1. Parties; Work.
“Contractor” means ACCG INC acting by and through its authorized representatives, employees, and subcontractors. “Customer” means the person or persons (collectively) accepting this Agreement, together with the Customer(s) listed on the Proposal (if different), jointly and severally.
Contractor is expressly permitted to engage subcontractors for performance of all or any portion of the Work. These Terms & Conditions (these “Terms”), together with the Proposal, as well as all addenda and exhibits included herewith, and any additional pages describing the Work appended thereto, constitute the entire, final, and exclusive agreement between Contractor and the Customer concerning the subject matter hereof (collectively, the “Agreement”).
All capitalized terms on the Proposal and any additional pages describing the Work which may be appended thereto shall have the meanings ascribed to them in these Terms.
The term “Work” means the written scope of work set forth in a Proposal (and any additional pages describing the Work appended thereto), together with any modifications, additional or supplemental work, or change orders.
“Proposal” means any written documentation, invoice, offer, or proposal by the Contractor for the performance of Work which is accepted by Customer.
“Substantial Commencement” means the earlier of the date upon which either (i) materials are delivered to the jobsite where the Work is to be performed (the “Property”), or (ii) the actual performance of labor at the Property is undertaken.
“Substantial Completion” means the date upon which the Work has been determined by Contractor to be ready for final inspection (if applicable), or, if no inspection is required, that the Work has been substantially accomplished, as determined by Contractor, less any punch list or minor corrective work.
All commencement, completion, and other dates stated by Contractor are rough approximations only and are not intended to be or construed as guarantees of any kind.
Customer grants Contractor the right to take “before and after” photos and to publish the Property on a references list which may be provided to prospective customers.
2. Terms of Payment.
Time is of the essence with regard to all of Customer’s obligations under this Agreement. If any payment is not received by Contractor when due, Contractor shall have the right, in addition to all other remedies it may have, to stop performance of the Work and keep the job idle until all past due payments are received.
Furthermore, in the event of nonpayment, Contractor shall be considered excused by Customer from paying, and shall not be considered in breach of this Agreement for refusing to pay any material, equipment, and/or labor suppliers or subcontractors whose payments become due during the period in which Customer’s payments remain outstanding.
If Customer makes payment directly to any material, equipment, or labor suppliers or subcontractors of Contractor, Contractor is expressly released from liability for inaccurate or duplicate charges. Payment of such sums shall not relieve Customer of its obligation to pay Contractor in accordance with the provisions of this Agreement.
3. Additional Work.
Contractor is expressly permitted, but is not required, to perform work additional or supplemental to the Work which Contractor determines is reasonably necessary to complete the job. Customer’s execution of this Agreement shall constitute prior written authorization and request for such work.
The cost for such additional or supplemental work shall be agreed upon in a change order, or, if no such change order is executed, the cost shall be based on Contractor’s standard labor rates, together with the cost of all materials, plus twenty percent (20%) on all of the foregoing.
Customer acknowledges that it is their sole responsibility, prior to Contractor’s commencement of Work, to inform Contractor of any pre-existing damage, defects, or conditions at the Property that may affect the Work.
Contractor is not responsible for the correction, repair, or replacement of any work arising from or relating to hidden or pre-existing conditions at the Property or building code updates.
Customer understands and agrees that the Indemnified Parties shall not be liable for damage to, or responsible for the replacement of, any property or aspects of the Property.
4. Cumulative Remedies; No Oral Agreements
All rights and remedies of Contractor arising from or relating to this Agreement are in addition to, and not to the exclusion of, any other rights or remedies available to Contractor, whether at law or in equity. Contractor and Customer agree that neither party, nor its agents (whether actual or apparent), has the capacity or authority to alter or modify the provisions of this Agreement orally.
This Agreement may only be amended in writing and signed by an authorized representative of Contractor. This Agreement may be executed in counterparts (electronic or otherwise), each of which shall be deemed an original, and all of which together shall constitute one and the same Agreement.
If the Customer includes more than one person, all rights of Contractor against Customer, and all liabilities of Customer arising from or relating to this Agreement, shall be joint and several. No failure by Contractor to enforce this Agreement or to insist upon strict performance by Customer shall be deemed a waiver of Contractor’s rights.
5. Customer’s Responsibilities
Customer is solely responsible and liable for all of the following:
(i) providing water, electrical power, unobstructed access to the Property, and toilet facilities for Contractor and its agents;
(ii) providing a suitable storage and staging area on the Property for Contractor’s equipment and materials;
(iii) removing, relocating, protecting from the Work (and reinstalling after completion) all personal property, fixtures, vehicles, equipment, and other items near the Work area. Contractor is authorized, but not required, to move such items, and any damage resulting from such action shall not be the responsibility of Contractor;
(iv) obtaining permission from any property owner for Contractor and its agents to access the Work area. In such cases, Customer agrees to indemnify, defend, and hold harmless Contractor from any loss, liability, injury, damage, cost, or expense arising from such access;
(v) coordinating with other contractors or subcontractors and ensuring they do not interfere with the Work. Contractor shall not be liable for damages resulting from such interference; and
(vi) any interior damage, loss, mold growth, or destruction caused by fire, flooding, or weather conditions at the Property before, during, or after the Work.
In the absence of a written change order signed by Contractor, Contractor shall not be responsible for the repair, correction, or replacement of any portion of the Property or Work damaged by intervening or external causes, including weather events.
6. Limitation of Liability
Notwithstanding anything contained in this Agreement or applicable law, Contractor shall not, under any circumstances, be liable to Customer, the Property owner, or any third party for any indirect, special, incidental, consequential, punitive, or exemplary damages, including but not limited to lost profits, arising from or relating to this Agreement, the Work, or the actions or omissions of Contractor or its agents, even if Contractor has been advised of the possibility of such damages.
To the maximum extent permitted by law, the total liability of Contractor shall not exceed the total Agreement amount.
7. Fees & Costs; Collections
In the event that any amount due to Contractor remains unpaid for more than thirty (30) days, Contractor shall be entitled to charge applicable late fees, interest, and collection costs as permitted by law. Customer agrees to be responsible for all reasonable collection costs, including attorney’s fees, incurred by Contractor in recovering unpaid balances.
8. SMS Communications
By providing your phone number and submitting your information through our website or forms, you consent to receive SMS messages from ACCG INC related to your inquiry, appointments, project updates, and services.
Message frequency may vary. Message and data rates may apply.
Consent is not a condition of purchase.
You may opt out at any time by replying STOP. For assistance, reply HELP.
ACCG INC does not share or sell your personal information to third parties or affiliates for marketing purposes.
9. Carrier Disclaimer
Carriers are not liable for delayed or undelivered messages.
10. Age Requirement
By using this service, you confirm that you are at least 18 years old or have the permission of a parent or legal guardian.