Terms & Conditions

Unless otherwise specified, the following additional provisions are expressly incorporated into this contract:

Contract, Plans, Specifications, Permits and Fees. The work described when you contact All Pro Install Inc shall be done according to the plans and the plan specifications (if any) except in the case of conflict when the provisions of the contract shall have control over both the plans and the plan specifications. All required building permits will be paid for by owner and obtained by Contractor. All other charges, taxes, assessment fees etc., of any kind whatsoever required by any government body, telephone or utility company or the like shall be paid for by Owner.

Installation

Contractor has the right to subcontract part of, or all the work herein.

Equipment Responsibility

I understand that I am responsible for loss or theft of equipment while in my care and custody and will take reasonable precautions to insure that equipment is not lost or stolen.

Change Order

Should Owner, construction lender, or any government body or inspector require any modification to the work covered under the contract, any cost incurred by Contractor shall be added to the contract price as extra work and Owner agrees to pay Contractor his normal selling price for specified extra work. All extra work as well as any other modifications to the original contract shall be specified and approved by both parties in a written change order. All change orders shall become a part of the contract and shall be incorporated herein.

Owner’s Responsibility; Insurance etc

Owner is responsible for the following:

1. To see that all necessary water, electrical power, access to premises, and toilet facilities are provided on the premises.
2. To provide storage area on premises for equipment and materials.
3. To relocate and protect any item that prevents the contractor from having free access to the work area such as but not limited to furniture, appliances, draperies, clothing, plants or any other personal effects and properties. In the event that the Owner fails to relocate such items the Contractor may relocate these items as required but in no way is Contractor responsible for damages to these items during their relocation and during the performance of the work.
4. To correct any existing defects which are recognized during the course of work. Contractor shall have no liability for correcting any existing defects, such as but not limited to, dry rot, structural defects, or code violations.
5. To maintain property insurance with Fire, Course of Contractor, and all Physical Loss with Vandalism and Malicious Mischief clauses attached in a sum at least equal to the contract price, prior to and during performance of the contract. If the project is destroyed or damaged by an accident, disaster or calamity, or vandalism, any work or materials supplied by Contractor in repainting or restoring project shall be paid for by Owner as extra work.
6. Customers are strongly encouraged to remove any and all valuable personal property and belongings from the place where the services will be provided before All Pro Install Inc start working.

Customer hereby relieves and releases All Pro Install Inc T/A All Pro Assemble, its staff, workers, representatives and employees from any liability, whatsoever, for the loss or destruction of any personal belongings the Customer leaves behind while services are provided by All Pro Install Inc T/A All Pro Assemble stuff and employees .

Defining the difference between junk and valuable personal property. Some people leave things behind that they consider valuable but no one else would. If you value it, take it with you.

All Pro Install Inc T/A All Pro Assemble is not responsible or liable for the security of the personal property of Customer which are brought into or stored within the place where the services are provided. If any personal property is stolen or lost, All Pro Install Inc T/A All Pro Assemble will cooperate with the Customer to try to locate and recover such personal property, but All Pro Install Inc T/A All Pro Assemble is not liable or responsible for the replacement of any such stolen or lost property of Customer. If any personal property is damaged in the place where the services are provided, All Pro Install Inc T/A All Pro Assemble is not liable or responsible for the repair or replacement of such damaged property, unless such damage is caused by the willful and intentional acts of employees of All Pro Install Inc T/A All Pro Assemble.

Delay

Contractor shall not be held responsible for any damage occasioned by delays resulting from: work done by Owner’s subcontractor’s, extra work, acts of owner or owner’s agent including failure of Owner to make timely progress payments or payments for extra work, shortage of materials and/or labor, bad weather, fire strike, war, government regulations, or any contingencies unforeseen by Contractor or beyond Contractor’s reasonable control.

Surplus Materials and Salvage

Any surplus materials left over after the work has been completed are the property of the Contractor and will be removed by same. No credit is due Owner on returns for any surplus materials because this contract is based upon a complete job. All salvage resulting from work under the contract is the property of Contractor.

Cleanup & Advertising

Upon completion and after removing all debris and surplus materials wherever possible. Contractor will leave premise in a neat, broom clean condition. Owner hereby grants to Contractor the right to display signs and advertise at the job site for the period of time starting at the date of signing of the contract and continuing uninterrupted until fourteen (14) days past the date the job is completed and payment has been made in full. Owner grants Contractor the right to publish the project street address on a “references” list which may be given to prospective customers/clients.

Method of Paint Application & Paint Colors

Owner authorizes Contractor to use any method of paint application that Contractor deems appropriate, whether it be brush, pad, roller, spray or combination of thereof. Where colors and sheen factors are to be matched. Contractor shall make reasonable efforts to do so but does not guarantee paint for approval by Owner. If Owner does not request a paint sample, Contractor is authorized to apply manufacturer’s standard paint as identified in this contract and is not responsible for any differences between the manufacturer’s color chart and the paint as it is applied. If more than two coats are required, additional charges will apply. All paint work is approved from 5 feet away from the wall. Only 1 coat of primer on all paint work performed.

Hazardous Substances

Owner understands that Contractor is not qualified or licensed as an inspector or abatement contractor for Hazardous Materials (as defined by the government). Should any such hazardous substance be suspected to be present on the premises, it is the Owner’s responsibility to arrange and pay for an inspection and abatement. Contractor cannot certify or warrant your building as being free of hazardous substances.

Custom Mixed Paint

Custom mixed colored paint CANNOT be returned to a paint supplier for credit. Should owner choose a custom mixed paint for this job, the Owner understands that after the Contractor has purchased the custom mixed paint chosen by Owner agrees to any additional charges that arise from covering the purchase price of the new colored paint in addition to the purchase price of the old colored custom mixed paint and the reimbursement to Contractor for any labor and/or materials already expended in applying the original chosen custom mixed colored paint.

Right to Stop Work and to Withhold Payment on Labor and Material

If any payment I not made to Contractor as per this contract, the Contractor shall have the right to stop work and keep the job idle until all past due progress payments are received. Contractor is further excused by Owner from paying any material, equipment and/or labor supplies or and subcontractors (hereinafter collectively called “suppliers”) during the period that Owner is in arrears in making payments to Contractor for bills received during that same period. If these same “suppliers” make demand upon Owner for payment. The Owner will make such payment on behalf of Contractor and Contractor shall reimburse Owner for this amount at such time that the Owner becomes current with Contractor for all the past due payments. Owner is responsible to verify the true amounts owed by Contractor to these same “suppliers” prior to making payments on behalf of Contractor. Owner shall be entitled, under any circumstance, to collect as reimbursement from Contractor any amount greater than that exact amount actually and truly owed by Contractor to these same “suppliers” for work done or materials supplied on Owner’s job.

Other Costs

As Owner/Agent of the property, it is understood that I have authorized the work and accept responsibility to The Company for services rendered. It is fully understood and agreed that the Owner/Agent is personally responsible for any and all costs, charges, deductible or depreciation not covered by insurance.

Payment

Upon satisfactory payment being made for any portion of the work performed, the contractor shall prior to any further payments being made, furnish to the person contracting for this home improvement, a full and unconditional release from any claim or mechanic’s lien for that portion of the work for which payment has been made.

1/3 of the total price of the job requested is required prior to starting work.
1/3 before half of the work is finished.
Last 1/3 upon completion.

If payment is not made upon completion of the job and payment is not tendered within 15 days, interest will accrue at the rate of 2.3% per month from the date work was completed. In the advent of legal action in the process of collection.

An additional 4% charge for payments made using a credit card will be applied.

A cancellation fee of $350.00 is applied for all appointments cancelled before 72hours from the date and time of the appointment.

Collection

Owner agrees to pay all collection fees and charges including but not limited to all legal and attorney fees that result should Owner default in payment of this contract. Overdue accounts are subject to interest charged at the rate of 30% per annum or at the highest rate allowed by law. A $75 service charge will be billed for all returned checks or invalid charge accounts.

Legal Fees

The court or arbitration shall not be bound to award fees based in any set, fee schedule but shall if it so chooses, award the true amount of all costs, expenses and attorney fees paid or incurred. The Maryland Home Improvement Commission Licenses and Regulates home improvement contractors, subcontractors and salespersons and can be reached by telephone at 1-888-218-5925. Each contractor and each subcontractor must be licensed by the commission and anyone may ask the Commission about a contractor or subcontractor.

Arbitration of Disputes

Any controversy or claim arising out of or relating to the proposal/contract, or breach thereof, shall be settled by arbitration in accordance with the applicable Construction Industry Arbitration Rules of the American Arbitration Association which are in effect at the time the demand for arbitration is filed. A judgement upon the award rendered by the arbitration(s) may be entered in any court having jurisdiction thereof. Any arbitration award shall be subject to correction and/or vacation for the reasons stated in the law. The arbitrator shall award reasonable attorney’s fees and expenses to the prevailing party. After being given due notice, should any party fail to appear at or participate in the arbitration proceedings, the arbitrator shall make an award based on the evidence presented by the party(ies) who do (does) appear and participate. Notwithstanding Contractor’s right to arbitrate, Contractor does not waive any of its lien rights.

NOTICE: in the space below you are agreeing to have any dispute arising out of the matters included in the “arbitration of disputes” provision decided by neutral arbitration as provided by law and you are giving up any rights you might possess to have the dispute litigated in a court or jury duty trial. By initiating in the space below you are giving up your judicial rights to discovery and appeal, unless those rights are specifically, included in the “arbitration of disputes” provision. If you refuse to submit to arbitration after agreeing to this provision, you may be compelled to arbitrate under the authority of the applicable laws. Your agreement to this arbitration provision is voluntary.