TERMS AND CONDITIONS

EXTRA WORK AND CHANGE ORDERS

EXTRA WORK AND CHANGE ORDERS BECOME PART OF THE CONTRACT ONCE THE ORDER IS PREPARED IN WRITING AND SIGNED BY THE PARTIES PRIOR TO THE COMMENCEMENT OF 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 SCHEDULE OF PROGRESS PAYMENTS. THE BUYER MAY NOT REQUIRE A CONTRACTOR TO PERFORM EXTRA WORK OR CHANGE ORDER WORK WITHOUT A CHANGE ORDER, THAT THE FAILURE TO ISSUE A CHANGE ORDER DOES NOT PRECLUDE RECOVERY OF COMPENSATION FOR WORK PERFORMED BASED ON LEGAL OR EQUITABLE REMEDIES TO PREVENT UNJUST ENRICHMENT.

COMMERCIAL GENERAL LIABILITY AND WORKERS COMPENSATION INSURANCE

MEN OF ALL TRADES DOORS AND WINDOWS CARRIES COMMERCIAL GENERAL LIABILITY INSURANCE, A PORTION OF WHICH IS OR MAYBE SELF-INSURED. MEN OF ALL TRADES DOORS AND WINDOWS CARRIES WORKERS COMPENSATION INSURANCE FOR ALL EMPLOYEES.

CALIFORNIA MECHANIC’S LIEN LAW

ANY CONTRACTOR, SUBCONTRACTOR, LABORER, SUPPLIER OR OTHER PERSON OR ENTITYWHO HELPS TO IMPROVE YOUR PROPERTY, THAT HAS NOT BEEN PAID FOR HIS WORK OR MATERIALS SUPPLIED, HAS A RIGHT TO PLACE A LIEN ON YOUR HOME, LAND, OR PROPERTY WHERE THE WORK WAS PERFORMED AND TO SUE YOU IN COURT TO OBTAIN PAYMENT.

THIS MEANS THAT AFTER A COURT HEARING, YOUR HOME, LAND, AND PROPERTY COULD BE SOLD BY A COURT OFFICER AND THE PROCEEDS OF THE SALE USED TO SATISFYWHAT IS OWED. THIS CAN HAPPEN EVEN IF YOU HAVE PAID YOUR CONTRACTOR IN FULL IF THE CONTRACTOR’S SUBCONTRACTORS, LABORERS, OR SUPPLIERS REMAIN UNPAID. TO PRESERVE THEIR RIGHTS TO FILE A CLAIM OR LIEN AGAINST YOUR PROPERTY, CERTAIN CLAIMANTS SUCH AS SUBCONTRACTORS OR MATERIAL SUPPLIERS ARE EACH REQUIRED TO PROVIDE YOU WITH A DOCUMENT CALLED A “PRELIMINARY NOTICE”. CONTRACTORS AND LABORERS WHO CONTRACT WITH OWNERS DIRECTLY DO NOT HAVE TO PROVIDE SUCH NOTICE SINCE YOU ARE AWARE OF THEIR EXISTENCE AS AN OWNER. A PRELIMINARY NOTICE IS NOT A LIEN AGAINST YOUR PROPERTY. ITS PURPOSE IS TO NOTIFY YOU OF PERSONS OR ENTITIES THAT HAVE A RIGHT TO FILE A LIEN AGAINST YOUR PROPERTY IF THEY ARE NOT PAID. IN ORDER TO PERFECT THEIR LIEN RIGHTS, THE CONTRACTOR, SUBCONTRACTOR, SUPPLIER, OR LABORER MUST FILE A MECHANICS’ LIEN WITH THE COUNTY RECORDER WHICH THEN BECOMES A RECORDED LIEN AGAINST YOUR PROPERTY. GENERALLY, THE MAXIMUM TIME ALLOWED FOR FILING A MECHANICS’ LIEN AGAINST YOUR PROPERTY IS 90 DAYS AFTER SUBSTANTIAL COMPLETION OF YOUR PROJECT. TO ENSURE EXTRA PROTECTION FOR YOURSELF AND YOUR PROPERTY, YOU MAY WISH TO TAKE ONE OR MORE OF THE FOLLOWING STEPS:

1. YOU ARE RESPONSIBLE FOR MEETING ALL PROGRAM REQUIREMENTS AND FOR CHECKING WITH YOUR STATE/ COUNTY/ CITY GOVERNMENTS AND HOMEOWNER’S ASSOCIATION (IF ANY) IN YOUR AREA REGARDING

LOCAL CONDITIONS, RESTRICTIONS, CODES, ORDINANCES, RULES, AND REGULATIONS PRIOR TO INSTALLATION.

1. REQUIRE THAT YOUR CONTRACTOR SUPPLYYOU WITH A PAYMENT AND PERFORMANCE BOND (NOT A LICENSE BOND) WHICH PROVIDES THAT THE BONDING COMPANY WILL EITHER COMPLETE THE PROJECT OR PAY DAMAGES UP TO THE AMOUNT OF THE BOND. THIS PAYMENT AND PERFORMANCE BOND AS WELL AS A COPY OF THE CONSTRUCTION CONTRACT SHOULD BE FILED WITH THE COUNTY RECORDER FOR YOUR PROTECTION. THE PAYMENT AND PERFORMANCE BOND WILL USUALLY COST FROM 1 % TO 5% OF THE CONTRACT AMOUNT DEPENDING ON THE CONTRACTORS’ BONDING ABILITY. IF THE CONTRACTOR CANNOT OBTAIN SUCH BONDING, IT MAY INDICATE HIS OR HER FINANCIAL INCAPACITY.
2. ISSUE JOINT CHECKS FOR PAYMENTS MADE OUT TO BOTH YOUR CONTRACTOR AND SUBCONTRACTORS OR MATERIAL SUPPLIERS INVOLVED IN THE PROJECT. THE JOINT CHECK SHOULD BE MADE PAYABLE TO THE PERSONS OR ENTITIES WHICH SEND PRELIMINARY NOTICES TO YOU.THOSE PERSONS OR ENTITIES HAVE INDICATED THAT THEY MAY HAVE LIEN RIGHTS ON YOUR PROPERTY. THEREFORE, YOU NEED TO PROTECT YOURSELF. THIS WILL HELP TO ENSURE THAT ALL PERSONS DUE PAYMENT ARE ACTUALLY PAID.
3. UPON MAKING PAYMENT ON ANY COMPLETED PHASE OF THE PROJECT, AND BEFORE MAKING ANY FURTHER PAYMENTS, REQUIRE YOUR CONTRACTOR TO PROVIDE YOU WITH AN UNCONDITIONAL “WAIVER AND RELEASE” FORMS SIGNED BY EACH MATERIAL SUPPLIER, SUBCONTRACTOR, AND LABORER INVOLVED IN THAT PORTION OF THE WORK FOR WHICH PAYMENT WAS MADE. THE STATUTORY LIEN RELEASES ARE SET FORTH IN EXACT LANGUAGE IN SECTION 3262 OF THE CIVIL CODE. MOST STATIONARY STORES WILL SELL “WAIVER AND RELEASE” FORMS IF YOUR CONTRACTOR DOES NOT HAVE THEM. THE MATERIAL SUPPLIERS, SUBCONTRACTORS AND LABORERS THAT YOU OBTAIN RELEASES FROM ARE THOSE PERSONS OR ENTITIES WHO HAVE FILED PRELIMINARY NOTICES WITH YOU.IF YOU ARE NOT CERTAIN OF THE MATERIAL SUPPLIERS, SUBCONTRACTORS, AND LABORERS WORKING ON YOUR PROJECT, YOU MAY OBTAIN A LIST FROM YOUR CONTRACTOR. ON PROJECTS INVOLVING IMPROVEMENTS TO SINGLE – FAMILY RESIDENCE OR DUPLEX OWNED BY INDIVIDUALS, THE PERSONS SIGNING THESE RELEASES LOSE THE RIGHT TO FILE A MECHANICS’ LIEN CLAIM AGAINST YOUR PROPERTY. IN OTHER TYPES OF CONSTRUCTION, THIS PROTECTION MAY STILL BE IMPORTANT, MAY NOT BE AS COMPLETE. TO PROTECT YOURSELF UNDER THIS OPTION, YOU MUST BE CERTAIN THAT ALL MATERIALS SUPPLIERS, SUBCONTRACTORS, AND LABORERS HAVE SIGNED THE “WAIVER AND RELEASE” FORM. IF A MECHANICS’ LIEN HAS BEEN FILED AGAINST YOUR PROPERTY, IT CAN ONLY BE VOLUNTARILY RELEASED BY RECORDED “RELEASE OF MECHANICS’ LIEN” SIGNED BY THE PERSON OR ENTITY THAT FILED THE “MECHANICS’ LIEN” SIGNED BYTHE PERSON OR ENTITY THAT FILED THE MECHANICS’ LIEN AGAINST YOUR PROPERTY UNLESS THE LAWSUIT TO ENFORCE THE LIEN WAS NOT TIMELY FILED. YOU SHOULD NOT MAKE ANY FINAL PAYMENTS UNTIL ANY AND ALL SUCH LIENS ARE REMOVED. YOU SHOULD CONSULT AN ATTORNEY IF A LIEN IS FILED AGAINST YOUR CONTRACTORS ARE REQUIRED BYLAW TO BE LICENSED AND REGULATED BY THE CONTRACTORS STATE LICENSE BOARD.

THE ABOVE DISCLOSURES ARE REQUIRED BY LAW FOR HOME IMPROVEMENT CONTRACTS ONLY WHEN CONTRACTING WITH THE HOMEOWNER OR TENANT

OVER$500-

DOWNPAYMENTANDPAYMENTSCHEDULE

THE DOWNPAYMENT MAY NOT EXCEED $1,000 OR 10 PERCENT OF THE CONTRACT PRICE, WHICHEVER IS LESS.

(If a Home Improvement contract per CSLB license law). An additional 70% due at the time when materials are first delivered, and before installation commences. Progress payments are COD as additional materials are delivered and work progresses, based on percentage of completion. Final payment is due upon substantial completion of work and shall not be withheld for” punch list” items or “warranty service.” No retention shall be withheld from payments due. All sums not paid when due shall bear interest at the legal rate from the due date. Customer is responsible for remobilization, trip or redelivery charges. NOTE: TITLE TO ALL ORDERED PRODUCTS SHALL PASS TO THE CUSTOMER AFTER THE 3-DAY RIGHT TO CANCEL EXPIRES, AND THE PRODUCTS ARE ORDERED.

CALIFORNIA PURCHASE/BUILDERS – PROP 65 WARNING

About California Proposition 65:

California’s Proposition 65 entitles California consumers to special warnings for products that contain chemicals known to the state of California to cause cancer and birth defects or other reproductive harm. We are providing the following warnings in connection

with this quote:

We are providing the following warnings in connection with this quote:

WARNING: Construction activities can cause or dislodge the release of irritants and/or chemicals into the air. Some activities or installed products can expose you to chemicals including boric acid, titanium dioxide, borax or other compounds such as ammonium sulfate, aluminum sulfate, ammonium phosphate, wood dust, zinc chloride or formaldehyde, which are known to the State of California to cause cancer. For more information, go to www.P65Warnings.ca.gov. Purchaser/Builders with medical conditions or health concerns should consult with their medical provider and take the medical provider’s suggested appropriate steps to protect their health BEFORE construction activities begin.

MATERIAL TERMS AND CONDITIONS

Acceptance: This agreement is expressly limited to and made conditional upon Purchaser/Builder’s acceptance of all terms and conditions. Objection to any terms and conditions contained herein shall be deemed to have been waived if written notice of such objection is not received by MEN OF ALL TRADES DOORS AND WINDOWS within three business days of the date of this agreement. Purchaser/Builder will in any event be deemed to have assented to all terms and conditions contained herein if any part of the products or work described herein are provided or performed. If any portion of products or work described herein are provided or performed, Purchaser represents warrants and agrees that the person signing this Agreement, is an Actual Agent of Purchaser, pursuant to Civil Code section 2299. Acceptance of the contract may also be accomplished electronically. Such electronic acceptance in and of itself shall be conclusive proof of acceptance of the terms of this contract.

NON HIC Payment Terms: Unless changed by agreement above, (or by Special Orders- below) Standard Payment Terms are 30% down. An additional 60% due at the time when materials are first delivered, and before installation commences. Progress payments are COD as additional materials are delivered and work progresses, based on percentage of completion. Final payment (10%) is due upon substantial completion of work and shall not be withheld for” punch list” items or “warranty service.” No retention shall be withheld from payments due. All sums not paid when due shall bear interest at the legal rate from the due date. Purchaser/Builder is responsible for remobilization, trip or redelivery charges. Payments are due whether or not backordered products are pending. For Supply Only, terms are: 50% down, the balance upon delivery or pickup.

List and Acknowledgment of Contract Documents: This contract includes the contract scope of work page(s), Right to Cancel, the CSLB Disclosures, Mechanic’s Lien law, Prop 65 Warning and the lv1aterial Terms and Conditions, as well as any and all addenda, change orders, any manufacturer’s warranties, (receipt of which is hereby acknowledged) along with any care and maintenance instructions, and/or exhibits attached thereto as well as any RFls, RFCs, and the responses thereto, and any Specific Notice of Pre­ existing Conditions form applicable. Purchaser hereby certifies and acknowledges he has received, read and understands the contract and all attachments and understands and accepts the terms and obligations described. Purchaser understands this contract affects legal rights and has had the opportunity to seek legal counsel of his choice and to recommend modifications to this contract, and hereby agrees that this contract shall be interpreted as jointly authored. The Purchaser also warrants that he has the authority to enter into this agreement. The parties agree that notwithstanding any provision of law, (including Civil Code section 1651) any hand-written portions of this contract are to be interpreted as having equal (and not greater) weight than type-written portions. If Men Of All Trades Doors And Windows has entered into a contract with Owner, Contractor or lv1anufacturer, Purchaser agrees to be bound to Men Of All Trades Doors And Windows is to Owner, Contractor or lv1anufacturer per the terms of such contract.

Sole Reliance on Bid Documents Provided by Purchaser: Men Of All Trades Doors And Windows has no responsibility, duty or obligation, to follow any plans, specifications (or other requirements or documents), except those provided to Men Of All Trades Doors And Windows at time of bid. Purchaser has the sole duty to provide such plan, specifications (or other requirements or documents). Purchaser hereby waives any recourse, claim or defense, under any legal theory; whether based in contract, tort or otherwise, based on any other plans, specifications (or other requirements or documents), other than those so provided .

Risk of Loss: Risk of loss of, or damage to the materials furnished hereunder shall pass to the Purchaser upon pick-up (product only sales) or delivery (installed sales) of the materials, or any portion thereof. From the date that the risk of loss or damage to the materials passes to the Purchaser as provided above, the Purchaser shall have the sole responsibility for preservation and safekeeping of the materials, including protection from other trades, and if delivery of any product is not accepted by Purchaser for any reason, MEN OF ALL TRADES DOORS AND WINDOWS shall not be responsible for its safe keeping and the Purchaser shall accept ownership and Risk of Loss of, or damage to the materials furnished hereunder upon notification that the products are available for pick-up and/or delivery and shall become due and payable in full at that time. Unclaimed products left more than 30 days are at Purchaser’s own risk.

Special Order Products- Title and Payment Terms: All products (including but not limited to windows and doors) are Special Order Products custom made for the Purchaser. As such, title shall pass to the Purchaser, (with the exception contained in the paragraph immediately below) after the 3-day right to cancel expires and Title passes to Purchaser on the date orders are placed with th

Electronic, Hacking or Phishing – Purchaser/Builder Due Diligence: Purchaser/Builder recognizes that the ability to communicate and conduct business electronically is a convenience and reality. At the same time, it has provided hackers and scammers new opportunities for their criminal activity. fvlany businesses have been victimized. Men Of All Trades Doors And Windows takes reasonable precautions to prevent such events, but Purchaser/Builder assumes sole responsibility for the completion and accuracy of any transfer of funds to Men Of All Trades Doors And Windows, by whatever means. Amongst other safeguards, Purchaser/Buider agrees to voice-verify the accuracy of transfer instructions, accounts, addresses etc.

Alarm, Plunbing and Mechanical: Men Of All Trades Doors And Windows is not responsible for any Alarm, Plumbing or fv’lechanical systems which may be impacted by the work.

Delays and Consequential Damages: Men Of All Trades Doors And Windows shall not be responsible for any delay, or other consequential damages, including but not limited to, liquidated damages and/or back-charges. Men Of All Trades Doors And Windows is in no way responsible to delays related to material deliveries or availability of products and/or materials, or any other delays such as permits, HOA approvals, improper scheduling or sequencing, or inspections.

Force Majeure: In no event shall Men Of All Trades Doors And Windows be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, government actions, including health and safety orders, acts of war or terrorism, civil or military disturbances, issues with manufacturers, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services; it being understood that Men Of All Trades Doors And Windows shall use reasonable efforts which are consistent with accepted practices in the industry to resume performance as soon as practicable under the circumstances.

COVID-19 Delays: In addition to the paragraph above, Purchaser/Builder agrees they are aware that the COVID-19 crisis has disrupted every aspect the Construction Industry. The manufacturing industry has suffered a heavy blow with severe production and supply chain disruptions resulting in unprecedented delays that are completely outside of our control. MEN OF ALL TRADES DOORS AND WINDOWS is not responsible in any way, shape or form for any manufacturer delays which may negatively impact estimated lead times. If commencement or continuation of the work under contract is delayed as a result of manufacturer delays, then all lead times shall be extended. This includes service requests and pick up work even after the main installation has occurred. Purchaser/Builder will not be entitled to damages or compensation of any kind on account of any manufacturer-related delays.

No Prevailing Wage: Men Of All Trades Doors And Windows is entitled to rely on Purchaser/Builder’s representations regarding the public or private nature of the Work and the applicability of “prevailing wage” rates. If the nature of the Work is other than as represented by Purchaser/Builder, Purchaser/Builder will defend, indemnify and hold Men Of All Trades Doors And Windows harmless from any claim or allegation, including penalties assessed, resulting from a failure by Men Of All Trades Doors And Windows or any Subcontractor to pay “prevailing wages.”

Express lnderrnity: Once Men Of All Trades Doors And Windows completes the work called for under this agreement, and such work is accepted, Purchaser/Builder shall hold Men Of All Trades Doors And Windows harmless from any claim brought thereafter, by any person or entity and shall defend Men Of All Trades Doors And Windows (with attorneys of Men Of All Trades Doors And Windows sole choosing), unless and until it is adjudicated in Court that Men Of All Trades Doors And Windows work was a proximate cause of such claim. In addition, if Purchaser/Builder directs Men Of All Trades Doors And Windows to perform work in a particular manner, whether to meet Purchaser/Builder’s requirements or those of any inspection, then Purchaser/Builder shall also expressly hold Men Of All Trades Doors And Windows harmless from any claim brought thereafter, by any person or entity and shall defend Men Of All Trades Doors And Windows with attorneys of Men Of All Trades Doors And Windowssole choosing.

Owner/Purchaser/Builder are solely responsible for plan review, Code interpretation and compliance. The express intention of the Parties is that Men Of All Trades Doors And Windows may not be sued (even by Purchaser/Builder’s insurance retained attorneys) for Construction Defects it did not actively cause or contribute to, without the Men Of All Trades Doors And Windows being entitled to assert a cause of action for Express Indemnity from Purchaser/Builder, not subject to extinguishment through Good Faith Settlement, or pre-trial dismissal of Purchaser/Builder’s lawsuit and the holding of Ca/­ Jones Properties v. Evans Pacific Corp. (1989) 216 Cal.App.3d 324 (and any related authority) is hereby waived, and instead the holding that contract based claims survive a Good Faith Settlement (C.L.Peck Contractors v. Superior Court (1984) 159 Cal.App.3d 828 applies.

Limitation of Liability: In recognition that the project involves parties, decisions and risks beyond the knowledge and/or control of Men Of All Trades Doors And Windows, the parties agree that Men Of All Trades Doors And Windows total liability (or claimed liability) for any and all work called for, or in any way related to, this contract, whether such liability (or claimed liability) arises in law, equity, contract or tort, or any other theory) shall not exceed the face amount of the contract, or $2,500 -whichever is less.

Equal Bargaining Power: The parties hereby stipulate that they are of equal bargaining power with respect to this agreement and that the limitations on liability, waivers and indemnities in this Agreement are business understandings between the parties of equal bargaining power, and shall apply to all legal theories of recovery, including breach of contract or warranty, breach of fiduciary duty, tort (including negligence), strict or statutory liability, or any other cause of action.

Pre-Existing/ Differing Conditions/ No Duty to Inspect or Investigate, Coordinate, or Repair Vl.brk of Others: MEN OF ALL TRADES DOORS AND WINDOWS is not responsible for the existing condition of Purchaser’s property. Men Of All Trades Doors And Windows shall have no obligation to inspect the property, investigate the property’s condition. If pre-existing or differing site conditions exist, Men Of All Trades Doors And Windows reserves the right to charge with any associated costs of conforming its work to those conditions, or to cancel this contract. Men Of All Trades Doors And Windows has no duty to inspect coordinate or repair work of others. This provision shall remain in full force and effect even if a Specific Notice of Pre-existing Condition form is used on

Delay of Installation/Re-Mobilization:Purchaser/Builder recognizes that the work hereunder is scheduled to be performed over a certain duration. That duration is represented by the value of the labor charged as part of this contract. If Purchaser/Builder delays the job and/or if Men Of All Trades Doors And Windows is required to de-mobilize (leave) the job and reschedule, then Purchaser/Builder understands and agrees there will be an extra charge for such delays and/or re-mobilization.

Extraordinary Prep-V\brk or Clean-Up: If Men Of All Trades Doors And Windows is required to perform extraordinary Prep or Clean-Up work, (due to the presence of items, debris or materials) in order to perform its work or place its products, Purchaser agrees that an Extra will be charged and change order issued.

Purchaser/Builder Acting Ps Owner-Builder or General Contractor: If Purchaser is an Owner-Builder or acting as its own general contractor (with or without other consultants), then Purchaser represents and warrants it is responsible for all phases of the project and its integrity, including without limitation, permits, code compliance, adequacy, accuracy and completeness of plans and or specification, building inspections, ordering materials, payment of suppliers, supervising, scheduling and other contractors or subcontractors and that Men Of All Trades Doors And Windows is in no way responsible for any claims which result from Purchaser/Builder’s failure to fulfill such responsibilities. Ally failure by Purchaser to fulfill its obligations in this regard shall be deemed a breach of this contract. Purchaser also agrees that Purchaser is a sophisticated party, and as such this Agreement in not within the ambit of the Home Improvement Statutes, including without limitation vis the down payment, pursuant to authority such as Cah,1,0od Structures v. Herskovic (1980) 105 Cal.App.3d 519; Hinerfeld-Ward, Inc. v.

Lipian (2010) 188 Cal.App.4th 86, etc.

Costs of Investigation of Invalid Claims: If Purchaser/Builder claims that Men Of All Trades Doors And Windows is responsible for any property damage, or is required to remedy allegedly defective work, and it is later determined by the parties that Men Of All Trades Doors And Windows is not so responsible, then Purchaser/Builder agrees that any costs of such investigation and/or repair shall be borne solely by Purchaser/Builder.

Tin-e Lirrit Upon Contractor’s Liability: Ally claim against Men Of All Trades Doors And Windows, arising out of, resulting from, or in any way related to related to the work under this contract, whether at law or equity, shall be strictly limited to a period of three (3) years from the date of completion, which shall not be extended by any operation of law or equity, including but not limited to, California Code of Civil Procedure section 337.15 and any equitable tolling. The parties agree that no “delayed discovery” rule or concept shall apply.

Formal Mediation – Jurisdictional Pre-Requisite: In consideration of the mutual promises herein, the Parties agree that before any claim or suit is presented or filed by either of the Parties against, or involving the other, the Parties shall formally mediate the dispute before a qualified mediator (JAMS, ADR Services or equivalent). Failure to do so is agreed to be jurisdictional and fatal to such suit or claim.

Warranty- Installation: All products installed by Men Of All Trades Doors And Windows carry a three-year installation warranty. Men Of All Trades Doors And Windows installation shall be warranted to be completed in a professional, workman-like manner according to industry standards and manufacturers’ installation specifications. Men Of All Trades Doors And Windows reserves the right to refuse installation warranty, upon service technician’s inspection, if the service required is determined unsafe or has abnormal safety risk(s) involved, issue(s) arose due to; acts of nature, vandalism, misuse of product, jobsites where additional volume of work is being done by others that creates a higher risk for product to be damaged, continuous weathering damage, preexisting issues prior to Men Of All Trades Doors And Windows installation, and more of the like as determined at Men Of All Trades Doors And Windows discretion. Men Of All Trades Doors And Windows disclaims any continuing liability for products manufactured and warranted by others.

Warranty- Products: All installed products carry the manufacturer’s warranty only. Men Of All Trades Doors And Windows disclaims any continuing liability for products manufactured and warranted by others. Manufacturer warranties may vary. Manufacturer warranties may change without notice, and it is the sole responsibility of Purchaser to investigate and keep current with Manufacturer warranties. fv’laintenance and damage protection of all products are the responsibility of Purchaser. Wood products painted by others are the sole responsibility of the Purchaser and must be completely painted on all six sides. Additional charges will apply to any products Men Of All Trades Doors And Windows paints or stains that Purchaser requests Men Of All Trades Doors And Windows to painUstain again or do touch up work. All warranties are voided if the installed products and materials are disturbed, modified, altered, defaced, damaged by nature, and/or mishandled in any way. Purchaser agrees to follow the specifications of the WDlv1A which are incorporated herein by reference.

Supremacy of Contract Terms: It is agreed that if this contract is incorporated into, made a part of, or conflicts with any other contract(s) relative to the Project, the terms and conditions, and each of them, of this Contract shall govern.

Waiver of Civil Code 1717(b)(2) -Alternative Recovery Based on Disrrissed Tort Claims: Purchaser/Builder agrees that if Purchaser/Builder (or its insurance company lawyers) sue Men Of All Trades Doors And Windows for construction claims, including defects, and subsequently dismiss Men Of All Trades Doors And Windows without a waiver of fees and costs from Men Of All Trades Doors And Windows, Men Of All Trades Doors And Windows shall be deemed the prevailing party in the action notwithstanding the provisions of Civil Code 1717(b)(2). In the alternative, Purchaser/Builder agrees that if Purchaser/Builder (or its insurance company lawyers) sue Men Of All Trades Doors And Windows for construction claims, including defects, and subsequently dismiss 

Hazardous Materials on Site: If lead or potentially asbestos containing material is suspected or observed at the jobsite, MEN OF ALL TRADES DOORS AND WINDOWS shall not be bound to complete the work until all the hazardous materials are abated. Should MEN OF ALL TRADES DOORS AND WINDOWS discover

Notice and Right to Repair – Jurisdictional Pre-Requisite: In consideration of the mutual promises herein, the Parties agree that before any claim or suit is presented or filed by Purchaser/Builder, Purchaser/Builder shall give Notice to Men Of All Trades Doors And Windows of the nature of any claims. Men Of All Trades Doors And Windows shall then have 20 calendar days to agree to repair any allegedly defective condition of Men Of All Trades Doors And Windows work. Failure of Purchaser/Builder to give such Notice and Opportunity to repair is agreed to be jurisdictional and fatal to such suit or claim, including without limitation, back-charges etc.

Survivability: Afly provision, representation or warranty of this contract which is prohibited, or which is held to be void or unenforceable shall be ineffective only to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof. Afly part, provision, representation or warranty of this contract which is prohibited or unenforceable or is held to be void or unenforceable in any jurisdiction shall be ineffective, only as to such jurisdiction, to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof.

Venue: In any action, of any kind whatsoever, including without limitation pre-litigation proceedings, arbitrations and/or cross-complaints, the parties agree that venue shall be in Los Angeles County, CA.

Integration Clause: The parties intend this writing to be the final expression of their agreement and it is a complete and exclusive statement of the terms of their agreement. No prior oral or written agreements are valid. No course of prior dealings between the parties and no usage of the trade shall be relevant to supplement or explain any term used in this contract.

No Modification through Conduct: Acceptance or acquiescence in a course of performance rendered under this contract shall not be relevant to the term and the meaning of this contract even when the accepting or acquiescing party has knowledge of the nature of the performance and opportunity to objection.

Attorney’s Fees: The parties agree that if a dispute arises concerning this agreement or the work covered herein, the prevailing party shall be entitled to its actual attorney’s and expert fees, in addition to other costs, court fees, collection costs, and interest, etc. and such fees and costs shall not be limited by any Court schedule, table, concept of “reasonability” or case, the intention of the parties being that the prevailing party shall be fully compensated for all fees and costs.