This Proposal, Service & Cancellation Agreement (“Agreement”) is entered into between AA Contractor LLC (“Company,” “we,” “us,” or “our”) and the homeowner/customer (“Client”).
This Agreement governs all estimates, proposals, services, and work requested, approved, or authorized by the Client.
1. Proposal and Contract Formation
This proposal is provided as a courtesy to the Client and is subject to modification at the Client’s request and/or upon recommendation of the Company. A formal contract may be executed by the parties prior to commencement of work.
In the absence of a separate formal contract, this proposal, once signed or electronically accepted, shall become a binding agreement.
By signing or accepting this Agreement, the Client authorizes AA Contractor LLC to perform the work as described and agrees to all terms and conditions contained herein.
2. Approval of Estimate and Scheduling
Upon written, electronic, or verbal approval of any estimate, proposal, or scope of work, the Client authorizes the Company to allocate time, labor, materials, scheduling, and administrative resources necessary to prepare for and perform the approved work.
3. Payment Terms
- Payment for materials is due upon execution of this Agreement.
- Thirty-three percent (33%) of total contract labor is due and payable at the time of signing.
- Remaining labor costs are due upon substantial completion of work, and may be billed in stages throughout the project.
- Deposits on all parts and materials ordered are non-refundable once purchased.
4. Customer Right of Rescission (Home Solicitation Sales)
If this Agreement is signed at the Client’s residence, the Client shall have a three-day right of rescission, beginning on the day of signature, excluding Sundays and legal holidays, in accordance with applicable law.
5. Changes, Hidden Conditions, and Cost Overruns
The Client understands and agrees that:
- Certain defects or conditions may only be discovered during inspection, demolition, or after work has begun.
- Additional costs may arise due to unforeseen issues, damages, obstacles, code requirements, or changes in materials or specifications.
- Such additional costs may increase total project time and expense.
The Client agrees to pay for reasonable additional costs upon notice and approval.
6. Licensed Trades Disclaimer
The Client acknowledges that any electrical and/or plumbing work must be performed by a properly licensed professional in that trade, in accordance with applicable laws and regulations.
7. Work Duration
Any estimated timeframes provided are good-faith estimates only and not guaranteed. Delays may occur due to unforeseen conditions, inspections, material availability, weather, or other factors beyond the Company’s control.
8. Communication and Authority
The Client agrees not to engage directly with the Company’s employees or subcontractors regarding cost, scheduling, contract modifications, additional work, or related matters without express authorization from the Company.
9. Cancellation Policy
Cancellation by Client
If the Client cancels an approved job or estimate for any reason, the Client agrees to pay a cancellation fee as liquidated damages, not as a penalty, to compensate the Company for administrative costs, scheduling commitments, and lost business opportunity.
Cancellation Fee
The cancellation fee shall be the greater of:
- One Hundred Dollars ($100.00), or
- Twenty percent (20%) of the total approved job or estimate amount.
Application of Deposits
Any deposit or advance payment shall be applied toward the cancellation fee. If the deposit is less than the required cancellation fee, the Client remains responsible for the remaining balance.
Notice of Cancellation
All cancellations must be submitted in writing via email, text message, or other documented communication. The effective cancellation date is the date the notice is received by the Company.
No-Show and Late Cancellation
Failure to provide written notice or failure to allow access to the job site as scheduled may be treated as a cancellation and may result in additional charges.
10. Force Majeure / Emergency Exception
No cancellation fee shall be imposed if cancellation is the direct result of circumstances beyond the reasonable control of either party, including but not limited to acts of God, natural disasters, fire, flood, severe weather, government or court orders, utility outages, labor strikes, public health emergencies, or other events rendering performance impracticable or unsafe.
The Company may request reasonable documentation. Applicability of this exception shall be determined in good faith at the Company’s sole discretion.
11. Governing Law and Venue
This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts.
Any legal action arising out of or relating to this Agreement shall be brought exclusively in the state or federal courts located within the Commonwealth of Massachusetts, and the parties consent to such jurisdiction and venue.
12. Acknowledgment and Acceptance
By signing, electronically accepting, or approving this Agreement, the Client acknowledges that they have read, understood, and agreed to all terms and conditions contained herein.