Terms & Conditions

Service Terms and Conditions

This Agreement between ABI Handymen 11c.. ("Agency" or "we" or "us"or "Contractor" ) and

( "Client" or "you" or "your" ), and its various operations, will govern your relationship with ABI Handymen 11c.

References herein regarding ABI Handymen 11c, web site include any and all web sites present, or hereafter, owned or operated by ABI Handymen 11c.

LIMITED WARRANTIES:CONTRACTOR WARRANTS ALL LABOR AND MATERIAL INSTALLATION FOR ONE YEAR FROM DATE OF SERVICE. THERE ARE NO OTHER WARRANTIES BEYOND THOSE DESCRIBED IN THIS DOCUMENT. INCLUDING WARRANTIES OF MERCHANTABLLITY AND FITNESS, WHICH ARE HEREBY DISCLAIMED.

OTHER CONTRACT TERMS:

1. Satisfaction Guarantee: The satisfaction guarantee means that Contractor will exercise every reasonable effort to satisfy the customer completely. It is Contractor's intent that all work will be completed in a professional manner

according to standard practices and local requirements, and unless due to delays beyond Contractor's control, completed by the project completion date on the front of this invoice. If customer is not satisfied completely with

the work performed, Contractor will use its best efforts to rectify the situation in a reasonable manner.

2. Warranty Claims: In the event of a breach of any warranty set forth above. Contractor will fix, repair or replace the item at issue at no additional cost to the customer.

3. Warranty Exclusions and Limitations: IN NO EVENT WILL CONTRACTOR BE LIABLE TO ANYONE FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING FROM ANY CLAIM BASED ON WORK OR MATERIALS PROVIDED TO CUSTOMER, EVEN IF CONTRACTOR WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Contractor's maximum liability

shall be limited to the amount of the charges paid by customer for the defective work or materials provided by Contractor.No warranty shall be transferable. Customer soliciting an employee or agent of Contractor for additional work separate from Contractor voids all warranties. All warranties will be void if customer alters any work performed by Contractor or if the customer stops any work being performed by Contractor before completion of the work. Failure to pay the full amount due, when due, will void all warranties. Contractor does not warranty client-provided materials.

4. Service Charge: There is a minimum nonrefundable service charge as set forth on the front of this invoice for dispatching a craftsman to the work site. This charge may include the cost of items such as booking the appointment, service fees, and mileage. Upon arrival, the craftsman will examine the proposed work, provide a range of the expected number of hours to complete the job as presented at that time, and obtain the customer's authorization to start work. which is evidenced by customer signing the front of this contract.

5.Labor Charges:Labor charges are set forth on the front of this invoice and are based on a stated dollar amount per hour per craftsman or laborer. There is a minimum charge of one hour of labor for all projects. Additional labor will

then be charged at the rates set forth on the front of this invoice and prorated in 15 minute increments.

6. Materials: Materials may be provided by customer, or at customer's request, Contractor will purchase the materials and deliver them to the job site. Materials purchased by a customer are not warranted by Contractor. If

Contractor purchases the materials, the costs of the materials plus an industry standard markup for handling services will be charged to customer in addition to the labor costs.Reasonable shopping time for materials that Contractor purchases are charged at the normal labor rate identified on the front of this invoice. Shopping time may be affected by special circumstances, such as exceptionally heavy/bulky materials, unique/hard to find items. or special customer requests, product research and multiple stores/trips. Contractor will use its best efforts to match style,

paint, texture. stain, or other existing conditions when obtaining materials to match or coordinate with other existing items on the property or other new items being installed, but there is no guaranty it will be able to do so in all

circumstances.

7. Specialty Equipment and Tools:The craftsman will normally have all equipment and tools necessary to perform the project. Some projects, however, may require specialty equipment or tools in order to properly and efficiently perform the job. Those equipment and tools will normally be rented from a third party service. Customer will be charged for all specialty equipment and tools necessary to complete the job timely.

8.Debris: Customer is responsible to designate a place to put debris. Haul away service is not included unless stated on the front of this invoice. If requested by customer, normal labor rates will apply for clean up, loading and

disposal. Dump fees may also apply and will be added to the invoice total.

9.1-lidden Site Conditions: "Hidden site conditions" are defined as subsurface or other physical conditions that are not visible upon normal inspection before work is Imdertaken.Upon discovery of a hidden site condition. Contractor will promptly notify the customer and if the conditions cause an increase in Contractor's cost or time required for performing any part of the work. an equitable adjustment shall be made to this invoice. Contractor reserves the right to stop all work once a hidden site condition is discovered until authorization to proceed is obtained from customer. A hidden site condition may delay the completion of the project past the projected completion date set forth on the front of this invoice.

10. Solicitation: It is agreed that client shall, under no circumstances, solicit or attempt to solicit an employee or subcontractor from Contractor to do work directly for a client. Any attempt to do so will void all warranties.

11.Insurance: Contractor carries Liability Insurance. Owner of the premises or customer are expected to carry usual property insurance. Contractor shall not be liable for any claims that would normally be handled by property

insurance if customer fails to carry such insurance.

12. Payment: Payment for labor and materials is due upon completion or Friday of each work week whichever comes first. Exceptions must be per a mutually accepted and signed payment schedule. Completion is defined as the

mom/area being in a usable condition, with usable condition meaning the room/area is usable for its general purpose. Payment may be made by cash. check, or credit cards (cards accepted are stated on the front of this

invoice). If payment is not received as stated, the credit card on file will be used to pay balance owed. Payment of amount due is conclusive evidence that customer has accepted the work as satisfactory. All sales are final and no refunds shall be made in any circumstances upon completion of job.

13. Insufficient Fund Checks: Contractor shall charge the lesser of $50 or the maximum permitted by applicable law for all checks returned for insufficient funds or stop payment.

14.Interest: In the event payment is not made as agreed above, interest on all unpaid balances shall accrue at the lower of 1.5% per month or the highest rate permitted by law, from the date the job was completed.

15.Meehanic's Lien: If any amounts are not paid when due, Contractor may file a lien on customer's or owner's property in accordance with applicable law.

16. Collection Costs: If legal action is taken to collect unpaid funds, customer agrees to pay all costs and expenses of collection, including reasonable attorney's fees.

17.Dispute Resolution:Client and contractor shall cooperate with one another in avoiding and informally resolving disputes between them. However,if the parties cannot resolve a dispute informally, all claims, disputes and other

matters. other than non-payment, in dispute between the parties, arising out or relating to this contract or any breach or alleged breach of this contract, will be decide by arbitration, unless the parties mutually agree otherwise. Except as otherwise provided herein or otherwise agreed by the parties, the arbitration shall be conducted in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association in effect at the time the dispute arises. This agreement to arbitrate and any agreement to arbitrate with additional parties, which are consented to by the parties to this agreement, shall be specifically enforceable under the prevailing arbitration laws.The award rendered by the arbitrators will be final and binding, and judgment may be entered upon it in accordance with the applicable law where work was performed.19. Estimates: Estimates are for approximate amount of time and material, and can cost more depending on unforeseen issues after the time of estimate including: Increases of material cost, Water damage, rot, mold, any instances where more labor or materials

are needed due to existing conditions that are found during the process of the job, Inability to gain access to job site & any other item or event that is beyond our control, including weather.

Allowances noted in estimates are for a rough Idea of cost of materials and labor (unless noted otherwise) up to dollar amount specified. This provision is added to estimates for items that have a large range of price options for

such given item. The allowance amount gives the customer a basic idea where cost may fall for such items, Cost is always based on customer selection of materials. If customer does not give specific material specifications, basic

(standard) items are figured in the allowance amount. If customer gives specific material requests, then this will always be noted on estimates. If such specific requests are not noted on estimates, then basic (standard) materials have been figured into bid. Allowances are only a Rough Idea as to the cost and are never an Estimate or Bid. Any & All additional charges to an estimate price will be brought to customer's attention as soon as such incurrence

arises. If customer is unable to be reached for approval, we reserve the right to discontinue work & bill customer for all labor & materials used.

If customer is notified by phone or in person verbally & gives approval to continue work, Customer grants us the right to hold the verbal ok to be considered as enforceable as a written change order. Customer also agrees to sign a written change order as soon as we are able to get one to the customer. Otherwise any & all changes or additions will be completed only after a written change order has been signed by customer. Some conditions may arise where we are unable to complete original job unless additions or change orders are approved. In these instances if customer does not sign change order, and/or grant us approval to continue, we will discontinue work, and bill customers for all labor and materials used. An additional trip charge may be added if we have to return to complete work if customer later decides to approve change order. All agreements contingent upon strikes, accidents, weather, or delays beyond our control. ( "Client" or "you" or "your" ), and its various operations, will govern your relationship with ABI Handymen Itc.

References herein regarding ABI Handymen 11c. web site include any and all web sites present, or hereafter, owned or operated by ABI Handymen Itc.

the work performed, Contractor will use its best efforts to rectify the situation in a reasonable manner.

2. Warranty Claims: In the event of a breach of any warranty set forth above. Contractor will fix, repair or replace the item at issue at no additional cost to the customer.

appointment, service fees, and mileage. Upon arrival, the craftsman will examine the proposed work, provide a range of the expected number of hours to complete the job as presented at that time, and obtain the customer's authorization to start work. which is evidenced by customer signing the front of this contract.

then be charged at the rates set forth on the front of this invoice and prorated in 15 minute increments.

Contractor purchases the materials, the costs of the materials plus an industry standard markup for handling services will be charged to customer in addition to the labor costs. Reasonable shopping time for materials that Contractor purchases are charged at the normal labor rate identified on the front of the invoice. Shopping time may be affected by special circumstances, such as exceptionally heavy/bulky materials, unique/hard to find items. or special customer requests, product research and multiple stores/trips. Contractor will use its best efforts to match style,

circumstances.

disposal. Dump fees may also apply and will be added to the invoice total.

9.Hidden Site Conditions: "Hidden site conditions" are defined as subsurface or other physical conditions that are not visible upon normal inspection before work is undertaken.Upon discovery of a hidden site condition. Contractor will promptly notify the customer and if the conditions cause an increase in Contractor's cost or time required for performing any part of the work. an equitable adjustment shall be made to this invoice. Contractor reserves the right to stop all work once a hidden site condition is discovered until authorization to proceed is obtained from customer. A hidden site condition may delay the completion of the project past the projected completion date set forth on the front of this invoice.

11 insurance: Contractor carries Liability Insurance. Owner of the premises or customer are expected to carry usual property insurance. Contractor shall not be liable for any claims that would normally be handled by property

insurance if customer fails to carry such insurance.

room/area being in a usable condition, with usable condition meaning the room/area is usable for its general purpose. Payment may be made by cash. check, or credit cards (cards accepted are stated on the front of this

13. Insufficient Fund Checks: Contractor shall charge the lesser of $50 or the maximum permitted by applicable law for all checks returned for insufficient funds or stop payment.

15.Meehanic's Lien: If any amounts are not paid when due, Contractor may file a lien on customer's or owner's property in accordance with applicable law.

16. Collection Costs: If legal action is taken to collect unpaid funds, customer agrees to pay all costs and expenses of collection, including reasonable attorney's fees.

are needed due to existing conditions that are found during the process of the job, Inability to gain access to job site & any other item or event that is beyond our control, including weather. Allowances noted in estimates are for a rough Idea of cost of materials and labor (unless noted otherwise) up to

dollar amount specified. This provision is added to estimates for items that have a large range of price options for such given item. The allowance amount gives the customer a basic idea where cost may fall for such items, Cost is

always based on customer selection of materials. If customer does not give specific material specifications, basic (standard) items are figured in the

allowance amount. If customer gives specific material requests, then this will always be noted on estimates. If such specific requests are not noted on estimates, then basic (standard) materials have been figured into bid. Allowances are only a Rough Idea as to the cost and are never an Estimate or Bid. Any & All additional charges to an estimate price will be brought to customer's attention as soon as such incurrence arises. If customer is unable to be reached for approval, we reserve the right to discontinue work & bill customer for all labor & materials used. If customer is notified by phone or in person verbally & gives approval to continue work, Customer grants us the

right to hold the verbal ok to be considered as enforceable as a written change order. Customer also agrees to sign a written change order as soon as we are able to get one to the customer. Otherwise any & all changes or additions will be completed only after a written change order has been signed by customer. Some conditions may arise where we are unable to complete original job unless additions or change orders are approved. In these instances if customer does not sign change order, and/or grant us approval to continue, we will discontinue work, and bill customers for all labor and materials used. An additional trip charge may be added if we have to return to complete work if customer later decides to approve change order. All agreements contingent upon strikes, accidents, weather, or delays beyond our control.

TERM OF AREEMENT

A. Effective Date. This agreement shall commence on the date the Service Request is submitted and shall commence hereinafter unless terminated by ABI Handymen lic..

B. Notice. Notice of termination to the Client shall be sent by registered or certified mail to the principle place of business or resident of the party to whom such notice is addressed. And Company will make every effort to provide Client with a verbal notification.

Termination of Client Account. ABI Handymen 11c. , in its sole discretion, reserves the right to suspend your rights under this Agreement or terminate this agreement and your business in the ABI Handymen 11c. network immediately at any time for any reason or no reason at all.. The effective date of termination shall be immediately upon Company's decision. Terms and Conditions of this agreement that will remain in effect thereafter include, but are not limited to, Payments and Billings, up to the point of completion determined by Company, and Protection of Customer Relations. All outstanding invoices must be paid in full and any delayed billing paid upon presentation immediately thereafter. A full forced halt of service, including Contractors labor will be immediately effective, thereat. Services and materials created by us shall remain our property, and you shall be deemed to have released all rights with respect thereto of such services or materials and relationships thereafter. In the case materials have been prepaid, such materials will remain on the premises in there place thereat, and unmoved by Company thereafter. These terms and conditions under termination section shall remain between ABI Handymen 11c. and the Client. These decisions shall not be made, nor the concern of the Contractor created through Company. Although as mentioned in Privacy Policy, Contractor will be informed of termination and instructed to disregard materials prepaid, collect personal tools and equipment and exit the Clients premises thereat. All property or materials prepaid and property of Client is agreed to remain thereon Clients premises. Call for prosecution against a Contractor or any other court proceeding is deemed reason for termination. If this agreement is terminated or expires, your agreements and obligations under this Agreement shall continue with respect to Section VE. In the event of termination of this

agreement, you shall not be entitled to any refund of any fees paid to us, including any prepayments.

C. Notice. In the case Company sets forth the decision to terminate SUBContractor, Company will make every effort to provide Client with a verbal notification of SUBContractors termination.

E. Termination of SUBContractor. In the Case Company sets forth the decision to terminate SUBContractor, you shall thereat be deemed to have released all rights with respect thereto of such services and materials not property of

Client and relationships. Explanation for such event would be inconsistent with the Privacy Policy for the Contractor, and there for may not be provided.

Thereafter, on behalf of the Clients consent, Company will make effort to replace SUBContractor and complete the services. Company will make effort to produce a SUBContractor at the same rate. Although Client understands rates and charges are subject to change.

V. GENERAL PROVISIONS

A. Clients Property. We will take every reasonable precaution to safeguard any and all of your property entrusted to our SUBContractors custody or control, but in the absence of gross negligence on our part or willful disregard by us

of your property rights, we are not to be held responsible for any loss, damages, destruction or unauthorized use by others of any such property. For the gross negligence on the SUBContractors part or willful disregard by

SUBContractor, SUBContractor agrees to take full responsibility and provide all information needed by Client in order to prosecute.

B. Right to Modify Plans. You reserve the right, in your own best interests and sole discretion, to modify, reject cancel or stop any and all plans, schedules, work in progress and in such event we will immediately take proper

steps to carry out your instructions. In turn, you agree to assume our liability for all authorized commitments; to reimburse us for all expenses incurred; to pay us any related service charges in accordance with the provisions of

this agreement; and to indemnify us for all claims and actions by third parties for damages and expenses in consequence of carrying out your instructions. Client agrees that Contractor has the same rights as written herein

(right to modify plans) and accepts these possibilities, and agrees to indemnify Company and SUBcontractor for such misfortunes.

C. Failure of Services. When securing placement with services, we shall endeavor to the best of our knowledge and ability to guard against any loss to you through failure of services or Contractors to execute their commitments.

D. Access. All contracts, orders, copy, files, records, accounts and other documents and matters in our possession or under our control which pertain to your company, its business or its services will be available for your examination at all reasonable times during our regular business hours and with reasonable prior notice to us. Although Agency holds the right to deny requests.

E. Indemnification. Limitation of Liability; Disclaimer of Warranties.

1. Indemnification. You shall fully protect, indemnify and defend

ABI Handymen 11c. and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns (Indemnified Parties)

and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property

infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or

in the course of or incidental to any of your work for or dealings with any customers, or your services, representations, advertising, or obligations (including but not limited to your obligation to maintain the

confidentiality of user personal information) as provided in this agreement, including any extra work, regardless of cause or of any fault or negligence of ABI Handymen lic. or the indemnified parties and without regard to cause or

to any concurrent or contributing fault, strict liability or negligence, whether sole, joint or concurrent, active or passive by ABI Handymen 11c. or the indemnified parties.

2. Limitation of Liability. In no event are we liable to you for any consequential, indirect, incidental, punitive or special damages, lost revenue, lost profits or loss of goodwill. In no event will the total aggregate liability of

ABI Handymen Itc. to you exceed the amount of fees actually paid by you to ABI Handymen 11c. during the proceeding 12 months, regardless of the basis or form of claim.

3. Disclaimer of Warranties. You acknowledge and agree that the

ABI Handymen 11c. services are provided to you on an as is basis, and including but not limited to any warranties of merchantability, fitness for a particular purpose, and non-infringement, to the maximum extent permitted by law. Client agrees to indemnify us and hold us harmless against any claims of liabilities which we may incur based on any defects or loss of services, materials, tools, individuals, terminations, verbal notifications or other affairs

produced through Company. Further, Client agrees to indemnify Company, and hold Company harmless against any liabilities, claims, proceedings, suits or expenses, including attorneys' fees, being made or instituted against Contractor or Company, in respect to any and all services materials or claims prepared by Company for Client. Finley, Client agrees to indemnify us and hold us harmless against any claims of impersonating any other business

or businesses, or yours.

F. Confidentiality. It is understood that the business and the plans of the Client, Contractor and Agency are subject to complete confidentiality.

G. Protection of Customer relations. For as long as the business relationship between Company and its Client shall exist, and for a period of two years thereafter, Client agrees and undertakes that Client will not,

I. Contact or assist any third party to contact any Contractor directly or indirectly in which services have or had been or not, provided by.

2. Divert, entice or take away any Contractor, business, patronage or orders from Company or attempt to do so.

3. Client will be in violation of this covenant if Client engages in any of the activities set forth herein directly as an individual or corporation.

Client agrees and undertakes that Client will,

1. Contact Company in the case that a Contractor directly or indirectly contacts Client without using the services provided by Company.

H. Further More. Notwithstanding any other provisions of this agreement, the prices paid by Client for any services under this agreement are herby warranted by Company to be comparable to those of Client, or more favorable to the Client, than the comparable prices, terms and conditions that have been offered by Agency to any of its other clients. If at any time during the term of this agreement, Agency shall contract, or have contracted, with any clients for any services substantially similar to that provided to client at a price less than the comparable price or price or prices specified here, then this Agreement shall stay in effect until the end of the services currently being provided, and amended thereafter, to provide the more favorable price, term or condition to Client or Company.

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