Terms and Conditions

(Effective July 1, 2024)

Agreement. Clear Choice Windows and Doors Inc. dba Clear Choice Construction Inc. (“Company”) agrees to provide certain labor, materials, and/or other services to property owner (“Customer”) under the terms and conditions set forth herein (the “Terms”). By requesting, authorizing, or otherwise engaging Company in any form, Customer expressly acknowledges and agrees to these Terms.
Scope. Unless otherwise agreed to in writing, Company shall provide certain labor, materials, and/or other services (the “Work”) at the direction of Client. Company shall control all aspects of the Work it performs and will select all materials it uses, in its sole and absolute discretion. Oral direction by Customer is sufficient to authorize Company to proceed with the Work and to bind Customer to payment as set forth in these Terms.
Specific Exclusions. Unless otherwise agreed to in writing, the following is explicitly excluded from the Work: moving Customer’s property; temporary power; repairs or corrective work to existing conditions (including out-of-plumb or out-of-level conditions, dry rot or insect damage, or substandard framing); exact matching of existing finishes; providing and installing new interior trim, interior or exterior painting; interior wall caulking or spackling; sheetrock repair; wallpaper repair; blind removal or installation; blind repair; electrical work; plumbing; landscaping; and alteration or reconnection of security systems.
Payment Terms. Unless otherwise agreed to in writing, Customer agrees to pay fifty percent (50%) of the estimate provided by Company prior to the start of the Work, with all remaining amounts owed to Company due upon substantial completion of the Work. All unused materials are the property of Company. Customer shall pay 5% late charge per month on any amounts past due. A fee of $125.00 will be applied to all returned checks. Customer agrees that Company may terminate or suspend all construction activities should any amounts remain unpaid longer than ten (10) days past due. Any amount not paid when due shall accrue interest at the rate of one and a half percent (1.5 %) per month, or the maximum amount permitted by law.
Changes/Unforeseen Conditions. Customer and Company recognize that during the performance of the Work, it may be necessary or desirable for Company to perform additional work not anticipated prior to the start of the Work due to changes requested by Customer, unforeseen conditions, or other unanticipated impacts. To the extent that the Company incurs additional costs in performance of the Work due to changes requested by Customer, unforeseen conditions, or other impacts for which the Company is not responsible, or if the Work is made more difficult or time consuming as a result of issues beyond the control of Company, then Company shall be entitled to additional compensation, including without limitation compensation for cost of materials and additional labor. Unless otherwise agreed to in writing, the additional compensation owed to Company shall be calculated on time and material basis using the following rates and mark-up: (i) $125 per hour for all on-site labor, and (ii) Company’s actual material and other direct costs, plus sixty percent mark-up. Company shall endeavor to prepare and provide to Customer a written change order in the event additional work becomes necessary, however, Company’s failure to notify or receive approval for additional costs shall not impact Company’s right to compensation under this Section. All acceptance of said work or material should be presumed unless there is written notice to the contrary.
Cancellation. Customer may cancel the Work and its agreement with Company with or without cause, by giving written notice to Company. Should Customer cancel the Work more than three (3) business days after authorizing the Work, Customer shall be liable to Company for all costs incurred by Company as a result of cancellation, plus 20% of the estimated cost of the Work.
Time for Performance. Unless otherwise agreed to in writing, time is not of the essence for performance of the Work. Company agrees to perform the Work in a reasonable amount of time following Customer’s direction.
Design Documents. To the extent the Work requires compliance with any plans, specifications, drawings, or other similar design documents furnished by Client (collectively the “Design Documents”), Client warrants the accuracy and constructability of the Design Documents. Company shall have no responsibility whatsoever for errors, omissions, flaws or defects in the Design Documents.
Maintenance. It is the Customer’s responsibility to paint or stain any interior trim, as well as, any exterior trim to avoid water damage to the wood. Customer must paint the outside caulking immediately after it dries to ensure the least amount of shrinking, and to prevent it from cracking and peeling. Company will not be responsible for repairing any trim and/or caulking damaged due to it being unpainted and exposed to the elements. Also, Company will not be responsible for any water damage to windows resulting from the caulking not being painted as directed. The windows and caulking are not made to withstand the water pressure from pressure washing. Customer should never pressure wash near the windows and caulking before or after painting. Customer should also be aware that many professional painters use pressure washers prior to painting: therefore, Customer should advice painters to keep the pressure washing away from the windows. Company will not be held responsible for repairing any damage or water leakage that is caused by pressure washing.
Customer Representations. Customer represents that it owns the property where the Work is to be performed and has full authority to authorize the Work. Customer shall provide Company with unimpeded access to the worksite and shall maintain the worksite in a safe and secure condition during the performance of the Work. In the event access to other properties is needed, Customer shall obtain all necessary permissions to allow Company access to perform the work and shall indemnify, defend, and hold Company harmless from any damages, costs, and expenses arising from Company’s access to other properties. Customer represents and warrants that there are no known conditions on the property that would affect or impede Company’s work. Customer shall furnish all site facilities necessary to perform the Work, including water and electrical power. Customer shall not dispose of any debris in the drop boxes provided by Company for the disposal of debris related to performing the Work. Customer shall be responsible for all additional charges resulting from the disposal of debris by someone other than Company and its subcontractors into the drop boxes provided by Company. Should Customer observe any water leaks or water penetration in the vicinity of Company’s Work, Customer shall immediately notify Company by telephone or e-mail of any such water leak or water penetration and shall further notify Company in writing of such water leak or water penetration within 48 hours of first observing such conditions. Customer agrees that Company shall not be liable for any damages allegedly resulting from water leaks or water penetration if Customer fails to notify Company of such water leak or water penetration in a timely manner as specified above.
Limited Warranty. Company warrants to Customer for a period of five (5) years from the date of completion of the Work that all doors and windows will be installed in accordance with manufacturer’s recommendations and in compliance with applicable building codes at the time of installation. Company further warrants that any other portions of the Work shall be free from defects in workmanship and materials for a period of one year beginning on the date of substantial completion of the Work. Company expressly disclaims any warranties as to the manufacture of all windows and doors and Customer’s sole remedy for any defects in such windows and/or doors shall be against the manufacturer(s) thereof. This warranty is a repair and replacement warranty only, meaning that Company agrees to repair or replace any Work not in conformance with this warranty during the warranty period. Company shall not reimburse Customer for any repair work performed by a third party. Company’s warranty does not cover, and Company shall not be liable for, any work, materials, or items warranted by third parties, or covered by third party insurance. To the extent permitted, Company assigns and transfers to Customer any and all rights it has or may have under expressed or implied warranties by the manufacturers and/or suppliers of the doors and/or windows or any other third party relate to the doors and windows installed by Company. This limited warranty is not transferable. Under no circumstances does Company warrant any of the following: (i) any failure by Customer to perform maintenance; (ii) failure by Customer to perform caulking and painting after installation; (iii) ordinary wear and tear; negligent or intentional acts by Customer; (iv) defects and failures resulting from mistreatment or neglect; (v) work performed or materials installed by others not a party to the Contract; (vi) damage caused by commercial or industrial waste; or (vii) damage caused by intervening causes, including but not limited to flood, insect damage, earth movement, natural disasters, acts of God, or other causes that are beyond the reasonable control of Company.
No Other Warranties. EXCEPT FOR THE LIMITED WARRANTY SET OUT IN THIS SECTION AND ANY ADDITIONAL EXPRESS WARRANTY MADE IN WRITING AND SIGNED BY A REPRESETATIVE OF THE COMPANY, COMPANY MAKES NO OTHER WARRANTY WHATSOEVER WITH RESPECT TO THE WORK AND THIS LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE WARRANTY O FFITNESS TO A PARTICULAR PURPOSE. NO EMPLOYEE OF THE COMPANY HAS AUTHORITY TO BIND THE COMPANY OR TO MAKE WARRANTIES OR REPRESENTATIONS UNLESS THE SAME ARE IN WRITING AND SIGNED BY AN OFFICER OF THE COMPANY.
Limitation of Liability. TOTAL LIABILITY OF THE COMPANY AND COMPANY’S AFFILIATES, IF ANY, FOR ANY CLAIMS, LOSSES, COSTS, OR DAMAGES WHATSOEVER ARISING OUT OF, RESULTING FROM OR IN ANY WAY RELATED TO THE WORK OR THESE TERMS FROM ANY CAUSE WILL NOT EXCEED THE AGGREGATE PAYMENTS COMPANY RECEIVED FOR THE WORK GIVING RISE TO THE CLAIM. IN NO EVENT WILL COMPANY BE LIABLE TO PURCHASER OR TO ANY THIRD PARTY FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND.
Indemnity. To the fullest extent permitted by law, Customer shall defend, indemnify and hold harmless Company from and against all claims, damages, losses and expenses, including attorney fees, arising out of or related to the Work, to the extent caused in whole or in part by any act or omission of Customer or anyone directly or indirectly employed by Customer or anyone for whose acts it may be liable, regardless of whether it is caused in part by Company.
Hazardous Materials. Company is not responsible for the removal of hazardous materials such as asbestos or other similarly hazardous substance, which has not been rendered harmless. Should Company encounter what they reasonably believe is hazardous materials or hazardous conditions, Company shall immediately stop work and report the conditions to the Customer. If the subject home was constructed before 1978, Customer acknowledges receipt of the lead pamphlet, “Protect Your Family From Lead In Your Home”, from Company and available here: https://www.oregon.gov/ohcs/development/Documents/Reservation-Letter-Attachments/home/home-lead-based-paint-brochure.pdf
Mold. The Work expressly excludes any services relating to mold, mold remediation, or addressing indoor air quality and pollution, including but not limited, mold remediation, ventilation system remediation, containments for the removal of exterior siding and any other building materials, special debris disposal costs, HEPA vacuuming, any cleaning relating to mold. Company shall not be liable for any damages whatsoever relating to or arising from mold and indoor air quality and pollution, including without limitation personal injury or property damage.
Required Residential Construction Notices. For Oregon projects – Customer acknowledges that Company provide them with the “Information Notice to Owner About Construction Liens”; “Consumer Protection Notice” and “Notice of Procedure” as required by the State of Oregon Construction Contractors Board, which can be found here: https://www.oregon.gov/ccb/Documents/combined%20notices.pdf. For Washington projects – Customer agrees to sign and return to Company the “Notice to Owner” prior to the start of the Work, as required by the State of Washington Department of Labor & Industries Construction Compliance Division, which form can be found here: https://lni.wa.gov/forms-publications/F625-030-000.pdf
Attorney Fees. In any legal action, arbitration, or other proceeding arising out of or related to these Terms, the prevailing party shall be entitled to recover reasonable attorney fees, expert fees, deposition expense, discovery vendor costs, and all other costs or expenses of any kind associated with litigation.
Modification and Severability. These Terms may not be amended orally, by course of dealing or by usage of trade, and any modification or amendment to the Terms must be in writing. If any provision in these Terms is found to be unenforceable, that will not invalidate the remainder of the Terms.
Choice of Law. These Terms and any action related to or arising out of the Terms shall be governed and interpreted by and under the laws of the State of Oregon.
Arbitration. All disputes, claims, and controversies arising from or relating to the Work or these Terms shall be submitted to final and binding arbitration administered by Arbitration Services of Portland in accordance with its then current rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
Construction. These Terms shall not be construed either for or against any party.
Integration. These Terms contain the entire agreement of the parties and supersedes all prior and contemporaneous oral or other agreements, representations, and undertaking of the parties. Customer is voluntarily agreeing to the Terms by authorizing the Work with full knowledge of its significance, intending to be legally bound by the Terms.