Terms & Conditions
1 SMART
BUILD, INC. TERMES AND CONDITIONS
- 1 Smart Build, Inc can edit or change the Terms and Conditions at any time.
- In the case of
emergency, please call 911 and update “1 Smart Build, Inc.” - Working hours are
Monday to Friday 9 a.m to 5 p.m – Pacific Standard time. - All work will be
done up to code & according to design plans. - The contractor
will do all city services. (Included permits and appointment, the customer
will pay all fees) - All pricing
includes construction materials, labor, and taxes. - Be advised days of
inspections are days off. - All city
inspections (appointments, Delays) will be deducted from the contractor’s
working days. - Inclement weather
will be deducted from the contractor’s working days. - Please be advised,
areas under construction are not inhabitable conditions! - FORCE MAJEURE If the performance of this Contract or any obligation under this Contract is
prevented, restricted, or interfered with by causes beyond either party’s
reasonable control (“Force Majeure”), and if the party unable to
carry out its obligations gives the other party prompt written notice of
such event, then the obligations of the party invoking this provision
shall be suspended to the extent necessary by such an event. The term Force
Majeure shall include, without limitation, acts of God, fire, explosion,
vandalism, storm, pandemic, or other similar occurrence, orders, or acts of
military or civil authority, or by national emergencies, insurrections,
riots, or wars, or strikes, lockouts, work stoppages, or other labor
disputes, or supplier failures. The excused party shall use reasonable
efforts under the circumstances to avoid or remove such causes of
non-performance and shall proceed to perform with reasonable dispatch
whenever such causes are removed or ceased. An act or omission shall be
deemed within the reasonable control of a party if committed, omitted, or
caused by such party, or its employees, officers, agents, or affiliates.
General
Notes
- 1 Smart Build,
Inc. will pull a permit under their license and the customer will
reimburse permit fees. - If allowed, the contractor will install their sign in front of the house for the duration
of the job. - If the City
requires plans or permit corrections, the client will pay $150 for each
extra visit to the city. - 1 Smart Build,
Inc. will provide portable toilet/s during job time if possible. - Workdays are
Monday-Friday, from 8 am-5 pm unless both sides agreed otherwise. - 1 Smart Build,
Inc. will leave a lockbox for the duration of the project and the client
will provide a key to allow the crew to work during work hours. - The customer will
provide all floor tiles, appliances, plumbing fixtures, and any light
fixtures other than recessed lights. - The customer will
make sure all finish materials are in-house prior to the start of the job.
Any missing items will cause a delay in the project. - The customer must
purchase plumbing fixtures that are complied with California codes. - Any special Tile
that requires special treatment (for example — Saltillo, Marble, glass,
will require additional work at extra cost. - In case the client
works and pays directly to vendors, 1 Smart Build, Inc. will do the
coordination but are not responsible for the vendor’s work. - Any special custom
tile design other than straight lines or brick patterns will require
additional work at extra cost. - In the case of
electrical dedicated lines are required for the existing electrical panel, an
additional charge of $325 per line will apply. - In the case of
Upgrading the Main Panel, if relocation of the panel is required, it will
be quoted separately. - Any special
outlets or switches, such as differences in color and style, are to be
provided by the customer. - Job doesn’t
include replacing or upgrading existing electrical panels. - In case of
requirements from the city for an update of smoke detector, shut off the gas
valve, etc. contractor will quote it when it comes. - Any city requirement
that was not agreed on in the agreement will be charged accordingly, including
any Electrical, Plumbing, Mechanical, or Building. - Any unforeseen
structural, A/C ducts, gas lines, plumbing, or electrical issues that will
need to be addressed after the opening walls, as well as lack of
insulation will be quoted separately and accordingly. - 1 Smart Build,
Inc. will use standard paint (Dun Edwards, Behr, or similar). Allowance up
to $45 per gallon. - Job does not
include outside stucco work unless specified in the contract. - Interior paint
will not include doors, casings, windows, shutters, or any other cabinets
in the house unless specifically mentioned in the above specification. - Bathroom
Remodeling — 1 Smart Build, Inc. will install pre-made assembled
vanities. If vanity comes unassembled, it will require additional work at
extra cost. - Installing a
The bathroom fan does not include running ducts to the exterior. - If the homeowner
purchases a tub that is heavier than 300 pounds, it will require
additional work at extra cost (carrying and floor reinforcement). - Kitchen Remodeling
— Some ceilings in the kitchen are not even or level and therefore upper
cabinets crown molding may have minor gaps. Leveling or redoing the
existing ceiling will require additional work at extra cost. - The customer
agrees not to talk directly to workers and only to the assigned project
coordinator for us to control the job and to give the best customer
service. - The customer
understands that our employees or subcontractors will not perform any side
jobs and all additional jobs need to be directed to the office. - If any lead,
asbestos and mold are found, they will be quoted separately by the
licensed company. - The customer
understands that the above specifications are the actual final agreement
between the customer and 1 Smart Build, Inc. for work to be done. No other
verbal promises by the representative are included in this contract. - 1 Smart Build,
Inc. will do its best to keep the job site clean and protected and will
cover the floors to avoid dirt and dust from spreading. 1 Smart Build,
Inc. will pick up the big debris at the end of the job, but the final cleaning
is to be done by the customer as 1 Smart Build, Inc. is not a cleaning
company. - Payments will be
collected on the first day of the job and then by every Stage payment, we
have accomplished based on the stage payment as agreed in the contract. - Payments will be
expected with Checks, same-day Wire transfers, Credit Card, or Cash only. - Any delay in
payment for an unjustified reason for the stage payments as agreed between
1 Smart Build, Inc. and Client will result in a $250 per week. - If for any
unrelated reason to this project scope of work as described in this
agreement, a city inspector refuses to sign off the final inspection, the
customer will release this payment with no delays. - 1 Smart Build,
Inc. is authorized to take pictures and video’s of the project at any time,
during and after work has been done.
Payment
Terms & Conditions
Payment Terms & Conditions,
constitute a contract between you and 1 Smart Build, Inc.
Please read them carefully. You
may either accept or decline the Terms as indicated at the bottom of this page,
but to make payment using the Services you must accept the Terms by default.
All payments of 1 Smart Build, Inc. invoices using the online payment
facilities are subject to the following conditions. 1 Smart Build accepts the
following payments:
Debit cards. (*NOT TO EXCEED
$5000.00)
Credit cards. (*NOT TO
EXCEED $5000.00, Limited to visa, Mastercard, AMEX)
Electronic bank transfers.
Personal
Check.
Zelle.
Wire transfer.
All and every transaction with
a credit/debit card will be charged an additional 5% fee for each transaction.
By
signing below, you approve that:
You are 18 years of age or
over. You have the appropriate authority to validly accept the Online Payment
Terms and can and will meet your obligations in relation to these Terms. The
credit card used in connection with the Services is issued in your name or you
are authorized to use the credit card. You will pay all with credit card issuer
all charges incurred in the use of the Services. The information supplied by
you is true and correct. When you complete this payment form, funds will be
deducted from your credit card / Bank Account in USD currency. All payments are
debited to 1 Smart Build Inc. Due to the way transactions are processed by the
external banking sites, there may be delays of 1-3 business days in updating
your payment in 1 Smart Build, Inc. records.
Credit card payments are
secure: Payments will be processed using Secure Socket Layer (SSL) technology.
Credit card numbers are
protected with a high level of encryption when transmitted over the Internet.
1 Smart Build, Inc. does not
store in any way your credit card details.
Confirmation:
If successful, you will receive
a confirmation notice of your completed payment. If unsuccessful, you will be
advised that your payment has failed. “1 Smart Build, Inc.” will not be advised
why a payment has failed; therefore, you should contact your credit card/bank
provider for details. If your payment fails, please use one of the other
payment methods described on your invoice pay your invoice. Please arrange an
alternative payment method promptly to ensure continuous use of 1 Smart Build,
Inc. services and Internet resources.
1 Smart Build, Inc. will
confirm your payment details via email.
By paying to 1 Smart Build, Inc.
you accept and consent to your personal data being provided to the Service
Provider for the sole purpose. We respect the privacy of every individual. The
1 Smart Build, Inc. payment system has security measures in place to protect
the loss, misuse, and alteration of the information under our control.
1 Smart Build, Inc. Terms and
Conditions for online payments are subject to change at any time. Each
transaction shall be subject to the specific Terms and Conditions that were in
place at the time of the transaction.
If you have any questions or
concerns, please contact support by email at:
info@1smart.build or telephone
at:1-866-419-8840
Allowances for all types of work if not written
differently. If the materials that you are asking to receive are in your contract
and are more than this allowances list is showing, You, The Customer / Client
Most pay the additional amount over the allowance that is shown.
If you do not have your
required product or service in your contract, you must pay the additional
expenses Per your Project at the time of Delivery
EXAMPLE: Tile Allowance is
$3.00 Per SQFT, and you want a $15.00 Per SQFT Tile. You will be asked to pay
the additional $12.00 per SQFT for your Tile – $15.00-$3.00=$12.00 Additional
payment.
- Tile Materials Up
to $3.00 Per SQFT (provided by customer) - Grout for all
usage Up to $1.00 Per LB – $10.00 Per Container Unit (provided by
customer) - Carpet Materials
Up to $3.00 Per SQFT - Vinyl Flooring
Materials Up to $1.75 Per SQFT - Engineered wood Up
to $5.00 Per SQFT - Wood Flooring Up
to $5.50 Per SQFT - Baseboards up to
$1.50 Per LF - Crown molding Up
to $1.50 Per LF - Kitchen Cabinets
up to $150.00 Per LF - Kitchen Doorknobs
& Handles Up to $2.50 Per Unit (provided by customer) - Kitchen Appliances
installation Up to $150.00 Per Unit Installed (provided by customer) - Kitchen Sink Up to
$450.00 Per Unit (provided by customer) - Kitchen Faucet Up
to $450.00 Per Unit (provided by customer) - Countertops
Material Up to $10.00 Per SQFT - Countertops
Fabrication/Installation Up to $35.00 Per SQFT - Countertop Plywood
and Support Up to $5.00 Per SQFT - Backsplash Up to
$3.00 Per SQFT - Sink Garbage
disposal Up to $150.00 Per Unit (provided by customer) - Electrical Outlet
Up to $75.00 Per Unit - Electrical Switch
Up to $15.00 Per Unit - Electrical
Dedicated Line Starting from $850.00 Per Line - Electrical Sub
Panel Up to $1500.00 - Electrical Main
Panel Upgrade with no relocation Up to $1800.00 - Any Electrical
Panel relocation will be charged extra - Electric recessed
light Up to $110.00 Per Unit - Under-cabinet LED
fixture light Up to $125 Per Unit - Electrical
indoor/outdoor light Up to $150.00 Per Unit - Dimmer switch Up
to $55.00 Per Unit - Switch leg Up to
$65.00 Per Unit - Separate circuit
line Up to $135.00 - Arc Fault Breaker
Up to $80.00 Per Unit - Breaker Up to $35.00
Per Unit - Paint Color /
Stain Up to $30.00 Per Gallon - Doorstopper $3.00
Per unit door (provided by customer) - Interior Pre-hung
Door Up to $150.00 Per Unit (provided by customer) - Exterior Pre-hung
Door Up to $350.00 Per Unit (provided by customer) - Door Casing Up to
$1.50 Per LF (provided by customer) - Doorknobs &
Handles Up to $25.00 Per Unit (provided by customer) - Door Lock Up to
$20.00 Per Unit (provided by customer) - Bathroom Vanity Up
to $650.00 Per Unit. (Provided by customer) - Bathroom Shower
Valve Up to $150.00 Per Unit (provided by customer) - Bathroom Shower/tub
Door Up to $850.00 Per Unit (provided by customer) - Bathroom Tub
Filler Up to $150.00 Per Unit (provided by customer) - Bathroom Tub Up to
$650.00 Per Unit (provided by customer) - Bathroom Toilet Up
to $150.00 Per Unit (provided by customer) - Bathroom Bidet
Toilet Up to $300.00 Per Unit (provided by customer) - Bathroom Fan with
the sensor switch $450.00 Per Unit - Bathroom Window Up
to $350.00 Per Unit - Bathroom Sink Up
to $150.00 Per Unit (provided by customer) - Bathroom Sink
Faucet Up to $100.00 Per Unit (provided by customer) - Any Window of any
size will be up to $450.00 Per Unit - Wall and attic
insulation Up to $1.50 Per LF - Drywall Up to
$1.50 Per SQFT - Underlayment
Materials Up to $1.00 Per SQFT - Roofing Shingles
Material Up to $3.00 Per LF - Plywood Up to
$5.00 Per SQFT - Select Framing
Stud Up to $1.00 Per SQFT - Any other wood,
Metal, Steel framing will be priced at the time of order from the supplier - Rain Gutter, downspout
Up to $1.50 Per LF - Demolition Per
Unit, Per Work, Onsite Price - Cement 2500 PSI
4″ with no demo Up to $10.00 Per SQFT - Fence chain link
fence / Wood Up to $25.00 Per LF - Patio Cover, up to
$45.00 Per SQFT - Minimum
Architectural plans Starting from $1500.00 Per Set - Minimum Engineer
Plans Starting from $3500.00 Per Set - The city running
fee for every city service is $150.00-$350.00 Per Visit - On-site structural
observation Starting from $650.00 Per visit/report - Geological
observation Starting from $1500.00 Per location - Site Survey
starting from $1500.00 Per location - Plumbing Line Hot
Cold Starting from $450.00 Per Existing Line - Plumbing Sewer
line Start from $450.00 per Existing Line - Plumbing Re-pipe
Starting from $450.00 Per Location / Per Line - Plumbing Relocation
Per Location, Per Units - Tank water heater
Up to $10.00 Per Gallon (Gas / Electric) - Tankless water
heater Up to $850.00 Per Unit - HVAC duct Up to
$5.00 Per LF - HVAC Register Up
to $25.00 Per Unit - Air Conditioner /
Heater Up to $800.00 Per Ton / Per Unit - Additional
Cleaning Service Starting from $250.00 Per location (provided by customer) - Demolition
Starting from $15.00 Per SQFT - Construction Debry
and all types of trash Starting from $450.00 Per Load + City Fee + Dumping
Fee - “HERS
Test” (Title 24 Testing) Starting from $250.00 and up Pre unit + City
Fee (provided by customer) - MOLD Test will be
done by the company as needed $250.00 per area as needed (client will pay)
MOLD test does not include any treatment or remediation process. The
company will provide lab results - MOLD remediation
$1,500.00 – $3,500.00 – $5,500.00 Per area, per location - MOLD clearance
will be provided only after “1 Smart Build, Inc.” will perform all
remediation process as needed
Money –
The Bottom-Line Price
All contracts must include the
agreed-to price. Any job costing $500 or more (combined material and labor)
needs a written home improvement contract.
By law, the job must be
completed for the agreed-upon contract price. If the contract price needs to be
changed, it MUST be done with a written change order that becomes a part of the
contract.
Down
Payment – If
the contract calls for a down payment before work starts, the down payment
cannot be more than $1,000 or 10 percent of the contract price, whichever is
less, for a home improvement job or swimming pool, excluding finance charges.
There are no exceptions for
special order materials.
There is a down payment
exception for about two dozen licensees who carry special bonds to protect
consumers, known as blanket performance and payment bonds.
These exceptions are noted on
CSLB’s website.
Schedule
of Payments –
A home improvement contract must include a payment schedule. It should show the
amount of each payment and explain what work, materials, or services are to be
performed for that payment.
Payments to the contractor cannot exceed the
value of the performed work. Swimming Pools – A final swimming pool contract
payment may be made at the completion of the final plastering phase of
construction (provided that any installation of equipment, decking, or fencing
required by the contract also is completed).
Finance
Charges – If
applicable, finance charges must be calculated and laid out in detail, separate
from the contract amount.
Sales
Commission –
If the contract provides for payment of a salesperson’s commission as part of
the contract price, that payment must be made on a pro-rata basis in proportion
to the schedule of payments made to the contractor.
Salespersons – A salesperson cannot legally sign a
home improvement contract for the contractor unless he or she is a valid,
CSLB-registered home improvement salesperson (HIS).
Building
Permits, A
construction or building permit is a required document in most jurisdictions
for a large range of project types, including new construction or adding to
pre-existing structures, major renovations, heating, and air-conditioning
repairs, and installation of water heaters and swimming pools. Permits are
issued by the local building department. Generally, the new construction must
be inspected during construction and after completion to ensure compliance with
national, regional, and local building codes.
Failure
to obtain a permit
can result in significant fines and penalties, and even demolition of
unauthorized construction if it does not meet code requirements.
A Word
About Insurance Does
your contractor have employees? Workers’ compensation insurance is required by
law if the contractor has employees or workers. Check the CSLB website,
www.cslb.ca.gov or www.CheckTheLicenseFirst.com to make sure the workers’ comp
policy is current. Although not required, it’s also a good idea to ask whether
the contractor carries general liability insurance in case your property
accidentally is damaged during the project. You might consider contacting your
homeowner insurance carrier to find out if it would be advisable to take out a
temporary “rider” to your insurance policy, which is extended coverage for a
determined period or for a particular use.
Canceling
the Contract
Right to Cancel the Home Solicitation Sales Act requires a seller of home goods
or services to give the buyer three (3) business days (Or five business days if
the buyer is 65 or older) to think about whether to buy the offered goods or
services. To cancel, the buyer need only give the contractor written notice of
his or her intent not to be bound by the contract there is no penalty or
obligation on the part of the buyer. Under state law, when the contract is
canceled, the seller is required to return any money that was paid within 10
days of receiving the cancellation request. The consumer/buyer must return any
materials to the contractor that were applied to the contract. The purpose of
the right to cancel is to protect consumers from the pressure they often feel
from in-home solicitors.
If the contract is negotiated
at the contractor’s place of business, the three- or five-day right to cancel
does not apply.
Service
and Repair Contracts
– One major exception to the three- or five-day right to cancel is a “service
and repair” contract that covers emergency repairs or services that are
requested by the consumer on short notice. The right to a cancelation notice is
automatically voided the moment the contract is signed and the contractor
begins working on a service and repair contract.
Mechanics
Liens –
Consumers are required to receive a “Notice to Owner” warning about property
liens.
Anyone who helps improve the
property, but is not paid, may place what is called a mechanics lien on the
property. A mechanics lien is a claim made against the property by the person
who was not paid and is recorded with the county. Even if the contractor is
paid in full, unpaid subcontractors, suppliers, and laborers involved in the
project may record a mechanics lien and sue the property owner in court to
foreclose the lien. A property owner could be forced to pay twice or have the
court sell the home to pay the lien. Liens also can affect a consumer’s
personal credit rating and affect his or her ability to borrow and refinance.
themselves from liens by getting a list from the contractor of all
subcontractors and material suppliers who will work on the project, along with
the dates they will start and finish the work. Material suppliers and subcontractors
are required to give the property owner a “Preliminary Notice” of their right
to file a lien within 20 days of delivering products/materials or 20 days of
beginning the work. Have subcontractors sign lien releases when their portion
of the work is completed. Another option for consumers is to pay with a joint
check that is payable to both the contractor and the subcontractor or material
supplier.
Warranty
– What
warranty is a contractor required to provide under California Law? There are
basically three warranties that are law in California. These warranties are
defined in the CALIFORNIA BUSINESS AND PROFESSIONS CODES and in the CALIFORNIA
CIVIL CODE. The one-year warranty: new construction & remodels the standard
“one year expressed limited warranty” also known as the “Fit and Finish
warranty” is an industry-standard and a California law [CALIFORNIA CIVIL CODE
900] and is considered an implied warranty. Even though the state has adopted a
standard of warranty, a written warranty is always better. With a one-year
written or implied warranty, you are required to file a complaint within the
one-year period [CALIFORNIA BUSINESS AND PROFESSIONS CODE SECTION 7091-c].
Four-year warranty: All contractors / all jobs A licensed contractor is
required to give a warranty on items installed under his /her license to be
free from defective installation including, but not limited to the local codes
and manufacturer’s installation requirements for up to four years after the
completion of a job. The claim may be made on any defect, either known or
unknown, and discovered within the four-year period [CALIFORNIA BUSINESS AND
PROFESSIONS CODE SECTION 7091-a]. A licensed contractor can be held liable for
repairs and damages caused by the defective installation. A licensed contractor
who fails to meet the minimum installation requirements can be sued in a court
of law and a complaint can be filed with the California State License Board.
Ten-year warranty: Structural defects A licensed contractor and/or the engineer
on record is required to provide a warranty on certain engineered components
that they are to be free from engineering defects, miscalculation, or
omissions. Such defects could be site stability, the integrity of the
foundation, site retaining walls, roof framing, etc.… These defects may be
considered Latent defects. Latent defects are defects that lay dormant and are
undiscoverable without certain expertise or disaster. Such latent defects may
include foundation settling, excessive sagging of beams or other framings which
may be undersized, unusual site movement, etc.…
[CALIFORNIA BUSINESS AND
PROFESSIONS CODE] SECTION 7091-in part 7091.
(a) A complaint against a
licensee alleging commission of any patent acts or omissions that may be
grounds for legal action shall be filed in writing with the registrar within
four years after the act or omission alleged as the ground for the disciplinary
action…
(b) A complaint against a
licensee alleging commission of any latent acts or omissions that may be
grounds for legal action pursuant to subdivision (a) of Section 7109 regarding
structural defects, as defined by regulation, shall be filed in writing with
the registrar within 10 years after the act or omission alleged as the ground
for the disciplinary action…Where can I file a complaint? First, you are
required to notify the contractor in writing and allow him to inspect, evaluate
and make an offer to repair or settle the claim [CALIFORNIA CIVIL CODE 917]. If
the contractor refuses to respond to your claim
or does not offer a reasonable
settlement or repair within a reasonable time frame, you may then consider
legal action [CALIFORNIA CIVIL CODE 915]. Legal action may include Small Claims
court if the amount is under the limit of ($5,000 to $7,500 depending on the
claim) or you may wish to contact a construction defect attorney to pursue
civil damages.
Another option is contacting
the Contractors State License Board, which is the state consumer protection
agency that licenses and regulates construction contractors. If you file a
complaint against a licensed contractor within the legal deadline, CSLB has the
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 Information about filing a
complaint to the Contractors State License Board:
Visit CSLB’s website at: www.cslb.ca.gov Call CSLB at 800-321-CSLB (2752) Write
CSLB at P.O. Box 26000, Sacramento, CA 95826 Or if you would like to lookup
California Law regarding your rights go to: www.leginfo.ca.gov/index.html
What if a contractor fails to
repair the defect or pay the settlement once I get a judgment or order?
If a licensed contractor fails
to pay a civil penalty, or to comply with an order of correction or an order to
pay a specified sum either by court order or by CLSB action, a suspension of
his license per the CALIFORNIA BUSINESS AND PROFESSIONS CODE SECTION 7090.1 may
occur. Also, an attorney may be able to help collect on a judgment. What is a
“Contractor’s License Bond?”
A contractor’s
bond guarantees
both job completion and payment of all labor and material. All contractors are
required to have a minimum $10,000 bond. Some bonds are designed to protect you
from substandard work that does not comply with local building codes. Check
with the CSLB if you wish to file a complaint against a licensed contractor and
pursue a contractor’s bond for reimbursement of a judgment.
NO
WARRANTY
“1 Smart Build, Inc.” do NOT
provide warranty for the following:
- Any cement work,
Cracks, breaks, discoloration etc.… - Any stucco work,
Cracks, breaks, discoloration, etc.… - ANY PRODUCT OR
SERVICE THAT WAS NOT PROVIDED BY “1 Smart Build, Inc.” - Any job that was
not done and/or completed by “1 Smart Build, Inc.” - Any product that
was not made by “1 Smart Build, Inc.”
We reserve the
right to decline the acceptance of any type of payment. If your account is in
the default for any reason. 1 Smart Build Inc. may also make
additions/deletions/alterations to the services offered, at its sole
discretion. We reserve the right to refuse service /withdraw the service at any
time at its discretion.
An escalation clause is a provision in a contract that calls for adjustments in fees, wages, or other payments to account for fluctuations in the costs of raw materials or labor. This clause shifts the burdens for increasing materials and labor costs from the contractor to the client.
- By signing this
blow, you agree to all “1Smart Build, Inc.” Terms and conditions https://www.1smart.build/terms-and-conditions/
