General Terms 

Subject to the Terms and Conditions attached hereto and incorporated as if fully stated herein, APARTMENT RESTORERS, LLC (hereafter called “Contractor” and/or “ARL”) will furnish all materials and perform all labor necessary as follows:

1. ARL shall furnish all of the materials and perform all of the selected services on each Services order as it pertains to Services to be performed on Client’s property.  In the case of contract terms for a particular scope of Services, the contract terms for materials and timeline shall prevail. 

2. This Agreement is based solely on the observations ARL was able to make with the project in its condition at the time the work of this Agreement was submitted. If additional concealed conditions are discovered once work has commenced or after this Agreement is executed which were not visible at the time this Agreement was submitted, ARL will point out these concealed conditions to Client, and these concealed conditions will be treated as additional work.

3. If Client requires a PO/WTN, service will not commence until a valid PO/WTN   is received. In the case of emergency after hours service requests, a Services Order   Authorization must be signed before any after hours crews are dispatched. A valid PO/WTN   must be received the next business day for any other Services to be completed.  

1. TERMS AND CONDITIONS

All Services provided by Apartment Restorers, LLC are subject to the following terms and conditions.

1. DEFINITIONS: 
2. Apartment Restorers, LLC, “Contractor” and/or “ARL”, shall mean the company performing the Restoration and Renovation Services as the terms are defined below.
3. Services means specific Restoration and Renovations Services to be performed by ARL as the terms are defined and set forth below.  
4. Restoration Services means demolition of materials damaged due to exposure to water, fire, mold, sewage, vital, or other biohazard conditions or events, extraction of excess water to limit damage, removal of unsalvageable material, dry the affected areas though the use of dehumidifiers, blowers, and air scrubbing  devises to dry walls, floor and cabinets, , take necessary actions to isolate unaffected areas and to minimize moisture related damage, control corrosion and humidity, strip, clean and deal all hard floor surfaces, restoration of the space including rebuilding, cleaning, painting, etc. that are necessary to restore the rental unit to full livable condition.
5. Renovation services are defined as those services, such as but not limited to: demolition of building materials that do not align with the new floorplan of an apartment unit, building of new internal structures such as walls, cabinets, door frames, etc. that are necessary to bring the apartment unit to the new floorplan.
6. “Client” refers to the business entity or person identified above ordering the Services to be done by ARL including any Owner, Agent or Property Management Company that engages the services of ARL to perform the aforementioned Services and shall be responsible for the payment thereof.  If the Client is ordering the Services on behalf of another, the Client represents and warrants that the Client is the duly authorized agent of said party for the purpose of ordering and directing said Services.  The ordering of additional service and/or materials from ARL beyond the scope of the Services shall constitute acceptance of the terms of these General Conditions as to such additional services and/or materials.     
7. “Services” means specific Restoration and Renovations Services to be performed by ARL as set defined and set forth below.  

2. FORCE MAJEURE/DELAY/UNKNOWN CONDITIONS/CONCEALED CONDITIONS:

1. Although every effort is made to maintain our schedule, the schedule is affected by weather and other circumstances beyond our control.  Events beyond the control of ARL, such as acts of God, labor strikes, inclement weather, material or labor shortages, Client’s inability to pay or qualify for or obtain financing, delays by local government authorities in issuing or otherwise approving inspections, permitting or other required authorizations for the job, pandemics or epidemics, holidays, accidents; additional time required for Change Orders and additional work; delays caused by Client, Client’s design professionals, agents, and separate contractors; and other delays unavoidable or beyond the control of the ARL.  Delays or other events resulting in delays in performance of this agreement do not constitute abandonment and are not included in calculating time frames for performance.  

3. CHANGE ORDERS/ADDITIONAL WORK;

1. Any changes to the contract, either addition or extras in material and labor, must be in writing and signed by the parties and any such change order shall specify the change in price as a result thereof.  Payment for Additional Work is due upon completion of either all or part of the Additional Work and submittal of invoice by ARL.

4. CLIENT’S REPRESENTATIONS:

1. Client will provide reasonable access to the property and the area on which the Services are to be performed.
2. Client warrants and represents that the property is safe and that it is free of any dangerous or hazardous conditions whatsoever other than what is disclosed in writing.
3. The Client warrants to have disclosed to ARL in writing all conditions about the Property or the structure that may reasonably be relevant to ARL’s Services, including but not limited to all hazards and unsafe conditions. 

5. OTHER PROVISIONS 

In addition, the following general provisions apply:  

1. All Services are to be completed in a workmanlike manner according to standard practices. 
2. ARL may, at its discretion, engage subcontractors to perform Services hereunder, provided ARL shall fully pay said subcontractor and remain responsible for the proper completion of this Contract. 
3. Client will provide parking for ARL vehicles at no charge. If parking fees are charged, the same amount will be applied to the Services Order Invoice as reimbursement. 
4. Client will provide necessary utilities for ARL to complete services at no charge. 
5. Services will be completed during the hours of 9am to 7pm unless otherwise specified. In the event overtime is required, ARL shall be compensated for any overtime Services based upon reasonable and customary overtime rates. 
6. In the event that ARL is requested to and/or commences any Services prior to the execution of this document, all terms and conditions set forth herein are deemed accepted by the Client as if this document was otherwise executed. 

6. PAYMENT TERMS ARE NET 30 DAYS. 

If payment is not made within thirty (30) days of the date of the invoice, Contractor may suspend Services on the job until such time as all payments due have been made.  All invoices which remain unpaid after forty-five (45) days from the date of the invoice will automatically accrue interest at the rate of 1.5% per month or the maximum allowed by law until paid in full. In the event that any action is brought by ARL to collect any payment due, ARL shall be entitled to recover reasonable attorneys’ fees incurred and all related court costs and expenses.

ARL shall have the right to stop all work on the project and keep the job idle if payments are not made to ARL strictly in accordance with these Terms and Condition, or if Client repeatedly fails or refuses to furnish ARL with access to the job site and/or property or information necessary for the advancement of ARL’s Service.

7. INDEMNIFICATION

To the fullest extent permitted by law, ARL shall indemnify and hold harmless the Client from and against claims, damages, losses and expenses, including but not limited to reasonable attorneys’ fees, attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property including loss of use resulting therefrom, but only to the extent such claims, damages, losses, or expenses are caused by negligent acts or omissions of ARL, its consultant’s subconsultants, or anyone directly or indirectly employed by either and not caused as a result of the acts or omissions of third parties or the result of any conditions already in existence at the site or property where the Servies are being performed.  Under no circumstances shall ARL be liable for special, indirect or consequential damages.

8. INSURANCE  

ARL represents that it has purchased general insurance coverage and agrees that it will keep in force for the duration of the performance of the Services.  Specifically, ARL shall maintain general liability insurance as specified below or required by law, whichever coverage is greater.

1. Servicer’s Compensation $1,000,000. 
2. Comprehensive General Liability with limits of not less than $2,000,000 per occurrence. 
3. Comprehensive Automobile Liability (owned, non-owned, hired) of $1,000,000 for each accident. 

A Certificate of Insurance will be sent to you prior to the commencement of Services on the Owner/Agent’s project.

9. LIMITATION OF LIABILITY:

ARL’s liability is limited to the total amount paid for the Services. Owner agrees to release, hold harmless, defend (pay attorneys’ fees, expert fees, arbitration costs and court costs) and indemnify Contractor from any and all damages, claims or actions that arise from: (a) conditions that pre-existed the specific loss or event Contractor was hired to address; (b) the premature removal of equipment or termination of Services against Contractor’s recommendations; (c) any refusal to allow Contractor to perform any Services or procedures Contractor recommends; and (d) any mysterious disappearances of personal property. Problems that may occur for which Contractor will be released, indemnified, defended and held harmless shall include, but not be limited to, mold, bacteria, structural damage, indoor air quality contamination, and environmental illnesses (including allergies, asthma and alleged toxic effects).