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STA Big Rock – Terms and Conditions

 

STANDARD TERMS & PROVISIONS OF THE PURCHASE OF MATERIALS AND SERVICES

All agreements and/or contracts for the purchase of materials and/or services from STA Enterprises, Inc. (“STA”) are subject to and incorporate the terms and provisions contained in this standard Terms & Provisions of the Purchase of Materials and Services from STA (“StandardProvisions”). In these Standard Provisions, “materials” and/or “services” refer(s) to the materials and/or services described on any written proposal, agreement, purchase order, or contract presented to and/or entered into with STA (“Contract”). “Agreement” refers to each agreement or contractual relationship formed with STA pursuant to any Contract.

1. Agreement. This Standard Provisions shall apply to all purchases of materials and/or services. STA’s acceptance of any Agreement is limited to the acceptance of the express terms contained in this Standard Provisions by each purchaser of materials and/or services (“Purchaser”). If a conflict exists between these Standard Provisions and any provision of any Agreement, then this Standard Provisions shall control. Any written or electronic offer and/or document of Purchaser which contains conflicting terms or provisions with this Standard Provisions is hereby not accepted and is rejected by STA. This Standard Provisions shall supersede all conflicting oral, written, and/or electronic terms, representations, agreements, and other communications between STA and any Purchaser, and these Standard Provisions may be only amended by a writing signed by a duly authorized officer of STA. This Standard Provision applies to the exclusion of any conflicting terms contained in any oral or written: (I) proposal, (II) electronic or paper contract, (III) acknowledgment, and/or (IV) writing by either STA and/or any Purchaser. Each Purchaser’s acceptance (I) of an Agreement, and/or (II) of any materials and/or services, whichever occurs first, shall constitute and be deemed Purchaser’s acceptance of these Standard Provisions.

2. Cancellation. A Purchaser may cancel the Agreement at any time before midnight on the earlier of the fifth business day after such Purchaser has received written notification from such purchaser’s insurer that all or any part of a claim or the Agreement is not a covered loss under the insurance policy or the thirtieth business day after such Purchaser’s insurer has received properly executed proof(s) of loss from such Purchaser. See the attached notice of cancellation form (Exhibit A)which includes an explanation of this right.

3. Know Your Rights. PLEASE CAREFULLY READ THE “HOME REPAIR: KNOW YOUR CONSUMER RIGHTS” PAMPHLET ATTACHED AS EXHIBIT B TO THIS STANDARD PROVISION. PLEASE COMPLETE, SIGN & DATE THE “CONSUMER RIGHTS ACKNOWLEDGEMENT FORM.”

4. What Constitutes Completion. All materials and services described in the Agreement(“Work”) shall be considered completed upon: (I) approval by the Purchaser, so long as such purchaser’s approval is not withheld unreasonably; or (II) the substantial performance of the Work in a workmanlike manner. Except for the “retainage amount” of 10% of any remaining payments due under the Agreement, substantial performance of the Work in a workmanlike manner shall be considered sufficient grounds for STA to require immediate final payment by Purchaser to STA.

5. Indemnity. Purchaser shall indemnify and hold STA and its directors, officers, agents, and employees (collectively and individually “STA’s representatives”) harmless (and defend STA and STA’s representatives, if STA requests) as to any claims, liabilities, losses, damages, and expenses (including, without limitation, attorney’s fees and other legal expenses) brought against or incurred by STA or STA’s representatives because of or due to the negligent, reckless, willful, or intentional act(s) or omission(s) of the purchaser.

6. STA Approval of Agreement. Each Agreement is subject to and conditioned upon the approval of STA’s credit department or president.

7. Late Payment, etc. If Purchaser fails to comply with the payment terms under the agreement, in addition to any other and further relief available to STA, such Purchaser shall pay toSTA: (I) late charges from the date of such failure at a rate of .75% per month (9% per annum) (or if Purchaser or Purchaser’s spouse is a service member who has entered military service as defined by 815ILCS 205/4.05) then the rate shall be .5% per month (6% per annum)); and (II) if collection proceedings are instituted against Purchaser by STA, all of STA’s reasonable attorney’s fees and costs.

8. Insurance Coverage. When Purchaser’s insurance is covering any portion of the costs of the work, such Purchaser shall provide to STA the exclusive right to perform all of the Work. Such Purchaser shall authorize such insurance company to pay to STA an amount(s) equal to Purchaser’s deductible plus all insurance payments.

9. Purchaser’s Obligation to Clear Workplace. Purchaser shall remove Purchaser’s personal property from the subject workplace prior to the commencement of the Work. If Purchaser does not so remove such personal property, STA shall not be responsible for damages to Purchaser’s personal property which was not so removed from the workplace. Such personal property includes, but is not limited to, interior wall hangings and items on shelves or in cabinets, yard lights, patio furniture, etc. If Purchaser does not remove such personal property, STA does not consent to the creation of a bailment relationship and STA’s commencement or performance of the Work shall not be construed as creating any form of bailment agreement and/or relationship.

10. Replacements. Unless otherwise specifically provided in the Agreement, STA shall not be responsible for replacing any wood, roof accessories, skylights, and/or lightning protection. Any wood, roof accessories, skylights, and/or lightning protection that are not replaced by STA are not covered by STA’s workmanship warranty. STA is not responsible for damage that occurs to Purchaser’s personal property, solar panels, and/or satellite dishes. Purchaser is solely responsible for taking whatever action is necessary or appropriate to protect Purchaser’s personal property, solar panels, and/or satellite dishes.

11. Force Majeure. In the event that STA is prevented from performing any obligation under the Agreement as a result of: (I) any war, civil disturbance or riot, or any governmental action as a result thereof; (II) any natural disaster or act of God; (III) any act of terrorism; or (IV) inability to obtain materials or supplies as a result of general economic conditions and/or governmental action, then STA shall provide written notice to Purchaser, and thereafter, STA shall be excused from performing such obligation for so long as such condition reasonably exists.

12. STA is not responsible for any construction problems which are not due to the fault of. Upon discovery of such problem, STA will cooperate with Purchaser to make repairs on a time and material basis pursuant to a Change Order (described below).

13. Adjustments and Change Orders. STA and Purchaser each recognize that:

a. STA’s original cost and time estimates may prove too low due to unforeseen events or factors unknown to the STA when the Agreement was executed;

b. Purchaser may desire a mid-job change in the specifications that would add time, expenses, and costs to the Work possibly inconvenience STA; or

c. Other provisions of the Agreement may be difficult to carry out because of unforeseen events, such as a materials shortage or a labor strike.

If the above or other events occur that are beyond the control of either STA or Purchaser and which events reasonably require adjustments to the Agreement (“Adjustments”), STA and Purchaser shall make a good faith attempt to agree on all necessary Adjustments. Adjustments shall be detailed in a Change Order (described below).

The work may be modified by STA and Purchaser from time to time, without amendment to the agreement, but by a written change order signed by STA and Purchaser (“Change Order”). Each Change Order shall set forth the respective modifications in the work. The payment terms of the agreement shall not be adjusted for changes in the Work, except as provided in the signed Change Order specifying a change in the Agreement’s payment terms and executed by Purchaser and STA. The Change Order shall become part of the Agreement.

14. Mold, etc. Purchaser acknowledges that there is a probability of mold damage to the structure associated with or from leakage around windows, flashing, and/or siding. STA does not promise, warrant, or otherwise guarantee the complete removal and/or remediation of any mold. STA shall not be liable for any damage, including, but not limited to, sickness or bodily injury, caused by the disturbance, discharge, dispersal, release, or escape of such mold during the performance of the work.

15. STA shall not be responsible for any repairs to exhaust pipes or vents related to the heating, ventilation, and/or air conditioning (HVAC) systems. STA is not liable for any damages or injury resulting from the emission of noxious or toxic gases at Purchaser’s premises. STA does not warrant and is not responsible for ice damming, existing skylights, TV/Internet, or any other roof accessories not replaced by STA.

16.Materials Warranty. Except as otherwise specifically provided, all materials supplied by STA shall be new, in compliance with all applicable laws and codes, and the materials shall be covered solely by the applicable, if any, manufacturer’s warranty. Such a warranty may explain what each manufacturer considers a “defect” and what is covered under such a warranty. STA does not and will not provide a materials warranty to Purchaser. STA does not make any warranty on any materials.

17. Limited Workmanship Warranty. STA shall complete the services portion of the work in a workmanlike manner according to standard practices prevalent in STA’s trade. STA warrants that: (I)the services portion of the Work will comply with all applicable building codes and regulations; and (II)except as otherwise provided below, the services portion of the Work shall be free from defects and warranted for ten (10) years from the date of completion.

EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED IN THIS AGREEMENT, THERE ARE NO EXPRESS WARRANTIES BY STA. NO WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR PARTICULAR PURPOSES OR WARRANTIES OF MERCHANTABILITY, SHALL BE IMPLIED AND ARE EXPRESSLY DISCLAIMED. STA SHALL NOT BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR INDIRECT LOSSES OR DAMAGES ARISING FROM STA’S WORK UNDER THE AGREEMENT, INCLUDING ECONOMIC LOSS OR PERSONAL INJURY SUFFERED BY THE PURCHASER. PURCHASER’S EXCLUSIVE REMEDY FOR ANY AND ALL LOSSES OR DAMAGES RESULTING FROM STA’S SERVICES UNDER THE AGREEMENT, INCLUDING WITHOUT ANY LIMITATION ANY CLAIM OF BREACH OF WARRANTY, BREACH OF AGREEMENT, NEGLIGENCE, OR STRICT LIABILITY, SHALL BE LIMITED, AT STA’S SOLE OPTION, TO EITHER: (I) RETURN OF THE AGREEMENT PRICE; OR (II) THE REPAIR OR REPLACEMENT OF THE DEFECTIVE WORK.

18. If any provision of this Standard Provisions or Agreement is held to be invalid or unenforceable, the validity and enforceability of the remaining provisions shall not be affected.

19. This Standard Provisions and its exhibit together with the Agreement and its Exhibits constitute the entire understanding between the Purchaser and STA with respect to the subject matter hereof and supersede all prior negotiations, representations, agreements, and/or writings between the purchaser and STA. Unless otherwise specifically provided, no modifications to the Agreement and this Standard Provisions shall be binding on either Purchaser or STA unless made in writing and signed by duly authorized representatives of the Purchaser and STA.

20. This Standard Provisions and the Agreement shall be governed by the laws of the State of Illinois, without regard for its choice of law provisions.