TERMS AND CONDITIONS
By signing this Agreement, these Terms and Conditions for this work order shall be in effect and be the binding agreement between the Contractor and the Client, collectively known as the Parties, unless expressly modified or excluded in writing by the contractor, with the consent of the client.
1. Scope of Work
The Contractor shall perform and carry out all the works described in this order in a workman-like manner. All other works not within the scope of this Agreement shall not obligate the Contractor to perform unless otherwise agreed in writing. Should there be any discrepancies between specifications indicated compared to the drawings, the specifications indicated herein shall prevail.
2. Permits
It shall be the Client’s responsibility to secure necessary permits necessary for the works found in this Agreement.
3. Invoice
This Invoice is valid for 30 days from the time accepted by the Client. The signing of this agreement by both parties constitutes the effectivity of these Terms & Conditions and represents a binding contract between the parties.
4. Payment.
Client shall pay the Contractor the full amount of this Agreement, including other fees and taxes, according to the following terms:
(1) 50% down upon signing of this Agreement by the Client.
(2) 50% shall be paid after completion of work.
5. Client Representation and Obligations
The Client warrants that all information about the site has been disclosed such as, but not limited to, pipes, cables, and drains. In case problem arises while in the progress of work, the Contractor may work on the problem but shall be entitled for additional charges for work rendered and may demand for additional charges for use of supplies and materials, or may suspend work until the problem is addressed, at the choice of the Client. Electricity and other facilities and its use shall be provided by Client.
6. Period of Completion
The period set in this Agreement is an estimated period set to the best of knowledge of the Contractor and may be completed earlier or later than the specified date. The Contractor shall complete the work in the period agreed upon by the parties or within the best and reasonable time possible. By which, any reasonable delays from the date specified shall not be a cause for penalties against the Contractor.
7. Management of Materials
Upon delivery of the materials to the site, the Contractor shall not become responsible for loss damage or expense on said materials, provided that such damage is not caused by any of the Contractor’s personnel. The materials brought into the site which are in excess to the required and/or agreed upon shall remain to be the ownership of the Contractor and may demand for recovery of the said materials.
8. Warranties and Exclusions
Works down by the Contractor shall have a warranty period of one year, extendable depending on the agreement made between the parties. The warranty shall not cover acts of negligence or damage is caused by the Client or damages caused by Acts of God (earthquake, storm, floods, etc.). Any warranties covered by the Contractor shall be limited to replacement or repair.
9. Disputes and Resolutions
In case any damage, dispute, claim or controversy concerning this agreement which cannot be resolved within sixty (60) days shall be forwarded to arbitration, to the election and agreement by both parties. The Parties shall equally share to all the costs and expenses to the proceeding. The losing Party shall pay the cost of attorney’s fees of the prevailing party, other than the award from the dispute.