Terms & Conditions

N. Chasen and Son, Inc., hereinafter called the “Company”, hereby sells and the Customer hereby purchases the goods and/or services listed on the face of this contract, subject to the terms and conditions stated herein.

  1. Pricing and Payment
    1. PAYMENT TERMS—ALL undisputed amounts are due 30 days after invoice date unless otherwise agreed. The Company reserves the right to assess a service charge of 1½% per month (18% per annum) on all past due amounts.
    2. The cost of disposing of substances which are classified as hazardous by the E.P.A. and/or the Commonwealth of Virginia is included in our proposal for items that the company purchases and furnishes on this project. The cost of disposing hazardous substances that are presently on the site (i.e. lead paint), unless specifically indicated in our proposal as hazardous materials to be disposed of, is not included in our proposal.
    3. Any claims for defective workmanship or materials must be made in writing not later than ten days after completion of said defective work. Customer may withhold 10% of the invoiced amount until claimed defects are resolved. In no event may the Customer make any claims or commence any action of any kind or nature whatsoever after the passage of one year from the time of substantial completion of the work. Customer acknowledges that this clause constitutes an express waiver of any rights under any longer statute of limitation.
    4. The Customer waives the Homestead Exemption and all other insolvency exemption laws as to this obligation and agrees that if there is a default in any payment herein provided, or in any other condition herein expressed, the full amount of the outstanding balance shall immediately become due and payable on default together with attorney’s fees of not less than 33% if placed with an attorney for collection.
  2. Obligations of Company
    1. The Company warrants that any work performed or material supplied shall be reasonably fit for the intended purpose(s) for a period of two years unless specifically modified in the contract language. This warranty is made for the sole use and benefit of the Customer and is not assignable or transferable in any manner whatsoever except by the written consent of the Company. There are no other warranties, express implied, or statutory, and the Company neither assumes, nor authorizes any person to assume for it, any other obligation or liability in connection with the work to be performed or material supplied under the terms of this contract.
    2. The Company is responsible for providing all workers’ compensation insurance, commercial property and general liability insurance for the protection of its workers, customers and the Company. The Company is responsible for the collection and remittance of required federal and state employment withholdings and taxes, as well as all other taxes and licenses that are required for the operation of the Company’s business.
    3. The Company will comply with all local requirements for building permits, inspections and zoning when performing our work.
    4. The Company will install owner-supplied materials to the best of its ability. In the event of defective materials, the Company will be due all labor costs. If there is faulty workmanship, the Company’s maximum liability shall be the cost of the labor used to install the product. If reworking is required due to defective or poor quality owner supplied materials, the additional cost will be borne by the Customer.
  3. Obligations of Customer
    1. Company shall be provided with suitable access to the work area. If work is dependent upon or must be undertaken in conjunction with the work of others, such other work shall be so performed and completed as to permit Company to perform work hereunder in a normal, uninterrupted day shift, unless otherwise noted on the face of this contract.
    2. It is the Customer’s or Customer’s Representative’s responsibility to notify the Company in writing of any known hazardous materials that are present on the job site that may affect this contract and/or the safety of workers.
  4. General Conditions
    1. The Company shall undertake work in the course of a normal operating schedule. Unless specifically noted in the face of this contract, or through written amendment, (1) all work will begin as soon as practicable within weather and manpower limits and Customer’s schedule, and not later than within six months of contract acceptance date; and (2) work will be complete within one year of the start date for the.
    2. The Company shall not be liable for any failure to undertake or complete the work for causes beyond our control, including but not limited to fire, flood, or other casualty; labor disputes or other disagreements; and accidents or other mishaps, whether affecting this work or any other operations in which the Company is involved directly or indirectly. Such events do not constitute abandonment and are not included in calculating time frames for payment or performance.
    3. It is agreed that Customer’s exclusive remedy for breach of the Company’s warranties shall be as provided herein and that in no event shall the Company be liable for incidental, consequential or special damages resulting for breach of warranty (express or implied), or for negligence. It is also agreed that the liability of the Company shall not exceed the contract price.
    4. This contract is subject to acceptance by an authorized representative of the Company to be effective as of date first written. Unless indicated to the contrary, the contract is subject to acceptance within thirty (30) days of its writing. Acceptance after thirty (30) days is at the discretion of the Company.
    5. In the event that Company or Company’s representatives are called upon by the Customer or Customer’s representative to serve as expert witness(es), Customer agrees to compensate Company at the rate of $250 per hour, per person.
    6. By signature to this contract Customer agrees to hold the company, its officers and employees, harmless for all past, present, or future bodily injury or property damage resulting from actual or alleged mold, mildew or fungus.
    7. For work to be done on any structure built before 1978, the Customer does affirm that they have received from Company, The Lead-safe Certified Guide to Renovate Right (pamphlet EPA-740-K-10- 001) https://nchasen.com/about/renovaterightbrochure.pdf
    8. BUYER’S RIGHT TO CANCEL: If this contract was solicited at your residence and you do not want the goods or services, you may cancel this contract by mailing notice to the Company. The notice must state that you do not want the goods or services and must be mailed to the address above before midnight of the third business day after you sign this contract.
    9. This contract constitutes the entire and exclusive agreement between the parties hereto with respect to goods and services sold, and any promises, understandings or agreement pertaining directly or indirectly to this contract, which are not contained herein, are hereby waived. Furthermore, no other agreement, oral or written, expressed or implied, shall limit or qualify the terms and provisions of this contract. Any modifications to the contract, which change the cost, materials, work to be performed, or estimated completion date, must be communicated and approved in writing (which may include e-mail or facsimile) by all parties and are subject to the terms and conditions of this contract unless otherwise noted. This Contract is non-cancellable except by written consent of both parties, except as provided for under “Buyer’s Right to Cancel”