Additional Terms and Conditions

4702 Patterson Ave, Richmond, VA 23226

Class A Contractor License: 2705165970

Residential Building (RBC)

Distinct Renovations, LLC (“DR, LLC”) Additional Terms and Conditions‍

1.  Scope – This Contract, which includes the proposal and these Additional Terms and Conditions, constitutes the entire agreement between the parties, and supersedes prior negotiations, representations or agreements, either written or oral. The Contract may be amended or modified only by a written modification executed by both parties.

2.  Credit Cards – Payments made with credit cards will incur a 3% processing fee per transaction.

3.   Contract Changes/Modifications/Cancellation – The Contract may be cancelled by either Owner or DR, LLC, by providing written notice to the other party within three business days of the last signature on the Contract. All Project materials are custom ordered; therefore, the Contract shall not be modified, changed, or canceled except within the three-business-day cancellation period described herein, or unless otherwise agreed to in writing by DR, LLC.  Should Owner cancel or terminate the Contract (other than for DR, LLC’s material breach) outside of the three-business-day window, Owner will forfeit the deposit, and reimburse DR, LLC for any and all costs incurred as a result of such cancellation/termination.  Any modification to the Contract, which changes the cost, materials, or work to be performed, must be in writing and signed by all parties.

4. Discounts/Coupons – Any Discounts/coupons must be presented to DR, LLC prior to signing the Contract.  Discounts or coupons presented after the signing will not be honored.

5. Project Materials – Any unused materials are considered property of DR, LLC and shall be returned to DR, LLC following the completion of the Project. Any materials damaged or taken by the Owner, or other persons under Owner’s control, without written consent from DR, LLC shall be the responsibility of the Owner and the cost of the damaged or missing materials will be added to the final payment of the Contract.

6. Owner’s Responsibilities – The following items are the Owner’s sole responsibility, and Owner shall be responsible for any and all delays or additional costs incurred by DR, LLC as a result of Owner’s failure to perform same:

a. Adequate electrical source for power tools, and access to a water supply (if needed), must be available to DR, LLC.

b. Removal of all valuables and household items from interior and exterior walls and surrounding work areas.

c. Pets must be secured away from work area.

d. All landscaping around the property must allow access to remove and install siding or otherwise complete the work. Overgrown trees and shrubs must be trimmed prior to installation.

e.  Moving of furniture at least 3 feet from windows and doors being replaced.

f.  Removal of all window treatments such as, but not limited to, curtains, blinds, brackets, and AC units that are on, in, or near windows.

g.  Removal and reinstallation of satellite dishes and power lines. Satellite company and power company must be contacted to remove items prior to start of installation.

h.  Removal and reinstallation of any security system items such as alarms, sensors, cameras, and security bars. Items must be removed prior to start of installation.

i.   Protecting, covering, or moving contents in attic prior to roof installation.

7.  Exclusions – The following items are excluded from the scope of work, are not the responsibility of DR, LLC, and are the sole responsibility of the Owner:

a.  Any interior nail pops or drywall damage that may occur during installation.

b.  Any painting or staining.

c.  Structural repair or alteration of existing structure or any preexisting conditions, including visible and nonvisible conditions, unless otherwise specified in Contract.

d.  Any collateral damage to structure and/or flooring, tile, drywall, etc. when utilizing a lift/jack to replace or repair items such as band boards, sill plates, or floor joists.

e.  Any damage to window screens, siding, gutters or trim while DR, LLC is removing old shingles during roof replacement projects (although DR, LLC will use reasonable means to prevent this).

f.   Any plumbing, electrical, or HVAC unless specified in Contract.

g.  Any damage caused by other tradesmen, companies, or other individuals not within DR, LLC’s control.

h.  Ice dams, foot or traffic wear, or any other damages not caused by DR, LLC’s workmanship.

i.  Any damage to existing property such as driveways, sidewalks, pipes, shrubs, trees, flowers, wires, electrical lines, or any other condition of the house that may be damaged during delivery of materials and installation.

8.  Limited Warranty – DR, LLC warrants its work against defects in workmanship for a period of one (1) year after substantial completion of the work.  Substantial completion is the stage in the progress of the work when the work is sufficiently complete in accordance with the Contract so the Owner can occupy or utilize the work for its intended use.  DR, LLC sells all products and materials subject to the manufacturer’s warranty only.  DR, LLC LIMITS ITS WARRANTY OBLIGATIONS UNDER THIS CONTRACT TO THOSE CONTAINED IN THE LIMITED WARRANTY PROVIDED HEREIN.  THE LIMITED WARRANTY IS THE ONLY WARRANTY APPLICABLE TO THIS CONTRACT.  THERE ARE NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF HABITABILITY, MERCHANTABILITY, WORKMANLIKE CONSTRUCTION, OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS REQUIRED BY LAW OR PROVIDED DIRECTLY TO OWNER BY THE MANUFACTURER.  DR, LLC EXPRESSLY DISCLAIMS AND EXCLUDES AND OWNER EXPRESSLY WAIVES, ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING TO THE EXTENT APPLICABLE TO THE PROJECT: (A) THE WARRANTIES PROVIDED FOR IN SECTION 55.1-357 OF THE CODE OF VIRGINIA THAT THE PROJECT WITH ALL ITS FIXTURES IS SUFFICIENTLY (I) FREE FROM STRUCTURAL DEFECTS SO AS TO PASS WITHOUT OBJECTION IN THE TRADE, (II) CONSTRUCTED IN A WORKMANLIKE MANNER SO AS TO PASS WITHOUT OBJECTION IN THE TRADE, AND (III) FIT FOR HABITATION, AND (B) ANY WARRANTIES ARISING UNDER THE MAGNUSON-MOSS WARRANTY ACT.  OWNER UNDERSTANDS AND AGREES THAT DR, LLC’S  LIABILITY, WHETHER IN CONTRACT, TORT, UNDER ANY WARRANTY, OR OTHERWISE, IS LIMITED TO THE REMEDY PROVIDED IN THE LIMITED WARRANTY.  OWNER STATES AND AFFIRMS THAT, IN ENTERING INTO THIS CONTRACT, OWNER IS NOT RELYING ON ANY REPRESENTATIONS NOT CONTAINED IN THIS CONTRACT.  Owner shall notify DR, LLC, in writing, within five (5) days of discovery of any defect in workmanship or suspected breach of this limited warranty. DR, LLC will fix any defect in workmanship, promptly and free of charge, if the notice is received within the workmanship warranty period and the defect was directly caused by DR, LLC’s defective workmanship. Owner’s failure to provide notice of any defective workmanship within the workmanship warranty period constitutes a waiver of Owner’s right to make a claim related to same.  DR, LLC is not responsible for any interior, property, or other damage, caused by or incurred as a result of DR, LLC’s defective workmanship.

9.  Weather and Scheduling – All Projects are scheduled on a weather permitting basis. All Projects must be scheduled to start within 60 days of DR, LLC contacting the Owner to schedule installation unless otherwise agreed upon in writing by DR, LLC. Should Owner fail to schedule the start of installation within the 60-day timeframe, DR, LLC is entitled to terminate this Contract and Owner will be responsible for any and all costs incurred attributable to such termination, including but not limited to, storage fees, deposits, and charges for the costs of any materials ordered.

10.  Pricing – The building materials market is volatile and sudden price increases can occur. Owner agrees to pay increases on materials that occur after execution of the Contract but prior to installation if Owner is made aware of such increases on such materials and provided a bill of sale/invoices for same.

11.  Punch List – Minor touch-ups of Project details may be required after substantial completion and will be addressed with a punch list. Final payment is due immediately following the execution of the initial punch list.  Any additional items identified after the initial punch list will be treated as warranty claims pursuant to the limited warranty provided herein, and shall not constitute a basis for withholding final payment.

12.  Applicable Law – Owner agrees the Contract is subject to the laws of the Commonwealth of Virginia.  Owner is responsible for any necessary building permits, inspections, and zoning required by their local municipalities and DR, LLC will comply with those local requirements.

13.  Late Fees – All payments not received within 30 days of Project completion shall incur a late payment fee of $150.00, and will accrue interest at the rate of 18% per annum until paid.

14.  Insurance – General Liability Insurance and Workers Compensation is carried by DR, LLC and/or its representatives. The Owner shall be responsible for maintaining property insurance sufficient to cover the value of the property. DR, LLC is entitled to receive an increase in the Contract sum equal to the insurance proceeds related to a loss for damage to the Work covered by the Owner’s property insurance.

15.  Schedule/Delays – Owner understands that the estimated start date and completion date provided in the Contract are estimates only and that DR, LLC’s work shall not occur until a reasonable time after (1) a building permit is issued (if required); (2) the Contract has been executed; (3) the deposit is received by DR, LLC; and/or (4) any other applicable licenses, permits or approvals that are necessary to commence construction have been obtained.  If DR, LLC is delayed at any time in the start or progress of the work by (1) an act of Owner; (2) an act of another beyond DR, LLC’s control; (3) changes agreed to by Owner; or (4) labor disputes, fire, unusual delay in deliveries, government orders, or any other cause beyond DR, LLC’s reasonable control, then in any and all such cases the estimated completion date will be extended during the time of such delays.  Owner further understands that any and all such events do not constitute “abandonment” of the Project by DR, LLC and should be disregarded in calculating any time frames for payment or performance.  DR, LLC will not be held liable for any damages, claims, losses or injury of any kind or type resulting from or related to any delay in the completion of the work.

16.  Door-to-Door Solicitation – To the extent that this Contract resulted from a door-to-door solicitation, Owner hereby acknowledges that he/she has been provided with and read the Department of Professional and Occupational Regulation statement of protection available to him through the Board for Contractors.

17.  DISCLOSURE OF THE VIRGINIA CONTRACTOR TRANSACTION RECOVERY FUND.  Owner is hereby notified of the existence of the Virginia Contractor Transaction Recovery Fund.  The Virginia Contractor Transaction Recovery Fund provides relief to eligible consumers who have incurred losses through the improper and dishonest conduct of a licensed contractor.  More information on the Fund or filing a claim can be obtained by visiting http://www.dpor.virginia.gov/Boards/Contractors_Recovery_Fund/ or by contacting the Board for claim information at the following address: Recovery Fund Office | DPOR, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, (804) 367-1559, E-mail: RecoveryFund@dpor.virginia.gov.

18.  Dispute Resolution – The venue and jurisdiction for resolution of any claims which cannot be amicably resolved shall be the General District or Circuit Court of the City of Richmond, Virginia.  Due to the technical nature of construction and contractual claims, a trial by jury is specifically waived by both parties.  In any litigation, the Owner expressly agrees that the maximum judgment, award, and/or damages recoverable by Owner shall not exceed the Contract sum of the Project.  Should DR, LLC prevail in any litigation, Owner shall pay all of DR, LLC’s costs and fees incurred therein, including attorney’s fees and expert witness fees.

19.  Right to Photograph and Video the Work – Owner shall permit DR, LLC or person(s) employed or engaged by DR, LLC, without compensation or consideration to Owner, to take photographs and/or videos at the project site of both completed work and work in progress, for the purposes including, but not limited to, publication in newspapers, magazines, and other print media, use in broadcast media, publication via the internet, social media, and use in marketing materials used by DR, LLC. Such photographs and any accompanying description shall not identify the Owner or the property address of the project without the express written consent of the Owner.

20.  Will Not Hire – The Owner agrees not to hire or directly communicate with any of DR, LLC’s employees and/or subcontractors. Owner also agrees not to solicit any of DR, LLC’s employees and/or subcontractors for any side jobs.

21. The Owner accepts all responsibility for Home Owner Association approvals.

22.  Miscellaneous – This Contract shall not be effective unless and until it is executed by both Owner and DR, LLC. The only cancellation rights are those specifically listed in this Contract. This Contract may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document. The parties agree that electronic, facsimile, or scanned email signatures shall be the equivalent of original signatures on this Contract.