MAVEN CONTRACT TERMS & CONDITIONS

 

EXPLANATION OF TERMS & DEFINITIONS: 

The work to be performed pursuant to this Agreement shall be collectively called the “work” Any insurance estimates Maven prepares in connection with the Work shall be collectively called the “Estimates.” Customer’s property where the Work shall be performed shall be called the “Property.” Insurance proceeds & the Agreement Price for this project shall be defined as the full price for repairs allowed by Customer’s insurance carrier, including all supplements, & before any deductions for deductibles or depreciation. All excess materials shall remain Maven’s Property. Additional charges for use of credit cards will be charged at prevailing rate. Customer authorizes insurance proceed checks to be jointly in the name of Maven & Customer.

 

CHANGES TO THE WORK (CHANGE ORDERS): 

This Agreement constitutes the entire agreement between the parties. It may be changed only by written instrument signed by both parties. Any representation, statements, or other communications, not contained in this Agreement are agreed to be immaterial, not relied upon by either party, & shall not survive the execution of this Agreement.

 

PRE-LIEN NOTICE TO OWNER:

 General contractor PreLien notice to owner (A) any person or company supplying labor or materials for the improvement to your property may file a lien against your property if that person or company is not paid for the contributions. (b) Under law, you have the right to pay persons who supplied labor or materials for this improvement directly and deduct this amount from our contract price, or withhold the amounts due them from us until 120 days after completion of the improvement unless we give you a lien waiver signed by persons who supplied any labor or material for improvements & who gave

you timely notice.

 

LEGAL NOTICES:

Customer acknowledges reviewing incorporated legal notices: (if applicable)

CUSTOMER’S THREE DAY RIGHT TO TERMINATE. CUSTOMER IS ADVISED THAT FEDERAL AND STATE LAW ALLOWS CUSTOMER TO TERMINATE THIS AGREEMENT FOR ANY REASON WITHIN THREE (3) DAYS AFTER SIGNING IT. CUSTOMER ACKNOWLEDGES THAT THEY HAVE RECEIVED SUCH NOTICE PURSUANT TO THIS SECTION AND PURSUANT TO THE RIGHT OF RECESSION ATTACHED HERETO.

 

WARRANTIES:

Maven will provide the customer with a (2) year limited warranty covering material defects in workmanship. Any manufacturers warranties shall provide exclusive coverage for product defects, and Maven shall not be responsible for any product defects. This Agreement and Maven’s warranty may not be assigned or transferable. If the Work includes roofing and sheet metal, it is understood and agreed that only Maven’s standard roof warranty shall apply and that all terms and provisions therein shall prevail, unless otherwise specifically agreed to in writing prior to the commencement of the work All warranties are null & void if Maven is not paid in full in accordance with this Agreement. Maven specifically disclaims any and all warranties other than those in writing, including but not limited to expressed or implied warranties, and is not responsible for manufactures’ warranties.

 

CONCEALED CONDITIONS:

This agreement and the Price are based solely on the observations of Contractor at the time of entering into this Agreement. If additional concealed conditions are discovered once the Work has commenced, which condition is not Visible at the time of entering into this Agreement, Contractor will identify the unforeseen conditions, and the Customer and Contractor will execute a Change Order for any additional work (which must be approved by the insurance company). Customer agrees that if the insurance company does not agree to pay for unexpected or unanticipated extra costs, then Contractor may terminate this Agreement and Contractor shall be entitled to payment for all Work completed through the date of termination. Customer will be responsible for all additional costs and time for work due to concealed conditions. Such conditions may also extend the time fore completion of Contractors Work under this Agreement. If replacement of roof decking is required but not covered by Customer’s Insurance policy or the Agreement Price it shall be replaced and Customer agrees to pay Maven above and beyond the Agreement Price at $2.5 per square foot repaired for decking and $6.50 per linear foot repaired for plank decking.

 

NOTIFICATIONS:

 Maven will not be responsible for damage below the roof due to workmanship leaks if notification is not made in writing within 24hrs of first occurrence Maven will not pay for any repairs or remediation performed by the customer or any contractor not approved in advance

 

SUBCONTRACTORS:

 Maven reserves the right to use other contractors or subcontractors to perform the work Customer agrees not to directly hire any of Contractors Subcontractors.

 

GENERAL HOLD HARMLESS:

Customer agrees that for itself and on behalf of its agents, representatives and assigns, to hold harmless, release and discharge Maven, its owners, agents, employees, officers, directors, representatives, assigns, members, affiliated organizations, insurers and others acting on its behalf, of and from all claims, demands, causes of action and legal liability, whether the same be known or unknown, anticipated or unanticipated, due to Maven’s active or passive negligence. Customer further agrees that, except in the event of Maven’s gross negligence and willful and wanton misconduct, Customer shall not bring any claims, demands, legal actions and causes of action, against Maven for any economic and noneconomic losses due to damage to Customer’s property or for consequential damages. In any event, Customer agrees that its maximum recourse shall be, and Maven’s maximum liability shall be limited to, the amount Maven billed to Customer. Maven shall not be responsible for latent defects in materials and accessories supplied. Maven shall not be responsible for rework required as a result of the acts or errors of others. Customer further expressly agrees that this Agreement, including, in particular, the foregoing release and waiver of liability, is intended to be as broad and inclusive as permitted by the laws of the state where Customer’s Property is located, and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. The scope of all disclaimers or exculpatory language in this Agreement is limited to negligent acts, and does not purport to release Maven from damages, if any, caused by its intentional, willful or wanton acts.

 

CONSTRUCTION:

Customer understands that the installation of the offered products requires hammering on the property and as such, Maven is not responsible for movement of interior Sheetrock or Sheetrock nails, plaster, or any other inside material. Customer also agrees to remove/move items that might fall from the interior walls or be damaged. Maven will be held harmless for alleged or actual damages & claims as a result of mold, algae, fungus, driveway cracks, sidewalk cracks and interior drywall cracks or nail pops. Care will be taken in the movement of satellite dish, data dish, cable TV or telephone wiring, but Maven, does not guarantee proper alignment or operation after movement. Any damage to electrical wiring is also excluded. Maven shall not be liable for any loss of profits, business, goodwill, data interruption of business, nor for incidental or consequential merchantability or fitness of purpose. Maven will not be responsible for damage below the roof due to workmanship leaks if notification is not made in writing within 24hrs of first occurrence Maven will not pay for any repairs or remediation performed by you or any contractor not approved in advance by the president of Maven. Maven may order excess materials to complete the job & may not be charged above the Agreement Price.

 

LIQUIDATION DAMAGES:

Contractor shall incur substantial time and resources toward the completion of the work authorized herein, which may or may not involve physical work at Customer‘s property. If Customer does not allow Maven to perform the Work or has a person or entity other than Maven perform the Work, Maven shall be entitled to liquidated damages equal to 10% of the total amount of the most recent Estimate, including all supplements, plus costs incurred by Maven in preparation of the Estimate, any supplements, and the Work. These liquidated damages are not a penalty, but are instead agreed to be payment to Maven for its time and efforts in preparing Estimates and meeting with Customer’s insurance company and/or insurance adjuster(s). If materials must be reordered or restocked because of Customer’s breach of this Agreement, in addition to any and all other damages to which Maven is entitled, Customer shall be liable for restocking fees equal to fifteen percent (15%) of the price of the applicable & be liable for & agrees to pay Maven for the entire cost of any materials that cannot be returned or restocked.

 

PAYMENT UPON COMPLETION AND RETAINAGE RIGHTS:

Customer shall pay any outstanding amounts withheld from the Price in accordance with the Contract upon notice by Contractor that the work is complete. Should the Customer believe that the Work is not complete, Customer shall communicate and document Via email or text within 24hrs of receiving notice from Contractor that the work is complete. Customer shall retain no more than 5% of the Price & must provide Contractor with availability for inspection & walk-through within (3) days of notice of noncompliance.

 

PUNCH LIST ITEMS:

 Contractor shall communicate to Customer if Work is complete but for certain minor items that Contractor is addressing with the due diligence (”Punch List Items”). Contractor shall provide a list and expected completion date for any punch list items if such work shall require more than (7) days to complete. Upon contractors communication to Customer that work is complete except for identified punch list items, Customer shall pay Contractor all but 5% of the Price from Contractor Pending the completion of the identified punch list items. Remaining 5% owed shall be paid within 24hrs of notice that punch list items are complete.

 

REMEDIES:

In the event of Customers default of this Agreement, interest will accrue on unpaid amounts of 20% per annum on all balances 30 days or more past due, including upon all agreed-upon damages specified herein. In the event that Contractor incurs costs or attorneys‘ fees to enforce this Agreements terms, such amounts will be in addition to any amounts owed by Customer to Contractor. Customer specifically agrees to pay for all collection costs, including employee time and expenses and all attorneys’ fees and costs Maven incurs in with a collection of and/or protection of its interests in Customer’s past-due account or performance of this Agreement.

 

MISCELLANEOUS:

The signer of this contract certifies that they are the authorized legal signatory and personally guarantees to pay this contract and hereby agrees to pay any and all costs, including but not limited to attorneys fees and court costs and any fees associated with collection efforts related to amounts due under this agreement and to pay the maximum interest allowed by law on outstanding amounts 30 days past due. If any provision of this agreement should be held invalid or unenforceable, the validity and enforceability of remaining provisions of this agreement shall not be affected hereby. Customer agrees to allow Maven to post advertisement on the property from contract date to (30) days beyond project completion date. Maven retains the right to cancel this Agreement & return money to customer before commencing work. Payments due to Maven shall not be contingent upon city inspections and/or repair or punch list issues. Customer agrees to allow Maven to execute unencumbered marketing efforts and will agree not to defame Maven in any such manner.

 

BY SIGNING THIS AGREEMENT YOU AGREE TO THE FOLLOWING TERMS & CONDITIONS:

1. Customers out of pocket expenses will be their deductible plus any upgrades requested.

2. Customers deductible will be made payable to Maven immediately upon adjuster’s approval of the claim.

3. Contractor does not charge upfront fees for insurance inspection documentation services. (see contract for details below)

4. Contractor is authorized to communicate with my insurance carrier & provide Contractor claim documents.

5. Customer agrees to provide: loss statements, agreements, checks, mortgagee info, adjuster info or communications.

6. Withholding claim information or assistance will result in Maven pursuing liquidated damages per the terms of this contract.

7. Contractor will complete work per detailed line item listed on insurance paperwork except for “work not doing” section.

8. Customer is contractually obligated to use Contractor for approved work if accepted by Contractor.

9. This agreement will remain in place for up to 24 months from the claim loss date.

10. Customer will be charged a cancellation fee IF Customer elects to cancel this services agreement within the contract period.

11. Customer will forfeight all upgrades or discounts on-time payments are not made per this service agreement.

 

 

INSURANCE CONTRACT ADDITIONAL TERMS AND CONDITIONS

DEDUCTIBLE LAWS DISCLOSURE

CUSTOMER IS ADVISED THAT FEDERAL AND STATE LAW ALLOWS CUSTOMER TO TERMINATE THIS AGREEMENT FOR ANY REASON WITHIN THREE (3) DAYS AFTER SIGNING IT. CUSTOMER ACKNOWLEDGES THAT THEY HAVE RECEIVED SUCH NOTICE PURSUANT TO THIS SECTION AND PURSUANT TO THE RIGHT OF RESCISSION ATTACHED HERETO.

State law requires a person insured under a property insurance policy to pay any deductible applicable to a claim made under the policy. It is a violation of state law for a seller of goods or services who reasonably expects to be paid wholly or partly from the proceeds of a property insurance claim to knowingly allow the insured person to fail to pay, or assist the insured person’s failure to pay, the applicable insurance deductible.

Contractor & the Customer may both be in violation of State law if the Customer submits Contractor quotes to Insurance Carrier seeking full payment of a quoted amount, knowing that the actual cost to the Customer will be less than the Contractor’s quotes.  Pursuant to law, a person commits insurance fraud by filing (or aiding in the filing of) false or fraudulent statement or representation of any material fact or thing in the filing of a claim.

Contractor may not pay the insured any form of compensation (directly or indirectly) or give any allowance or discount against fees to be charged in an insurance claim. Contractor may offer discounts via upgrades to services ONLY. 

INSURANCE PAYMENT SCHEDULE
First Payment (Due Upon Adjuster Approval) Deductible
Second Payment (Due Before Work Commences) ACV-Less deductible
Third Payment (Due within 14 Days of Completion) Depreciation
Fourth Payment (Due within 14 Days of Completion All Change Orders
Fifth Payment (Due within 14 Days of Completion) All Unpaid Balances
Removed Discounts Payment, if Late (Due Immediately) Discount Amount

 

  

CONTRACTOR SERVICES
Documenting Property Damage Material & Work Order Takeoff Tarping Services
Meeting Adjusters as Required Drafting Estimates Submitting Estimates
Substantiating Estimates Discussing Scope of Work Supplying Measurements

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us: