
Handyman Services Terms & Conditions
The following Terms and Conditions (collectively, this “Agreement”) is a legal agreement between You ("Customer") and Modifications Home Improvement, LLC. (Modifications Home Improvement, LLC. is herein referred to as “MHI”, “Our”, “Us” or “We”) an LLC in the State of New Jersey, that governs the use of MHI websites, and handyman services (collectively called the “Service”).
PLEASE READ THE TERMS & CONDITIONS CAREFULLY. BY CONTRACTING FOR ANY SERVICES MHI PROVIDES CUSTOMER ACKNOWLEDGES THAT CUSTOMER HAS READ AND AGREE TO BE BOUND BY THESE TERMS & CONDITIONS. IF CUSTOMER DOES NOT AGREE WITH ANY OF THESE TERMS, CUSTOMER IS PROHIBITED FROM CONTRACTING FOR ANY SERVICE PROVIDED BY MHI.
MHI reserves the right to modify the terms and conditions by updating this posting at any time.. Customers are advised to visit this page periodically to review the terms as they are binding. It is also Customers responsibility to provide the appropriate resources to gain access to our website. Certain provisions may be superseded by expressly designated legal notices of the terms located on particular pages at this site.. By using our Service after the Terms & Conditions have been updated Customer consent to any and all changes.
1.Scope of work (a) MHI shall furnish all of the necessary materials, tools, machinery, supervision, relocation and, site security and perform all of the work described in the specifications, all in accordance with the terms of this Agreement (unless otherwise noted). The Work shall be performed on that certain property on the address listed on the invoice. MHI agrees that it will perform the services and provide the materials for which it is responsible, will accomplish this Work in the manner and in the time stated herein and in accordance with the specifications and will provide the deliverable items as required. (b)The color, texture and planes between existing and new materials might not match exactly. MHI will use due diligence to create the best match possible. Owner acknowledges that patched surfaces may be detectable when construction is complete
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2.MHI Insurance Warranty. MHI warrants and represents that adequate Liability coverage has been secured as required by the State of New Jersey for the work to be performed under this contract and proof of same shall be forwarded to Customer upon request prior to commencement of work. Customer acknowledges that MHI had shown current certificates as part of consultation.
3.Taxes - Except as provided otherwise in this contract, Owner shall pay all federal, state, county, and municipal sales, use, consumer, gross receipts, and excise taxes which are levied or become payable as a result of completing the Work. Owner will pay all tax on materials furnished by Owner and all property taxes received on the land and/or property.
4.Right to Advertise-Customer grants MHI the right, at no cost to the Customer, to (a) use photographs or video images of Customer’s home for promotional purposes. (b) place a company sign or banner on the site while the job is being performed, and (c) to refer to completed job in MHI literature. Customer releases MHI from any and all claims regarding this advertising.
5.INDEMNIFICATION. YOU AGREE TO INDEMNIFY MODIFICATIONS HOME IMPROVEMENT, LLC AND ITS SUBSIDIARIES, PARENT COMPANIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS, AND OTHER PARTNERS AND HOLD THEM EACH HARMLESS FROM ANY AND ALL CLAIMS OR DEMANDS, INCLUDING ATTORNEY’S FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING FROM YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY.
6.Change Orders: MHI will perform only those services approved in writing by the Homeowner. If the Homeowner shall, at any time, require services not listed in the scope of work attached to this MHI services contract, a written change order shall be created and signed by both parties prior to the performance of such work.
7.Rate Minimum: For services at the MHI hourly rate, a minimum of two hours is required. All work after two hours will be subject the applicable hourly rate.
8.Job Change Price Increase. Any works not included in the above specifications shall be deemed to be VARIATIONS TO THIS CONTRACT and additional charges may apply. Any changes in project specifications caused by Customer change order or conditions beyond MHI’s control and/or knowledge at the time this Contract is executed, shall entitle MHI to make supplemental charges to the Customer to cover the additional cost for items such as, including but not limited to: Materials, labor and fees.
9.Customer Responsibility. Customer shall be responsible for: (a) Customer must be the legal owner of the property or (b) Has the legal authority to authorize the services at the Customers address listed on the contract, invoice and/or work order in accordance with the detailed specifications. (c) Providing MHI with full access to the site; (d) Customer agrees to maintain adequate property insurance to protect against loss or damage due to theft, fire, vandalism, etc (e) Preparation, moving personal properties (unless stated otherwise in Contract). It is understood the Customer shall (i) be responsible for any damages and cost to MHI, including increased materials and labor cost. (f) Unless specific specifications have been provided by Customer to MHI in writing, and made part of this Contract, MHI will use its own discretion in the manner to which job will be performed.
10.Permits, Licensing, & Approvals Customer is responsible for procuring any permits or approvals required for the completion of the projects listed in the scope of work. This includes any zoning changes or changes to applicable covenants or local building guidelines. MHI shall be responsible for any professional licensing required for the execution of the work outlined in the scope of work.
11.Site Conditions. The scope of work and pricing for this contract are based on conversations and any walk through completed by MHI and Customer. MHI has taken reasonable measures to ensure that the scope of work and pricing represent the entire project requirements, but cannot guarantee a final price due to the possibility of unforeseen complication. In the event that unforeseen complications, including (but not limited to) mold, termites, structural damage, or building code violations are discovered after the project begins, MHI will cease work on the project and draft a change order listing any additionally required materials or labor. Customer agrees that any unforeseen complications may increase the final price of the project.
12.No-Set-Offs or Retention. The Customer shall pay all amounts due under this Contract in accordance with the terms without any right of set-off or retention. If after making full payment, the Customer alleges that the work is defective in any respect, MHI, without waiving any of its rights, shall cause an inspection of the premises and perform any remedial work to the extent the Customer is entitle thereto under this Agreement or MHI’s guaranty at no cost to the Custom
13. Cancelation Policy. There is no charge is you cancel your service more than 48 hours in advance. If you cancel with less than 48 hours’ notice, there is a $75.00 fee. If you cancel same day or after we have traveled to your home, then you will be charged a fee of 50% of your total invoice not to exceed $100.00.
14.MHI Remedies. It is agreed that in the event Customer refuses to allow MHI to commence performance of the work hereunder, or to continue performance under this agreement, MHI as a measure of its minimum damages shall be entitled to receive from the Customer: (a) the profit MHI would have earned had MHI been permitted to complete the work hereunder: (b) the reasonable value of all labor and material actually supplies to Customer: (c) all expenses incurred by MHI, including, without limitation, reasonable attorney’s fees in connection with the enforcement of its rights under this contract;(d) a late fee of 1½% per month on all amounts due and owing from the Customer to MHI accruing from the date due and running from the date the payment is made.
15.Payments. Customer agrees to make payments via cash, check, or credit card at time of service unless specified otherwise in the contract. All checks shall be made out to “Modifications Home Improvement, LLC”. There is a $100.00 fee for all returned checks. There is a 3% fee for all credit card payments. MHI will place a lien on the Homeowner’s property upon commencement of this project, and will fully release the lien upon receipt of final payment from the Customer.
16.Final Inspection: Prior to making final payment, Customer will have the opportunity to review all completed work with MHI. Homeowner will have the opportunity to identify any incomplete or unsatisfactory work, within reason, and is authorized to withhold final payment until such issues are addressed by MHI.
17.Final Payment-The Customer shall not be entitled to withhold any payment by reason of any alleged minor defect. MHI will investigate any such alleged defect after payment in full of the balance payable on completion. When payment is not made on any due date in accordance with this condition MHI shall have the right to require payment of interest on the outstanding amount at the rate of 1½ % per month from the due date until the date of the actual payment.
18. Limited Warranty. - For one (1) year from the date of the Customer Work Agreement & Job Invoice, MHI will repair, free of charge, defects in workmanship for work performed under the Work Agreement and Job Invoice. This warranty becomes effective when payment in full has been received by and credited to MHI. Warranty repairs do not extend the original warranty period. This warranty does not apply to materials warranted by the manufacturer or supplied by the customer or other third party. This warranty is void if the customer or any third party in any way modifies the work performed by MHI. Although MHI will provide our best effort for all work performed, MHI excludes from its warranty including but not limited to: Solid color exterior painting, roof repairs, and leaks. Material selections relative to color, type, texture and style are the sole responsibility of the customer.
FOR INFORMATION ABOUT CONTRACTORS AND THE CONTRACTORS’ REGISTRATION ACT, CONTACT THE NEW JERSEY DEPARTMENT OF LAW AND PUBLIC SAFETY, DIVISION OF CONSUMER AFFAIRS AT 1-888-656-6225
.Modifications Home Improvement, LLC Handyman. Terms & Conditions as of April 15, 2023