Kūlana Services Inc./Done-Right Air Conditioning • 315 HukilikeSt., Ste. 2B • Kahului, HI 96732 • 1-808-871-8000 • http://www.kulanaservices.com
NO RETURNS OR CREDITS WITHOUT PRIOR APPROVAL 35% RESTOCK ON ALL RETURNS 18% APR ON ALL PAST DUE INVOICES.
Projects: By accepting the Job/Estimate; The prices, specifications, and conditions are satisfactory and are hereby accepted. You are authorizing Kūlana Services Inc. to perform the work specified. Receipt of the signature hereto, we agree to said Terms & Conditions. Payment will be made in accordance with authorized agreement. Please note, proposal may be withdrawn by Kūlana Services Inc if not accepted within 30 days.
– For “On Island” transactions, a deposit of a minimum of 50% required before materials are Ordered/Delivered or work is started.
– For “Off Island” transactions, a deposit of a minimum of 90% required before materials are Ordered/Delivered or work is started.
– PERMITS – If permits are required, they are to be procured before beginning actual work and are not included if not listed in the Job/Estimate item list. Permit procurement is billable at administrative rates per hour and all fees from outside authorities/ entities are the customer’s responsibility. Any changes to Job/Estimate are to be mutually agreed upon and in writing via text message, email or on paper with both customer and contractor consent. Read and understand KSI Contract Disclaimer below.
A. SUBCONTRACTORS: Kūlana Services Inc. (KSI) (Contractor) may subcontract any portion of the work. Contractor agrees to provide upon request to Owner the names of all subcontractors for each of the principal portions of the Work.
B. SECURITY INTEREST: Title to any materials supplied Contractor will remain with Contractor until the entire contract price is paid. Owner grants to Contractor a security interest in all contracts, materials, and goods installed or worked on or delivered to the Structure under this agreement (the Collateral).
C. ESTIMATES AND DISCOUNTS: Estimates of the work assume that the existing Structure and Contents are sound, constructed plumb, level, square and straight. All discounts must be in writing from Contractor.
D. WORK SITE: Contractor shall remove all construction debris from the Structure and leave the same in broom clean condition upon completion of the Work. All Structure and Contents Work salvage shall become the Property of Contractor. Owner may not add any debris or garbage to Contractor’s work site; site will be kept clean and safe throughout the job duration. Owner is responsible for keeping others from entering the work area of the job site. Safe is efficient.
E. SIGNS: Owner authorizes Contractor to display identity signs at the job site while all Work and Additional Work is being performed.
F. PERFORMANCE STANDARD: The Work must be performed in accordance with all requirements of law and no Work shall be undertaken until necessary licenses, building permits, evidence of workers compensation and general liability insurance has been obtained by Contractor. Unless otherwise specified, the Work must be performed in a workmanlike manner in conformity with customary industry practices using current techniques and materials reasonably calculated to approximate the finish and quality prior to the damage, including deletion of certain items deemed not necessary by Contractor. In approximation does not apply, or if the finishes or qualities prior to the damage are unavailable for reference, the agreed standard for the Work will be the Contractor’s “Construction Standards”. “Quality Standards for the Professional Remodeler” Second Edition. Joints in carpets or light colored finishes or irregularities in shiny surfaces will be visible. Restoration is not an exacting science and therefore the results of restoration of the Contents and certain decorator items of the Structure cannot be guaranteed. Owner shall pay Contractor for its attempts to restore an item whether or not the item can be restored to the requirements of this agreement. The quality of the restored item will be judged against similar items of the Owner displaying the approximate condition prior to the Loss. Owner acknowledges that permanently discolored, spotted, faded and/or bleached areas might remain, even after diligent efforts are made to restore the same. All Estimates specifically exclude concealed conditions (e.g. carpet back separating, improper carpet seams,
plumbing, electrical wiring, structural conditions or unanticipated framing). Painting is estimated to return existing surfaces to their same color. A change in color, finish, or surface will be considered Additional Work. Any color, style, quality selections and/or work decisions shall be made verbally or in writing by Owner. Contractor will not be liable for Owner’s decisions or judgment.
G. LIMITED WARRANTY: Upon the receipt of, and conditioned upon, final payment, Contractor shall Warrant the Work on the Structure to be free from defects and workmanship for a period of One (1) year from the date of Substantial Completion or use by Owner, whichever occurs first, and shall assign to Owner all applicable manufacturer’s or supplier’s warranties. Warranty is limited to the repair or replacement, at Contractor’s option, of the Work provided by Contractor and specifically excludes incidental or consequential damages. Contractor specifically does not warrant any roof repairs, appliances or fixtures covered by manufacturer’s, supplier’s or others Warranty, or Warrant concrete, plaster or tile work to be free from coating, cracking or crazing. There are explicitly no other Warranties, express or implied, on any of the Work completed by Contractor. Repair warranty on serviced or installed equipment is Ninety (90) days from service date and must have model # and serial # (when available) for verification of unit or part.
H. INSPECTIONS: Owner shall schedule and make inspections of the Work as requested by Contractor. Owner agrees to diligently schedule and expedite inspections by required insurance companies, mortgage companies, lenders, or any entity that may be responsible for the release of funds due to Contractor for the performance of the Work. Owner also agrees to execute a letter of acceptance upon Substantial Completion of particular portions of the Work and agrees not to withhold payment for Work that is substantially completed. Owner agrees to make a final walk-through upon Contractor’s request and to sign a final walk-through inspection form when prepared and presented to Owner. Should Owner choose not to sign the final walk- through form, Owner hereby grants to Contractor a limited power of attorney to sign the form on Owner’s behalf.
I. PERSONAL PROPERTY: Owner shall remove all jewelry, cash, firearms, valuable collections, and all other such personal items from the Structure prior to the commencement of Work. Contractor shall not be responsible for the theft or damage of any such item.
J. DELAY: If the Work is delayed for any reason whatsoever, Contractor shall be entitled to an extension of time to complete performance of the Work and shall be entitled to any and all damages Contractor may incur because of the delay. Any changes in work or materials by Owner, after signing, must be done with SIGNED Change Orders.
K. DEFAULT: In the event Owner is in default of any obligations under this agreement, Contractor may, at its option choose from the following remedies, which shall be cumulative. The selection of any remedy does not preclude the selection of others or any other remedy available at law or equity. In addition, upon Owner’s default, Owner agrees to pay all costs incurred by Contractor, including reasonable attorney’s fees a service charge at the rate of One and One-half percent (1 1⁄2 %) per month (18% APR) on all balances that are not paid within Ten (10) days after they become due, and storage fees at the rate of Five Dollars ($5) per item per day ($5 per day minimum). 2) Contractor may cease all Work and upon Three (3) days written notice to Owner, terminate this agreement. In such event Owner hereby grants Contractor a right of Reentry to the Structure for the purpose of removing any or all portions of the Contents, Collateral, materials or goods installed at fixed or worked upon, or delivered to the Structure under this agreement (so long as the Work or removal does not substantially interfere with any materials or goods installed outside this agreement). 3) Contractor may assert a lien for services pursuant to state law and may sell the contents and/or Collateral in accordance with a procedure provided by state law. In such event, Contractor shall be entitled to all amounts provided by statute, case law and/or this agreement (including reasonable attorney’s fees): and/or 4) Contractor may proceed to collect all monies owed through civil proceedings. In such event, the parties agree that it would be difficult to determine the actual additional damages Contractor would incur as a result of Owner’s default and that Two Thousand Five Hundred Dollars ($2,500) in liquidated damages is a reasonable amount for such additional damages, all circumstances considered. Therefore in addition to all sums owing Contractor and other damages expressly provided for in this agreement, Owner agrees to pay Contractor as liquidated damages for additional Damages the sum of Two Thousand Five Hundred Dollars ($2,500). Also in such event or should Owner desire to terminate Contractor’s services under this agreement, Owner shall pay for all Work performed to the date of termination, including all material delivered for the Work, whether incorporated into the improvements or not, plus a sum equal to all additional costs and expenses that have been incurred by Contractor to the date of the termination of this agreement.
L. INSURANCE: Contractor shall maintain at all times during performance of the Work such insurance as Contractor normally maintains on projects of this nature, including policies of general liability insurance. Contractor shall provide proof of such insurance coverage on request. Owner shall obtain and maintain throughout the course of the Work such Property Building. Personal Property Builders Risk, “All Risk” and Premises Liability Insurance necessary to cover the Work (including all materials and supplies on site but not yet installed) and shall list Contractor as an additional named insured. Contractor shall provide such information to Owner and Insurance Company as required from time to time for Owner to maintain such insurance. Any liability claim (including but not limited to bodily injury, property damage, theft, etc.) Owner may have against Contractor shall be first Addressed to Owners insurance in effect at the time of loss, and Owner shall not retain any sum owing under this agreement on account of such claim. Owner hereby waives any right to subrogation against Contractor. Owner shall notify the insurance company immediately that contractor shall be named as an Additional Insured on Owner’s policy specifically including but not limited to the Building and Personal Property sections. Contractor’s insurance specifically excludes coverage of Fine Arts, separately scheduled items, and/or items normally excluded from Owner’s policy. In the event Owner has no insurance coverage and claim is made upon Contractor’s insurance for damage to the Structure or to the Contents in Contractor’s custody. Owner agrees that said claim shall be limited to Agreed Value, the Actual Cash Value or the Scheduled Value prior to Contractor’s receipt of the item.
M. HAZARDOUS SUBSTANCES: Should Contractor encounter any Hazardous Substance while performing the Work, including, but not limited to, asbestos, chemicals, gas or any other unsafe condition, Contractor may halt the Work. If the Work is halted, Contractor agrees to give notice to Owner of the Hazardous substance or dangerous condition. If the Work is halted for more than One (1) week contractor may terminate this agreement and Owner agrees to pay Contractor for ALL the Work performed to date. Owner agrees to inform Contractor of the known presence of Hazardous Substance(s) or Unsafe Conditions within the contents or Structure and agrees to indemnify and hold contractor harmless from any loss, damage, claim or demand from any person from the existence of and/or exposure to the Hazardous Substance(s) or Unsafe conditions.
N. NOTICES: Any notices required or permitted to be given under the terms of this agreement, or by law, shall be in writing and may be given by personal delivery or certified mail, directed to the parties at the addresses set forth under the signature lines of the parties to this agreement, or such other address as any party may designate in writing prior to the time of the giving of such notice, or in any other manner authorized by law. Any notice given shall be effective when actually received or if given by certified mail, then Forty-Eight (48) hours after the deposit of such notice in the United States mail with Postage prepaid.
O. ARBITRATION: If any controversy shall arise under this agreement or in the performance of the Work, such controversy shall be resolved by arbitration by the HI Contractor License Board (CLB) or the American Arbitration Association (AAA) under the then prevailing Construction Industry Rules of the APIA, or any other rules then prevailing in substitution.
P. INTEGRATION: This agreement constitutes a final and complete statement of the agreement between the parties, and fully supersedes all prior agreements or negotiations, written or oral.
Q.WAIVER: No Waiver of any right arising out of a breach of any covenant term or condition of this agreement shall be waiver of any right arising out of any other subsequent breach of the same or any other covenant, term or condition or a waiver of the covenant, term or condition itself.
R. LEGAL PROCEEDINGS: If any legal or arbitration proceeding is commenced for the purpose of interpreting or enforcing any provision of this agreement, the prevailing party in such proceeding shall be entitled to recover a reasonable attorney’s fee in such proceeding, or any appeal thereof, in addition to the costs of disbursements allowed by law.
S. PARTIAL INVALIDITY: If any provision of this agreement is held to be invalid or unenforceable, all other provisions shall nevertheless continue in full force and effect.
T. APPLICABLE LAW: The applicable law for the purpose of interpretation of this agreement or the enforcement of any rights or obligations hereunder shall be the laws of the State in which work is performed.
U. REPRESENTATIONS: Owner and Insurance Company hereby represent that each person signing Contract/Estimate/Agreement is properly authorized to enter into this agreement and that adequate insurance coverage exists to provide prompt payment for the Work performed in accordance with the terms of this agreement.
V. WITHDRAWAL: This agreement may be withdrawn by customer within Three (3) business days after the date of this agreement and Three (3) business days before work commences or materials are ordered (SEE NOTE “Y”), by giving written notice to the Contractor. Contractor may withdraw agreement if not signed by Owner and returned with deposit to Contractor within Thirty (30) days, and/or if Contractor fails to receive any additional loss payee’s acceptance of the agreement.
W. CREDIT CHECK: Contractor may be obtaining a credit check/report on Owner. If Contractor does so and is not reasonably satisfied with the credit check/report, Contractor may terminate this contract by giving written notice to Owner. In the event of such termination, Contractor shall refund to Owner all amounts paid to Contractor by Owner less the value of services performed by Contractor. If the value of services performed by Contractor exceeds the payments made by Owner to Contractor, Owner shall forthwith pay balance to Contractor.
X. HIDDEN DAMAGE: Costs related to hidden damage including but not limited to rot, decay, electrical, plumbing, HVAC, code upgrades, permits, fees, or other requirements are not included.
Y. MATERIALS/EQUIPMENT/SUPPLIES: Any returns or credits must have written approval by Contractor. All returns are subject to restock charges of Thirty-Five percent (35%) unless otherwise stated/approved by Contractor. Deposits MUST include all parts/materials & be a minimum of 50% for local residents and 90% for “off island” transactions of estimated total; whichever is greater.
© Copyright 2020, all rights reserved • Kūlana Services Inc./Done-Right Air Conditioning • 315 HukilikeSt., Ste. 2B • Kahului, HI 96732 • 1-808-871-8000 • http://www.kulanaservices.com