THE GROUT DOCTOR OF OAKLAND
GENERAL TERMS AND CONDITIONS
1. CONTRACTOR LICENSE NOTICE: TO PROTECT THE PUBLIC, STATE LAW REQUIRES ONE WHO CONTRACTS TO DO CONSTRUCTION WORK TO BE LICENSED AND REGULATED BY THE CONTRACTORS' STATE LICENSE BOARD (“CSLB”) IF THE TOTAL PRICE OF THE JOB IS $500 OR MORE (INCLUDING LABOR AND MATERIALS). IF YOU CONTRACT WITH AN UNLICENSED CONTRACTOR, THE CSLB MAY BE UNABLE TO ASSIST YOU WITH A COMPLAINT AND YOUR ONLY REMEDY MAY BE IN CIVIL COURT (WHERE YOU MAY BE LIABLE FOR DAMAGES ARISING OUT OF ANY INJURIES TO THE CONTRACTOR OR ITS EMPLOYEES). YOU MAY CONTACT THE CSLB TO DETERMINE IF THE CONTRACTOR IS LICENSED AND OBTAIN ANY HISTORICAL INFORMATION (I.E., SUSPENSIONS, DISCIPLINARY ACTION, ETC.) ON THE LICENSED CONTRACTOR. PLEASE CHECK THE GOVERNMENT PAGES OF YOUR TELEPHONE DIRECTORY FOR THE CSLB OFFICE NEAREST YOU OR CALL 1-800-321-CSLB FOR MORE INFORMATION.
2. COMMENCEMENT AND RIGHT TO CANCEL NOTICE: Failure by Contractor without lawful excuse to substantially commence work within 20 days of the commencement date specified herein violates the State License Law. If this Proposal or the acceptance thereof does not occur at the Contractor's or Owner’s normal place of business, you may cancel this agreement at any time up to midnight on the third business day after the date of this Proposal.
3. NOTICE TO OWNER: Under California's Mechanics' Lien Law, any contractor, subcontractor, laborer, material man, or other person who helps to improve your property and is not paid for labor, services or material, has a right to put a lien on and enforce his claim against your property. OWNER OR TENANT, AS THE CASE MAY BE, IS HEREBY NOTIFIED THAT IT HAS THE RIGHT TO REQUIRE THE CONTRACTOR TO HAVE A PERFORMANCE AND PAYMENT BOND IN CONNECTION WITH THIS AGREEMENT; SUCH BOND SHALL BE IN AN AMOUNT NOT LESS THAN 50% OF THIS AGREEMENT'S PRICE AND SHALL, IN ADDITION TO ANY CONDITIONS FOR PERFORMANCE OF THIS AGREEMENT, BE CONDITIONED FOR PAYMENT IN FULL OF ALL PERSONS FURNISHING LABOR, SERVICES, OR MATERIALS FOR THE WORK DESCRIBED HEREIN. Under the law, you may protect yourself against such claims by: 1) filing, before the work commencement date, this Agreement, or any modification thereof, in the office of the County Recorder of the county where your property is situated, and also requiring that the contractor's performance and payment bond be recorded in such office; 2) upon making any payments, require the Contractor to provide you with an unconditional "Waiver and Release" forms signed by each material supplier and laborer involved with the Scope of Work for which payment was made; and 3) not making any final payments until any and all liens or other encumbrances against your property are removed by the Contractor.
4. RESTRICTIONS ON LIABILITY OF CONTRACTOR:
a) Contractor does not recommend, nor guarantee any installation where colored grout is used in a tight joint installation instead of white, which minimizes the visual effects of irregularities in the grout joints.
b) Contractor can only guarantee to come as close as possible to matching the grout to the existing conditions.
c) The sealant used by Contractor will repel everyday greases and oils but not strong chemicals or acid stains such as coffee, or fruit juice. The sealer's longevity depends upon the conditions and maintenance undertaken by Customer.
d) Contractor can only guarantee grout repair in settlement cracks for thirty days. No grout or caulk has sufficient strength to stop continued settlement expansion.
e) Contractor assumes no liability for damage to previously reglazed or painted surfaces and for any chipping or scratching from re-grouting work.
f) Contractor cannot guarantee to stop fungus, mildew or discoloration from moisture.
g) Because of the nature of grout and caulk removal, the Contractor assumes no liability for any damage to tile or surfaces and cannot guarantee against any chipping or scratching of tiles or surfaces while performing re-grout or re-caulking work.
5. LIMITED WARRANTY: Contractor warrants to Customer that all labor and materials shall be free from faults and defects, and in conformance with industry standard practices and/or this Agreement. Contractor shall have the option of repairing or replacing any defective materials discovered during the progress of the Work; any alteration or misuse of the materials installed void this warranty. Upon completion of the Work, Customer assumes full responsibility for the condition of materials installed. Warranties provided by manufacturers of materials/product installed are incorporated by reference and shall form the sole basis for relief for Customer as to those defects. CONTRACTOR GRANTS NO OTHER WARRANTIES, INCLUDING ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND THIS PARAGRAPH CONSTITUTES A COMPLETE STATEMENT OF CONTRACTOR'S REPRESENTATIONS AND WARRANTIES, WRITTEN OR ORAL, EXPRESS OR IMPLIED, AGAINST DAMAGE OR LOSS OF ANY KIND. IN NO EVENT WILL CONTRACTOR BE LIABLE FOR CONSEQUENTIAL DAMAGES EVEN IF CUSTOMER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6. ATTORNEYS FEES: In the event of litigation between the parties, or if a party becomes involved in litigation because of wrongful acts of the other party, the court will award reasonable attorney fees to the prevailing or innocent party.
7. ARBITRATION: Any controversy arising out of or relating to this Agreement, or regarding the interpretation of this Agreement, is subject to arbitration. The owner, the contractor, all subcontractors, and sub-subcontractors are bound, each to the other, by this arbitration clause, provided such party has signed this contract or has signed another contract or document that incorporates this contract by reference, or signs any other agreement to be bound by this arbitration clause. Arbitration shall be had in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association in effect at the time the arbitration is initiated.
Our greatest asset is the satisfaction of our customers. Thank You!
ACCEPTANCE OF PROPOSAL: I have read the General Terms and Conditions and the prices, specifications and conditions are satisfactory and hereby accepted. The Grout Doctor of Oakland is authorized to do the estimated work and payment is due in full upon completion by check, cash or credit card. It is understood and agreed that upon execution, this ESTIMATE becomes a binding agreement upon both parties. The Grout Doctor of Oakland is part of a network of franchise business operations, each individually owned and operated. If it is necessary to cancel or change the date of your appointment, The Grout Doctor of Oakland requires 3 full business days notice or you will be charged $195.00 (our minimum service fee) for costs incurred.
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