full Amount Due at Signing, unless otherwise stated in the Service Agreement.
For services totaling between $500.01+ - 50% Due at Signing; Remaining 50% Due upon Completion, unless otherwise stated in the Service Agreement.
If any invoice is not paid when due, interest will be added to and payable on all overdue amounts at 5 percent per year, or the maximum percentage allowed under applicable laws, whichever is less. Customer shall pay all costs of collection, including without limitation, reasonable attorney fees.
In addition to any other right or remedy provided by law, if Customer fails to pay for the Services when due, Contractor has the option to treat such failure to pay as a material breach of this Contract, and may cancel the Service Agreement and/or seek legal remedies.
4.) LENGTH OF CONTRACT. The Service Agreement will terminate automatically after two years from the date of completion of services outlined in the Exhibit / Work Order. Contractor will possess original copies of this agreement in either hard copy or digital form for the length of seven years after completion of services.
5.) PERMITS. Contractor may assist in applying for and obtain such permits and regulatory approvals as may be required by the local municipal/county government, the cost thereof shall be included as part of the Project price. It is the Customer’s responsibility to be compliant according to regulations of local laws, as well as any HOA Rules / CC&R applicable.
6.) VINYL FLOORING INSPECTION & REMOVAL: Contractor does not remove vinyl flooring in homes built before 1985 because such flooring might contain Asbestos. By signing the Service Agreement, Customer represents that the vinyl flooring to be removed has been thoroughly inspected for Asbestos, and if found, has been professionally removed by a Licensed Asbestos Removal Company.
If Customer is unsure of vinyl flooring installed prior to 1985 is present, customer gives Contractor the right to inspect the sub-floor. This may involve pulling up existing carpet, hardwood or tile. Contractor will use their best efforts to inspect a minimal area out of plain sight. Failure to allow Contractor to perform this initial inspection may forfeit some or all services outlined in the Service Agreement.
If Asbestos is present, it is solely the Customer’s responsibility to have it removed by a Licensed Asbestos Removal company and receipt of completion to be provided to Contractor prior to any work being performed by Contractor.7.) MATERIALS WARRANTY – Unless products are manufactured by Cesar’s Floor Covering, Inc., any defects in products, or materials used in the installation, will be remedied by the manufacturer of that product, abiding by their product warranty guidelines. Cesar’s Floor Covering Inc. will use its best efforts to work together with the Customer in a timely matter to solve any issues with repairing, or replacing, defective materials. In the event products, or materials, need to be replaced, the Estimated Completion Date may be changed to compensate for any shipping, or product acclimation, times required. 8.) LABOR WARRANTY – Cesar’s Floor Covering, Inc. warranties its craftsmanship for the length of one (1) year, starting on the date of completion, for services outlined in this Service Agreement / Work Order.
9.) LIABILITY. Contractor shall maintain General Liability, Workers Compensation and Builder's Risk insurance.
Cesar's Floor Covering, Inc. shall provide its services and meet its obligations under the Service Agreement in a timely and workmanlike manner, using knowledge and recommendations for performing the services which meet generally acceptable standards in Cesar's Floor Covering, Inc.'s community and region, and will provide a standard of care equal to, or superior to, care used by service providers similar to Cesar's Floor Covering, Inc. on similar projects.
The occurrence of any of the following shall constitute a material default under the Service Agreement:
In addition to any and all other rights a party may have available according to law, if a party defaults by failing to substantially perform any provision, term or condition of the Service Agreement (including without limitation the failure to make a monetary payment when due), the other party may terminate the Service Agreement by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have 15 calendar days from the effective date of such notice to cure the default(s). Unless waived by a party providing notice, the failure to cure the default(s) within such time period shall result in the automatic termination of the Service Agreement.
10.) FORCE MAJEURE. If performance of the Service Agreement or any obligation under this Service Agreement is prevented, restricted, or interfered with by causes beyond either party's reasonable control ("Force Majeure"), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lock-outs, work stoppages, or supplier failures. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.
Any controversies or disputes arising out of or relating to the Service Agreement shall be resolved by binding arbitration in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association. The parties shall select a mutually acceptable arbitrator knowledgeable about issues relating to the subject matter of the Service Agreement. In the event the parties are unable to agree to such a selection, each party will select an arbitrator and the two arbitrators in turn shall select a third arbitrator, all three of whom shall preside jointly over the matter. The arbitration shall take place at a location that is reasonably centrally located between the parties, or otherwise mutually agreed upon by the parties. All documents, materials, and information in the possession of each party that are in any way relevant to the dispute shall be made available to the other party for review and copying no later than 30 days after the notice of arbitration is served. The arbitrator(s) shall not have the authority to modify any provision of the Service Agreement or to award punitive damages. The arbitrator(s) shall have the power to issue mandatory orders and restraint orders in connection with the arbitration. The decision rendered by the arbitrator(s) shall be final and binding on the parties, and judgment may be entered in conformity with the decision in any court having jurisdiction. The agreement to arbitration shall be specifically enforceable under the prevailing arbitration law. During the continuance of any arbitration proceeding, the parties shall continue to perform their respective obligations under the Service Agreement.
11.) ENTIRE AGREEMENT. The Service Agreement contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement whether oral or written concerning the subject matter of the Service Agreement. The Service Agreement supersedes any prior written or oral agreements between the parties.
If any provision of the Service Agreement will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of the Service Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.
The Service Agreement may be modified or amended in writing, if the writing is signed by the party obligated under the amendment.
12.) GOVERNING LAW. The Service Agreement shall be construed in accordance with the laws of the State of Arizona.
13.) WAIVER OF CONTRACTUAL RIGHT. The failure of either party to enforce any provision of the Service Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of the Service Agreement.
14.) NOTICE OF RIGHT TO FILE COMPLAINT WITH ARIZONA REGISTRAR OF CONTRACTORS. If the total amount of the Service Agreement exceeds one thousand dollars, the Customer has the right to file a written complaint with the Arizona Registrar of Contractors for an alleged violation of Arizona Revised Statutes, Section 32-1154, subsection A. Any complaint must be made within the applicable time period set forth in the Arizona Revised Statutes, 32-1155, subsection A.
15.) PHOTO RELEASE. Customer grants Contractor and Contractor’s employees the right to take photographs of the Premises where Installation Services will be performed and that all work performed at the Premises related to the Service Agreement, and irrevocably grants to Contractor all rights, title, interest in and to the photographs for use in all markets and media, worldwide, in perpetuity. Customer authorizes Contractor to copyright, use and publish the photographs in Print and / or electronically, and agrees that Contractor may use such photographs for any lawful purpose, including, but not limited to, marketing, advertising, publicity, illustration, training and online website content.16.) CLOSING. By signing the Service Agreement, you certify that you (Client) have read the entire agreement, that you know and understand the meaning and intent of the Service Agreement and that you are entering the Service Agreement knowingly and voluntarily. *** A PHOTOCOPY OF THE SERVICE AGREEMENT SHALL BE VALID AS AN ORIGINAL*** v1 Sept 2017