TERMS AND CONDITIONS

You are entitled to a completely filled in copy of this agreement, signed by both you and the contractor, before any work may be started.

BOND:  The owner has the right to require Best Tec to have a performance and payment bond.  The cost of such will be in addition to the contract price.

DOWN PAYMENT: THE DOWNPAYMENT MAY NOT EXCEED $1,000 OR 10 PERCENT OF THE CONTRACT PRICE, WHICHEVER IS LESS.

INSURANCE: Best Tec carries commercial general liability insurance and worker’s compensation insurance.  You may contact Weingarten & Hough, our insurance brokers, at 760-325-2526 to check our contractor’s insurance coverage.

MECHANIC’S LIEN (As Required by the State Contractors’ Licensing Board):  Anyone who helps improve your property, but who is not paid, may record what is called a mechanics lien on your property. A mechanics lien is a claim, like a mortgage or home equity loan, made against your property and recorded with the county recorder.

Even if you pay your contractor in full, unpaid subcontractors, suppliers, and laborers who helped to improve your property may record mechanic’s liens and sue you in court to foreclose the lien. If a court finds the lien is valid, you could be forced to pay twice or have a court officer sell your home to pay the lien. Liens can also affect your credit.

To preserve their right to record a lien, each subcontractor and material supplier must provide you with a document called a ‘Preliminary Notice.’ This notice is not a lien. The purpose of the notice is to let you know that the person who sends you the notice has the right to record a lien on your property if they are not paid.

BE CAREFUL.  The Preliminary Notice can be sent up to 20 days after the subcontractor starts work or the supplier provides material. This can be a big problem if you pay your contractor before you have received the Preliminary Notices.

You will not get Preliminary Notices from your prime contractor or from laborers who work on your project. The law assumes that you already know they are improving your property.

PROTECT YOURSELF FROM LIENS.  You can protect yourself from liens by getting a list from your contractor of all the subcontractors and material suppliers that work on your project. Find out from your contractor when these subcontractors started work and when these suppliers delivered goods or materials. Then wait 20 days, paying attention to the Preliminary Notices you receive.

PAY WITH JOINT CHECKS.  One way to protect yourself is to pay with a joint check. When your contractor tells you it is time to pay for the work of a subcontractor or supplier who has provided you with a Preliminary Notice, write a joint check payable to both the contractor and the subcontractor or material supplier.

For other ways to prevent liens, visit CSLB’s internet website at www.cslb.ca.gov or call CSLB at 800-321-CSLB (2752).

REMEMBER, IF YOU DO NOTHING, YOU RISK HAVING A LIEN PLACED ON YOUR HOME. This can mean that you may have to pay twice or face the forced sale of your home to pay what you owe.

CONTRACTOR NOTICE (As Required by the State Contractors’ Licensing Board): STATE LAW REQUIRES ANYONE WHO CONTRACTS TO DO CONSTRUCTION WORK TO BE LICENSED BY THE CONTRACTORS’ STATE LICENSE BOARD IN THE LICENSE CATEGORY IN WHICH THE CONTRACTOR IS GOING TO BE WORKING IF THE TOTAL PRICE OF THE JOB IS $500.00 OR MORE INCLUDING LABOR AND MATERIAL.  LICENSED CONTRACTORS ARE REGULATED BY LAWS DESIGNED TO PROTECT THE PUBLIC.  IF YOU CONTRACT WITH SOMEONE WHO DOES NOT HAVE LICENSE, THE CONTRACTORS’ STATE LICENSE BOARD MAY BE UNABLE TO ASSIST YOU WITH A COMPLAINT.  YOUR ONLY REMEDY AGAINST ANY UNLICENSED CONTRACTOR MAY BE IN CIVIL COURT AND YOU MAY BE LIABLE FOR DAMAGES ARISING OUT OF ANY INJURIES TO THE CONTRACTOR OR HIS OR HER EMPLOYEES.

INFORMATION ON CSLB: Information about the Contractors State License Board (CSLB): CSLB is the state consumer protection agency that licenses and regulates construction contractors.

Contact CSLB for information about the licensed contractor you are considering, including information about disclosable complaints, disciplinary actions, and civil judgments that are reported to CSLB.

Use only licensed contractors. If you file a complaint against a licensed contractor within the legal deadline (usually four years), CSLB has authority to investigate the complaint. If you use an unlicensed contractor, CSLB may not be able to help you resolve your complaint. Your only remedy may be in civil court, and you may be liable for damages arising out of any injuries to the unlicensed contractor or the unlicensed contractor’s employees.

For more information:

Visit CSLB’s internet website at www.cslb.ca.gov

Call CSLB at 800-321-CSLB (2752)

Write CSLB at P.O. Box 26000, Sacramento, CA 95826.

PERMITS:  Any permits for work required by the state, municipality, region or political subdivision will be provided by the customer unless customer elects, in writing, to have BEST TEC provide them.    There is an additional charge for this service.

RIGHT TO RELEASE: Upon satisfactory payment being made for any portion of the work performed, Best Tec shall provide a full and unconditional release from any potential lien claimant claim or mechanics lien authorized pursuant to Sections 8400 and 8404 of the Civil Code for that portion of the work for hiwch payment has been made.

INADEQUATE DRAINS, PLUMBING, GAS, ELECTRIC:  Best Tec takes no responsibility for inadequate drains, plumbing, gas pressure or volume, or electrical provided by the house to the subject equipment.

CHANGE ORDERS AND CANCELLATIONS:  All changes and cancellations must be in writing and is not enforceable against you unless it identifies the scope of work, the amount to be added or subtracted from the contract and the effect the order will make in the progress payments or completion date.  Failure to comply with this does not affect Best Tec’s right to seek compensation based on legal or equitable remedies.   Furthermore, should orders be changed after they are placed with our suppliers, any material or labor charges as a result of the change or cancellation will be charged to the customer accordingly.  A change order form is attached hereto.

QUOTES:  Quotes are good for thirty days only.

WARRANTY:  BEST TEC makes no warranties, express or implied, including any warranties of merchantability or fitness.  The only warranty that will apply to materials sold by BEST TEC is the warranty made by the manufacturer.  BEST TEC’s employees are without authority to change the foregoing.  All orders processed under these terms are to be paid by customer and refunds will be given once the manufacturing company decides.  All labor warranties are 30 days unless otherwise specified.  If recommendations are not completed at time they are made, it may void labor warranty depending on nature of recommendation.

THREE DAY COOLING PERIOD:  If the proposed work is for a “home improvement,” as that term is defined by Section 7150, et seq. of the California Business & Professions Code, You, the buyer, have the right to cancel this contract within three business days. You may cancel by emailing, mailing, faxing, or delivering a written notice to the contractor at the contractor’s place of business by midnight of the third business day after you received a signed and dated copy of the contract that includes this notice. Include your name, your address, and the date you received the signed copy of the contract and this notice.

If you cancel, the contractor must return to you anything you paid within 10 days of receiving the notice of cancellation. For your part, you must make available to the contractor at your residence, in substantially as good condition as you received them, goods delivered to you under this contract or sale. Or, you may, if you wish, comply with the contractor’s instructions on how to return the goods at the contractor’s expense and risk. If you do make the goods available to the contractor and the contractor does not pick them up within 20 days of the date of your notice of cancellation, you may keep them without any further obligation. If you fail to make the goods available to the contractor, or if you agree to return the goods to the contractor and fail to do so, then you remain liable for performance of all obligations under the contract.

You may cancel this transaction, without any penalty or obligation, within three business days from the above date.

If you cancel, any property traded in, any payments made by you under the contract or sale, and any negotiable instrument executed by you will be returned within 10 days following receipt by the seller of your cancellation notice, and any security interest arising out of the transaction will be canceled.

If you cancel, you must make available to the seller at your residence, in substantially as good condition as when received, any goods delivered to you under this contract or sale, or you may, if you wish, comply with the instructions of the seller regarding the return shipment of the goods at the seller’s expense and risk.

If you do make the goods available to the seller and the seller does not pick them up within 20 days of the date of your notice of cancellation, you may retain or dispose of the goods without any further obligation. If you fail to make the goods available to the seller, or if you agree to return the goods to the seller and fail to do so, then you remain liable for performance of all obligations under the contract.

To cancel this transaction, mail or deliver a signed and dated copy of this cancellation notice, or any other written notice, or send a telegram

to ,

Best Tec

At 73850 Dinah Shore Drive, Unit 109, Palm Desert CA 92211

not later than midnight of  **.

(Date)

I hereby cancel this transaction.

(Date)

(Buyer’s signature)

 
INTEREST:  Unpaid invoices will accrue services charges at the rate of 1 1/2% per month (18% per annum) if not paid Net 30.

ATTORNEYS' FEES:  Should it be necessary to file suit to recover payment of this invoice, the prevailing party shall be entitled to their reasonable attorneys' fees and costs.

JURISDICTION:   The parties agree that the County of Riverside shall be the exclusive venue for all actions brought hereunder.
 

CHANGE ORDER # _____:

 

The following change order is requested by: ________________________________________________________

CHANGE ORDER INSTRUCTIONS: _________________________________________________________________

____________________________________________________________________________________________

____________________________________________________________________________________________

____________________________________________________________________________________________

____________________________________________________________________________________________

____________________________________________________________________________________________

____________________________________________________________________________________________

____________________________________________________________________________________________

____________________________________________________________________________________________

____________________________________________________________________________________________

____________________________________________________________________________________________

____________________________________________________________________________________________

____________________________________________________________________________________________

____________________________________________________________________________________________

____________________________________________________________________________________________

____________________________________________________________________________________________

____________________________________________________________________________________________

____________________________________________________________________________________________

____________________________________________________________________________________________

____________________________________________________________________________________________

____________________________________________________________________________________________

DATED: _____________________  BEST TEC: ___________________________ OWNER:_____________________