Materials. All materials are guaranteed to be specified. Deviation from specified materials may take place when commercially reasonable depending on the availability of the materials, conditions of the premises, or requirements of the local building department. Buyer shall assume responsibility for all materials and equipment delivered to the job location. All surplus materials are the property of Miles Bradley and will be removed after job completion. Buyer will be subject to additional charges for surplus materials used or missing as of the finish date, and for extra materials should the job require more than anticipated.
Cancellation. The Buyer may cancel this Contract at any time before midnight of the third business day after the last date of execution of the Contract. If the Buyer cancels, any property traded in, any payments made by you under the contract sale, and any negotiable instruments executed by you will be returned after lets business days following the deposit of funds and receipt by the Miles Bradley of your cancellation notice, and any security interest arising out of the transaction will be canceled. The Buyer must make available to Miles Bradley 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 instruction of Miles Bradley regarding the return shipment of the goods at Miles Bradley’s expense and risk. If you make the goods available to Miles Bradley and they are not picked up within 20 business days of the date of cancellation, you may retain or dispose of the goods without any further obligation. If you fail to make the goods available to Miles Bradley, or if you agree to return the goods to Miles Bradley and fail to do so, then you remain liable for the performance of all obligations under the Contract.
If the Buyer cancels after this time, the Buyer will forfeit their down payment deposit. To cancel this transaction, mail, email ([email protected]), or deliver a written, signed, and dated notice of cancellation to Miles Bradley Building and Remodeling, Inc. at 2370 Medinah Ct., Commerce Twp., MI 48382.
Warranty. Warranty work to be done based upon our availability. All material failure and warranties are covered by the manufacturer. All material warranties are between the manufacturer and the homeowner. No warranty on gates. Low voltage wire damage due to animals is not covered under warranty. Under deck water management systems are not waterproof and will leak. Miles Bradley does not have any liability for the materials or labor necessary for repair. Labor performed under this Contract, such as design, construction, and/or remodeling is warranted for a term of 18 months from the finish date. Miles Bradley will repair or replace, at its option, any defective work. Repair or replacement shall be the Buyer’s exclusive remedy, and Miles Bradley shall not be liable for any consequential or incidental damages. Buyer hereby affirmatively represents and agrees to allow Miles Bradley access to the premises to complete any and all warranty work. It is hereby agreed that failure to provide access by the Buyer shall be a full and final waiver of Miles Bradley’s requirements to complete the applicable warranty work. The warranties provided in this Contract specifically exclude damages or defects caused by abuse, neglect, insufficient maintenance, improper operation, normal expansion and contraction of materials or other usual characteristics of materials, and any modifications to the work by the Buyer. Specifically excluded from this warranty are any color variation and material defects such as cracking, shrinkage, or any defect in materials. All other warranties, whether express or implied, including warranties of the merchantability or fitness for a particular purpose, are specifically excluded and Buyer hereby waives same. Miles Bradley will not warranty the existing deck under structures or decking movement due to reusing the existing deck under structures.
Payments. Payments may be mailed or delivered in person. The date of mailed payments shall be determined by its postmark date. Start payment is due within two
days after construction begins. Start payment sent by mail must be postmarked no later than two days after the start of work. Final payment and all remaining payments are due within two days after the finish date. Final payments paid by mail must be postmarked no later than two days after the work is completed. Only a maximum of $500.00 may beheld from the final payment for walk-through service and is due upon completion of service. All payments not received within (lue aforementioned time frame will be deemed late. No payment holdback or retentions will be allowed.
Late Payments and Charges. All late payments will receive a $50.00 late charge. Unpaid balances will receive an interest charge that will be equal to the lesser of 18% per year or the maximum allowed rate by current law at the time of signing of the contract. Unpaid balances remaining past due for over 30 days will receive a service charge of $75.00 per month. All returned checks will be assessed a $75.00 charge per occurrence.
Permits. This Contract accounts only for a standard building permit unless stated otherwise in the specifications box. Building variance is not included in this
Contract and will be in the Buyer’s obligation to obtain. The need for additional designed plans will cost up to $500.00 per plan. By accepting responsibility for building permits, Buyer thereby accepts responsibility for all costs associated with the permits, minted inspections, and/or code violations. All other required approvals, including without limitation, any architectural committee approvals or sub-approvals are the Buyer’s responsibilities. The Buyer shall pay for all costs associated with the failure to obtain any approvals prior to starting the project.
Start and completion dates. Time is not of the essence in this Agreement. Stated start or completion dates are determined as approximate dates only. The parties hereby acknowledge that, notwithstanding any representations by Miles Bradley or its agents to the contrary, Miles Bradley shall install all materials within a commercially reasonable time based upon the availability of labor, and materials, and subject to such uncontrollable delays as acknowledged hereinafter.
Strikes and Delays. Miles Bradley shall not be liable for delays caused by strikes, accidents, weather conditions, delays in obtaining materials or permits, conditions of the premises, requirements of the building department, and any such causes beyond its control. Buyer hereby waives any claim for damages by reason of
delay.
Hidden damages, existing violations, and unforeseen costs. Unforeseen hidden damages and existing building violations discovered on the premises after construction commences will become an extra charge over and above the estimate and may require additional schedule time. Miles Bradley shall reserve the right to stop or suspend performance and be held harmless if unforeseen hazardous environmental conditions are encountered on the property. ‘there will be an extra charge for any work not specified in this Agreement. Buyer will be responsible for any price increase in materials, or additional labor or materials which may be required should an unforeseen problem arise after work has started.
Sanding and Sealing. Sanding and sealing are not included in this agreement unless stated otherwise herein.
Cracks. Cracks are a normal occurrence in lumber. Only cracks that impair structural performance will be serviced for the warranty period
Detail Cleaning. Clean-up materials are included in this Agreement unless stated otherwise herein. If the Buyer obstructs the final clean-up there will be a $100.00 service charge for each time Miles Bradley or its agents or employees attempt thereafter to perform this final clean-up. Detail cleaning is excluded from this Agreement. Detail cleaning includes but is not limited to cleaning that requires sweeping, hosing, or hand wiping of surfaces, and removal of lumber /material stamps.
Deviation from plans. Deviation from plans may occur due to the unavailability of the materials, conditions of the premises, or requirements of the building department. Decking patterns may be altered from the plan without notice to the Buyer. No discounts will be made for altering decking patterns or size.
Underground Utilities. Miles Bradley is not responsible for hitting any utilities, marked or unmarked. Any Underground Utilities hit by Miles Bradley are the site homeowners responsibility including all costs associated. Miles Bradley will not be responsible for any damages resulting therefrom and Buyer hereby indemnifies and holds Miles Bradley harmless therefrom. Such utilities include but are not limited to sump pump linen and sprinkler lutes.
Damage to Buyer’s Property. Damage to the Buyers driveways and property of any kind done by third-party companies is between the Buyer and the company involved. The Buyer holds Miles Bradley harmless. Damage may occur to lawns, landscapes, and /or sprinkler lines for which Miles Bradley is not liable. Repairs to lawn or landscape will be the Buyer’s responsibility to repair. In addition, edging for gravel and altering soil grade are not included in this Contract, however, Miles Bradley, at its own discretion, can perform the repair for an additional charge not included in this Contract. Miles Bradley may elect to have the Buyer provide the required repairs to sprinkler systems at its discretion. Excavated Dirt will not be removed by Miles Bradley and is the homeowners responsibility.
Extended footings and tough digs. Normal footings depth is 42 incites deep and 8 inches wide. A normal footing takes no more than 30 minutes to dig. Unless stated otherwise herein, footings are required to be deeper than the aforementioned, or requiring more than 30 minutes to dig will become an unforeseen cost as addressed in paragraph 9.
Finish Date. The finish date is defined as when work is completed and not when work is inspected. Final payment may not be withheld for minor repairs or omissions. Omissions of options or requests from the Buyer for additional work to finish the product will be considered as a walk-through service.
Right to photo. Buyer hereby grants Miles Bradley permission to access the property for photographic purposes. Miles Bradley retains all rights and this permission to photograph the work performed under this Contract, and to use such photos for marketing or promotions or otherwise, without compensation to Buyer.
Sunroom Enclosures. Sunrooms are not to be used as full additions. Sunrooms are a three-season room that should only have exterior grade furnishings that would resist water. Miles Bradley does not guarantee against minor leaking of water from storm-style windows.
Survey. The Buyer is responsible for providing an accurate mortgage survey or plot plan. Miles Bradley does not take responsibility for inaccurate survey or plot plaits, or the damages that may occur therefrom.
Entire Agreement. Buyer hereby agrees that this Contract is the sole and entire agreement between the parties and that there is no understanding between the parties verbal or otherwise than contained in this Contract. This Contract may be modified only by a written document signed by both parties.
Jury Trial Waiver. The parties having had the opportunity to consult with independent counsel of their own choosing, hereby knowingly and voluntarily waive their right to trial by jury in any matter relating to this Contract and agree to trial by Judge.
