Terms and Conditions

1. Change Orders

• Home Ease may make changes to the scope of work without invalidating the agreement.
• Customer will be notified of any changes to the work.
• Changes will require a written Change Order.
• Change Orders will include:
• Updated scope of work
• Pricing adjustments
• Time extensions (if applicable)
• All pricing or timeline adjustments must be mutually agreed upon.

2. Indemnification and Insurance

2.1 Indemnification

• Each party agrees to indemnify and hold the other harmless for:
• Personal injury claims
• Death claims
• Property damage claims
• Applies when damages result from negligent, intentional, or wrongful acts.

2.2 Defense of Claims

• The indemnifying party controls the defense of claims.
• The other party must reasonably cooperate.
• No settlement may occur without written consent from the indemnified party.

2.3 Insurance

• Customer must maintain property or all-risk insurance equal to the replacement value of the work.

3. Warranty and Limitation of Liability

3.1 Workmanship Warranty

• Home Ease provides a 1-year workmanship warranty from the completion date.
• Warranty only applies if:
• Customer paid in full
• Customer reports issue during warranty period
• Home Ease will repair workmanship defects at no charge.
• Warranty does NOT cover:
• Acts of God
• Third-party repairs
• Abuse or misuse
• Neglect
• Normal wear and tear
• Home Ease disclaims all other warranties, including:
• Merchantability
• Fitness for a particular purpose
• Warranty may be voided if balances remain unpaid.

3.2 Product Warranty

• Home Ease does not warranty products or materials.
• Manufacturer warranties, if any, apply instead.
• Customer must seek product-related recourse through the manufacturer.

3.3 Limitation of Liability

• Home Ease is not liable for:
• Indirect damages
• Consequential damages
• Lost profits
• Lost opportunities
• Lost savings
• Maximum liability is capped at $100,000 unless caused by gross negligence or willful misconduct.
• Claims must be brought within 1 year of discovery.

4. Unforeseen/Differing Conditions

• Home Ease may stop work if unforeseen or hazardous conditions are discovered.
• Examples include:
• Mold
• Asbestos
• Lead paint
• Underground utilities
• Rocks or roots
• Buried debris
• Code violations
• Additional work requires a Change Order.
• Additional work must be paid before work continues.
• Home Ease may suspend or terminate the agreement if a Change Order is declined.

5. Termination

• Either party may terminate for:
• Material default
• Bankruptcy or insolvency
• Home Ease may terminate if Customer declines a reasonable Change Order.
• Either party may terminate without cause with 30 days written notice.
• If terminated for convenience:
• Home Ease is entitled to payment for completed work
• Home Ease may recover costs, overhead, and profit for unfinished work

6. Dispute Resolution

6.1 Governing Law

• Agreement is governed by Georgia law.

6.2 Mediation

• Disputes will first go to mediation through the American Arbitration Association (AAA).
• Mediation location:
• Atlanta, Georgia
• Each party pays:
• Its own expenses
• Half of mediator fees

6.3 Arbitration

• If mediation fails, disputes go to binding arbitration under AAA rules.
• Arbitration location will be mutually agreed upon.
• Arbitration decisions are final and enforceable in court.

7. Miscellaneous

7.1 Independent Contractor

• Home Ease is an independent contractor.
• Home Ease employees and subcontractors are not employees of the Customer.

7.2 Compliance with Laws

• Each party agrees to comply with:
• Labor laws
• Employment laws
• Immigration laws
• Workers’ compensation requirements

7.3 Assignment and Waivers

• Customer cannot assign the agreement without written consent.
• Waivers must be in writing.

7.4 Severability

• Invalid provisions do not invalidate the remainder of the agreement.

7.5 Use of Names and Trademarks

• Neither party may use the other’s branding without written consent.

7.6 No Third-Party Beneficiaries

• Agreement only applies between Customer and Home Ease.

7.7 Set-Off Rights

• Home Ease may offset amounts owed under this or other agreements.

7.8 Permits and Inspections

• Home Ease will generally obtain required:
• Permits
• Licenses
• Inspections
• Costs may be charged to Customer.
• Customer must assist with required permit information.
• Delays due to force majeure may affect timelines.

8. Force Majeure

8.1 Delays Outside Control

• Home Ease is not responsible for delays caused by:
• Weather
• Natural disasters
• Riots
• War
• Terrorist acts
• Fires
• Pandemics
• Government restrictions
• Quarantines
• Curfews
• Other events outside reasonable control