Service Agreement

CONTRACTOR LICENSE NOTICE

Contractors are required by law to be licensed and regulated by the Contractors State License Board, which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors State License Board.

SITE CONDITIONS

If CONTRACTOR must obtain access to other properties in the course of work, CUSTOMER shall secure permission for such access and hold harmless and indemnify CONTRACTOR and its employees and agents against all actions and consequences arising from or relating to the use of said properties, including but not limited to damage done in the normal course of work, excluding negligence, and for securing said property and its contents during and after work.

CUSTOMER shall secure, remove, and protect all property and its contents, including but not limited to adults, children, animals, fitness equipment, electronics, cabinets, fixtures, flooring, walls, tiling, carpets, drapes, furniture, and vegetation during and upon completion of work. CUSTOMER shall hold harmless and indemnify CONTRACTOR, its employees, and agents against all claims arising out of CUSTOMER’S failure to do so.

I hereby authorize and give West Electric permission, as reasonably necessary, to move items in order to perform the work, including but not limited to fitness equipment, electronics, cabinets, fixtures, flooring, walls, tiling, carpets, drapes, furniture, and vegetation.

LIMITED WARRANTY

CONTRACTOR warrants its materials and workmanship to be free from defects for one year after performance unless otherwise specified in writing.

This warranty does not cover faults caused by misuse, negligence, or damage caused by acts of God, including but not limited to earthquakes. In the event that a manufacturer offers a warranty, said warranty shall negate and supersede CONTRACTOR’S warranty to the extent applicable.

This warranty is the only warranty provided by CONTRACTOR to CUSTOMER and is in lieu of all other warranties, expressed or implied. All warranty obligations are void and shall not be honored if any portion of the proposal is not completed by West Electric for any reason due to third-party interference or contamination.

CUSTOMER shall telephone CONTRACTOR within twenty-four (24) hours of discovery of any warranty claim. CONTRACTOR will respond with reasonable promptness between the hours of 9:30 a.m. and 4:30 p.m., Monday through Friday, excluding holidays.

CONTRACTOR shall not be liable for water or other damage resulting from any defect or delay in responding to said warranty. CUSTOMER must take reasonable steps to mitigate damages.

CONTRACTOR shall not be liable for lost profits, incidental, special, exemplary, indirect, or consequential damages resulting from any work performed or any problem, whether or not covered by this limited warranty.

UNFORESEEN CONDITIONS

If conditions and/or circumstances are encountered at the job site which are (1) concealed physical conditions or unknown physical conditions of an unusual nature that differ materially from those that are visually ascertainable, CUSTOMER agrees to accept responsibility for such conditions and circumstances outside the control of CONTRACTOR and further agrees to pay for any additional labor or materials, including repair to damaged equipment of CONTRACTOR and other electrical components caused by such conditions and/or circumstances.

It is the intent of this provision to make CUSTOMER responsible for all (1) unforeseen and concealed conditions and (2) conditions that CONTRACTOR cannot control. Accordingly, CUSTOMER further agrees to hold CONTRACTOR harmless and shall indemnify and defend CONTRACTOR and all its agents and employees from and against all claims, damages, losses, and expenses, including but not limited to attorney fees and consequential damages, arising out of or resulting from the performance of CONTRACTOR’S work involving, affecting, or relating to such unforeseen or concealed conditions, regardless of whether such damages are caused in part by CONTRACTOR.

ASBESTOS OR OTHER HAZARDOUS MATERIALS REMEDIATION WORK

CONTRACTOR has no information whatsoever with respect to asbestos or other hazardous materials or substances in any portion of CUSTOMER’S property and has not conducted any investigation in connection herewith.

CONTRACTOR does not perform asbestos or other hazardous materials or substance removal, and CONTRACTOR shall have no responsibility whatsoever. CUSTOMER expressly releases CONTRACTOR from any liability whatsoever and from any claims arising out of the presence, release, remediation, or removal of such materials, and for any costs, losses, or damages CUSTOMER may suffer or sustain if such materials are found to exist on CUSTOMER’S property.

In the event asbestos or other hazardous materials or substances are found to exist on CUSTOMER’S property, or if, in order to obtain a building permit for the work to be performed by CONTRACTOR as set forth herein, any remediation action or work, including investigation, is required to be performed on CUSTOMER’S property concerning asbestos or other hazardous materials or substances, all work by CONTRACTOR will cease until such time as CUSTOMER has, at CUSTOMER’S sole expense, caused said asbestos or other hazardous materials or substances to be removed in compliance with all applicable laws relating thereto.

RECOMMENDATION NOT PERFORMED

If suggested options are not chosen by CUSTOMER and a failure is experienced, CONTRACTOR is held harmless.

LICENSE, PERMITS, FEES

CUSTOMER shall furnish and pay, at their own expense, all taxes, permits, and license fees required to legally perform the repair work in accordance with this Agreement.

A service charge of $199 plus actual permit fee(s) will be charged in addition to any proposal if West Electric is required to pull permit(s).

Access to the property for an agent of the administrative authority must be provided within a reasonable time. Should reasonable access not be provided, it may result in additional charges to CUSTOMER.

If, at the time the administrative authority asks for additional work not related to our original contract, that work is the responsibility of CUSTOMER.

CONTRACTOR will provide an additional fixed price for such work. The original balance must be paid in full before correction work can be performed.

All notices related to work performed by CONTRACTOR that are sent to the property owner must be forwarded to CONTRACTOR, and a reasonable amount of time must be allowed for processing.

PAYMENT

All work is done on a fixed-price basis. The price includes materials, tax, and labor. NO BREAKDOWN WILL BE PROVIDED.

Payment for the work described herein this Agreement shall be immediately due upon completion of the work and shall not be dependent on official inspection or approval by a third party.

Payment is not dependent on additional work or proposals, progress of an ongoing job, or completion of work by other trades.

No deduction shall be made from payments due CONTRACTOR on account of penalties, liquidated damages, back charges for alleged defective work, or other sums withheld from payments to other contractors, or on account of the cost of changes or defects in the work.

Furthermore, CUSTOMER agrees and recognizes that payment for services rendered by CONTRACTOR when due is an express condition precedent to CONTRACTOR continuing work as herein described in this Agreement.

CUSTOMER recognizes that failure to pay for services when due shall entitle CONTRACTOR to terminate work immediately. In the event CONTRACTOR terminates work for non-payment as herein described, CONTRACTOR shall be entitled to all reasonable expenses, including but not limited to the cost of labor, materials, a reasonable allowance for overhead and profit, and all other compensation as allowed by law.

RIGHT TO TERMINATE IN EVENT OF DISPUTE

In the event of a dispute between CONTRACTOR and CUSTOMER, CONTRACTOR and CUSTOMER agree that CONTRACTOR may immediately terminate the work described herein.

In the event of such termination, CONTRACTOR shall be entitled to payment for all services rendered, including the cost of all labor, materials, reasonable profit, and overhead.

In the event of cancellation by CUSTOMER after the contract has been signed, CONTRACTOR is entitled to a minimum fee of 10% or $1,000, whichever is less.

In the event of cancellation by CUSTOMER after work has commenced, CONTRACTOR is entitled to 10% or payment for work performed, whichever is more.

NOTICE OF DEFECTIVE WORK

Upon completion of the work, CUSTOMER agrees to exercise due diligence in inspecting the work for defective workmanship and materials.

CUSTOMER agrees to notify CONTRACTOR within forty-eight (48) hours of completion of the work described hereunder of all defective work, if any.

CUSTOMER agrees that upon discovery of any allegedly defective work, CUSTOMER shall immediately call CONTRACTOR, who shall have the first opportunity to repair the alleged defective work.

The failure to allow CONTRACTOR the first opportunity to repair the alleged defective work shall void all warranties, express and implied, hereunder.

CUSTOMER agrees and recognizes that CUSTOMER shall not withhold any payments for allegedly defective work.

CONTRACTOR is not responsible for reimbursement for work performed by any other company or individual.

SERVICE NOT COVERED

CONTRACTOR will not perform any other work or trade than that which is specified herein, including but not limited to carpentry, plaster/wall work, tile work, landscaping, masonry, flooring, roofing, paving, moving, or hauling, etc., unless specified in writing.

Unless otherwise stated, paint, plaster, stucco, patch concrete, and landscaping are not included in the fixed price and are the sole responsibility of CUSTOMER.

SCOPE OF AGREEMENT

This Agreement represents the entire and integrated agreement between CUSTOMER and CONTRACTOR and supersedes all prior negotiations, representations, or agreements, either oral or written.

This Agreement may be amended only by a written instrument offered by CONTRACTOR and accepted by CUSTOMER.

NOTICE TO OWNER

CONTRACTOR’S failure to substantially commence work without lawful excuse within twenty (20) days from the date specified on the contract is a violation of the Contractors License Law.

ADDITIONAL

CUSTOMER gives West Electric permission to post, erect, or display advertising, including banners, posters, signs, etc., in the company name during all phases of construction.

I, the CUSTOMER, agree that solicitation of any West Electric employee to perform “side jobs” outside the written agreement of their employer, West Electric, is forbidden for a period of one (1) year from the date of this contract.

New California energy conservation laws may require additional documentation and plans when applying for permits. CUSTOMER acknowledges these laws and the costs involved in meeting Building and Safety requirements to commence and/or complete work.

CUSTOMER will not hold West Electric responsible for any additional requirements of the local governing body, including additional costs should they arise. These costs consist of, but are not limited to, Title 24 compliance, blueprints, cut sheets, and similar documentation.

CUSTOMER agrees to pay for all permits and documents required to start, continue, and complete the job.