CMS Home Improvement is quality's benchmark. Experience the difference CMS makes!
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CMS Home Improvement is quality's benchmark. Experience the difference CMS makes!
CALL NOW! 1-877-562-4897
CMS HOME IMPROVEMENT AGREEMENT
GENERAL PROVISIONS
The contract documents consist of this agreement, general conditions, construction documents, specifications, allowances, finish schedules, construction draw schedule, information disclosure statement, all addenda issued prior to the execution of this agreement, and all change orders or modifications issued and agreed to by both parties. All documents noted herein shall be provided to the Contractor/Charles Moody (CMS) by the Client/owner. These contract documents represent the entire agreement of both parties and supersede any prior oral or written agreement. The Contractor/Charles Moody (CMS) reserves the right to terminate this agreement fully and be paid for all work completed, as well as remuneration for all related expenses, fees, and purchases pertaining to the fulfillment of the original agreement, including but not limited to expenses related to the premature termination of the agreement. CMS Home Improvement reserves the right to change, cancel, or substitute promotions. Some jobs, due to their nature, fall outside the scope of a mere "handy person service" and instead require that we provide you with a standard estimate (See our estimating service details). Bad weather and holidays could cause jobs to run long, thus changing the project's timeline. When weather contingencies and/or holidays apply, please plan accordingly. Charles Moody & All Associates reserve the right to wear body cams and record all communications performing services while onsite and or offsite. And use photos for business related purposes.
CLIENT/OWNER
The Client/Owner will not assume any responsibility, nor have control over or charge of construction means, methods, techniques, sequences, procedures, or safety precautions and programs in connection with the project, since these are solely the Contractor's responsibility. The Client/Owner shall communicate with our hired help only through the Contractor, unless otherwise agreed upon.
CHANGES IN POLICY & GENERAL PROVISIONS
Since our business is constantly changing, the Contractor/Charles Moody (CMS) expressly reserves the right to revise, modify, delete, or add to any CMS POLICES & GENERAL PROVISIONS, work rules, or benefits stated. No oral statement or representations can alter the provisions of CMS POLICES & GENERAL PROVISIONS. Nothing in CMS POLICES & GENERAL PROVISIONS or in any other document, including descriptions, creates or is intended to create a promise or representation of continued service/s by the Contractor/Charles Moody (CMS). CMS Home Improvement reserves the right to change, cancel, or substitute promotions. Contact us for details.
PAYMENTS AND DEPOSITS
We work on a time and material basis. Our current hourly rates are as follows: $74.50/man-hour (1 hour minimum) plus $1.00/mile. Hourly special only $66.00 per man-hour when you purchase an 8-hour (full day) time-block and purchase it three (3) or more days in advance! Otherwise a $74.50 per man hour rate applies. (Or $149.00, plus $1.00 per mile trip fee minimum.) All payments must be made payable to Charles Moody and or CMS Home Improvement via bank wire or credit card including any bank fee at the time of completion. Deposits are generally required in advance; -with additional or unforeseen contingencies billed after the fact. Once payment has been received the property will be scheduled for service. Balance due at completion. Your purchase is your signature and implies your agreement with our terms and conditions stated here, and the balance is due on a daily basis, unless otherwise agreed upon in writing. The minimum commitment time block is one hour for all service requests, which comes with a two handy person team. Materials costs are the responsibility of the Client/Owner. Some types of jobs may or may not be offered as part of handyman services due to their nature, such as electrical, plumbing, or other licensed professions. Jobs requiring the use of power tools are also excluded unless such tools are provided by the Client/Owner. In such cases, the Client/Owner indemnifies Contractor/Charles Moody (CMS) and Agents/Subcontractors from any and all claims arising from the use of tools and/or service thereof. Mileage is billed at $1.00 per mile for jobs that require running around/traveling. Final pricing may vary based on an onsite estimate, which you can accept or reject. Your purchase is your acceptance of this agreement and approval for work to begin. The Owner will make payments to the Contractor/Charles Moody (CMS) upon request based on invoices for labor and materials submitted. All construction coordination fees shall also be paid with those draws/payments upon request, with the remaining balance paid at the completion of the project. Should the Client/Owner fail to make payment, Contractor/Charles Moody (CMS) may charge a penalty equal to the Contractor/Charles Moody (CMS) daily operating costs until the remaining balance (final invoice) is paid in full. CMS Home Improvement reserves the right to change, cancel, or substitute promotions. Contact us for details. Only Charles Moody is authorized to execute contracts and collect payments on behalf of CMS Home Improvement. No other agents are authorized, except by signed delegation.
TERMINATION OF AGREEMENT
Either party may terminate this agreement for any reason upon providing a written notice to the other party. In such cases, the Contractor/Charles Moody (CMS) shall be entitled to receive payment for all work completed up to the date of termination, as well as reimbursement for any related expenses and purchases made in relation to the project.
ARBITRATION OF DISPUTES
Any disputes arising from this agreement shall be resolved through binding arbitration. Both parties agree to submit any disputes to a mutually agreed-upon arbitrator and abide by the arbitrator's decision. Both parties agree that the prevailing party will be entitled to recover reasonable arbitration fees and costs between the Contractor/Charles Moody (CMS) and the Client/Owner.
ATTORNEY FEES
In the event that legal action becomes necessary to enforce any provision of this agreement, both parties agree that the prevailing party will be entitled to recover reasonable attorney fees and costs.
HAZARDOUS MATERIALS, WASTE, AND ASBESTOS
Both parties agree that dealing with hazardous materials, waste, or asbestos requires specialized training, processes, precautions, and licenses. Therefore, unless the scope of this agreement includes the specific handling, disturbance, removal, or transportation of hazardous materials, waste, or asbestos, upon the discovery of such hazardous materials, the Contractor/Charles Moody (CMS) shall notify the Client/Owner immediately and allow the Contractor/Charles Moody (CMS) to contract with a properly licensed and qualified hazardous material contractor. Any such work shall be treated as a Change Order resulting in additional costs and time considerations.
LIMITATIONS OF LIABILITY
The Contractor/Charles Moody (CMS) and their agents shall not be held liable for any claims resulting from the good-faith implementation of this service beyond the scope of the immediate service/s performed, and any liability of unforeseen consequences.
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