Scope of Work
Contractor agrees to furnish labor, materials, equipment, and services necessary to complete the work described in the attached Proposal. Any work requested by the Customer that is not specifically included in the Proposal shall be considered additional work and must be authorized through a written Change Order before such work is performed.
Payment Terms
The Customer agrees to make all payments according to the payment schedule set forth in the Proposal or Invoice.
If the customer fails to make the payment in full an annual interest rate of 21.99% will be applied to the outstanding balance. If payment arrangements are not met the delinquent account will be sent off to a collection agency where customer is then responsible for all payments due in addition to 25% collection agencies fees.
Furthermore, if above payments are not met customer will be subject to legal action and any fee’s proceeding such as court costs and attorney fees will be added to the account and are the customers responsibility.
Final payment is due immediately upon substantial completion of the contracted work, regardless of whether the Customer has occupied or used the completed work, provided the work is substantially complete and any remaining items do not materially affect its intended use.
Failure to make payment when due constitutes a material breach of this Agreement.
Late Payments
Any balance not paid when due may accrue interest at the rate stated in this Agreement or the maximum amount permitted under applicable New Jersey law, whichever is less.
If any payment becomes more than fifteen (15) days overdue, Contractor may suspend all work until the account is brought current. Any resulting delays shall extend the project completion date accordingly.
Acceptance of partial payment shall not waive Contractor’s right to collect the remaining balance.
Collection Costs
If the account becomes delinquent and is referred for collection or legal enforcement, Customer agrees to pay all amounts legally recoverable, including reasonable collection costs, court costs, filing fees, and attorney’s fees where permitted by applicable law.
Returned Payments
Any returned check, declined electronic payment, or reversed credit card transaction shall be subject to a service charge permitted by applicable law. Customer shall remain responsible for any outstanding balance and applicable fees.
Right to Suspend or Cancel Work
Contractor reserves the right to suspend or terminate performance if:
- Required payments are not received.
- Customer refuses reasonable access to the property.
- Unsafe working conditions exist.
- Customer materially breaches this Agreement.
Contractor shall not be responsible for delays or damages resulting from suspension caused by Customer’s breach.
Change Orders
Any modification to the original scope of work must be approved in writing by both parties. Verbal requests shall not obligate Contractor to perform additional work without written authorization.
Additional work shall be billed separately and may require payment before commencement.
Concealed Conditions
This Proposal is based upon visible conditions at the time of inspection.
Should concealed or unforeseen conditions be discovered, including but not limited to structural deterioration, water damage, rotted wood, code violations, chimney deterioration, hidden masonry defects, or other unsafe conditions, such work is excluded from the original contract price.
Contractor will notify Customer before proceeding with any additional work.
Customer Responsibilities
Customer shall:
- Provide Contractor with safe and uninterrupted access to the work area.
- Remove or protect all furniture, vehicles, decorations, electronics, flooring, landscaping, and other personal property.
- Secure pets and children during construction.
Contractor shall not be responsible for damage to items that were not removed or adequately protected prior to commencement of work.
Delays Beyond Contractor’s Control
Contractor shall not be liable for delays resulting from weather conditions, supplier shortages, permit delays, inspections, utility interruptions, labor shortages, acts of God, or any circumstances beyond Contractor’s reasonable control.
Warranty
Manufacturer warranties shall apply where applicable.
Contractor provides the following workmanship warranties:
- Lifetime Transferable Warranty on Stainless Steel Titanium 316Ti Liners and Thermocrete Systems.
- Twenty-Five (25) Year Warranty on 3003 Gas Liners, B-Vent Systems,
- Prefabricated Chimney and New Roof, asphalt shingles carry a 25-year warranty,
- Robber Roof carry a 15-year warranty,
- One (1) Year Workmanship Warranty on all other repairs and installations.
Warranty coverage is conditioned upon full payment of the contract price and proper maintenance of the installed products. Warranties are valid provided they are inspected annually and/or cleaned by ProWay Construction.
The warranty does not cover damage caused by storms, fire, flooding, structural movement, misuse, neglect, lack of maintenance, normal wear and tear, or alterations performed by others after Contractor’s completion.
Construction Lien Rights
Customer acknowledges that Contractor reserves all rights available under the New Jersey Construction Lien Law. Failure to make payment may result in Contractor pursuing all legal remedies available, including the filing of a construction lien where permitted by law.
No Chargebacks for Completed Work
Customer agrees not to dispute or initiate a credit card chargeback for work that has been substantially completed in accordance with this Agreement. Any concerns regarding workmanship shall first be submitted to Contractor in writing, and Contractor shall be given a reasonable opportunity to inspect and, where appropriate, correct covered workmanship issues before any payment dispute is initiated.
Governing Law
This Agreement shall be governed by the laws of the State of New Jersey. Any legal action arising from this Agreement shall be brought in a court of competent jurisdiction within the State of New Jersey.
Entire Agreement
This Agreement, together with the Estimate, Invoice, and any approved written Change Orders, constitutes the entire agreement between the parties. No oral statements or representations shall modify this Agreement unless made in writing and signed by both parties.
Acceptance
By signing this Estimate/Invoice Customer acknowledges that they have carefully read these Terms and Conditions, understand their legal effect, and agree to be bound by them.
Questions
If you have any questions regarding these Terms and Conditions, please contact us before authorizing any work. We are happy to answer any questions and explain our policies.
By requesting services, approving an estimate, signing a proposal or invoice, making a payment, or permitting work to begin, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.
Proway Construction LLC reserves the right to update these Terms and Conditions at any time. The version in effect on the date your proposal or contract is executed shall govern your project.
Our goal is to provide quality workmanship, honest service, and clear communication throughout every project. These Terms and Conditions are intended to protect both the Customer and Contractor by clearly defining each party’s rights and responsibilities.
Thank you for choosing us.