STANDARD CONTRACT FOR PROPERTY IMPROVEMENT OR REPAIR

Revision 2016-09-26


  • Parties

    This Contract is made between the Property Owner, who has placed an order (“Order”) with the Contractor for a property improvement or repair service (“Service”) via ServiceWhale.com online marketplace (“Website”), and the Contractor, who has agreed to deliver the Service to the Property Owner for the Price and per the terms indicated in the Order.

    This Contract is deemed executed by the Contractor at the time when the Contractor confirmed the Quote for the Service and by the Property Owner at the time when the Property Owner placed the Order for the Service. The effective date of the Contract is the date of placement of the Order. Contact information of the Parties, address of the service delivery, description of equipment (if applicable), materials (if applicable) and work included in the ordered Service are detailed in the other Order Documents, which were provided to both Parties via the Website and should be considered addenda to this Contract.

    If the Property Owner owns the Property jointly with one or more other co-owners, the decisions and actions of each co‑owner is binding to all other co-owners.

    ServiceWhale Inc. (owner and operator of the Website) is not a party to this Contract.

  • Order Documents

    The Order Documents include:

    • Standard Contract. This document together with Exhibits “A” and “B” attached to and incorporated in this Standard Contract. All other Order Documents should be considered addenda to the Standard Contract, supplementing and/or overriding its terms.
    • Standard Scope of Work. Describes the work to be performed, equipment (if applicable), parts and materials included in the Service. Items not expressly included should be assumed excluded.
    • Service Provider-Specific Terms. Additional terms for this Service from the Contractor, supplementing and/or overriding terms of items (1) and (2) above.
    • Quote Details. Includes the firm fixed Price for the work, equipment (if applicable), parts, and materials, and other details of Contractor’s Quote (offer) in response to Property Owner’s request.
    • Request Details. Details of the Service requested by the Property Owner.
    • Conversation. History of discussion regarding this Service between the Property Owner and the Contractor via the Website, made prior to the placement of the Order by the Property Owner.
    • Order Confirmation. Includes the job location and the contact information of both Parties.

    The document number above reflects its priority. In case of a discrepancy between documents of the same Order, the document with a higher number has a priority over the document with a lower number.

  • Scope of Work

    The Contractor will furnish the equipment (if applicable), materials and labor necessary to complete the Service outlined in the Order Documents listed above. If not stated otherwise in other Order Documents, all equipment and materials should be brand new (not used) and should be included into the Order Price.

  • Changes to the Scope of Work

    All changes must be in writing and signed by all the parties. The Parties agree that changes resulting in the furnishing of additional labor, materials or equipment (or labor / materials / equipment substantially different from the ones detailed in the Order Documents) will be done at an additional cost, which should be agreed upon between the Parties upfront in writing.

  • Permits, Licenses, and Approvals

    The Contractor will obtain and pay for local building and construction permits, and will obtain and pay the fees for the governmental inspections that are necessary for the work to be done at no extra cost to the Property Owner, except as otherwise provided in the Order Documents.

    The Property Owner will secure and pay for any easements, variances, zoning changes, necessary modifications of restrictive covenants, or other actions required to deliver the Service. If requested by the Contractor, the Property Owner will indicate the property lines to the Contractor and will provide boundary stakes by a licensed land surveyor if the Property Owner is in doubt about the property boundaries.

  • Insurance and Risk of Loss

    The Property Owner agrees to maintain insurance covering property damage, the replacement cost of the improvements under contract in the event of loss through fire, casualty, storm or other disasters, and theft of materials or equipment from the site in such amount as may be customary for a property of a comparable size and type in the locale where the Property Owner’s property is located. Before work begins, the Property Owner will furnish a certificate of that insurance to the Contractor upon request.

    If the Service involves installation of any equipment, once such equipment is connected at the Property Owner’s property, the Property Owner assumes all risk of loss or damage to such equipment.

    The Contractor agrees to maintain liability insurance to protect the Property Owner from liability claims for damages because of bodily injury, including death, and insurance covering property damage caused by the work of a home improvement contractor, each in an amount not less than $50,000. Additionally, if the Contractor has employees, it agrees to maintain workers’ compensation insurance. Before beginning the work, the Contractor will furnish relevant insurance certificates to the Property Owner upon request.

  • Access

    The Property Owner will allow free access to work areas for workers and vehicles of the Contractor and will allow areas for the storage of materials and debris. Driveways will be kept clear for the movement of vehicles during work hours. The Contractor will make reasonable efforts to protect driveways, lawns, shrubs, and other vegetation.

  • Site Conditions

    The Property Owner acknowledges that this contract is based upon the Contractor’s observation of site conditions. Conditions which could not be known by a reasonable inspection, such as termite damage, hidden water damage, hidden code violations, or other concealed conditions, may require extra labor or materials, which are not part of this contract. If such hidden conditions are discovered, the Contractor will notify the Property Owner and will attempt to reach an agreement for a change order to this contract that addresses those problems.

  • Payment for Service

    The Property Owner will pay the Order Price to the Contractor for all labor, materials and equipment (if applicable) spelled out in the Order Documents and as described in the payment schedule.

    The Property Owner will make such payment(s) to the Contractor directly, not through the Website.

    If not agreed otherwise by the Parties, the payment(s) should be made by personal checks.

  • Payment Schedule

    If not stated otherwise in other Order Documents and the Order Price is $300 or less, the Property Owner will pay 100% of the Order Price immediately upon the full completion of the Service (including resolution of punch list items, if any).

    If not stated otherwise in other Order Documents and the Order Price is greater than $300, payments for the work will be due as follows:

    • A deposit in the amount of 50% of the Order Price will be due at the first meeting between the Property Owner and the Contractor prior to beginning of work.
    • The final payment of the balance will be due within 7 days of the full completion of the Service (including resolution of punch list items, if any).

    If payments due to the Contractor are not paid in accordance with the agreed payment schedule, the Contractor may suspend work until the scheduled payment is made.

    If a lien was placed by the Contractor on the Property Owner’s property, the Contractor will deliver a lien release to the Property Owner at the time of the final payment.

    If not stated otherwise in other Order Documents, the Contractor may charge the interest at the rate of one and one half percent (1.5%) per month (annual rate of 18%) on all overdue balances.

    Title to all provided equipment (if any) remains with the Contractor until all amounts due for the Service are paid in full, whether such equipment is affixed to the property or not.

  • Final Inspection

    Upon notification by the Contractor of substantial completion of the work, the Property Owner and the Contractor will inspect the work performed, and at that time the Property Owner will prepare a punch list that identifies any incomplete work or deficiencies in workmanship, materials or equipment (if applicable).

    The Property Owner may retain the value of the final payment until the punch list items are complete.

    Completion of the punch list items should be made no later than within 7 days from the date of the punch list preparation, if not agreed otherwise between the Parties.

  • Warranties

    The Contractor guarantees the work will meet trade standards of good workmanship. The Contractor warrants that materials to be used are of good quality. The Contractor will maintain all manufacturers’ warranties for equipment (if applicable).

    The Property Owner is limited to the manufacturers’ warranties for defects in the manufacture of equipment, components and materials.

    If not stated otherwise in other Order Documents, the Contractor’s warranty for labor and materials is 12 months. The Contractor’s warranties are limited to the cost of labor and materials only, and exclude ordinary wear and tear, lack of proper maintenance and improper use. If the Service involves installation of equipment, the further proper maintenance of such equipment is responsibility of the Property Owner.

    If not agreed otherwise, all warranty work will be performed during Contractor's normal business hours.

    There are no warranties, expressed or implied, for existing equipment, structures or materials not installed by the Contractor as part of the Service.

  • Dispute Resolution

    If any conflicts arise, the Parties will cooperate in good faith to resolve them informally. In the event that is not possible, the conflict will be resolved by a body (such as a court or an arbitrator) chosen by the party who initiated the dispute. The conflict should be decided upon according to the laws of the state and the building codes of the municipality where the property is located. Each Party to this contract is responsible for its/his/her own costs and fees, including attorneys’ fees, incurred in connection with such dispute.

  • Force Majeure

    The Parties shall not be liable for any default caused by events beyond their control, including but not limited to, fire, flood, strikes or accidents.

  • Execution

    The Parties have read and understood this entire contract, including all Order Documents. The Parties acknowledge that this document together with other Order Documents constitutes the entire agreement between the parties with regard to the ordered Service. This contract becomes binding upon the Property Owner placing an Order with the Contractor on the Website.

  • Right of Rescission

    The Property Owner may cancel this transaction at any time prior to midnight of the third (3rd) business day after the date of placement of the Order. See the notice of cancellation form attached to this contract as Exhibit “B” for an explanation of this right.





Exhibit “A”

Additional Terms of Contract

Recommended to be signed by the Parties at the first meeting prior to beginning of work.

The form may be modified by the Parties to reflect applicable state/local requirements.

Date of Agreement: ________________________

1. Contractor Information:

Name: _______________________________________________________________

Address: _____________________________________________________________

_____________________________________________________________________

Telephone Number: _____________________________________________________________________

2. Property Owner Information:

Name: _______________________________________________________________

Address: _____________________________________________________________

_____________________________________________________________________

Telephone Number: _____________________________________________________________________

3. Job Location:

_____________________________________________________________________

_____________________________________________________________________

4. Approximate start date for work: ___________________

Approximate completion date for work: ______________

5. Current amount of insurance coverage maintained by the Contractor at the time of signing the contract is:

A) Personal Injury - $ ____________ ; and B) Property Damage - $ _____________.


SIGNATURE OF CONTRACTOR

(or sales person on behalf of Contractor)



X______________________________

SIGNATURE OF PROPERTY OWNER

(or his/her agent or other contracted party)



X______________________________




Exhibit “B”

Cancellation Notice / Waiver

In accordance with the consumer protection laws effective in most states, you, the Property Owner, may cancel this transaction, without any penalty or obligation, within three business days from the date of the order. If you cancel, any property traded in, any payments made by you under the contract or sale, and any negotiable instrument executed by you will be returned within ten business days following receipt by the Contractor of your cancellation notice, and any security interest arising out of the transaction will be cancelled.

If you cancel, you must make available to the Contractor 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 instructions of the Contractor regarding the return shipment of the goods at the Contractor's expense and risk.

If you do make the goods available to the Contractor and the Contractor does not pick them up within twenty days of the date of your notice of cancellation, you may retain or dispose of the goods without any further obligation. If you fail to make the goods available to the Contractor, or if you agree to return the goods to the Contractor and fail to do so, then you remain liable for performance of all obligations under the contract.

If you have not waived your right to cancel this transaction and wish to cancel it, mail or deliver a signed and dated copy of this cancellation notice (under Option 1) or any other written notice, or send a telegram, to the Contractor until the midnight of the third (3rd) business day following the date when you place your order.

To waive your right to cancel this transaction, sign and date this notice under Option 2 and deliver it to the Contractor.

Option 1: I hereby cancel this transaction:



................................... (Date)              .........................................................................................................

Property Owner’s Signature



Option 2: Being fully aware of my right to cancel this transaction by timely exercising Option 1 above, I hereby WAIVE my right to cancel this transaction:



................................... (Date)              .........................................................................................................

Property Owner’s Signature