Terms and Conditions

Adams Home Construction Services LLC Terms and Conditions

Buyer hereby acknowledges receipt of a Proposal, stating the materials, equipment and services to be provided, and agrees that the terms and conditions stated herein shall govern the sale of all materials, equipment and services described in the Proposal:

Scope of Work and General Terms

a. These terms, together with the materials, equipment and services described in the Proposal, represent the entire agreement between Buyer and Adams Home Construction Services LLC and shall supersede all prior or contemporaneous negotiations, representations, and agreements. No changes (including additions) will be binding on Adams Home Construction Services LLC unless set forth in a written document that sets out the details of the changes, the cost thereof, and is signed by Buyer and Adams Home Construction Services LLC.

b. Payment for materials, equipment and services is due at the time they are delivered or provided. If Buyer fails to make payment when due, Adams Home Construction Services LLC shall have the right to cease further deliveries of materials and equipment and to cease providing services. Any amounts not paid when due are subject to a mechanic's lien on the property of Buyer. Buyer shall be liable to Adams Home Construction Services LLC for all costs incurred in collecting amounts owed by Buyer, including all repossession costs and expenses, and attorneys’ fees and expenses. All amounts owed by Buyer which are not paid when due shall bear interest at a rate of fifteen percent (15%) per annum until paid in full.

c. Title to materials and equipment will not pass to Buyer until Buyer has made payment in full for the materials, equipment and services provided pursuant to the terms set forth in the Proposal. The risk of loss of all materials and equipment shall pass to the Buyer upon delivery to the jobsite. Buyer may not sell, assign, or transfer any of its rights under this proposal, or ownership or possession of the materials or equipment provided pursuant hereto, unless Buyer has made payment in full for such materials, equipment and services.

d. Buyer is responsible for providing a safe jobsite and working conditions and providing access thereto. If Buyer fails to do so, Adams Home Construction Services LLC will have the right to cease further deliveries of materials and equipment and to cease providing services until such conditions are satisfied.

e. The scope of the work provided under the Proposal does not include identification, detection, abatement, encapsulation, or removal of asbestos, radon gas, or other hazardous substances, mold, toxic mold or other microbial contaminations, or products or materials containing such substances. Adams Home Construction Services LLC shall have no liability for the removal of, failure to detect, or contamination resulting from failure to detect such substances, and shall have no obligation to arrange for the removal, abatement, or encapsulation of any such substance. In the unlikely event that any such substances are discovered, Buyer is responsible for the removal of any such substances. In the event Adams Home Construction Services LLC encounters any such substance in the course of performing the work, Adams Home Construction Services LLC reserves the right to cease work and remove its employees from the jobsite until such substances are abated, encapsulated, or removed (as the situation may require), or Adams Home Construction Services LLC receives reasonable assurance that no hazard exists. In that case, Adams Home Construction Services LLC will be entitled to a reasonable extension of time to complete the work and to compensation for delays resulting from the presence of such substance(s). Mold, Toxic Mold or any substance deemed to stop or delay work.

f. The Proposal may be withdrawn at any time prior to its execution by Buyer. In the event that the Buyer terminates the agreement after Adams Home Construction Services LLC has begun work, Buyer will be responsible for any charges incurred by and loss of profit of Adams Home Construction Services LLC.

g. If at any time any work contemplated by this agreement requires extra costs above the cost specified or estimated in the Proposal that were reasonably unforeseen, but necessary, and the total of all extra costs to date exceeds five thousand dollars over the course of the entire agreement, you have a right to an estimate of those excess costs before Adams Home Construction Services LLC begins work related to those costs. Initial below your choice of the type of estimate you require: ___________written estimate ________________oral estimate

Written estimate

Collect signature

Oral Estimate

Collect signature

h. Adams Home Construction Services LLC shall endeavor to make delivery of the equipment and materials and to install the same on or before the date requested in the proposal (the “Requested Delivery Date”) unless circumstances and information available to Adams Home Construction Services LLC change materially between the time of the proposal and the Requested Delivery Date, in which case delivery shall be made as promptly after the Requested Delivery Date as is practicable in light of such changed circumstances. In the event Adams Home Construction Services LLC fails to deliver the materials and equipment within ten (10) days of the Requested Delivery Date, except for such delays as provided below, Buyer's sole and exclusive remedy with respect to that failure will be to collect liquidated damages in the amount of $10.00 per day, which is a reasonable estimate of the Buyer’s actual damages, which damages would be impossible to determine exactly; provided that, in the event circumstances reasonably beyond Adams Home Construction Services LLC’s control cause delays which prevent Adams Home Construction Services LLC from making timely delivery (including without limitation, acts of God, damage to manufacturing facilities, strikes or other labor difficulties, failure of public utilities, shortage or unavailability of material, requirements of any governmental authority, delays beyond Adams Home Construction Services LLC’s control in obtaining necessary measurements, information or drawings from Buyer or its representatives), Adams Home Construction Services LLC’s timely performance under the accepted order will be excused and the delivery date will be extended by the period of the delay and Adams Home Construction Services LLC will not have any liability to Buyer whatsoever for the delay or the extended delivery date.

2. Warranties and Remedies

a. Adams Home Construction Services LLC warrants that installation services provided under the proposal will comply with the state and local laws and regulations in effect at the time they are provided. Adams Home Construction Services LLC warrants that installation services provided by it pursuant to this proposal will be free from defects in workmanship for a period of one year from the date the services are performed, except as otherwise noted.

b. The warranties stated above are in lieu of any and all other warranties. Adams Home Construction Services LLC DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE MATERIALS, EQUIPMENT, AND SERVICES PROVIDED PURSUANT TO THIS PROPOSAL, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Buyer agrees to look solely to the manufacturer(s) of such materials and equipment for satisfaction of any and all claims related to the quality and performance of such materials and equipment or arising from any defects therein. Adams Home Construction Services LLC assumes no liability or responsibility.

c. Buyer acknowledges and agrees that (i) the duty to repair any non-conforming or defective work is Adams Home Construction Services LLC’s sole warranty obligation; (ii) such obligation is expressly limited to a period of one (1) year from the date the work is completed; (iii) such repair is Buyer’s sole remedy for any non-conforming or defective work; and (iv) failure to make a warranty claim within one (1) year of the date work is completed shall release Adams Home Construction Services LLC from the obligation to repair any non-conforming or defective work. Except for the repair of the non-conforming or defective work, Adams Home Construction Services LLC shall have no liability to buyer or buyers’ successors or assigns, for damages of any kind, including without limitation indirect, special, general, incidental or consequential damages.

d. Adams Home Construction Services LLC shall have no liability for failure to perform any of its obligations under this proposal if it results from or is a consequence of a fire, flood, severe weather, accident or other act of god or the public enemy, war, insurrection, strikes and other labor disagreements or any other cause beyond the reasonable control of Adams Home Construction Services LLC including any restrictions or restraint imposed by laws, orders, regulations or acts of any government authority. Any such clause shall suspend Adams Home Construction Services LLC obligation for as long as conditions persist.

e. Buyer hereby grants to Adams Home Construction Services LLC a purchase money security in all materials and equipment delivered to buyer pursuant to this proposal to secure Buyer’s payment of the amounts due. Adams Home Construction Services LLC shall retain such security interest until all amounts due to Adams Home Construction Services LLC under this proposal, together with any and all interest or other charges which may accrue pursuant to these terms, are fully paid. If Adams Home Construction Services LLC takes action to recover such amounts, it shall be entitled to recover its attorney’s fees and cost of any such recovery action.

3. Miscellaneous

a. Buyer agrees that any delay in payments due pursuant to this Proposal shall authorize Adams Home Construction Services LLC to suspend all work and shall automatically constitute notice to buyer of Adams Home Construction Services LLC intent to hold a mechanic’s lien on buyer’s property.

b. Buyer shall purchase and maintain fire, tornado and other insurance required to protect buyers’ property, including the materials and equipment set forth in the proposal after delivery of the same to the job site and Adams Home Construction Services LLC interest from loss prior to payment in full by buyer.

c. In the event any of these terms and conditions is found to be invalid or unenforceable, the validity and enforceability of the other terms and conditions of this proposal shall not be affected. All terms and conditions of this proposal are binding on buyer and its successors and assigns.

d. The laws of the state of Ohio shall govern this proposal. Adams Home Construction Services LLC and buyer agree that all actions or proceedings arising in connection with any agreement, whether based upon contract and otherwise, shall be tried and litigated only in the state and federal courts located in the state of Ohio. Buyer shall submit to personal jurisdiction in the state of Ohio and waive the right to a trial by jury, the right to counterclaim and any right it may have to assert the doctrine of forum non convenes or to object to venue.