CONTRACT PROVISIONS
Brown's Hardwoods (BAM Operations LLC doing business as Brown's Hardwoods, hereinafter referred to as Brown’s) hereby offers, subject to the terms and conditions herein set forth, to furnish, deliver and arrange for installation of the materials listed herein and/or on attached sketches and specification sheets for the amount shown herein.
1. Payment and Breach - The failure to make any payment when due shall be a material breach of contract which shall entitle Brown’s, at its option, to suspend its performance hereunder or to rescind this Contract. Interest shall accrue upon (and be payable upon demand) on each installment of the cash price from and after the date on which said installment becomes due and payable at the rate of 12% per annum.
2. Dispute Resolution and Arbitration - If a controversy arises under this Contract that the parties cannot resolve within 15 days, either party may submit the dispute to binding arbitration by sending written notice to the other party at the address shown in this Contract. The arbitration shall be conducted in accordance with the Vermont Arbitration Act (or the New Hampshire Arbitration Act, as applicable) and the Federal Arbitration Act if it applies. The parties shall attempt to select one arbitrator within ten (10) days of the notice. If they cannot agree, either party may ask a court of competent jurisdiction to appoint one. The arbitrator’s decision shall be final and binding. Nothing in this section prevents Brown’s from filing or enforcing a mechanic’s lien or taking any other legal steps, it deems necessary to protect its rights.
3. Attorney’s Fees - In the event that Brown’s retains counsel in order to enforce this Contract or to defend any action or arbitration proceeding brought by or on behalf of the customer, customer shall pay Brown’s reasonable attorney’s fees in addition to the cash price and any other amounts due under this contract.
4. Coordination with Other Work - Customer understands and agrees that if the work to be performed by Brown's under this Contract is a part of a larger project, it is essential to coordinate the work to be performed by Brown's with the work to be done by others so that Brown's installation will not be damaged. Customer agrees that Brown’s shall not be responsible for any coordination or for any damage resulting from improper coordination notwithstanding any warranty (whether expressed or implied in law) to the contrary.
5. Entire Agreement - With respect to the subject matter hereof, this Contract and related agreement of credit, if any, shall constitute the entire agreement between the parties and supersedes all prior understandings, and there are no collateral or oral agreements or understandings. All additions, variations or modifications to this Contract shall be void and ineffective unless in writing signed by the party or parties to be bound thereby.
6. Delays Beyond Control - Brown’s shall not be liable for delays in or failure to complete, delivery or installation of all or any part of the work called for by this contract if due to fire, strikes, war, government regulations, sickness or any cause beyond Brown’s control.
7. Specific Limitations and Exclusions - Brown's is not responsible for the following: Tape damage – Any tape damage repair from floor protection removal will be at the expense of the customer. Existing structural defects, dry rot or code violations. Neither is Brown's responsible for damage caused by moisture (including humidity). No repairing, plastering, carpentry (including the installation of any wood base), decorating or redecoration is included unless specifically charged for and specified. Any latent defects discovered during the installation shall be corrected at the customer’s expense. Any breach of the preceding sentence shall entitle Brown’s to suspend its performance under this Contract or to demand payment in full with respect to all completed work and damages with respect to the balance of this Contract. Brown's does not connect or disconnect any plumbing. Furthermore, if Brown's Hardwoods attempts to connect or disconnect plumbing, Brown’s shall not be responsible for any damage resulting therefrom. Brown's is not responsible for any size or grade of hardwood flooring against cupping, buckling, warping, shrinkage, termite or beetle infestations. Brown's Hardwoods is not responsible for moving any furniture. Furthermore, if Brown's Hardwoods attempts to move any furniture, Brown’s shall not be responsible for any damage resulting therefrom.
8. Contract Voidability - Brown’s may, at its option, void this Contract in the event the customer’s acceptance of Brown's proposal is not delivered to them in person within 60 days of the date of this Proposal and Contract.
9. Care During Installation - We will be as gentle as possible to your existing baseboards, trim and paint work. But expect some touch up will need to be done to your paint after wood floor installation, sand, stain or finish work is completed.
Brown's Hardwoods