Contract Terms & Conditions
All quotes are valid for 14 days from the date noted on the quote.
Unless otherwise noted, all quotes are “FIXED/BEST PRICE” quotes.
CJC Custom Homes, LLC makes every attempt to give you accurate projections of when we expect to begin your work. There are times when we may be delayed due to weather, delays in shipments of products, employee illness, or many other situations which may be beyond our control. The fact that we may be delayed does not constitute a delay in payment (unless payment is expressly tied to milestones) nor does it constitute a reduction in contract amount.
This contract does not become binding unless and until it has been accepted in writing by an executive of CJC Custom Homes, LLC and the Owner(s).
It is agreed that the proposal shall constitute the entire contract between us, and its acceptance is conditioned upon the understanding that there are no verbal agreements regarding this order, all verbal statements made by any of our representatives being merged herein, and that the parties will be bound only what is written on the face hereof.
There may be additional charges for unforeseen conditions that may be beyond our ability to detect during our initial inspections (in-wall electrical or plumbing, rotten wood, etc.) These charges will be discussed with the Owner prior to any further work being done.
Changes to be made after work has started will be made only at the expense of the home or building owner, and shall be made in writing. Project addendums completed by, or completed in part by, subcontractors, will have a 25% fee added to their portion of work - but not materials - to cover additional project management costs.
Unless otherwise agreed upon in writing, the work shall be completed, and shall substantially meet all specifications and be suitable for everyday use, no later than the date (if any) set forth in the Quote hereto. CJC Custom Homes, LLC will notify Owner, if at any point, CJC Custom Homes, LLC believes such completion date is in jeopardy. Delay in completion caused by strikes, accidents and other causes beyond our control, shall not operate as a forfeiture of this contract, nor shall CJC Custom Homes, LLC be liable to owner for damages occasioned thereby, time not being of the essence of the contract.
CJC Custom Homes, LLC warrants that it has experience and expertise in performing services of the type required herein and that the work and services performed hereunder shall:
* be performed in strict accordance with all conditions, requirements and specifications herein and as otherwise agreed,
* be performed in strict accordance with all applicable laws, regulations and NC Building Codes
* be performed in a workmanlike manner by qualified and skilled personnel appropriately supervised and in accordance with standard building practices.
In consideration for the Services performed by CJC Custom Homes, LLC, Owner agrees to pay, and CJC Custom Homes, LLC agrees
to accept, payment, subject to the terms of the Quote, the amounts set forth in any Quote (except to the extent disputed in good
faith) net fourteen (14) days from the date of an invoice showing in reasonable detail the basis for such invoice, such as
the Services rendered, the milestones achieved, authorized expenses, and the amount currently due.
The purchaser(s) also agree to pay one percent interest per month (or if lower, the maximum interest rate allowed by the law of the state) if payment is not received as stated in the terms of this contract.
It is expressly understood that if the purchaser(s) of this contract is not an individual, where a signature may appear on this instrument, that signature binds the person signing as an individual as well as the company or corporation he or she may represent.
Owner may, at any time and in Owner's sole discretion, terminate this Agreement (in whole or in part) by providing at
least five (5) days' prior written notice to CJC Custom Homes, LLC. Upon receiving such notice, CJC Custom Homes, LLC
shall discontinue its performance of all services in accordance with Owner's instructions, shall not place further orders
or enter into further subcontracts for material, equipment, or services relating to the terminated services, and shall
(to the extent possible) terminate all existing orders and subcontracts relating to the terminated services.
CJC Custom Homes, LLC shall take all reasonable actions for the purpose of winding down its performance, as directed by
Owner. If the agreement is terminated by either party, in the absence of a breach by CJC Custom Homes, LLC, Owner
shall be liable only for payment for services actually performed and non-cancelable approved expenses actually incurred
prior to the effective date of termination.
Owner, without penalty or breach, may suspend the contract (including, if necessary, denying access to the premises)
by providing notice to CJC Custom Homes, LLC is. Any such notice will be provided in writing or verbally followed by
CJC Custom Homes, LLC shall, at all times, remain entirely responsible for the results and consequences of its negligence
and willful misconduct, including that of its employees, agents, and subcontractors. CJC Custom Homes, LLC (on behalf of
itself and all subcontractors) will indemnify, defend and hold harmless Owner from and against any and all claims, demands,
suits, losses, damages, costs and expenses including reasonable attorney's fees) which may arise or result from (i) claims
against Owner for bodily injury or property damage caused by CJC Custom Homes, LLC; (ii) any material breach by
CJC Custom Homes, LLC of its obligations under this Agreement, including without limitation its representation and
warranties set forth in these Terms and Conditions; (iii) claims against Owner from CJC Custom Homes, LLC's personnel
with respect to CJC Custom Homes LLC's obligation for the payment of wages or other compensation, insurance coverage,
taxes or expenses as provided hereunder; and (iv) CJC Custom Homes, LLC's negligence or willful misconduct.
CJC Custom Homes, LLC carries and shall maintain during the term of the agreement and any applicable warranty period
Commercial General Liability insurance. CJC Custom Homes, LLC will provide Owner, upon request, with a Certificate of
Insurance showing at least the levels of insurance required under the Agreement and by applicable law.
Homeowner shall be responsible for carrying fire insurance.
CLEANING AND DAMAGE
CJC Custom Homes, LLC shall remove all debris and leave the premises in broom clean condition. CJC Custom Homes, LLC
shall broom-sweep the immediate construction area at least daily and as otherwise requested by Owner. Moreover,
CJC Custom Homes, LLC will keep the exterior of Owner's home free of construction debris, waste and other trash on a
daily basis, and will store all tools and equipment in a safe manner. CJC Custom Homes, LLC shall be responsible for
the cost to repair or correct any damage caused to Owner's real or personal property by CJC Custom Homes, LLC or
Subcontractors in connection with this agreement.
All construction provided under this contract is guaranteed to meet or exceed current NC Building Code requirements.
LIENS AND TAXES
It will be the responsibility of CJC Custom Homes, LLC to insure that all materials, products, and taxes relating to the
customer's project are paid, and that there will be no potential lien claimants after the customer's final payment has
been made to CJC Custom Homes, LLC.
All work will be performed in a professional manner.
CJC Custom Homes, LLC provides a limited warranty against defects in workmanship, design, materials, equipment and services on all CJC Custom Homes, LLC- and Subcontractor-supplied designs, services, labor, equipment and materials used in this project for a period of 1 year from the date of the initial contract (the "Warranty Period").
Materials and hardware used by CJC Custom Homes, LLC, or its subcontractors, will be warranted only to the extent that the suppliers or manufacturers of those products provide a warranty. In the event that a defect is discovered in one of these products, CJC Custom Homes, LLC will assist the customer to secure a replacement/repair of those products under the manufacturer's warranty. CJC Custom Homes, LLC shall notify Owner all warranties available in connection with equipment and shall file or supply (as applicable) all paperwork necessary to convey such warranties to Owner.
CJC Custom Homes, LLC will perform all necessary labor to repair or replace all defective work at no cost to the customer. CJC Custom Homes, LLC will secure replacement products and/or materials under warranty. Any work performed during the initial warranty period does not extend the warranty beyond the previously stated terms of the contract.
All aspects of this warranty are void if a person or company other than CJC Custom Homes, LLC performs or re-performs any work within the scope of the warranty. CJC Custom Homes, LLC excludes the following from warranty:
A) Movement or misalignment of cabinets due to settling or movement of foundation floors, walls or ceilings except to the extent such condition arises because of contractor's negligence, misconduct, or breach of this contract.
B) Damage to woodwork, finish, or any defect due to exposure to excessive moisture, heat, humidity, or cold except to the extent such condition arises because of contractor's negligence, misconduct, or breach of this contract.
C) Wood expansion/contraction, rising of the grain, or problems arising from exposure to moisture at the customer's job site if cabinets or woodwork are delivered unfinished.
This agreement shall be governed by the laws of the State of North Carolina, without regard to conflicts of laws,
principles, and the parties hereby submit to the exclusive jurisdiction of the Wake County North Carolina courts, both
state and federal.
Except as provided herein, no civil action with respect to any dispute, claim or controversy arising out of or relating
to this Agreement may be commenced until the matter has been submitted to an Independent Arbitrator for mediation. Either
party may commence mediation by providing a written request for mediation to an Arbitrator and the other party. The request
must specify, at a minimum, the subject of the dispute and the relief requested. The parties will cooperate with the
Arbitrator and with one another in scheduling the mediation proceedings. The parties covenant that they will participate
in the mediation in good faith, and that they will share equally in its costs. All offers, promises, conduct and statements,
whether oral or written, made in the course of the mediation by any of the parties, their agents, employees, experts and
attorneys, and by the Arbitrator, are confidential, privileged and inadmissible for any purpose, including impeachment,
in any litigation or other proceeding involving the parties, provided that evidence that is otherwise admissible or
discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation. Either
party may seek equitable relief prior to the mediation to preserve the status quo pending the completion of that process.
Except for such an action to obtain equitable relief, neither party may commence a civil action with respect to the matters
submitted to mediation until after the completion of the initial mediation session, or 45 days after the date of filing the
written request for mediation, whichever occurs first. Mediation may continue after the commencement of a civil action, if
the parties so desire. The provisions of this Clause may be enforced by any Court of competent jurisdiction, and the party
seeking enforcement shall be entitled to an award of all costs, fees, and expenses, including attorney's fees, to be paid
by the party against whom enforcement is ordered.
By act of remitting stated deposit to CJC Custom Homes, LLC, Owner hereby accepts all Terms and Conditions as stated within.