The company shall not be held liable in damages for delays in performance of this contract due to causes beyond its reasonable control. Workmen's compensation and public liability insurance are provided but the company agrees to execute all necessary papers or forms to enable company to obtain payment for equipment, labor, and material which would be involved pertaining to this contract.
The company is not responsible for any landscaping, tracks made by vehicles or other equipment, unless otherwise specified. If in the course of performing this contract the company encounters rock, quicksand, or underground water, owner will be responsible for paying john c. Flood of Virginia, Inc. For additional labor costs
It is agreed that in the event the customer prevents Company from commencing performance of the work, or having commenced said work, the customer refuses to permit the Company to complete the same, then and in such event, the Company shall receive from the Customer the reasonable value of labor, materials and overhead costs, but in no event below Company costs.
The Company shall not be liable for delays due to unforeseeable cause beyond the control of, and without the fault or negligence of the company, including Acts of God or the public enemy, acts of the homeowner, fires, riots, civil disturbances, floods, strikes, freight embargoes, unusually severe weather, and inability to obtain materials. Should quicksand or underground water be encountered in any excavation, which require unusual shoring or pumping methods to make the excavation workable, the extra cost will be paid for by the Customer.
The Company does not assume any responsibility for violations of building, electric, plumbing, or other municipal or government codes, ordinances, or regulations which may presently exist on the premises of the customer. Corrections of all such violations, should they exist, are excluded from this agreement and shall be the responsibility of the customer unless specifically provided herein. Customer is responsible for obtaining all necessary and required permits relating to the work to be performed pursuant hereto, unless otherwise stated in this document.
The Company is not responsible for disturbance to site soil, lawn or yard. Customer is responsible for reconditioning any disturbed areas unless specifically provided herein.
All labor is guaranteed for 1 year except where specified from date of installation. All material is covered by a Manufacturer's warranty. Should a defect appear, the Company will make or cause to be made such repairs or replacement at its option. To restore the affected part(s) to an acceptable level at no cost to the customer, for labor Only Should a material defect appear after the 1 year guarantee but within the manufacturer's warranty. The Company will make or cause to be made such repairs or replacement at its option, to restore affected part(s) to an Acceptable level at no cost to customer, for material only. No warranty on owner/customer, supplied materials, Written, expressed, or implied. Any claims relating to defective parts, material and/or equipment must be made to the manufacturer directly and not the company.
This warranty does not apply to any damage or loss resulting from lightning, fire, tornado, windstorm, flood, explosion, misuse or abuse, failure of homeowner to take immediate steps to protect the building and its contents from damage whenever conditions dictate, failure of structural walls or base materials not installed by the Company, over which furnished materials are Installed, or any condition beyond the control of the Company.
ALL WARRANTIES ARE PERSONAL TO THE OWNER AND ARE NOT TRANSFERABLE TO ANY SUBSEQUENT
OWNER OF THE PREMISES.
In order to obtain performance of any of the above warranty obligations. The customer must contact the Company in writing or by phone at the address or phone number listed on the reverse side of this page and advise the Company of the defect or problems at the earliest possible date and before warranty period expires. No work will be done under the terms of these warranties if the customer is delinquent in payments required by this contract. This warranty gives you specific legal rights and you may also have other rights which may vary from state to state including but limited to implied warranties.
This Agreement sets forth the entire transaction between the parties. Any and all prior agreements, warranties, oral discussions, or representation made by either party are superseded by this Agreement. Any changes made by you in the above specifications necessitating additional materials or labor shall not be covered or included but shall be provided for only after execution of a written change order signed by both parties. All materials not used in construction are the property of the Company.
Project Change Order Procedure
The following process will be followed if a change to this SOW is required:
• A Project Change Request (PCR) will be the vehicle for communicating change. The PCR must describe the change, the rationale for the change, and the effect the change will have on the project.
• The designated Project Manager of the requesting party (Contractor or Client) will review the proposed change and determine whether to submit the request to the other party.
• Both Project Managers will review the proposed change and approve it for further investigation or reject it. Contractor and Client will mutually agree upon any charges for such investigation, if any. If the investigation is authorized, the Client Project Managers will sign the PCR, which will constitute approval for the investigation charges. Contractor will invoice Client for any such charges. The investigation will determine the effect that the implementation of the PCR will have on SOW price, schedule and other terms and conditions of the Agreement.
• Upon completion of the investigation, both parties will review the impact of the proposed change and, if mutually agreed, a Change Authorization will be executed.
• A written Change Authorization and/or PCR must be signed by both parties to authorize implementation of the investigated changes.
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