GENERAL TERMS

Mechanic’s Lien:   Under the Mechanic’s Lien law, any contractor or material supplier improving your property, and not paid for his or her labor, services or materials, has a right to have a lien on your home, land or property where the work was performed and to sue you in court to obtain payment.  This means that after a court hearing, your home, land and property could be sold by a court officer and the proceeds of sale could be used to satisfy what you owe.  This can happen even if you have paid your contractor in full, if the contractor’s subcontractors, laborers, or suppliers remain unpaid.  To preserve their right to file a claim or lien against your property, certain claimants such as subcontractors or material suppliers are each required to provide you with a document called a “Preliminary Notice.”  Contractors and laborers who contract with owners directly do not have to provide such a notice since you are aware of the existence as an owner.  A Preliminary Notice is not a lien against your property.  Its purpose is to notify you of persons or entities that may have a right to file a lien against your property if they are not paid.  To perfect their lien rights, a contractor, supplier or laborer must file a mechanic’s lien with the county recorder, which then becomes a lien against your property.  Generally, the maximum time allowed for filing a mechanic’s lien against your property is 90 days after substantial completion of your project.

Contractor’s Notice: STATE LAW REQUIRES ANYONE WHO CONTRACTS TO DO CONSTRUCTION WORK TO BE LICENSED BY THE CONTRACTORS’ STATE LICENSE BOARD IN THE LICENSE CATEGORY IN WHICH THE CONTRACTOR IS GOING TO BE WORKING IF THE TOTAL PRICE OF THE JOB IS $500.00 OR MORE INCLUDING LABOR AND MATERIAL.  LICENSED CONTRACTORS ARE REGULATED BY LAWS DESIGNED TO PROTECT THE PUBLIC.  IF YOU CONTRACT WITH SOMEONE WHO DOES NOT HAVE LICENSE, THE CONTRACTORS’ STATE LICENSE BOARD MAY BE UNABLE TO ASSIST YOU WITH A COMPLAINT.  YOUR ONLY REMEDY AGAINST ANY UNLICENSED CONTRACTOR MAY BE IN CIVIL COURT AND YOU MAY BE LIABLE FOR DAMAGES ARISING OUT OF ANY INJURIES TO THE CONTRACTOR OR HIS OR HER EMPLOYEES.

Permits:  Any permits for work required by the state, municipality, region, or political subdivision will be provided by the customer unless customer elects, in writing, to have Best Tec provide them.    There is an additional charge for this service.

Manufacturers:  The manufacturers that we represent reserve the right to change specifications as conditions warrant and as they see fit.

Change Orders/Cancellations:  All changes and cancellations must be in writing.  Furthermore, should this contract be changed after material orders are placed with our suppliers, any restocking fee shall be paid by you.  Furthermore, if the materials, or any of them, are special order items that cannot be returned, then you are responsible for the full price of that item regardless of whether it is used in the foregoing project.

Quotes:  Quotes are good for thirty days only.  If thirty days have passed and you would like to proceed with the work, please call our office for an updated quote.

Work Period: Unless otherwise agreed, work will be performed between 8:00 A.M. and 4:00 P.M., Monday through Friday, excluding holidays.

Warranty:  Best Tec makes no warranties, express or implied, including any warranties of merchantability or fitness.  The only warranty that will apply to materials sold by Best Tec is the warranty made by the manufacturer.  Best Tec’s employees are without authority to change the foregoing.  All orders processed under these terms are to be paid by customer and refunds will be given once the manufacturing company decides.  All labor warranties are 30 days unless otherwise specified.  If recommendations are not completed at time they are made, it may void labor warranty depending on nature of the recommendation.

Three Day Cooling Period:  If the proposed work is for a “home improvement,” as that term is defined by Section 7150, et seq. of the California Business & Professions Code, then you, the buyer, have the right to cancel this contract within three business days. You may cancel by e-mailing, mailing, faxing, or delivering a written notice to the contractor at the contractor’s place of business by midnight of the third business day after you received a signed and dated copy of the contract that includes this notice. Include your name, your address, and the date you received the signed copy of the contract and this notice.    If you cancel, the contractor must return to you anything you paid within 10 days of receiving the notice of cancellation. For your part, you must make available to the contractor at your residence, in substantially as good condition as you received them, goods delivered to you under this contract or sale. Or, you may, if you wish, comply with the contractor’s instructions on how to return the goods at the contractor’s expense and risk. If you do make the goods available to the contractor and the contractor does not pick them up within 20 days of the date of your notice of cancellation, you may keep them without any further obligation. If you fail to make the goods available to the contractor, or if you agree to return the goods to the contractor and fail to do so, then you remain liable for performance of all obligations under the contract.  Any notice of cancellation can be sent to Best Tec at the mailing address noted on the first page of this document.  You have a right to demand that Best Tec post a performance bond.  You are entitled to a completely filled in copy of this contract, signed by both you and Best Tec, before work begins.  The down payment for any home improvement project shall not exceed $1,000.00 or 10% of the contract price, whichever is less.

Insurance:  Best Tec maintains commercial general liability insurance and worker’s compensation insurance.  To confirm carriers and limits on liability, please contact Alan Virgil at South Bay Risk Management.  Alan can be reached at 310/791-9855.

 
Existing Equipment and Conditions:  You are responsible, unless otherwise noted, for providing adequate power, water pressure and gas pressure/volume to the location of the equipment being installed.  You are also responsible, unless otherwise noted, for providing adequate plumbing and drainage for any equipment requiring such.  Best Tec is not responsible for any damage because of improper drains on the premises nor shall we be responsible for non-operative, inadequate or faulty existing plumbing, gas and electrical fixtures, parts and devices.

Authority to Bind Property Owner:  The individual signing on behalf of any Customer who is an entity represents and warrants that s/he has full authority to execute this contract and to bind the property owner for payment therefor.Disputes:  All disputes concerning this agreement shall be decided based upon the laws of the State of California and shall be adjudicated in the Riverside Type your paragraph here.