HOME REPAIR  •  HANDYMAN SERVICES  •  HOME IMPROVEMENTS  •  RENOVATIONS  •  PAINTING

Phone

678.455.2434

Email

HandyHeroInc@yahoo.com

Service Area

Forsyth, South Dawson, North Fulton,
North Gwinnett, East Cobb

TERMS & CONDITIONS

Terms & Conditions you agree to by hiring Handy Hero, Inc.:

  1. SCOPE OF WORK
    1. Unless otherwise agreed, HHI shall provide labor and materials, as more fully described in documents created for and attached to this Agreement, including but not limited to Estimates, Exhibits, Addendums, or other documents. referenced and/or attached hereto (“Contract Documents”), and made a part hereof (the “Work”), in accordance with the terms and conditions set forth herein.
    2. HHI will perform all construction and “handyman” services described in the Contract Documents (including any amendments). HHI shall not be responsible for any additional services, including any third-party work, absent written agreement with HHI.
    3. All amendments shall be in writing and executed by both Parties. The Parties may agree to place minor changes on a list as they arise on site, for later inclusion as a formal amendment. Owner shall be liable to HHI for work done by HHI with Owner’s verbal agreement but not reduced to a formal, executed amendment. HHI shall have no responsibility to Owner for work not covered by a formal amendment.
  2. COMPENSATION
    1. HHI’s Compensation. Owner shall pay HHI, as compensation for the Work, the contract sum set forth in the Contract Documents, subject to any adjustments agreed upon and set forth in amendments or changes in the Contract Documents (the “Contract Amount”).
    2. Payment Terms. If stipulated in the Contract Documents, Owner shall pay to HHI, as a down payment for the Work to be performed, prior to the commence of the Work. This will be applied to the Contract Amount. Additional payments may be agreed upon at certain Work completion dates, as set forth in the Contract Documents. Owner shall reimburse HHI for all materials acquired by HHI for the Work upon submission of the receipt for the materials by HHI.
    3. Final Payment. Owner shall pay HHI the final payment upon completion of the Work, defined as the date Owner accepts all the Work (“Final Completion”). That occurs when the Work has been fully completed and all non-conforming work has been corrected, and any liens arising out of the Work have been satisfied. HHI shall submit a final invoice to Owner, including a description of the Work performed and a description of the materials used and expenses incurred. Payment of the invoice shall be due immediately after the final walkthrough, and under no circumstances more than 7 days following Owner’s receipt of the invoice, unless otherwise agreed by the Parties. All unpaid payments shall be subject to interest at the rate of 1.5% per month.
  3. START DATE
    1. HHI shall commence the Work on the date set forth in the Contract Documents (the “Start Date”). defined as when the Work is sufficiently complete as to allow Owner to occupy or utilize the Work (“Substantial Completion”).
  4. OWNER RESPONSIBLITIES
    1. Owner agrees to work with HHI in good faith in providing HHI reasonable cooperation in enabling HHI to perform the Services, including (a) access to the site; (b) adequate electrical power and water resources as requested by HHI; (c) providing information, materials and other resources as set forth in the Contract Documents. Should Owner fail to meet these obligations, HHI reserves the right to suspend performance under the Agreement until Owner meets its obligations.
    2. Owner shall be responsible for obtaining any necessary approvals from governmental authorities having jurisdiction over the Work, if required, including but not limited to obtaining permits (at Owner’s cost), any approvals (at Owner’s cost) and verifying that Work is compatible with appropriate zoning ordinances.
  5. HHI RESPONSIBILITIES
    1. Completion of Work. HHI shall substantially complete the Work within a reasonable time, unless the Parties agree on a specific completion date (“Specified Date”) in the Contract Documents. Any such Specified Date shall be subject to Owner’s fulfilling its obligations as set forth in Section 4.
    2. HHI’s Employees and Subcontractors
      1. HHI shall have sole control and responsibility for all matters involving its employees or subcontractors. HHI shall have the sole responsibility for the selection, discipline and working conditions of its employees and subcontractors, provided, Owner shall have the right to object to the use of any employee or subcontractor performing the Work. HHI agrees to take reasonable steps to otherwise assign or not use any such employees or subcontractors, absent Owner’s absolute requirement to not use them. Any such absolute requirement must be based upon reasonable grounds for not utilizing them.
      2. HHI will be solely responsible for determining the amount of (and paying) all wages, fees, and other benefits of its employees and subcontractors.
      3. HHI shall perform the Work diligently and professionally, in accordance with the standard of similar contractors and handymen in the area.
      4. HHI shall be an independent contractor and nothing in this Agreement shall be construed to create a joint venture, partnership or agency relationship between Owner and HHI. Should HHI procure goods, equipment, or materials for the Work for the account of the Owner, Owner shall retain all responsibility for the cost and delivery of these items.
      5. Owner further acknowledges that all HHI employees and subcontractors are vetted and, as required, trained by HHI and agrees not to engage any such employees or subcontractors directly, absent the written approval by HHI (which will not be unreasonably withheld), for a period of six
        (6) months following termination of the HHI Work project. Should Owner and HHI employees or subcontractors directly engage in any such activities, HHI shall have no responsibility to Owner for the performance, or lack thereof, of these projects.
  6. Insurance Requirement
    1. The HHI agrees to carry a minimum of insurance as follows for the duration of this Agreement.
      1. Workers’ Compensation, in accordance with applicable Law.
      2. General Liability Insurance to a limit not less than one million Dollars ($1,000,000) per occurrence. The primary, umbrella and/or excess liability policies that, alone or in combination, provide the stated limit.
  7. Limited Warranty
    1. HHI hereby agrees assign to Owner all Manufacture’s warranties for all goods, equipment and materials purchased for use in the Work.
    2. HHI further warrants (i) that it will perform the Work according the Contract Documents and in accordance to local industry standards; (ii) that the Work will not contain any material defects caused by
      HHI’s failure to perform the work in accordance with 5.1, and, if such defects are discovered and communicated, in writing, to HHI, within 1 year of completion of the Work, HHI shall make reasonable commercial efforts to correct any such defects; (iii) and that it will make reasonable efforts to use new materials, of good quality (unless otherwise required or approved by Owner).
    3. Notwithstanding the foregoing, HHI is not responsible for damages or delays caused by; (i) manufacturing defects in the materials or equipment used that are unknown to HHI; (ii) the improper use, application, installation or maintenance of any part of the Work by Owner or any Third Party; (iii) any materials provided by Owner; (iv) any unauthorized modifications by Owner or any Third Party; (v) any misuse of the Work; (vi) normal wear and tear. NO OTHER WARRENTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO FITNESS FOR A SPECIFIC PURPOSE, SHALL APPLY TO THE WORK.
  8. Limitation on Liability
    1. Notwithstanding anything in this Agreement to the contrary, in no event shall either Party be liable to the other Party (a) delay damages, out of sequence damages, or similar losses, or (b) consequential damages, including without limitation any lost profits, except for any such damage to HHI resulting from (i) active interference by Owner; (ii) delay or failure of Owner to obtain necessary permits it is obligated to obtain; (iii) failure of Owner to make the work site accessible to HHI, (iv) unreasonable delay of Owner in providing information or making decisions; or (v) failure of Owner or its designers to review shop drawings and other submittals within fourteen days. HHI’S TOTAL LIABILITY UNDER THIS AGREEMENT SHALL BE CAPPED AT THE TOTAL OF ALL WORK CONTRACTED FOR UNDER THIS AGREEMENT AND ALL WORK ORDERS, CONTRACT DOCUMENTS AND AMENDMENTS HERETO.
  9. Term and Termination
    1. This Agreement shall terminate three (3) years after the Effective Date of this Agreement. In the event that Work remains due under any Contract Documents, this Agreement shall be extended to remain in force during the completion of any such remaining Work.
    2. Termination by Owner; Owner has the right to terminate Agreement at any time by submitting written notice to HHI of its desire to terminate. This termination shall not terminate any existing Work, including Amendments, set forth in the Contract Documents.
    3. Owner shall be entitled to terminate any existing Work, including Amendments, as set forth in the Contract Documents, solely as a result of a default by HHI of work set forth in the Contract Documents. Any such default shall be communicated promptly to HHI, in writing (including e-mail), setting forth the specific items at dispute, and granting HHI a reasonable amount of time, (but not less than 30 days), to cure any such defaults.
      1. Default issues are limited to; (i) persistent failure to carry out the Work in accordance with the Contract Documents shall be to terminate the Agreement and the Contract Documents; (ii) persistent failure to assign necessary employees or subcontractors to perform the Work, including Amendments, as set forth in Section 5.
    4. Should HHI fail to cure any such default, Owner’s sole and exclusive remedy shall be to terminate the Agreement, and any remaining Work, and to a refund of an amount up to, but not more than, the amount already paid for non-conforming Work. In no event shall HHI be liable to Owner for any replacement work or any additional damages in connection with this failure to perform the Work. Owner shall be liable to HHI for all work completed and accepted by Owner, irrespective of this default.
    5. Termination by HHI. HHI has the right to terminate Agreement at any time by submitting written notice to Owner of its desire to terminate. This termination shall not terminate any existing Work, including Amendments, set forth in the Contract Documents.
    6. HHI shall be entitled to terminate any existing Work, including Amendments, as set forth in the Contract Documents, as a result of a default by Owner of work set forth in the Contract Documents. Any such default shall be comumicated promptly to Owner, in writing (including e-mail), setting forth the specific items at dispute, and granting Owner a reasonable amount of time, (but not more than 15 days), to cure any such defaults.
      1. Default issues include; (i) failure to pay the Down Payment or Contract Sum as provided herein;
        (ii) unreasonable interference with the Work by Owner or others representing Owner; (iii) persistent failure to perform any obligation agreed upon by Owner under the Contract Documents and this Agreement (iv); any material breach of the Agreement or any Contract Documents.
      2. Should Owner fail to cure any such default, HHI my exercise all rights or remedies at law or equity, including the right to cease work and to file a lien on Owner’s property or any equipment provided by HHI.
  10. Miscellaneous
    1. If either Party institutes any suit, action, or other proceeding in any court of competent jurisdiction, to enforce any covenant or agreement hereunder or to obtain any of the remedies herein provided, the prevailing Party shall be entitled to recover its court costs and reasonable attorney’s fees.
    2. This Agreement constitutes the entire agreement between the Parties as to the matters provided herein and, except as expressly provided by Section 5.3 of this Agreement with respect to Minor Changes in the Work ordered by Owner, may be amended only by a written agreement executed by each of the Parties.
    3. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia. Both HHI and Contractor consent, exclusively, to the adjudication of any dispute arising out of this Agreement by the appropriate federal or state court of competent jurisdiction serving Forsyth County, Georgia. Any rule of interpretation or construction that requires that ambiguities be construed against the party drafting the Agreement or any similar rule or doctrine shall have no application to the Contract Documents.
    4. It is the intention of the Parties that the provisions of this Agreement be severable. In the event any provision of this Agreement is found to be unenforceable by a court of competent jurisdiction, the other provisions of this Agreement shall remain in full force and effect.