JPS-WNC LLC TERMS AND CONDITIONS
JPS-WNC llc (JP Hereinafter) right to cancel – The customer(s) understand that the final approval of this contract rests with the Owner of JP Solutions of Western North Carolina llc (JP hereinafter). In the event that this contract is canceled within 3 days by either party, JP will immediately refund to the customer(s)(s) any payment(s) made hereunder and this contract shall be null and void and of no effect. If the homeowner has authorized work to commence in less than three days after the contract acceptance, this cancelation clause does not apply.
- Permits – Building permits (if and when) required) will be obtained and paid for by the customer with assistance provided by JP.
- Installation – JP reserves the right to subcontract any part of, or all of the work herein
- Satellite Dishes – The customer(s) understand the customer is responsible for having their satellite provider relocate the dish to the fascia or ground prior to the commencement of the project
- Owner’s Responsibility – For any damage to materials or equipment, or theft of materials or equipment supplied by JP, the owner’s agree that they will fully cooperate with the JPS insurance provider should a claim be necessary, if needed.
- Surplus Materials and Salvage – We always order extra materials for each job to make sure that we have enough to complete the job. Any surplus material left over after this project is completed is the property of JP and will be removed by JP in a timely fashion. No credit is due owner on returns for any surplus material because this contract is based upon a complete job. Any salvage material resulting from work under this contract is the property of JP unless other arrangements have been made with the customer within the contract.
- Delay – JP shall not be held liable for any damage caused by delays resulting from: work done by owner or owner’s sub-contractors, scheduled extra work, acts of owner or owner’s agent including failure of owner to make timely progress payments, if any, or payments for extra work, shortages of material and/or labor, bad weather, fire, strike, war, government regulations, “Acts of God” or any other contingencies unforeseen by JP or the customer and beyond JP’s reasonable control.
- Clean-up – Upon completion, JP will remove all debris and surplus materials and will leave the property in the same cleanliness state that existed when the project started. Any clean up inside the home or attic, other than for painting or repair work completed by JP as a defined part of the executed contract is the sole responsibility of the owner. JP recommends that the customer(s) uses drop clothes to protect furniture, flooring, and other valuables stored with any attic spaces wherever the owner discovers dust intrusion from the project especially if ridge vents or attic fans are being installed or rotted roof sheathing is being replaced.
- References – JP may use the customer’s name, street name without number, email address, and phone number on a project reference list to verify product quality and/or workmanship for other perspective customers. The owner grants permission to JP to take, use, and/or publish pictures (without location identification) of the worksite before, during, and upon completion of the project.
- Additional Items – The owner agrees to promptly pay JP for any additional items that are invoiced to and paid by the insurance company to (if an insurance claim is involved) to include but not be limited to Paid When Incurred (PWI) items, any supplemental items or code compliance items, and/or any Overhead and Profit (O&P) payments made by the insurance company to the owner. Any authorized charges for any additions to the executed contract charges will be immediately paid to JP upon presentation of our invoice.
- Concealed Damage – JP will inform the owner of any dry rot, water damage, or other substrate degradation which is concealed and is discovered during the course of the work upon discovery of same. JP is not required to repair such damage unless authorized as an addition to the contract and an additional charge for labor and materials is paid for by the customer(s). JP may refuse to complete the project if the damage is so extreme that it would void any product manufacturer’s warranty, violates any applicable building codes, or the owner does not want to proceed with the repairs. Bowed plywood between rafters is common on older homes and is not considered a defect.
- Termites, Pests, and Hazardous Materials – The owner understands that the JP is not qualified or licensed as an inspector or abatement contractor for hazardous materials including lead paint and asbestos, or for pests including but not limited to bees, termites, squirrels, raccoons, carpenter ants or any other pest. Should any hazardous materials or pests be discovered on the premises that might affect the timing of the project completion, JP will bring this matter to the immediate attention of the owner and it is the owner’s responsibility to arrange and pay for inspection, abatement and/or remediation. JP cannot and will not certify or warrant that your building or property is free of hazardous substances or pests.
- Right to stop work – If any payment is not made in accordance with terms of the executed contract, JP reserves the right to stop work and keep the job idle until all payments are made in accordance with this contract. It is the owner’s responsibility to make sure that all insurance company payments are processed in a timely manner and all bank approvals are expedited by the homeowner to insure that JP Solutions gets paid in a timely manner. Should the homeowner not be diligent in this manner, JP, may at their sole option require full and immediate payment for all remaining amounts owed for the project.
- Collection and Legal Fees – The owner agrees to pay all collection fees and charges, including but not limited to, all legal and attorney fees , all court filing fees, and any association collection costs incurred by JP that result should the owner default and fail to pay for all amounts due under this contract as they become due and payable. Any past due amounts are subject to interest charge at the rate of 1.5% per month on the accrued balance including interest charges.. JP reserves the right to file a lien against the owner’s property for any past due amounts. It is the owner’s responsibility to pay for any costs associated for both the filing and removal of this lien as an automatic extension to this contract.
- Arbitration of Disputes – For amounts under $10,000.00 either party may file a claim in a small claims court that has jurisdiction for recovery of a claim. Either party may also submit an arbitration request for any amount to the Better Business Bureau (BBB). Any controversy or claim relating to this contract over $10,000.00, or the breach thereof, shall be settled by arbitration in accordance with the Construction Industry Rules of the American Arbitration Association which are in effect at the time for the demand for arbitration is filed. A judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Any arbitration award shall be subject to correction and/or vacation for reasons cited in the law. The arbitrator shall award reasonable attorney fees and expenses to the prevailing party. After given due notice, should any party fail to appear or participate in good faith in the arbitration proceedings, the arbitrator shall make an award based upon the evidence presented by the party(ies) who appear and participate in the arbitration process. Notwithstanding JP’s right to arbitrate, JP does not waive any lien rights for any and all monies that may be due JP by the owner.
- Disclosure -The customer specifically agrees to the above terms and conditions and will not disclose details of this contract, or make any disparaging or negative remarks to any third party or in any public forum (other than the customer’s legal counsel) at any time including but not limited to newsletters, newspapers, television, social media, and/or any internet websites. The customer will be held responsible for any damages that may result from any improper disclosure and specifically agrees to remove same immediately upon receiving a written request by JP and fully compensating JP should any damage to our reputation occur.
NOTICE: By executing this contract, you are agreeing to have any dispute arising out of the matters included in the “arbitration of disputes” provision decided by neutral arbitration as provided by law and you are giving up any rights you might possess to have the dispute litigated in a court or jury trial and you are giving up your judicial rights to discovery and appeal, unless those rights are specifically included in the “arbitrations of disputes” provision. If you refuse to submit to arbitration after agreeing to this provision in this contract, you may be compelled to arbitrate under the authority of the applicable laws. Your agreement to this provision is voluntary. By executing this contractual document, I agree to comply with the above terms and Conditions.
These terms and conditions are an integral part of any contract executed with JP for any project within the State of NC.