1. Satisfaction Guarantee: The satisfaction guarantee means that Contractor will exercise every reasonable effort to satisfy the customer, as identified on front (customer), completely. It is Contractor’s intent that all work will be completed in a professional manner according to standard practices and local requirements, and unless due to delays beyond Contractor’s control, completed by the project completion date on the front of this invoice. If customer is not satisfied completely with the work performed, Contractor will use its best efforts to rectify the situation in a reasonable manner and customer agrees to allow Contractor to do so prior to hiring others to rectify the situation.
2. Limited Warranties: Contractor (as defined in the quote) warrants all labor and material
installation for one year from date of service. Excluding material manufacture defect. There are no other warranties beyond those described in this document, including warranties of merchantability and fitness, which are herby disclaimed. Warranty Claims: In the event of a breach of any warranty set forth above, Contractor will fix, repair or replace the item at issue at no additional cost to the customer.
3. Warranty Exclusions and Limitations: IN NO EVENT WILL CONTRACTOR BE LIABLE TO ANYONE FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING FROM ANY CLAIM BASED ON WORK OR MATERIALS PROVIDED TO CUSTOMER, EVEN IF CONTRACTOR WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Contractor’s maximum liability shall be limited to the amount of the charges paid by customer for the defective work or materials provided by Contractor. No warranty shall be transferable. Client soliciting an employee or agent of Contractor for additional work separate from Contractor voids all warranties. All warranties will be void if customer alters any work performed by Contractor or if the customer stops any work being performed by Contractor before completion of the work. Failure to pay the full amount due, when due, will void all warranties. Contractor does not warranty client-provided materials.
4. Materials: Materials may be provided by Client, or at Client’s request, Contractor will purchase the materials and deliver them to the job site. Materials purchased by Client are not warranted by Contractor. If Contractor purchases the materials, the costs of the materials plus an industry standard markup for handling services will be charged to Client in addition to the labor costs. Reasonable shopping time for materials that Contractor purchases are charged at the normal labor rate identified on the front of this invoice. Shopping time may be affected by special circumstances, such as exceptionally heavy/bulky materials, unique/hard to find items, or special customer requests, product research and multiple stores/trips. Contractor will use its best efforts to match style, paint, texture, stain, or other existing conditions when obtaining materials to match or coordinate with other existing items on the properly or other new items being installed, but there is no guaranty it will be able to do so in all circumstances. Contractor shall also be entitled to charge Client the cost of shop provided materials. The cost for any special order materials specified by Client and ordered by Contractor shall be non-refundable and due and payable to Contractor regardless of their incorporation into the work. Contractor’s warranty only extends to the installation of any materials. Customer agrees that any defect in the materials provided is subject only to any manufacturer warranty.
5. Specialty Equipment and Tools: The Contractor will normally have all equipment and tools necessary to perform the project. Some projects, however, may require specialty equipment or tools in order to properly and efficiently perform the job. Payment of any charges incurred by Contractor for such equipment shall be the responsibility of Client.
6. Debris: Client is responsible to designate a place to put debris. Haul away service is not included unless stated on the front of this invoice. If requested by customer, normal labor rates will apply for clean up, loading and disposal. Dump fees may also apply and will be added to the invoice total.
7. Hidden Site Conditions: “Hidden site conditions” are defined as subsurface or other physical conditions that are not visible upon normal inspection before work is undertaken. Upon discovery of a hidden site condition, Contractor will promptly notify the customer and if the conditions cause an increase in Contractor’s cost or time required for performing any part of the work, an equitable adjustment shall be made to this invoice. Contractor reserves the right to stop all work once a hidden site condition is discovered until authorization to proceed is obtained from customer. A hidden site condition may delay the completion of the project past the projected completion date set forth on the front of this invoice.
8. Force Majeure: If performance of any obligation under this contract by the Contractor is prevented, restricted, or interfered with by causes beyond either party’s reasonable control (“Force Majeure”), any delays caused by such events do not constitute abandonment by the Contractor and such delays are not included in the specified time frames indicated on the front of this invoice relating to payment or performance. The term Force Majeure shall include, without limitation, acts of God, fire, explosion, vandalism, storm, casualty, illness, general unavailability of materials 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 Contractor is not liable for any damages resulting from delay due to such events.
9. Solicitation: It is agreed that customer shall, under no circumstances, solicit or attempt to solicit an employee or subcontractor from Contractor to do work directly for a customer. Any attempt to do so will void all warranties and give Contractor the right to cease all work for Client
10. Insurance: Contractor carries full Worker’s Compensation and Liability Insurance. Owner of the premises or customer are expected to carry usual property insurance. Contractor shall not be liable for any claims that would normally be handled by property insurance if customer fails to carry such insurance.
11. Permit: Contractor shall act as agent of the Client to obtain all necessary building permits. Contractor shall apply for and obtain any other necessary permits and licenses required by the local municipal/county government to do the work, the cost thereof shall be included as part of the Payment to Contractor under this Contract. The Contractor agrees to comply with all local requirements for building permits, inspections, and zoning.
12. Modification: Any modification to this contract, which changes the cost, materials, work to be performed, or estimated completion date, must be in writing and signed by all parties. Such modifications will constitute a “Change Order” and shall become part of this contract. Client agrees to pay any increase in the cost of work or materials provided by the Contractor as a result of any written Change Order signed by Client.
13. Payment: Payment for labor and materials is due upon completion. Unless the Work is performed on a Time and Materials basis, Client agrees that he or she is not entitled to itemization of each and every charge incurred. In the event payment is not made in a timely manner, Contractor shall have the right to cease work until such time as payment is made. Completion is defined as the room/area being in a usable condition, with usable condition meaning the room/area is usable for its general purpose. Payment may be made by cash, check, or credit cards (cards accepted are MasterCard, Visa, AMEX and Discover). If payment is not received as stated, the credit card on file will be used to pay balance owed. Payment of amount due is conclusive evidence that customer has accepted the work as satisfactory. All sales are final and no refunds shall be made in any circumstances upon completion of job.
14. Insufficient Fund Checks: Contractor shall charge the lesser of $50 or the maximum permitted by applicable law for all checks returned for insufficient funds or stop payment.
15. Interest: In the event payment is not made as agreed above, interest on all unpaid balances shall accrue at the higher of 3% per seven days after the completion of the work or the highest rate permitted by law, beginning 7 days after the date the job was completed.
16. Collection Costs: If legal action is taken to collect unpaid funds, customer agrees to pay all costs and expenses of collection, including reasonable attorney’s fees. Reasonable attorney fees shall be defined as the greater of 33% of the unpaid balance or the total attorney fees incurred by Contractor at its attorney’s customary hourly rate.
17. Dispute Resolution: Client and Contractor shall cooperate with one another in avoiding and informally resolving disputes between them. However, if the parties cannot resolve a dispute informally, all claims, disputes and other matters, in dispute between the parties, arising out or relating to this contract or any breach or alleged breach of this contract, will be decided in the Circuit Court or General District Court of Henrico County, Virginia. The Parties hereby consent to jurisdiction and venue in these Courts.
18. Authorization: By signing this invoice, customer represents that he/she is the property owner or, if not, is authorized by the property owner to authorize the work to be performed on the front of this invoice. A facsimile, or .pdf signature shall serve as an original for the purposes hereof. Further, Client hereby releases Contractor to take photos of the property and the work for use in marketing, social media or other advertising Materials.
19. Marketing Consent: By signing this agreement, the Customer provides express consent for
Z Line Home Services to contact them through various marketing channels, including but not limited to phone calls, voicemail, SMS (text messages), direct mail, digital ads, and emails. These communications may include promotional offers, service updates, and other information relevant to the services provided by Z Line Home Services. The Customer acknowledges that consent is voluntary and can be withdrawn at any time by notifying Z Line Home Services in writing or via email at the contact details provided in this agreement. Standard messaging and data rates may apply for SMS and voicemail communications, as determined by the Customer’s mobile carrier. Z Line Home Services will handle all customer information in compliance with applicable privacy laws and regulations.
20. Cancellation: IF THIS AGREEMENT WAS SOLICITED AT A RESIDENCE AND YOU DO NOT WANT THE GOODS OR SERVICES, YOU, THE BUYER (OWNER) MAY CANCEL THIS TRANSACTION AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE OF THIS TRANSACTION.
21. Entire Agreement: This contract constitutes the entire agreement between the parties regarding the subject matter. Any and all prior communications of any nature or kind whatsoever between the parties not contained herein are void and of no effect. This agreement may not be altered except by a written document subsequently signed by both parties as outlined above.
22. Virginia Contractor Transaction Recovery Fund: The Contractor Transaction Recovery Act provides relief to eligible consumers who have incurred losses through the improper and dishonest conduct of a licensed contractor. The Contractor Transaction Recovery Fund is a payer of last-resort for consumers taken advantage of by Virginia-licensed residential contractors. Additional information regarding the Virginia Contractor Transaction Recovery Fund and how to file a claim can found at the website: www.dpor.virginia.gov/Boards/Contractors_Recovery_Fund or by contacting the Department of Professional and Occupational Regulation via phone number: (804) 367-1559 or email: RecoveryFund@dpor.virginia.gov.
