Leviars Design and Remodeling Terms & Conditions

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PERFORMANCE OF SERVICES

1. Contractor currently holds a valid license under the laws and statutes of the State of Washington.
2. Contractor shall commence work specified in this Agreement approximately on the date listed therein. Contractor shall be deemed to have commenced work when Contractor (i) moves equipment, (ii) begins labor, or (iii) delivers any material onto the job site. Commencement and completion dates are subject to change and adjustment.
3. The work shall be deemed to be "Substantially Complete" when: (a) a state of completion is reached when an improvement upon real property may be used or occupied for its intended use; or (b) the state of completion in the progress of work when Contractor has sufficiently completed the work to allow Customer to use or occupy the property, but Customer is unable or does not use or occupy the property through no fault of Contractor and minor aspects remain to be finished or corrected.
4. Upon reaching Substantial Completion, the Contractor shall furnish the Customer with a list of items that were contained in the original scope, or any Change Order, that need to be completed or corrected before Final Completion. The Contractor and Customer will jointly inspect the work, review the list, and acknowledge all items that need to be addressed. The Contractor may request in writing that the Customer acknowledge Substantial Completion, signifying that the majority of the Services are done and the premises can be occupied. Customer understands that the Contractor will not be responsible for repairing any damages to the work caused by the Customer or any other business the Customer contracts to work at the Property.
5. "Final Completion" is achieved after the following: (a) all Services outlined in the Agreement have been fully and satisfactorily completed, including all list items from the Substantial Completion stage; (b) the Contractor has removed all tools, equipment, surplus materials, and debris from the site, leaving it in a clean and orderly condition; and (c) all project accounts and costs have been settled, including payment to subcontractors and suppliers. Once the Contractor believes Final Completion has been achieved, the Contractor and Customer will conduct a joint inspection to confirm that all Services have been completed. The Contractor may request that the Customer provide a written acknowledgement of Final Completion.
6. Contractor shall have the right to hire and/or retain subcontractors and suppliers to provide labor and materials within the scope of work defined in this Agreement without the prior consent or approval of Customer. Customer may not control, direct, or supervise Contractor's assistants, subcontractors, or employees in the performance of their services.
7. Contractor will perform all work as tidily as is consistent with performance in Contractor's specialty. Contractor will promptly remove all equipment and materials on completion of the work and payment and will leave the premises reasonably free from all refuse in a manner consistent with completion of the Contractor's operation.

ABOUT THE SANDING AND REFINISHING PROCESS

8. The immediate surroundings of the work site will be covered by plastic to minimize dust. In areas with high ceilings, some cleaning by the Customer may still be necessary after removal of the protective plastic by the Contractor.
9. Some floors may require the quarter rounds or baseboards to be removed and reinstalled after completion of the Services. In such cases, the Customer must hire a painter to complete the caulking, cover any nail holes, and do the painting.
10. If the baseboards or quarter rounds remain in place, these features will be covered with tape or plastic for an additional charge to avoid finishing or stain damage.
11. CONTRACTOR IS NOT RESPONSIBLE FOR PAINTING WORK ON BASEBOARDS, QUARTER ROUNDS, OR TRIMS. Customer is solely responsible for hiring a painter for any touch-ups if any paint is removed during the Services (e.g., due to removal of plastic or tape).
12. For an additional charge, as approved and explicitly included in Schedule A or Schedule B, Contractor can complete certain paint work.

STAIN COLOR SELECTION

13. The customer must choose and approve a stain color before application. Once approved, the stain will be applied across all installed flooring. If the Customer decides to explore additional stain colors after the flooring is prepared, or if the approved color has already been applied, an extra charge of $165.00/hour shall apply for any additional resulting work. If the flooring has already been stained, the Customer shall be charged to re-sand and prepare the floor for new staining.

ACCESS TO WORK

14. Customer shall grant free access to work areas for workers and vehicles and shall provide areas for storage of materials and debris. Customer agrees to keep driveways clear and available for the movement and parking of trucks during scheduled working hours. Customer shall be responsible for securing all entrances to the jobsite in a manner adequate to prevent persons other than Customer, Contractor, and any authorized workers, subcontractors, or material suppliers from gaining access to that site.
Contractor shall not be liable for damage to driveways, walks, lawns, shrubs, or other vegetation by movement of trucks, workers, equipment, materials, or debris.
15. Contractor shall keep Customer advised as to the hours during which work is scheduled to be performed at the jobsite. If Customer denies access to any worker or supplier of materials during scheduled working hours, then Customer will be deemed in breach of this Agreement and subject to liability for any damages caused by the breach. Contractor hereby advises Customer that Contractor will perform work between the hours of 7am to 7pm on any day of the week, and Customer shall make the premises available to Contractor at all times during these hours.
16. Customer will be responsible for obtaining permission, whenever and wherever necessary (as determined by Contractor) during the course of the Services, from the appropriate parties or authorities with respect to performing operations on or from adjoining properties. The customer will be liable for any costs required to obtain permission. Inability to obtain that permission may, at Contractor's election, constitute an obstruction to work beyond Contractor's control.
17. Customer agrees to remove from the job site, or to otherwise protect, any personal property, including, but not limited to, furniture, shrubs, and plants. Contractor shall not be held responsible for damage to or loss of any items of personal property. Customer is responsible for ensuring a safe work environment, including securing pets and ensuring the work area is accessible and free of hazards. Contractor can remove and clear the work site for an additional fee, as may be provided for and approved in Schedule A.
18. Customer assumes all responsibility for the accuracy of boundary markers. Customer shall give copies of any restrictions, easements, or rights of way to Contractor before work commences.
19. Contractor shall not be responsible for delays caused by or attributable to circumstances beyond Contractor's control or due to the actions, requests, or omissions of Customer, including, but not limited to any of the following: failure of the issuance of all necessary building permits within a reasonable length of time; funding of loans; disbursement of funds; acts of neglect or omission by Customer or Customer's employees or agents; acts of God; stormy or inclement weather; strikes; fire; lockouts; boycotts, or other labor union activities; extra work ordered by Customer; acts of public enemy; riots or civil commotion; inability to secure material through reasonable means; Customer's failure to make payments when due; delays caused by inspections or changes ordered by the inspectors of authorized government bodies; acts of independent contractors or sub-contractors; holidays; pandemics; epidemics; or any other circumstances beyond Contractor's control.

MATERIALS AND PERMITS

20. Contractor has been provided with design plans or specifications and work scope attached as Schedule A to this Agreement. Should there be an issue with the supply or availability of certain materials, Contractor will notify the Customer prior to proceeding with the use of a substitute material. If the specifications, color, or quality of the materials used under this Agreement are to vary from those listed in Schedule A or Schedule B, Contractor shall provide notice to Customer.
21. Contractor does not guarantee any materials, equipment, assemblies, or units that Contractor has purchased or will purchase as part of the Services. These items may be subject to manufacturers' or processors' guarantees or warranties. Customer is solely responsible for obtaining information from manufacturers or processors regarding any available warranties.
22. Risk of loss of the materials and equipment supplied or installed hereunder shall pass to the Customer upon delivery to the Customer's premises. Nonetheless, Contractor shall retain title to any/all such materials and equipment, and title shall not pass to Customer until payment is made for any portion of the work performed, including subsequent extra work, if any.
23. Unless otherwise specifically agreed upon in writing, Customer shall pay for all required building and other permits and inspections, and Customer will pay assessments and charges required by public bodies and utilities.

EXTRA WORK, CHANGE ORDERS, AND MODIFICATIONS

24. Any subsequent amendment, modification, or contract, which alters this Agreement, and which is in writing, signed and initialed by Contractor and Customer ("Change Order"), shall be, along with all prior written change orders, deemed a part of this Agreement in Schedule B and shall be controlling in the event of a conflict. As may be explained further in Schedule B, the Change Orders will affect the original schedule projection and potentially cause delays for completion.
25. All work necessary to correct abnormal conditions, including changes required by public bodies, shall constitute an extra work item and the expense shall be in addition to the Agreement price specified herein, and deemed for all intents and purposes as a Change Order.
26. If Customer or any public body or inspector directs modification or addition to the Services, the charge for that extra work shall be determined in advance and the cost shall be added to the Fee and set forth in a Change Order. Customer shall make payments for all extra work as that work progresses or at particular intervals as specifically agreed upon by the parties in writing. Contractor shall do no extra work without the prior written authorization of Customer. Any authorization for extra work shall show the agreed terms and shall be set forth in writing and approved and signed by both parties. The costs to be added to the Fee for extra work shall include the cost of labor and materials required for such extra work and the Contractor's usual and customary fee for overhead and profit.
27. Any changes from or additional to the work covered in this Agreement (other than as a result of delay or destruction) shall be set forth in writing and signed by both parties before the changed or additional work is required to be performed. In the absence of a written Change Order, Customer shall have no cause of action against Contractor for failure to deviate from the terms of this Agreement based on an alleged oral agreement.

PAYMENTS

28. Prior to commencement of work under this Agreement or at any time during the progress of the work, Contractor may request documentation acceptable to Contractor to support financing for the work. If such documentation cannot be provided by Customer within ten (10) calendar days of the request, the Agreement may be terminated at the sole discretion of the Contractor.
29. To place an order, materials must be paid in full, including any delivery fees. Customers requiring LeviArs services must pay a deposit equal to 50% of the labor cost to schedule and book a service date. When the project begins, the Customer must pay 25% of the labor cost, and upon project completion, the Customer must pay the final 25% of the labor cost. The payment can be made to the company using a personal or cashier's check, or a Debit/Credit card with a transaction fee of 3%, or Zelle (leviars-design-and-remodeling) or (design.leviars@gmail.com).
30. If any invoice is not paid when due, interest will be added to and payable on all overdue amounts at twelve (12) percent per year, or the maximum percentage allowed under applicable laws, whichever is less. Customer shall pay all costs and fees of collection, including, without limitation, reasonable attorney fees and collection costs and fees. Any invoice submitted to Customer by Contractor becomes past due for purposes of this paragraph ten (10) days after submission if not paid in full.
31. In the event any payment is not provided on the scheduled due date, Contractor shall be entitled, without prejudice or waiver to any other rights, to suspend performance until such sum and damages caused thereby are paid in full. If payment is not made in full thirty (30) days after Substantial Completion of work, the warranty becomes void, and all prior and current agreements with Customer will be terminated.
32. Any materials that are returned will be credited as store credit for future materials purchased exclusively from the LeviArs showroom. No monetary refunds will be provided. After the deposit payment is made for materials, the Customer may exchange the material within three (3) days from the date the order was paid. After this period, a restocking fee ranging from 15% to 30% will be required, as determined by the manufacturer.
33. After the deposit payment is made for labor services, if the Customer wishes to cancel services with LeviArs, a 15% consultation fee will be retained for advisory services provided to the Customer.
34. If minor items of corrective or repair work remain to be accomplished by Contractor after Substantial Completion, Contractor shall perform the work within a reasonable time, and Customer shall not withhold any payment pending completion of that work.
35. The making of the final payment by the Customer constitutes a waiver of all claims by the Customer or his or her agents, representatives, and/or successors in title, except those arising from (i) failure of the work to comply with this Agreement; and (ii) terms of the guarantees provided for in this Agreement.
36. If Customer determines that it has any inquiries, problems, or believes there are errors or discrepancies with respect to any amounts due under this Agreement, Customer shall give Contractor written notice thereof within ten (10) days from the date that the work which gave rise to such inquiry, problems, and/or discrepancy was performed. Customer's failure to give Contractor notice within ten (10) days after such work is performed shall constitute a waiver of any and all rights which Customer may have to any such payment, adjustment, charge, or reimbursement.

WARRANTY & CONTRACTOR'S LIABILITY

37. General Warranty. Contractor warrants that there will be no defects due to workmanship for a period of one (1) year after Substantial Completion ("Warranty"). This Warranty is not transferable and shall not exceed the contract amount. If any third party or the Customer's agents interfere with the work performed by the Contractor, or perform any work without the Contractor's written consent, the Contractor reserves the right to waive the Warranty. The Contractor reserves the right to modify or reject any claim for which the costs unreasonably exceed the prevailing wage or material costs for the area. The Warranty does not cover wear and tear; owner-induced damages; external factors, including but not limited to natural disasters or severe weather; or items not part of the original scope of work of the Services.
38. Customer agrees that after the one (1) year Warranty period referenced above, Customer shall not have the right to bring any claim or cause of action against Contractor for faulty or defective construction. ANY CLAIM NOT FILED DURING THE ONE (1) YEAR WARRANTY PERIOD WILL BE CONSIDERED WAIVED, AND THE BUYER UNDERSTANDS THIS LIMITATION. This has been agreed to in consideration of entry into this Agreement.
39. Sand and Refinish Warranty. The finish is guaranteed for three (3) years against peeling or wear-through under normal household conditions. This guarantee is limited only to the floor being recoated for no additional cost. This guarantee will be voided unless the provided cleaning procedures are followed. Scratches and scuff marks are not covered.
40. The Contractor shall not be liable for delays or damages suffered by Customer caused by the acts or omissions of Customer or third-parties, including Customer's invitees or licensees on or around the work site, or as a result of weather, including without limitation, rain, hail, snow, wind, lightning, erosion, storms, flooding; or other acts of nature. Contractor is not responsible for any existing illegal conditions, unusual or abnormal conditions.
41. While work is being performed under this Agreement, Customer shall continuously provide, entirely at Customer's own expense, adequate property damage and public liability insurance to cover the scope of all considered activities and the value of all services, labor, materials, and goods involved in this work, as well as all reasonable claims liable to occur during the course of the work.

TERMINATION BY CUSTOMER; OPPORTUNITY TO CURE

42. The customer's right to terminate this Agreement is limited to the procedure of this Section.
43. If Customer discovers any defects or believes noncompliance has been performed, Customer shall give Contractor written notice within ten (10) days from the date that the specific work which gave rise to the problem was performed. Customer's failure to give Contractor notice within ten (10) days after such work is performed shall constitute a waiver of any and all rights which Customer may have to any such claim.
44. Such written notice shall allow Contractor thirty (30) days' opportunity to cure any claimed breach by Customer or any dispute, disagreement, or claim related to the Services. During such cure period, Customer shall allow Contractor access to the premises as required during normal business hours.
45. If, within thirty (30) days after receipt of the notice from Customer, Contractor cures the alleged default, or commences to cure and thereafter diligently pursues such cure of the default, the default shall be deemed cured, and Customer shall have no right to terminate this Agreement. However, if during such period of time Contractor fails to cure or diligently commence to cure such default, Customer may thereafter terminate.

TERMINATION BY CONTRACTOR

46. Contractor can terminate the Agreement in the event of the Services being halted for thirty (30) days or more by a court order, government action, or at no fault of the Contractor. Contractor can also terminate the Agreement if the Customer commits a breach of the Agreement, including the nonpayment for any Services, including any Change Orders. Contractor may give notice to Customer to rectify the problem, and if the issue is not resolved within ten (10) days, Contractor will be entitled to compensation for the Services completed up to and prior to termination of the Agreement.

INDEMNIFICATION

47. Customer agrees to indemnify, defend and hold the Contractor and Contractor's employees, officers, directors and representatives, harmless from and against any and all claims, losses, damages, liabilities, judgments, penalties, fines, costs and expenses (including attorney fees and costs), arising out of or in connection with any claim relating to (i) the services rendered under this Agreement; (ii) the Customer's violation of any term or condition of this Agreement, or (iii) the Customer's or Customer's residents', guests', employees', or personnel's negligence or willful misconduct. Contractor will not be liable to Customer, or to anyone who may claim any right due to a relationship with Customer, for any acts or omissions in the performance of services under this Agreement or on the part of the employees or agents or subcontractors of Contractor unless the acts or omissions are due to willful misconduct.
48. The Contractor shall promptly notify the Customer of any claim subject to indemnification; provided that the Contractor's failure to promptly notify the Customer shall not affect the Customer's obligations hereunder except to the extent that the Contractor's failure to promptly notify the Customer materially prejudices the Customer's ability to defend the claim.
49. This duty to indemnify shall include the obligation to advance Contractor's attorney fees and costs incurred in the defense of any such claim or action, subject to a pledge by Contractor to return such advanced fees and costs in the event that Contractor is adjudicated to not be entitled to the right of advancement.

DISPUTE RESOLUTION

50. In the event of any disagreement, claim, or dispute arising out of or related to this Agreement, the Parties agree to work in good faith to resolve such matters through direct negotiations.
51. Mediation. If the Parties cannot resolve the dispute through direct negotiations within fifteen (15) days of the dispute arising, they agree to attempt to settle it by mediation under the mediation procedures of a recognized mediation institution or service provider, as mutually agreed upon. Both Parties shall equally bear the mediation costs. Neither Party shall be permitted to introduce in any court or arbitration proceedings the fact that the other Party did not agree to mediate or any communications exchanged in the mediation process.
52. Arbitration. If the dispute has not been settled by mediation within twenty (20) days from the commencement of the mediation, or if either Party will not participate in a mediation procedure, the dispute shall be submitted to binding arbitration utilizing one arbitrator at Judicial Dispute Resolution, LLC (JDR). The seat of arbitration shall be within Seattle, Washington, or such other location as the parties may mutually agree. If the parties are not able to mutually agree on a single arbitrator, each party will then select an arbitrator who, working together, will appoint an independent arbitrator to serve as the sole arbiter of the dispute. The prevailing party may enter any judgment or award rendered by the arbitrator in any court having jurisdiction thereof. All statutes of limitations that would otherwise be applicable shall apply to any arbitration proceeding hereunder.
53. Nothing in this Section shall restrict or otherwise limit Contractor's right to record, enforce, and foreclose a Mechanic's Lien in a court of law.

ATTORNEY'S FEES

54. In any litigation or arbitration between Contractor and Customer regarding the terms or performance under this Agreement, the prevailing party shall be entitled to an award of reasonable attorney's fees, including any proceedings on appeal(s).

WAIVER; CUMULATIVE REMEDIES

55. No waiver by either party of a breach by the other party of any of the terms, covenants or conditions of this Agreement shall be construed or held to be a waiver of any succeeding or preceding breach of the same or any other term, covenant, or condition herein contained. No waiver of any default of either party hereunder shall be implied from any omission by the other party to take action on account of such default if such default persists or is repeated, and no express waiver shall affect any default other than as specified in said waiver. Except where specifically stated to the contrary, all remedies available to either party for breach of this Agreement under this Agreement, at law, or in equity, are cumulative and nonexclusive.

ENTIRE AGREEMENT

56. The parties agree as follows:
(a) This Agreement constitutes the sole and only record containing the terms of the listed parties' Agreement.
(b) Neither party has been induced to enter into this Agreement and to perform the respective obligations, which they have undertaken, by any representations, warranties, inducements, promises, understandings, or any other matter or representation of any nature whatsoever, other than as recorded herein.
(c) No amendment to or variation of the terms of this Agreement shall have any validity or force unless and until reduced to writing and signed by Contractor, or its duly authorized agents.

GOVERNING LAW

57. This Agreement shall be construed in accordance with, and governed by, the laws of the State of Washington. Subject to the Dispute Resolution procedure set forth herein, in the event litigation is commenced or prosecuted in connection with this Agreement or the work to be performed under it, the venue for such litigation shall be in the Superior Court of King County, Washington, or, in the alternative, if the property where the work is performed is not located in King County, then in the county in Washington where such property is located.

ILLEGALITY

58. In the event any provision of this Agreement is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be affected.

By approving the Estimate, Customer acknowledges that they have received and accept these terms and conditions.