1. Performance: This Agreement only obligates Youngsville Hardware Heating and Air Conditioning (“Contractor”) to provide
the materials and services specially outlined in the Scope of Work identified on Page 1. The Scope of Work may be adjusted,
pursuant to written change orders in accordance with Paragraph 4 of the Terms and Conditions.
2. Customer Obligations: The Customer must obtain and maintain insurance coverage for liability, along with fire, tornado and
other insurance policies that may be requested of the Contractor.
3. Payment: The Customer shall pay 30% of payment upon acceptance of this Agreement, with the remaining balance, plus
any additional balance evidenced by change orders in accordance with Paragraph 4 be paid upon completion of the job. A 3%
transaction fee will added to the contract price if payment is made by credit card.
4. Change Orders:
(a) Customer, without invalidating the Agreement, may order changes in the Scope of Work related to the Project, consisting of additions, deletions, or other revisions, and the project price shall be adjusted accordingly, in writing. If Customer and Contractor cannot agree to a change in the project price, Customer shall pay Contractor its actual costs plus reasonable overhead and profit.
(b) If concealed or unknown physical conditions are encountered at the project site that differ materially from those on which the Scope of Work was based or from those conditions ordinarily found to exist, the contract sum shall be subject to equitable adjustment.
(c) If material costs have increased between time of the Agreement was signed and the time the materials were acquired by the Contractor, the Contractor reserves the right to adjust the contract price to reflect the increase of cost to materials.
6. Damages: The amounts due pursuant to this Agreement are in addition to any rights and remedies at law or in equity. Customer waives any right it my have to recover any indirect, special, exemplary, incidental, consequential, or punitive damages, including lost profits.
7. Warranties: THIS AGREEMENT CONTAINS NO WRITTEN OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE.
8. Interest: Interest will accrue on any amounts owed by Customer to Contractor pursuant to this Agreement at the rate of 2% monthly.
9. Enforcement: In the event there is any litigation or dispute between Customer and Contractor related to the Project or this Agreement, Customer agrees to indemnify, hold harmless, and pay Contractor for all of the attorney’s fees, expenses, and costs Contractor incurs by reason of such litigation or dispute.
10. Severability: In case any part or provision in the Agreement shall be held invalid, illegal, or unenforceable, the remaining provisions shall not in any way be affected to impaired thereby.
11. Binding Effect: This Agreement shall be binding on Customer, as well as its successors and assigns. If the individual or entity that owns fee simple title to the real property where the Project is located
12. Entire Agreement: This Agreement represents the entire and integrated agreement between Customer and Contractor, superseding all prior negotiations, representations, or agreements, either written or oral. The Agreement may be mended or modified only by a written modification.
