These Terms and Conditions shall apply to any and all agreements between JR General Contracting Services, LLC (“JRGCS”) and Customer, to any goods or fixtures procured by JRGCS for Customer, any goods or fixtures installed by JRGCS on Customer’s behalf, or any services provided to Customer by JRGCS.
1. RIGHT TO REPAIR\REMEDY. JRGCS shall strive to provide services to Customer in a professional and workmanlike manner. Customer shall provide JRGCS with written notice of defects in any goods installed or services performed, regardless of the cause or source, promptly upon Customer’s discovery of them. Customer shall also provide JRGCS with reasonable access during JRGCS regular working hours to permit investigation, testing, examination, and repair of defect claims.
2. CHANGES TO SCOPE OF WORK & PAYMENT. Customer shall be liable for all delays and costs stemming from: 1) any changes to the original scope of work which are requested\mandated by Customer or its agents; and 2) necessitated by any unforeseen circumstances not contemplated by JRGCS. Unless otherwise specified, payment of any amounts due to JRGCS are due and payable in cash, check or bank wire transfer (U.S. Dollars) on the date listed on Customer’s invoice. All amounts which are past due shall be subject to an interest charge of 1.5% per month (18% per annum) accruing from the date the payment was due. Invoices are payable at JR General Contracting Service, LLC, 3304 Topeka Ct. Plano, TX 75074.
3. SECURITY AGREEMENT. Customer hereby grants JRGCS a security interest in all goods and fixtures installed or procured by JRGCS to secure payment of all sums due to JRGCS from Customer. Furthermore, Customer agrees to execute any documents reasonably required by JRGCS for perfection of this security interest. Customer shall not sell, dispose of, attempt to convey, or remove the goods or fixtures from the county where originally delivered until all amounts due to JRGCS are paid in full.
4. LIEN NOTICE. Customer hereby acknowledges receipt of JRGCS Subcontractor Lien Notice. Customer agrees to serve two copies of the Subcontractor Lien Notice upon the owner (or agent thereof) at the build site. Customer agrees to indemnify JRGCS for any loss of JRGCS lien rights caused by a breach of this section.
5. ACCEPTABLE DELAYS. Any delay by JRGCS in performing its duties, which is caused by any of the following circumstances, shall not be considered a default or breach of these Terms and Conditions or JRGCS duties under any agreement between the Parties:
Acts or omissions of governmental authorities;
Inclement weather or other acts of God;
Unforeseen material or labor shortages not caused by the negligence of JRGCS;
Unforeseen material delivery delays not caused by the negligence of JRGCS;
Changes to the original scope of work requested by Customer;
6. DISPUTE RESOLUTION. Any dispute between the Parties, shall be resolved using the following procedure:
First Meeting. The Parties shall meet to discuss the dispute and attempt to resolve it in an amicable way;
Second Meeting. If the Parties cannot resolve the dispute during the first meeting, they shall meet again within two days to attempt to resolve the dispute again;
If the Parties cannot resolve the dispute after the Second Meeting, the Parties shall request mediation Service (from a qualified & mutually agreed-upon mediator). The mediation will be conducted by the Mediation Service according to its rules and procedures, to which the Parties hereby agree to abide. The Parties agree that if mediation is commenced, they will make good faith efforts to resolve their dispute, or as much of it as reasonably possible, through mediation.
Other Remedies. If the Parties cannot resolve the dispute after mediation, the Parties may seek other remedies as dictated by these Terms and Conditions or at law.
7. ***WARRANTY DISCLAIMER AND LIMITATIONS***. THE TERMS OF SECTION ONE NOTWITHSTANDING, THERE IS NO IMPLIED WARRANTY OF MERCHANTABILITY AND NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE ON ANY GOODS, FIXTURES, OR SERVICES PROVIDED BY JRGCS. FURTHERMORE, THERE IS NO OTHER EXPRESS OR IMPLIED WARRANTY, STATUTORY OR OTHERWISE, ON ANY GOODS, FIXTURES, OR SERVICES PROVIDED BY JRGCS EXCEPT AS EXPRESSLY SET FORTH HEREIN. ORAL STATEMENTS BY EMPLOYEES OF JRGCS DO NOT CONSTITUTE WARRANTIES. JRGCS SHALL NOT BE LIABLE FOR ANY GENERAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES INCLUDING WITHOUT LIMITATION DAMAGES FOR PERSONAL INJURY, LOSS OF USE, LOSS OF PROFITS, OR DAMAGE TO OTHER PROPERTY. FOR ANY BREACH OF WARRANTY OR FOR NEGLIGENCE OR OTHER FAULT, THE LIABILITY OF JRGCS AND CUSTOMER’S EXCLUSIVE REMEDY IS EXPRESSLY LIMITED TO REFUNDS OF THE SUMS PAID TO JRGCS, OR REPAIR OF THE ALLEGED DEFECTS, AT THE OPTION OF JRGCS.
8. GOVERNING LAW; JURISDICTION AND VENUE; ATTORNEY FEES. This contract shall be governed by the laws of the State of Texas. In the event of any legal action or arbitration between JRGCS and Customer, the prevailing party shall be entitled to recover its attorneys’ fees, costs and other expenses from the party who does not prevail.
9. INTEGRATION & LIMITATION OF OTHER TERMS. The Parties agree that these Terms and Conditions shall be fully integrated into any agreement between JRGCS and Customer. In the event of a conflict between the terms of any other agreement between JRGCS and Customer and these Terms and Conditions, these Terms and Conditions shall control. Furthermore, any terms or conditions contained on a purchase order or other writing by the Customer shall be binding upon JRGCS only insofar as they do not vary, modify, or add to these Terms and Conditions.