Cambridge Maintenance Property Solutions Terms and Conditions

Estimates valid for 30 days (or as indicated in your estimate). Contracts will be sent for signature upon approved estimates as warranted. Below is a summary of our contract terms.

Estimate does not include any unforeseen circumstances and Cambridge is not responsible for any unforeseen circumstances that may delay the job. If any may arise during the course of the job, Cambridge technicians will stop work, assess the situation and bring any extra costs to your attention immediately. In the event that may occur, a change order to the contract will be submitted. Cambridge is not responsible for any other repairs, landscaping, carpet, tile, wall or floor repairs, remediation costs, or concrete or stucco replacement unless included in the bid as outlined above. Approved invoices not scheduled will be subject to a restocking fee for all supplies and 10% labor charge. 1.5% monthly service charge for any balance due over 45 days.

Permits and fees not included. The work described in this estimate shall be done according to approved plans and/or agreed upon scope. All required permits and fees are the responsibility of the owner and will not be obtained by Cambridge unless outlined above. All other charges, taxes, assessments, fines, fees etc. of any kind whatsoever, required by any government body, utility company, board, commission, or the like shall be paid for by the Owner. Owner assumes all liability for any permits or fees not obtained.

Change orders: All extra work as well as any other modifications to the original contract shall be specified and approved by both parties in a written change order. All change orders shall become a part of this contract and incorporated herein. Any additional costs incurred by Contractor shall be added to the contract price as extra work and the Owner agrees to pay Contractor its normal price for such work. Extra work and change orders become a part of the contract once the order is prepared in writing and signed by the parties prior to commencement of any work covered by the new change order. The order must describe the scope of the extra work or change, the cost to be added or subtracted from the contract, and the effect the order will have on the scheduled progress payments.

Owner is responsible for the following:
-Owner is responsible to see that all necessary water, electrical power, access to premises, and toilet facilities are provided on the premises
-Owner is responsible to provide storage areas on the premises for equipment and materials
-Owner is responsible to relocate and protect an item that prevents the Contractor from having free access to the work areas including but not limited to clothing, automobiles, draperies, appliances, fixtures, plants or any other personal effect or fixture. In the event that Owner fails to relocate such items, Contractor may relocate these items upon agreement from Owner and/or Contractor may attempt to work around them, but in no way is Contractor responsible for damage to these items during their relocation and during the performance of the work. However, the Contractor will be responsible for any damages resulting from the Contractor’s gross negligence.
-Owner is responsible to correct any existing defects which are recognized during the course of work. Contractor shall have no responsibility or liability for correcting any existing defects such as, but not limited to, dry rot, structural defects, or code violations, unless otherwise noted in the contract.

Delays: Contractor shall not be held responsible for any damage occasioned by delays resulting from Owner’s subcontractors, extra work, acts of owner or owner’s agent including failure of owner to make timely progress payments or payments for extra work, shortages of materials and/or labor, bad weather, strike, war governmental regulations, or any other contingencies unforeseen by Contractor or beyond Contractor’s reasonable control.

Surplus materials and salvage: Any and all remaining Owner-provided supplies to remain on the premises after painting is complete.

Clean up: Upon completion, and after removing all debris and surplus materials, wherever possible, Contractor will leave premises in a neat, broom clean condition.

Method of paint application and paint colors: Owner authorizes Contractor to use any method of paint application that Contractor deems appropriate, whether it be brush, pad, roller, spray or a combination thereof. Where colors and sheen factors are to be matched, Contractor shall make reasonable efforts to do so but does not guarantee a perfect match. At the written request of Owner, Contractor shall provide a sample of any paint for approval by Owner. If Owner does not request a paint sample, Contractor is authorized to apply the manufacturer’s standard paint as identified in this contract and is not responsible for any differences between the manufacturer’s color chart and the paint as it is supplied.

Hazardous substances: Owner understands that Contractor is not qualified or licensed as an inspector or abatement contractor for Hazardous materials (as defined by the government). Should any such substances be suspected to be present on the premises, it is the Owner’s responsibility to arrange and pay for inspection and abatement. Contractor cannot certify or warrant your building as free from hazardous substances.

Right to stop work and to withhold payment on labor and material. If a payment is not made to the Contractor as per the contract, Contractor shall have the right to stop work and keep the job idle until all past due progress payments are received.

Payments. Payments shall be made per sec. 7159(e) and (f) of the California Business and Professions Code. Pursuant to Sec 7159 (f) of the California Business and Professions code, upon satisfactory payment being made for any portion of the work performed, the contractor shall, if requested prior to any further payments being made, furnish to the person contracting for this property improvement, a full and unconditional release from any claim or mechanic’s lien pursuant to Section 3114 of the Civil Code, for that portion of the work which payment has been made.

Legal fees. In the event litigation arises out of this contract, prevailing party(ies) are entitled to all legal, arbitration, and attorney fees. The court shall not be bound to award fees based on any set court fee schedule but shall if it so chooses, award the true amount of all costs, expenses and attorney fees paid or incurred.

NOTICE OF RIGHT TO CANCEL
Notice of cancellation
You, the buyer, have the right to cancel this contract within three business days. You may cancel by emailing, mailing, faxing or delivering written notice to the contractor at the contractor’s place of business by midnight of the third business day after you received a signed and dated copy of the contract that includes this notice. Include your name, your address, and the date you received the signed copy of the contract and this notice. If you cancel, the contractor must return to you anything you paid within 10 days of receiving the notice of cancellation. For your part, you must make available to the contractor at your residence, in substantially as good condition as you received it, any goods delivered to you under this contract or sale. Or, you may, if you wish, comply with the contractor’s instructions on how to return the goods at the contractor’s expense and risk. If you make the goods available to the contractor and the contractor does not pick them up within 20 days of the date of your notice of cancellation, you may keep them without any further obligation. If you fail to make the goods available to the contractor, or if you agree to return the goods to the contractor and fail to do so, then you remain liable for the performance of all obligations under the contract.

WAIVER OF RIGHT TO CANCEL
Having initiated a contract in connection with emergency repairs or services for the immediate protection of persons or real and personal property with Cambridge Maintenance and Property Services, Inc. I hereby state the following emergency situation exists requiring immediate attention: Pursuant to section 1689.13 of the California Civil Code, I acknowledge and hereby waive all rights to cancel the sale in three
days.

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