|340 Industrial Way, Suite T, Dixon, California 95620|
|(800) 614-7263||Fax: (707) 678-9973|
|www.newpane.com||CA License: 782072|
Home Improvement Contract
This AGREEMENT, signed on __________ is between Newpane.com ("Newpane") and
Name and Address of Owner
Newpane will furnish all labor, equipment, and material in a good, workmanlike manner according to industry standards. No other work is promised or implied. All material is guaranteed as specified in this contract. Owner is entitled to a completely filled in copy of this contract signed by both parties before work may be started.
Approximate Start and Completion Dates
Vinyl windows and doors normally are delivered to Newpane two (2) to three (3) weeks after the order has been placed with the manufacturer. Aluminum, fiberglass and wood windows and doors can take between four (4) and six (6) weeks. Installation normally commences within one to two (2) weeks of product delivery at a date suitable to both Owner and Newpane. Upon completion of the work, Newpane will remove debris, surplus material, and old windows and doors from Owner's property and leave it in a neat and broom-clean condition.
Newpane is not responsible for the following:
- Removing or replacing window coverings
- Connection or reconnection of alarm systems
- Permits, if required, can be obtained by Newpane, but Owner agrees to pay permit fees, in addition to contract price
- Home Owner's Association approval
Owner is responsible for the following:
- Moving and replacing furniture
- Permit fee, if applicable, in addition to contract price
- Home Owner's Association approval – If approval is necessary, Owner agrees to excuse Newpane for any delay in installation pending Home Owner Association approval
However, in the event that Owner is unable to perform these tasks, Newpane may elect to do so. Please arrange with Newpane prior to installation if you need assistance.
The law requires that Newpane give you a notice explaining your right to cancel this transaction any time prior to midnight on the third (3rd) business day after this contract was executed. Initial the checkbox if the contractor has given you a "Notice of the Three-Day Right to Cancel."
Extra Work and Change Orders
Any changes, alterations or deviations to this contract must be made in writing. In the event of such changes, a written change order must be executed. Extra work and Change Orders become part of the contract once the order is prepared in writing and signed by the parties prior to the commencement of any work covered by the new Change Order. The order must describe the scope of the extra work or change, the cost to be added or subtracted from the contract, and the effect the order will have on the schedule of progress payments.
Newpane is excused for any delay in completion of the contract caused by acts of God, acts of the Owner or the Owner's agent, inclement weather, wet or muddy grounds, labor trouble such as strikes, accidents or delays beyond Newpane's control, acts of public utilities, public bodies, or inspectors, extra work, failure of the Owner to make initial payment promptly, or other contingencies unforeseen by Newpane and beyond the reasonable control of Newpane.
Insurance and Licensing
Owner agrees to carry fire, and other necessary insurance to cover any unintentional damage caused by Newpane to walls, doors, floors, furniture and personal items.
Newpane agrees to carry all other necessary insurance and licenses as required by law. Newpane will maintain in full force and effect workers' compensation insurance and commercial general liability insurance and will furnish certificates of insurance to Owner. A notice concerning commercial general liability and workers compensation insurance is attached to this contract. Contractors are required by law to be licensed and regulated by the Contractor's State License Board. Any questions concerning a contractor may be referred to the Contractors State License Board, 9821 Business Park Drive, Sacramento, CA 95827, Phone (800) 321-CSLB, www.cslb.ca.gov.
In the event Newpane deems it necessary to file a mechanics lien or to file suit to collect any money due under this contract, not resulting from a legal dispute as to Newpane's performance of this contract, Owner agrees to pay all Newpane's costs of collection and legal fees including reasonable sums incurred by Newpane for attorney's fees. If the parties become involved in legal action resulting from a dispute as to Newpane's performance of this contract, the court shall award reasonable costs and expenses, including attorney's fees, to the prevailing party.
Prices listed are for supply of materials, installation, sales tax, removal and disposal of existing windows/doors and clean up.
|0% Down Payment|
|35% Upon completion of site inspection, verification of window/door order and after windows/doors are ordered from manufacturer|
|65% Upon completion of work|
The down payment may not exceed $1000 or 10% of the contract price, whichever is less
Schedule of Progress Payments
The schedule of progress payments must specifically describe each phase of work, including the type and amount of work or services scheduled to be supplied in each phase, along with the amount of each proposed progress payment. It is against the law for a contractor to collect payment for work not yet completed, or for materials not yet delivered. however, a contractor may require a downpayment.
Waiver of Claim of Known Defects
The Owner, by making final payment under this contract, waives any claim that it may have against the contractor for damages for defects that are known to the Owner or apparent upon reasonable inspection when final payment is made.
Alterations cannot be made to the products once the products are ordered from the manufacturer, so please verify the manufacturer, frame color, grids and specialty glass types, if applicable
Project Description and Materials to be Used and Installed
|Window Brand Name and Style:|
|Window Color and Grids:|
|Further description of Windows:|
|Door Brand Name and Style:|
|Door Color and Specifications:|
|Further description of Doors:|
|Description & Location||Width||Height||Price|
|1. Living room|
|2. Bed #1|
|3. Bed #2|
|4. Bed # 3|
|5. Bed # 4|
|6. Bed # 5|
By signing below, Newpane and Owner agree to all terms covered within this contract. Owner acknowledge that before entering this contract Owner has received a copy of the Notice of Three Day Right to Cancel, Mechanics Lien Warning and Information about the Contractors' State License Board. Owner understands that Owner has the right to require Newpane to have a performance and payment bond. Both Newpane and Owner have read and agreed to the provisions contained herein.
|Dated||Signature of Owner|
|For Newpane||Signature of Owner|
Notice of Three Day Right to Cancel
(Keep this form in case you choose to cancel)
You, the buyer have the right to cancel this contract within three business days. You may cancel by e-mailing, mailing, faxing, or delivering a written notice to the contractor at the contractor's place of business by midnight of the third business day after you received a signed and dated copy of the contract that includes this notice. Include your name, your address, and the date you received the signed copy of the contract and this notice.
If you cancel, the contractor must return to you anything you paid within 10 days of receiving the notice of cancellation. For your part, you must make available to the contractor at your residence, in substantially as good condition as you received it, any goods delivered to you under this contract or sale. Or, you may, if you wish, comply with the contractor's instructions on how to return the goods at the contractor's expense and risk.
If you do make the goods available to the contractor and the contractor does not pick them up within 20 days of the date of your notice of cancellation, you may retain or dispose of them without any further obligation. If you fail to make the goods available to the contractor, or if you agree to return the goods to the contractor and fail to do so, then you remain liable for performance of all obligations under the contract.
To cancel this transaction, mail or deliver a signed and dated copy of this cancellation notice, or any other written notice, or telegram to the following no later than midnight of the third business day after you received a signed and dated copy of the contract that includes this notice.
340 Industrial Way, Suite T
Dixon, CA 95620
I hereby cancel the home improvement contract between myself and Newpane, the contract being dated ____________.
|Buyer's Signature||Today's Date|
Contractor's State License (CSLB) Notice
Information about the Contractor's State License Board (CSLB): CSLB is the state consumer protection agency that licenses and regulates construction contractors.
Contact CSLB for information about the licensed contactor you are considering, including information about disclosable complaints.
Use only licensed contractors. If you file a complaint against a licensed contractor within the legal deadline (usually four years), CSLB has authority to investigate the complaint. If you use an unlicensed contractor, CSLB may not be able to help you resolve your complaint. Your only remedy may be in civil court, and you may be liable for damages arising out of any injuries to the unlicensed contractor or the unlicensed contractor's employees.
For more information:
Visit CSLB's Web site at www.cslb.ca.gov
Call CSLB at 800-321-CSLB (2752)
Write CSLB at P.O. Box 26000, Sacramento, CA 95826
Mechanics Lien Warning
Anyone who helps improve your property, but who is not paid, may record what is called a mechanics' lien on your property. A mechanics' lien is a claim, like a mortgage or home equity loan, made against your property and recorded with the county recorder.
Even if you pay your contractor in full, unpaid subcontractors, suppliers, and laborers who helped to improve your property may record mechanics' liens and sue you in court to foreclose the lien. If a court finds the lien is valid, you could be forced to pay twice or have a court officer sell your home to pay the lien. Liens can also affect your credit.
To preserve their right to record a lien, each subcontractor and material supplier must provide you with a document called a "20-day Preliminary Notice." This notice is not a lien. The purpose of the notice is to let you know that the person who sends you the notice has the right to record a lien on your property if he or she is not paid.
Be careful. The Preliminary Notice can be sent up to 20 days after the subcontractor starts work or the supplier provides material. This can be a big problem if you pay your contractor before you have received the Preliminary Notice.
You will not get Preliminary Notices from your prime contractor or from laborers who work on your project. The law assumes that you already know they are improving your property.
Protect yourself from liens. You can protect yourself from liens by getting a list from your contractor of all the subcontractors and material suppliers that work on your project. Find out from your contractor when these subcontractors started work and when these suppliers delivered goods and materials. Then wait 20 days, paying attention to the Preliminary Notices you receive.
Pay with joint checks. One way to protect yourself is to pay with a joint check. When your contractor tells you it is time to pay for the work of a subcontractor or supplier who has provided you with a Preliminary Notice, write a joint check payable to both the contractor and the subcontractor or material supplier.
For other ways to prevent leins, visit CSLB's Web site at www.clsb.ca.gov or call CSLB at 800-321-CSLB (2752).
Remember, if you do nothing, you risk having a lien placed on your home. This can mean that you may have to pay twice, or face the forced sale of your home to pay what you owe.