TERMS & CONDITIONS
1) Homeowner will be responsible for obtaining and maintaining any public liability or property damage insurance as may be necessary, including rain, fire, tornado, windstorm and hail, to protect it against claims for damages for personal injury, accidental death and to property, arising from the work performed under this contract, Gamez Construction shall have no responsibility for such damages.
2) Any alteration or deviation from the specifications on the reverse hereof involving extra costs will be executed only upon written change orders and will become an extra charge over the final contract price determined by mutual agreement between the parties
3) This agreement shall expire 30 days from the date submitted unless extended in writing by Gamez Construction
4) Gamez Construction will not be held liable for failure, delays or damages caused by strikes, labor shortages or controversies, changes in work, fires, weather, inability to obtain or delays in obtaining materials from usual sources, or other conditions beyond the control of Gamez Construction.
5) Gamez Construction is not responsible for damage to any items in Homeowner’s attic where work is performed any valuables should be covered or moved by Homeowner. Gamez Construction will not be responsible for minor damage to building structure or landscaping which occurs during the normal course of work performed.
6) Gamez Construction shall use reasonable efforts to protect existing landscaping, exterior siding, gutters and other building components from damage. Gamez Construction will be responsible for minor damage to building structure or landscaping which occurs during normal course of work performed
7) Gamez Construction is not responsible for imperfections on home/building that exist prior to new application, unless arrangements are made to repair it.
8) All material is guaranteed to be as specified and information is obtainable through manufacturer.
9) Homeowner agrees to allow Gamez Construction the use of onsite utilities, i.e.: water and electric, reasonably necessary to complete described work.
10) Gamez Construction will provide Homeowner a limited warranty against leakage, the terms, conditions and limitations of which shall be set forth its standard Limited Warranty provide to Homeowner upon Homeowner’s compliance of this agreement, including complete and prompt payment of all amounts due. The Limited Warranty is in lieu of all other warranties or guarantees, express, implied, or statutory and Gamez Construction disclaims all other warranties. No oral or written information or advice given by Gamez Construction, its agents, reps, or employees shall create a warranty or in way increase the scope of the Limited Warranty, and may not rely on any such information or advice.
11) The liability of Gamez Construction for any claims arising out of this Agreement, regardless of the form of action, shall not exceed the amount paid by Homeowner to Gamez Construction under this Agreement
12) This Agreement consisting of this page and the reverse side of this page contains the entire Agreement between the parties hereto. Homeowner agrees that no representation, promise, express or implied have been made to Homeowner with respect to the materials and services covered by this greement, except as contained herein and that no modification or alteration of this Agreement will be binding, unless endorsed herein in writing by the parties herein.
13) In the event legal action is required to enforce payment, Homeowner will be responsible for all attorney fees and any court costs incurred in bringing legal action and/or enforcing any judgment granted therein, plus interest at the legal rate from the date of accrual of such fees and costs. All of which shall be deemed to have accrued upon the commencement of such action and shall be paid whether or not such action is prosecuted to judgment. Any judgment or order entered in such action shall contain a specific provision providing for the recovery of attorney fees and costs incurred in enforcing such judgment.
14) Gamez Construction’s rights and remedies are cumulative and not alternative. Waiver of any default will not constitute waiver of any subsequent default. Any provision hereof found to be invalid under applicable law will be invalid only with respect to the offending provision. In the event that any provision, or any portion thereof of this Agreement is determined by competent judicial, legislative or administrative authority to be unenforceable or prohibited by law, then such provision or part thereof shall be ineffective only to the extent of such determination or prohibition, without invalidating the remaining provisions of the agreement. All words used herein will be construed to be of such gender and number as the circumstances require.
15) Gamez Construction assumes no responsibility for securing any license, permit or other authorization to do the work, labor and services specified, except as otherwise provided for the face page of this Agreement.