Terms & Conditions

1. LICENSING

Contractor is duly licensed under the laws and statutes of the State of California. CONTRACTORS ARE REQUIRED BY LAW TO BE LICENSED AND REGULATED BY THE CONTRACTORS STATE LICENSE BOARD. “ANY QUESTIONS CONCERNING A CONTRACTOR MAY BE REFERRED TO THE REGISTRAR WHOSE ADDRESS IS: CONTRACTORS STATE LICENSE BOARD, P.O. BOX 26000, SACRAMENTO, CALIFORNIA 95826”.

2. DRAWINGS, SPECIFICATIONS, AND PERMITS

The project will be constructed according to drawings and specifications that have been examined by Owner and that have been or may be signed by the parties to this contract. Unless otherwise specifically provided in the drawings or specifications. Contractor will obtain and pay for all required building permits, and Owner will pay assessments and charges required by public bodies and utilities for financing or repaying the cost of sewers, storm drain reimbursement charges, revolving fund charges, hookup charges and the like.

3. REQUIREMENTS OF PUBLIC BODIES

Unless specifically included, work does not include any changes or alterations from the drawings or specifications which may be required by any public body, utility or inspector. Contractor, at Contractor’s option, may alter specifications only so as to comply with requirements of Governmental Agencies having jurisdiction over same. Any alteration undertaken to further this end shall be treated as extra.

4. ADDITIONAL FACILITIES OSHA REQUIREMENTS

Water, sewer, gas and electric utilities from the serving agency in the point of entry at owners property line, or to the metering device where such devices are required, are the responsibility of Owner unless otherwise specified. In compliance with Federal and State Law, Owner agrees to make drinking water and toilet facilities available to all workmen or compensate Contractor for cost of rented units. Owner agrees to provide electricity at the job site as may be required by Contractor to effect the work herein.

5. ACCESS TO WORK

Owner shall grant free access to work areas for workmen and vehicles, and shall allow areas for storage of materials and debris. Owner agrees to keep driveways clear and available for movement and parking of trucks during normal work hours. Contractor and workmen shall not be expected to keep gates closed for animals or children. Contractor shall not be held responsible for damage to driveways, walks, lawns, shrubs, or other vegetation, by movement of trucks, men, equipment, materials, debris, etc. If Owner denies access to any workmen or materialmen during scheduled working hours, then the Owner will be deemed be in breach of agreement and subject himself to liability therefor.

6. FINANCING

Owner is responsible for obtaining any financing he deems necessary. Owner represents that he has arranged sufficient financing to comply with this Agreement.

7. WORK ALLOWANCE, CONFLICT, ABNORMAL CONDITIONS

A reasonable allowance on all dimensions shall be allowed. All sizes are outside approximate sizes. In the event of any conflict between sketches renderings, views, pictures, plans, blueprints, etc. and this Agreement, then this Agreement shall be controlling. Contractor is not responsible for any existing Illegal conditions. Contractor is not responsible for any unusual or abnormal concrete footings, foundations. retaining walls, or piers required, or any unusual depth required for same, such as, but not limited to, that condition caused by poor soil, lack of compaction, hillside, or other slope conditions, and may, but is not obligated to, correct same, and any and all such work, if required by public bodies, shall constitute an Extra and shall be paid for the same as any other Extra.

8. CHANGE ORDERS, AMENDMENTS AND MODIFICATIONS

Any subsequent amendment, modification or agreement, which operates to alter this contract, and which is signed or initialed by Contractor and Owner, shall be deemed a part of this contract and shall be controlling in case of conflict, to the extent that it alters this contract.

9. PREPARATION, WORK AND MATERIAL

Unless agreed upon in writing between Contractor and Owner, and specified herein under “description of work”, descriptions of materials”, and “specifications”, or “plans” this contract does not include painting and preparation, filing, finishing, grading, retaining walls, new or relocated gutters and down spouts, screen doors, stair railings, or weather stripping.

10. EXTRA WORK-CHANGES

If Owner, Construction Lender, or any public body or inspector directs any modification or addition to the work covered by this contract price, plus contractors usual fee for overhead and profit. Payments for extra work will be made as the extra work progresses, concurrently with payments made under payments scheduled. Contractor shall do no extra work without the prior written authorization of the Owner. Any such authorization shall show the agreed terms and shall be approved by both parties.

11. PLUMBING

Unless specifically included herein, plumbing, gas, waste and water lines outside of foundations of existing building are not to be changed. Unless specifically included herein, any work to be done regarding cesspools or septic tanks is not included. Contract price does not include rerouting, relocation or replacement of vents, pipes, ducts, or conduits not shown, or pipes that may be encountered in areas of alteration or excavation.

12. ELECTRICAL SERVICE

Unless specifically included herein, electrical work contemplates no change to existing service panel other than the addition of circuit breakers or fuse blocks to distribute electric current to new outlets. Changes to existing wiring in areas undisturbed by alterations are not included. Further, all existing electrical wiring systems are assumed to be, and represented by Owner as being adequate to carry load imposed by existing work. Any work necessary to correct such existing conditions shall be an Extra and shall be dealt with under the provisions of “Paragraph 10” as above.

13. PLASTER

Contractor calls attention to the Owner to the limitations of patching plaster, and while Contractor shall make every effort to match existing textures, colors and planes, exact duplication is not promised.

14. FILLED GROUND OR ROCK

Unless specifically included herein, excavating does not contemplate filled ground, or ground of inadequate bearing capacity, or rock or any other material not removable by ordinary hand tools. Any such work shall be an Extra and shall be dealt with under the provisions of “Paragraph 10” above.

15. TERMITE WORK

Contractor shall not be obligated to perform any work to correct damage caused by termites or dry rot. Any such work shall be an Extra and shall be dealt with under the provisions of “Paragraph 10” above.

16. USE OF THE STRUCTURE

It is understood and agreed that the structure erected by Seller is not to be used as a habitable room but as a patio ver and/or screen enclosure for recreational purposes as defined in the Appendix of the 1994 Uniform Building Code. Chapter 31. Section 3101, as well as California State Housing Law and Building Regulation, as Follows: a) Habitable room (Part 2, Chapter 4. Section 409 of the 1994 UBC). Habitable space (room) is space in a structure for living, sleeping, eating or cooking, Bathrooms, toilet compartments, closets, halls, storage or utility space and similar areas are not considered habitable spaces. b) Patio covers (Section 3101, Chapter 31. Appendix to 1994 UBC). Patio covers are one-story roof structures that shall not exceed 12 feet in height. Patio covers shall be open on one or more sides for a clear height of not less than 6 feet 8 inches between the floor and the soffit of supporting members. Where two sides are open such open sides may be partially closed by solid walls which are not more than 30 inches in height above the patio floor and the remaining sides may be totally enclosed. Open sides shall not be covered with any material which would obstruct the free passage of light and air. Exception: Open sides may be enclosed with insect screening and plastic. Patio covers shall be used only for recreational, and outdoor living purposes and not as carports, garages, storage rooms or habitable rooms. The Plastic referred in Section 3101 is readily removable translucent or readily removable transparent, flexible plastic screening of not more than 20 mils thickness for as revised by the 1994 UBC business meeting. 125 inches thick). Accordingly, Seller does not warrant patio covers and/or screen enclosures to be 100% water, wind or condensation resistant with or without removable plastic inserts.

17. REMOVABLE PLASTIC INSERTS/GLASS INSERTS

These plastic inserts/glass inserts are specifically designed to meet the requirements of Chapter 31 in the Appendix of 1994 Uniform Building Code as well as California State requirements to be readily removable and are not a permanent part of the structure. Accordingly, they are not warranted to be 100% water, wind, or condensation-proof. Use of such panels may be subject to light and ventilation regulations of local building departments in which case such use is the sole responsibility of the Purchaser. Materials are guaranteed for one year from date of installation, and damage from misuse or abuse excluded. Replacements for any reason after warranties will be made at cost plus a reasonable service charge.

18. MATERIAL REMOVED DEBRIS

All material removed from structures in course of alteration shall be disposed of by Contractor except those items designated by Owner in writing prior to commencement of construction All Contractor’s construction debris to be removed by Contractor at termination of work and premises left in neat, broom clean condition, unless otherwise agreed upon herein.

19. EXTRA TIME

Contractor agrees to start and diligently pursue work through to completion, but shall not be responsible for delays for any of the following reasons: failure of the issuance of all necessary building permits within a reasonable length of time, ending of loans, disbursement of funds into Ending control or escrow. acts of neglect, or omission of owner or Owner’s employees or Owner’s agent, acts of God, stormy or inclement weather, strikes, lockouts, and boycotts, or other labor union activities, extra work ordered by Owner, acts of public enemy, riots, or civil commotion. Inability to secure material through regular recognized channels, imposition of Government priority or allocation of materials, failure of Owner to make payments when due, or delays caused by inspection or changes ordered by the inspectors of authorized governmental bodies, or for acts of independent contractors, or holidays, or other causes beyond Contractor’s control.

20. DAMAGE TO PROJECT AND ALLIED PERILS: INSURANCE

Owner will procure at his own expense and before commencement of any work under this contract fire insurance with course of construction, vandalism, and malicious mischief clauses attached. The insurance is to be in a sum at least equal to the contract price with loss, if any, payable to the beneficiary under any deed of trust covering the project. The insurance is to name Contractor and his Subcontractors as additional insureds, and to protect Owner, Contractor and his Subcontractors, and construction lender as their interests may appear. Should Owner fail to do so, Contractor may procure such insurance as agent for and at the expense of, Owner. but is not required to do so. If the project is destroyed or damaged by any accident, disaster, or calamity, such as fire, storm, flood, landslide, subsidence, or earthquake, or by they or vandalism, any work done by Contractor in rebuilding or restoring the project shall be paid for by the Owner as an Extra and shall be dealt with under provisions of “Paragraph 10” above. If, however, the estimated cost of replacement of work already accomplished by Contractor exceeds twenty (20) percent of the contract price, Owner shall have the option to cancel this contract and, in that event. Contractor shall be paid the reasonable cost, including contractors usual overhead and a net profit to contractor in the amount of ten percent, of all work performed by Contractor before cancellation.

21. PROTECTION OF OWNER’S PROPERTY

Owner agrees to remove or protect any personal property, inside and out, but not limited to carpets, rugs, drapes, furniture, shrubs, plantings and personal property and Contractor shall not be held responsible for damage or loss of said items.

22. GUARANTEE OF OWNER’S PROPERTY

Contractor guarantees that all materials furnished by him will be of standard quality free from defects, and will be installed or applied in a good and workmanlike manner. Such labor and materials guaranteed for a period of 1 year when subject to normal use and care, and provided Owner has complied in full terms and payment and other conditions of this contract. The liability of the Contractor for defective material or installation under this guarantee is hereby limited to the replacement or correction of said defective material and/or installation, and no other claims or demands whatsoever shall be made upon or required to be allowed by the Contractor. However, equipment, assemblies, or units purchased by Contractor included in this contract are sold and installed subject to the manufacturer’s or processor’s guarantee or warranties, and not Contractor’s.

23. WORK STOPPAGE

Contractor shall have the right to stop work and keep the job idle if payments are not made to him when due. If the work shall be stopped for any reason, for a period of sixty (60) days, then Contractor may, at Contractor’s option, upon five (5) days written notice demand and receive payment for all work executed and materials ordered or supplied and any other loss sustained, including Contractor’s normal overhead and profit. Thereafter, Contractor is relieved from any further liability. In the event of work stoppage for any reason, Owner shall provide for protection of, and to be responsible, for any damage, warpage, racking, or loss of material on the premises.

24. COMPLETION AND OCCUPANCY

Owner agrees to sign a Notice of Completion at each stage of work completed as per contract. If Owner fails to so record the Notice of Completion then Owner hereby appoints Contractor as Owner’s agent to sign and record a Notice of Completion on Owner’s behalf. This agency is irrevocable and is an agency coupled with an interest. Contractor may bar occupancy of the project by Owner or anyone else until Contractor has received all payments due under this contract and until Notice of Completion has been recorded, use and/or occupancy shall be considered completion. If a funding control service is utilized, then Contractor and Owner hereby agree that the funding control service shall be appointed as Owner’s agent to sign and record a Notice Completion on Owner’s behalf.

25. NOTICE

Any notice required or permitted under this contract may be given by ordinary mail at the address contained in this contract, but such address may be changed by written notice from one party to the other from time to time. Notice shall be considered received one (1) day after depositing in the mail, postage prepaid.

26. INTEGRATION CLAUSE

This contract, including documents incorporated herein by reference, constitutes the entire agreement of the parties. No other agreements, oral or written, pertaining to the work to be performed under this contract exists between the parties.

27. GOVERNING LAWS

This agreement shall be construed in accordance with, and governed by, the laws of the State of California.

28. CORRECTIVE OR REPAIR WORK

If corrective or repair work of a minor nature remains to be accomplished by Contractor after the project is ready for occupancy. Contractor shall perform the work expeditiously and Owner shall not withhold any payment pending completion of such work. If major items of corrective or repair work remain to be accomplished after the building is ready for occupancy, the cost of which aggregates more than one (1) percent of the gross contract price, the Owner. pending completion of the work may withhold payment of a sufficient amount to pay for completion of the work, but shall not withhold any greater amount.

29. CONTRACTOR RESPONSIBILITY

Contractor will not be responsible for the integrity of an existing awning, including but not limited towater leaks.

30. MOISTURE/WIND

Patio enclosures, patio roofs and patio covers are not warranted to be 100% resistant to water leaks, wind or condensation.

31. IMPORTANT NOTICE

Purchaser will void all warranties and guarantees if gasket seals are damaged and/or broken by Purchaser using excessive unnatural pressure on or against the patio structure or its side walls. Excessive unnatural pressure by use of water testing with a garden hose will void all warranties and guarantees.

32. LITIGATION

Should litigation become necessary to enforce any of the provisions hereunder. the prevailing party shall be entitled to reasonable costs and attorney’s fees.

33. MECHANICS LIEN

If contract is not paid in full for the labor, services, equipment or materials furnished or to be furnished, a mechanics lien leading to the loss, through court foreclosure proceedings, of all or part of your property being improved may be placed against the improved property.

34. SITE CHECK

If upon site checking a job it is determined by Sunset View Patios that a particular job cannot be done to city and/or county codes or other prevailing factors prevent the job from being built this contract is void and the buyer’s deposit will be partially refunded depending on preliminary work done on the job.

35. CANCELLATION

Subject to a minimum 25% of contract amount can be imposed upon cancellation of a contract after the third business day.