Upcycle Home Legalese

UPCYCLE HOMES LLC TERMS OF SERVICE

UPCYCLE HOMES LLC, a Virginia limited liability company (the “Company”), provides construction management services (the “Services”) pursuant to these Terms of Service and the Client Order Form(s) agreed to by the client named in the Client Order Form (the “Client”).  By signing off on the Houzz Client Estimate, Client expressly agrees to these Terms of Service.

1.         CLIENT ORDER FORM

"Client Estimate Form” means a separate writing specifying the Services (as defined in the Client Estimate Form) to be provided to Client by Company in the form of the Upcycle Homes LLC Client Estimate Form (including any addenda and supplements thereto). If any conflict exists between these Terms of Service and a Client Order Form, the terms of the Client Order Form will prevail. These Terms of Service, together with any applicable Client Order Form, shall collectively be referred to as the “Agreement”.

2.         PAYMENT

Client shall pay to Company all amounts set forth in the Client Order Form.  Typically we will request fifty percent (50%) of the Project Fee shall be due upon approval of the original estimate of the Services.  The remaining balance of the Project Fee shall be due upon completion.  Additional terms maybe agreed upon and put forth in writing.  Notwithstanding the foregoing, payment is due in full for any change orders to the agreed upon Services before any such amended services are performed by Company. Payments can be done by bank transfer or credit card through our Houzz portal, or by check to be coordinated with the assigned project manager.

 3.       CHANGES

If changes occur after work has begun then Upcycle Homes will send out a new estimate to approve said change.  This will constitute a change order to the original statement of work.  All change orders will be paid in full at the time the estimate is approved.  

a) Owner may authorize changes without invalidating our original Agreement, make changes within the  general scope of the work, consisting of additions, deletions or modifications, with the contract  time and any construction price being adjusted accordingly.   

b)  Upcycle Homes will prepare written change order document, which covers the price and time  associated with the change.  Client may accept changes by agreeing with terms in document via our HOUZZ portal.   The change order document(s) shall become a part  of the contract file. Contractor shall be entitled to compensation at the following rates: $100 per  hour for lead carpenter/project manager; $45 per hour for laborers; $110 per hour in  administrative fees for all other related costs incurred in preparing cost estimates.  

c) Any Owner may direct Upcycle Homes to proceed with changes in the Work before an agreement is made (time is of the essence) on change terms / price and time (the change order).  If such the case, Upcycle Homes shall prepare the change as soon as possible after the change has been  authorized.

d) If either Owner requests Upcycle Homes to prepare a cost estimate or design change without later  issuing a change order, Contractor shall be entitled to compensation at $110 per hour in  administrative fees for all other related costs incurred in preparing cost estimates or design changes.  

4. MATERIALS

As a courtesy to our clients we may allow, in certain circumstances, the ability to purchase your own materials.  If you have elected to purchase some of your own material allowances, make sure to follow the below guidelines:

a) Confirm with your assigned Project Manager the total amount of materials purchased and the appropriate specifications required.

b) Confirm you have the storage area to hold the materials. You are responsible for organizing and paying for the delivery.

c) You are responsible to coordinate receipt of the materials with the Project Manager. Most deliveries are curb only, we must have the manpower onsite to get your item inside and secured.

5.         TERMINATION

Either party may terminate this Agreement immediately if the other party is in material breach of the Terms of Service and such breach is not cured within ten (10) days of written notice to the breaching party. Upon termination of this Agreement, Client shall pay to Company all unpaid amounts earned, due, and payable to the Company in connection with the Services.

6.         OWNERSHIP OF DOCUMENTS

Without payment of additional compensation to the Company, any documents prepared by the Company for Client under this Agreement shall become the Client’s property upon completion, cancellation, suspension or termination of the Services or this Agreement and upon payment of all sums due to the Company for work properly performed; however, Company shall be permitted to retain copies of such documents.  The reuse of the documents by the Client

shall be at the Client’s risk. 

7.         DISCLAIMER

EXCEPT AS EXPRESSLY PROVIDED HEREIN, COMPANY MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY LAW. 

8.         LIMITATION OF LIABILITY

COMPANY’S TOTAL LIABILITY TO CLIENT UNDER THIS AGREEMENT SHALL BE LIMITED TO ACTUAL DAMAGES AND SHALL IN NO EVENT EXCEED THE AMOUNT PAID BY CLIENT TO COMPANY UNDER THE MOST RECENT CLIENT ORDER FORM FOR SERVICES GIVING RISE TO SUCH LIABILITY.  IN NO EVENT SHALL COMPANY BE LIABLE TO CLIENT FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR GOOD WILL) RELATED TO THIS AGREEMENT OR RESULTING FROM CLIENT’S USE OR INABILITY TO USE THE SERVICES, OR ARISING FROM ANY CAUSE OF ACTION WHATSOEVER, INCLUDING CONTRACT, WARRANTY, TORT, STRICT LIABILITY, INDEMNITY, OR

NEGLIGENCE, EVEN IF COMPANY HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES.

9.         MISCELLANEOUS

This Agreement shall be governed by Virginia law.  Client agrees to pay all reasonable costs, fees and expenses incurred by Company in collecting or attempting to collect any amount that becomes due hereunder.  Neither party hereto shall be considered in default in the performance of its obligations under this Agreement to the extent that performance of any such obligation is prevented or delayed by any cause, existing or future, which is beyond the reasonable

control of such party, and which by that party’s exercise of due diligence and foresight could not reasonably have been avoided. The parties acknowledge and agree that no rule of construction shall apply to this Agreement which construes any language, whether ambiguous, unclear or otherwise, in favor of or against any party by reason of that party's role in drafting this Agreement.  This Agreement, together with any attached Client Order Forms, represents the entire agreement between Client and Company and supersedes all prior agreements, understandings, and/or verbal or oral representations made by either party. No amendment of this Agreement shall have any effect, unless in writing and signed by both parties.

10.        WARRANTY

Upcycle Homes LLC is certain about the quality and integrity in applying our craft. Click here to read our full Warranty Terms & Conditions.