Dream Team – Terms and Conditions
Dream Team (“Contractor”) agrees to perform the work requested by you (“you” or “Customer”) only on the following terms and
conditions, which will apply to all work set forth in this agreement (the “Initial Work”) and all Additional Work (as defined below) (collectively,
the “Work”). Until signed by both you and Contractor, this agreement is only a proposal and your acceptance is subject to Contractor’s approval
in order to make this agreement binding. Proposals are withdrawn if not accepted within 30 days. DO NOT SIGN THIS AGREEMENT UNTIL
YOU READ IT.
1. Initial Work; Change Orders. The Initial Work contracted for is set forth on in this agreement. If after you agree to this work, you desire any
changes to the Work or additional work (collectively, “Additional Work”), you must contact Contractor, who will prepare a revision to this
agreement. All revisions to this agreement, including the addition of Additional Work and the cost of such Additional Work, must be in writing
and signed by Contractor. Contractor’s on-site employees are not authorized to sign revisions on behalf of Contractor and are instructed not to
undertake any Additional Work without proper authorization. Customer will not engage or attempt to engage any employee of Contractor to
provide goods or perform services outside the scope of this agreement and/or his or her employment.
2. Time for Performance. Contractor and Customer will mutually agree on the start date of the Work. Contractor will use commercially reasonable
efforts to begin the Work on or about the agreed start date and make reasonable efforts to complete the Work within any time frame agreed upon
by Contractor and Customer; however, Contractor makes no promise or representation as to when the Work will be completed. Additional Work
may require additional time to complete. Contractor will not be liable for any delay in performing the Work where such delay is caused by God,
acts of Customer, delay or inability to obtain labor or materials, unanticipated or unexpected complications and/or conditions beyond Contractor’s
control. If Work is disrupted for a substantial period of time for reasons beyond Contractor’s control, Contractor may charge Customer additional
amounts for break down and set up of equipment. Customer will make the Work area available to Contractor at all times, free from other trades.
All starting dates are subject to change by contractor.
3. Pricing and Contractor’s Performance. The prices set forth on the front of this Agreement include the materials and labor reasonably estimated
to complete the specified Work. In its sole discretion, Contractor shall have the right to substitute materials of like quality based upon availability,
cost and/or Contractor preferences.
4. Payment Terms; Approval. Payment is due pursuant to the terms of the proposal given by Contractor to Customer for the Work. Customer agrees
to pay Contractor interest at the rate of 1.5% per month (18% per year) on any balance unpaid 10 days after due date. If minor items are incomplete,
the agreed cost of those items may be withheld from payment until such items are complete. Contractor may stop the Work if any payment is not
made when due. Contractor reserves the right to cancel all or any part of this agreement due to Customer’s unacceptable payment performance.
State law provides that under certain circumstances, Contractor may place a lien on your real property if you fail to pay for goods delivered to or
services performed on your real property. Presentation of an invoice or verbal notice is notice to the Customer that the Contractor considers the
Work complete (“Notice of Completion”). Upon receipt of Notice of Completion, Customer will inspect and approve or disapprove the Work
within the parameters for the Work as set forth in this Agreement. If Customer does not notify Contractor in writing that any Work is unsatisfactory
or incomplete within five days after receipt of Notice of Completion, the Work will be deemed complete and accepted by Customer.
5. Limited Warranty. Contractor will perform all Work in a workmanlike manner. All workmanship is guaranteed for a period of one year.
EXCEPT AS SET FORTH IN THIS PARAGRAPH, CONTRACTOR DOES NOT MAKE ANY, AND HEREBY EXPRESSLY DISCLAIMS
ANY AND ALL, WARRANTIES. EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, IN CONNECTION WITH THE WORK PERFORMED
HEREUNDER AND/OR ANY MATERIALS SUPPLIED BY CONTRACTOR IN CONNECTION THEREWITH.
6. Limitation of Liability. Contractor shall not be liable to Customer or any third party for any claims. losses, costs, penalties or damages of
whatsoever kind or nature (“Damages”) arising out of or in connection with, or incident to, the Work, except Damages resulting directly from the
gross negligence of Contractor or its employees in performing the Work, and not in the hiring of such employees, or in any frolic or detour by
Contractor and/or its employees from such Work. In no event will Contractor be liable to Customer or any third party for Damages in excess of
the amount paid by Customer to Contractor for the Work and, said payment shall be the maximum liquidated damages recoverable from Contractor
under any circumstances and Contractor shall have no further liability whatsoever. CONTRACTOR WILL NOT BE LIABLE FOR INCIDENTAL,
INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE
PERFORMANCE OF THE WORK UNDER THIS AGREEMENT, EVEN IF CONTRACTOR HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
7. Environmental Hazards. Contractor is not engaged or skilled in the identification, abatement, encapsulation or removal of asbestos, lead paint
or other environmental hazard. If discovered during the course of the Work, Contractor reserves the right to rescind this agreement and receive
full payment for materials delivered and/or installed and for all Work performed, or, at its option, to suspend performance hereunder for the period
during which the Customer engages a firm specializing in the abatement of the hazard. Contractor will be entitled to all extra expenses incurred
as a result of the presence of such material at the work site. Customer agrees to indemnify, defend, hold harmless and release the Contractor from
and against any and all liability, damages, losses, claims, demands, or lawsuits arising out of or relating to the presence or removal of the hazard.
8. Miscellaneous. This agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania. Any
action, claim or suit between the parties must be brought in the state courts located in Delaware County, Pennsylvania and the parties hereby
consent to the personal jurisdiction of such court(s). If Contractor is the substantially prevailing party in any litigation, Contractor shall be entitled
to recover all costs, including but not limited to reasonable attorney fees. This agreement and the payment terms set forth in the proposal constitute
the entire agreement between Contractor and Customer with respect to the subject matter hereof, and may not be modified or altered except by
further written agreement signed by both parties. Any clause in this work order which is deemed prohibited or unenforceable shall be enforced
to the fullest extent allowed by law, or if prohibited or unenforceable in its entirety, will be treated as having been severed. In either case, the
remaining provisions hereof will remain in full force and effect. Contractor will be permitted to display a sign on the Work site (or at some publicly
visible area near the Work site) unless otherwise notified before the signing of this agreement.
9 . Mutual Cancellation. The Customer and Contractor have the option of renegotiating or canceling this agreement for any reason for up to three
days after signing without a penalty, and any deposit paid will be returned immediately. If the contract is breached thereafter, liquidated damages
of 20% of the price of the project, and proportionate share of all Work already performed, will be due to Contractor.