i need help with business low class

User Generated

abab2000

Business Finance

Cuyamaca College

Description

hi everybody please im looking for help with business low class .

this assignment its contract i will send to you three questions you have to choose one and one example please i want help with it

Unformatted Attachment Preview

Michele S. Holder Bus Law 125/5086 May 9, 2012 Contract Assignment I have elected to analyze a binding contract between Godina Videography & Photography and a client for the purpose of photography services. The contract is divided into 13 individual sections that make up the terms and conditions of the agreement. The section entitled Exclusivity, states that Godina shall be the sole photographer “retained by the client for the event.” This section also allows for family and friends of the client to “photograph the event, for noncommercial purposes, provided that such person or persons do not interfere with the photographer’s duties.” The next section, entitled Photographer, informs the client that a photographer, and if necessary an assistant, will be assigned “exclusively for client’s event.” Further, it requires the client to provide a meal for the photographer and assistant during the course of the event. The Illness and Unexpected Events section explains under what circumstances or conditions Godina would not be liable to the client should they be unable to complete performance. These circumstances include war, riots, fire, acts of God, and earthquakes. In addition, this section grants Godina permission to delegate their contractual duties to another professional photographer should they become ill. If a substitute photographer cannot be “assigned,” the client is entitled to have fees returned. The Liquidated Damages section states that should any photographs become lost or damaged due to the negligence of Godina, the client will receive $1.00 per affected photo as payment. Information regarding deposit and payment requirements is discussed in the Non-Refundable Reservation Fees and Payment Schedule sections. A $500.00 non-refundable deposit is required to reserve a photographer for a scheduled event, with the remaining balance of the contract due 1 month prior to the event. This contract allows the client to “upgrade” their photography package up until the day of the scheduled even under Change in Date, Time, or Package Selection. In addition, the client may change the time and/or date of their event, but should this change “conflict” with the photographers “existing schedule,” Godina may terminate the contract, and the client will lose their non-refundable deposit. The Completion of Final Product section informs the client that the final product takes 9 to 12 weeks to complete from the date of event. The section entitled Venue, Attorney’s Fees and Applicable Law discusses legal options should a dispute arise concerning the contract. The contract stipulates that “any court action” arising from this contract should be brought in Orange County, California, with Godina and the client responsible for their own attorney’s fees. Moreover, should any part of the contract be deemed “invalid, illegal or unenforceable,” it will not affect the “legality and enforceability” of the remainder of the contract. The Publicity Rights/Promotional Use of Images section gives permission to use the client’s images produced during the event. The section entitled Modifications states that the signed contract represents the “sole and exclusive agreement” between Godina Videography & Photography and the client. It further contends that any expressed or implied warranties are included in the signed contract, and any modifications “must be in writing” and “signed by the party against which the enforcement of such writing is sought. The Creative Clause reiterates that Godina is the “exclusive official photographer retained” for the event. In addition, Godina 1 has full creative control, and the client is responsible for ensuring that there is nothing concealing the view of the bride and groom during shooting. The final section, Breakdown of Fees and Payment Schedule, lays out the total package price and includes the event date along with a signature section for both the client and Godina Videography & Photography. The Godina contract for photography services includes a Delegation Clause in section 3. Miller and Hollowell define delegation as, “The transfer of a contractual duty to a third party. The party delegating the duty (the delegator) to the third party (the delegate) is still obliged to perform on the contract if the delegate fails to perform” (p.187). The contract states, “In the event of any unanticipated photographer illness, Godina Videography & Photography shall make reasonable efforts to substitute another competent professional.” Therefore, should the photographer, who was assigned to the client’s event be unable to complete performance due to illness, Godina would make a “reasonable” effort to find a comparable photographer to perform the service, thereby delegating their duties. In a case where another photographer is unavailable, all fees paid by the client will be returned to him or her, and Godina claims no “further liability” in regards to the contract. Godina Videography & Photography also includes a Liquidated Damages Clause in section 4 of their contract. Liquidated damages is defined as, “An amount, stipulated in the contract, that the parties to a contract believe to be a reasonable estimation of the damages that will occur in the event of a breach (Miller & Hollowell, p. 202).” The contract stipulates that should any photographs become damaged or lost because of Godina’s “negligence or other unintentional conduct,” the client will receive $1.00 per photograph. For example, if Godina took 300 photos with a digital camera at client A’s wedding and subsequently lost the camera before printing or uploading the photos, Godina would pay $300.00 in liquidated damages to client A. Section 9 of the contract entitled Venue, Attorney’s Fees and Applicable Law, contains a clause that recognizes arbitration as an acceptable process to resolve any dispute that may arise from this contract. Arbitration is one of several forms of alternative dispute resolution. The PowerPoint slides for Chapter 3 of Business Law defines alternative dispute resolution as, “Any other formal or informal process for settling disputes without going to trial.” Arbitration is generally more time and cost effective than litigation, therefore making it “less stressful.” In arbitration, a “neutral third party arbitrator” makes a binding decision based on the disagreement submitted by the parties (Currier & Eimermann, p. 100). For example, if Godina Videography & Photography agreed to shoot client A’s wedding but subsequently forgot to assign a photographer to the event, leaving client A without a photographer, client A may decide to seek damages. Client A has an option to go through the traditional litigation process or she may choose arbitration, which is faster and cheaper than litigation (PowerPoint slides). Godina and client A would submit their arguments to the arbitrator, who would then make a decision that would be binding on both parties (PowerPoint slides). 2 Works Cited Currier, K., & Eimermann, T.E. (2010). Introduction to Paralegal Studies (4th ed.). New York: Aspen. Miller, R.L., & Hollowell, W.E. (2011). Business Law Text & Exercises (6th ed.). Ohio: South-Western Cengage Learning. West Legal Studies in Business (2007). Litigation and Alternative Dispute Resolution [PowerPoint slides]. Retrieved from Cuyamaca College website: https://gcccd.blackboard.com/webapps/portal. 3 CONTRACT FOR PHOTOGRAPHY SERVICES This agreement (“Agreement”) constitutes a binding contract for photographer services and/or products. By signing this Agreement, the clients, identified on page three of this Agreement (collectively referred to below as “Client”) agrees to pay Godina Videography & Photography for the services and/or products provided by Godina Videography & Photography at the price set forth on page three of the Agreement. The following terms and conditions shall also apply to Client’s engagement of Godina Photography and Photography: 1. EXCLUSIVITY: Godina Videography & Photography shall be the only photography service provider retained by the Client for the event identified on page three of this Agreement (referred to below as the “Event”). Family and friends of Client shall be permitted to photograph the event, for non-commercial purposes, provided that such person or persons do not interfere with the photographer’s duties. If, in the opinion of the assigned photographer, such person or persons are inhibiting the photographer from performing his or her duties, Client shall require the person interfering with the photographer to stop all further shots. 2. PHOTOGRAPHER: Godina Videography & Photography shall assign a photographer from its staff exclusively for Client’s Event. If necessary, assistants to such photographer shall attend the Event. Godina Videography & Photography reserves the right to change any initial assignment and substitute another staff photographer at any time due to illness. Due to the length of time required to shoot the Event, Client agrees to provide the photographer and any assistants with a meal during the Event. 3. ILLNESS AND UNEXPECTED EVENTS: Godina Videography & Photography will not be liable to Client under any circumstances if its performance is prevented or impaired due to war, insurrection, strikes, walk-outs, riots, fire, acts of God, including adverse weather conditions and earthquakes, shortages or unavailability of labor or materials, laws or governmental restrictions which conflict with the terms of this Agreement, or any other matter beyond the reasonable control of Godina Videography & Photography. In the event of any unanticipated 4 photographer illness, Godina Videography & Photography shall make reasonable efforts to substitute another competent professional. If another photographer cannot be assigned in time for the Event, Godina Videography & Photography shall promptly return to Client all fees previously paid by Client, and shall then have no further liability with respect to this Agreement. Godina Videography & Photography reserves the right to decline outdoor photography in the event of inclement weather. Client is responsible for providing an alternate nearby location in the event of inclement weather. 4. LIQUIDATED DAMAGES: Client and Godina Videography & Photography recognize it is extremely difficult and impractical to ascertain the extent of Client’s actual damage in the event of a breach on the part of Godina Videography & Photography. Therefore, the parties agree that in the event of any breach arising from the negligence or other unintentional conduct of Godina Video Productions, including, without limitation, any damage to or loss of any photographs, Client shall be entitled to the following: IN THE EVENT OF DAMAGE TO OR LOSS OF ANY PHOTOGRAPHS: Payment in the sum of $1.00 per/lost damaged photograph. The return of such fees and payment of such damages shall be the sole and exclusive remedies available to Client. 5. NON-REFUNDABLE RESERVATION FEES: A reservation deposit of $500.00 is due upon the signing of this Agreement. Once the Agreement is signed and the deposit is paid, Godina Videography & Photography shall reserve the time and date agreed upon for the Event and will not make other reservations that will conflict with the Event. For this reason all reservation fees are NON-REFUNDABLE. 6. PAYMENT SCHEDULE: The payment schedule will be as follows: 1. $500 deposit - NON-REFUNDABLE. 2. Remaining balance due 1 month prior to event. * (See last page for breakdown of fees and package details) Should any check fail to clear the account against which it is drawn (for any reason, including insufficient funds), Client shall pay an additional fee of $35.00. 5 7. CHANGE IN DATE, TIME OR PACKAGE SELECTION: Client may upgrade Client’s package selection at any time until the day of the event. However, under no circumstances shall Client be permitted to change its selection to a lower-priced package. In case of a change in the time or date of the Event, Godina Videography & Photography shall make reasonable efforts to accommodate the change. However, if the new time or date conflicts with Godina Video Productions’ existing schedule, Godina Videography & Photography reserves the right to terminate the Agreement. In the event of such termination, Client shall forfeit any previous non-refundable deposits. 8. COMPLETION OF FINAL PRODUCT: The entire editing process, from time of scheduling to receipt of the final product is normally 9 to 12 weeks, at which time Client will receive the final product of the Event. 9. VENUE, ATTORNEY’S FEES AND APPLICABLE LAW: The validity and interpretation of this Agreement shall be construed in accordance with the laws of the State of California. Any court action to enforce this Agreement, or relating or arising out of this Agreement or the services provided by Godina Videography & Photography shall be brought in a court of competent jurisdiction in the County of Orange, State of California. In any action, arbitration or other judicial, quasi-judicial or extra-judicial proceeding related to any dispute arising from this Agreement, each party to this Agreement shall bear their own attorney’s fees. In case any provision of this Agreement shall be invalid, illegal or unenforceable, such provision shall be severable from the remainder of this Agreement and the validity, legality and enforceability of the remaining provisions shall not, in any way, be affected or impaired thereby. Unless otherwise provided herein, this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, beneficiaries, successors and assigns. Each party represents that all required authorizations for its execution of this Agreement necessary to make this instrument binding in accordance with its terms against such party have been obtained and are in effect. 6 10. PUBLICITY RIGHTS/PROMOTIONAL USE OF IMAGES: The parties agree that Godina Videography & Photography may use images from Client’s event for commercial use, including, without limitation, promotional videos for exhibition to other potential clients of Godina Videography & Photography. 11. MODIFICATIONS: This written and signed Agreement constitutes the sole and exclusive agreement between the parties regarding the services and products to be provided by Godina Videography & Photography in connection with the Event. It is intended by each party to constitute the final written memorandum of all of their agreements and understandings in this transaction. No covenants, warranties, and/or representations, expressed or implied, and no promises or prior agreements whatsoever have been made, agreed to, or entered into by the parties hereto which are not expressly set forth above. If either party to this Agreement has attempted to make such covenants, warranties, and/or representations, promises or prior agreements, they are each superseded hereby and waived. Any waivers, terminations, amendments or modifications of, or additions to, this Agreement must be in writing signed by the party against which the enforcement of such writing is sought. 12. CREATIVE CLAUSE: It is understood that Godina Videography & Photography is the exclusive official photographer retained by the Client to cover this event. Godina Videography & Photography is granted full editorial, production and content control by the Client regarding all aspects of the production. Because the photographers cannot interrupt or interfere with the ceremony in any way to correct less than satisfactory shooting conditions, the Client shall insure the placement of the bridal party, officiant(s) and altar decorations does not obscure or block the view of the bride and groom. We are not responsible for shots that are missed or omitted because of the photographer being blocked. 7 13. BREAKDOWN OF FEES AND PAYMENT SCHEDULE Package Selection: Photography Services ONLY __________ (initial) Package Price: __________ Tax: __________ Package Total: __________ Deposit: - $500 Balance due: __________ Due Date: __________ Event Date: __________ Thank you! We look forward to working with you! _____________________________ __________________________________ ___________ Client’s Name (Please Print) Client’s Signature Date _____________________________ __________________________________ ___________ Godina Videography & Photography Date Make checks payable to Robert Godina 8 Nevada Athletic Commission MANAGEMENT AGREEMENT THIS AGREEMENT, Made this day of , 20 by and between, MANAGERS NAME, of CITY, STATE, (whether one or more, hereinafter referred to as the "Manager"), and BOXERS/UNARMED COMBATANTS NAME, of CITY, STATE, professional unarmed combatant ("Contestant"). WITNESSETH: In consideration of the mutual covenants and agreements hereinafter contained, the parties hereto agree to and with each other as follows: 1. Definitions. In this agreement, the words and terms used herein, unless the context otherwise requires, shall have the meanings ascribed to them in Nevada Revised Statutes ("NRS") and Nevada Administrative Code ("NAC") Chapter 467. 2. Engagement. It is agreed and understood that Manager is engaging the sole professional services of Contestant, to take part in all contests of unarmed combat, and also to give exhibitions of unarmed combat and training exercises. 3. Duties of Contestant. Contestant will use his or her best skill and ability, at such times and places as may be required by Manager. Contestant agrees to place himself or herself under the management of Manager, and, also agrees to take part in such contest of unarmed combat and also give exhibitions of unarmed combat, training and training exercises, whenever and wherever required by Manager, in such places of public entertainment and/or amusement, and in such cities, towns and other places, without limitation, where Manager may from time to time request or direct. Contestant binds himself or herself and agrees to faithfully fulfill, and live up to any agreement entered into on his or her behalf by the Manager, during the term of this agreement. Contestant agrees that he or she shall not, during the continuance of this agreement, take part in any contests or exhibitions of unarmed combat, or act or perform or otherwise exercise Contestant's talent in any manner, or place, how or whatsoever, without having first obtained the written permission of Manager. Contestant shall attend all rehearsals and attend to all training and exercising as Manager shall require, and shall proceed and travel, by any means of conveyance as and when required by Manager for the purposes of this agreement. 4. Duties of Manager. Manager binds themselves and agree to use their best efforts to secure remunerative contests and exhibitions of unarmed combat for Contestant. 5. Term. In consideration of this agreement, the parties hereto mutually bind themselves for a period of MAXIMUM OF 4 YEARS, with no extension option, for which period this agreement shall remain in full force and effect. 6. Distribution of Earnings. It is agreed by the parties that the earnings from all contests, exhibitions and performances of unarmed combat herein mentioned in this agreement shall be divided as follows: MAXIMUM OF THIRTY THREE AND ONE THIRD PERCENT (33 1/3 %) to Manager, MANAGERS NAME, MINIMUM OF SIXTY SIX AND TWO THIRDS PERCENT (66 2/3%) to BOXERS/UNARMED COMBATANTS NAME, Contestant.. 7. Suspension of Manager. In the event that Manager shall be suspended by the Nevada Athletic Commission (the "Commission"), and such suspension shall be permanent, this agreement, insofar as it relates to contests and exhibitions of unarmed combat in the State of Nevada, at the option of Contestant, shall forthwith terminate. In the event that such suspension is not permanent, then during the period of such suspension Contestant may contract individually for his or her services and during such period of suspension Manager shall not be entitled to any percentage of the earnings of any contests or exhibitions of unarmed combat engaged in by said Contestant. 8. Arbitration. Pursuant to NAC 467.102, controversies arising between the parties hereto shall be referred and submitted to arbitration in the following manner: Within thirty (30) days after the origin of Page 1 of 2 such dispute or controversy, either or both of the parties hereto may notify the Executive Director of the Commission of the existence of such dispute and of his, her, or their desire and willingness to refer such dispute to arbitration, whereupon, in a duly authorized meeting of the Commission, the Chairman of the Commission shall appoint a representative of the Commission (the "Arbitrator") to conduct a hearing at such time and place as may, in the opinion the Arbitrator, be convenient to all interested parties and witnesses. Notification of the time and place of such hearing shall be given to all interested persons by mail at their last known address. The parties hereto agree in the event of submission of any such controversy to arbitration that the decision of the Arbitrator shall be final and binding upon the parties hereto and each of them agree to be bound thereby. 9 Applicable Law. It is understood and agreed that the rights and obligations of the parties hereto shall be governed by, and construed according to the laws of the State of Nevada. The terms of this agreement shall in all respects be in conformity with the laws of the State of Nevada, and the rules and Regulations now or hereafter adopted by the Commission, which laws and rules are hereby made a part of and incorporated into this agreement. It is agreed by all of the parties that action arising out of this agreement, shall be commenced in the State of Nevada. Page 2 of 2 10 Assumption of the Risk. The Contestant understands that by participating in a contest or exhibition of unarmed combat, that the Contestant is engaging in an abnormally dangerous activity. The Contestant further understands that this participation subjects the Contestant to a risk of severe injury or death. The Contestant, with full knowledge of this risk, nonetheless, agrees to enter into this agreement and hereby waives any claim that the Contestant or Contestant's heirs may have against the Commission and/or the State of Nevada as the result of any injury the Contestant may suffer as a result of Contestant's participation in any contest or exhibition of unarmed combat in the State of Nevada. INITIALS OF CONTESTANT . 11 Release. The parties to this agreement, for themselves, their heirs, executors, administrators, successors, and assigns, hereby release and forever discharge the State of Nevada and the Commission and each of their members, agents, and employees in their individual, personal and representative capacities, from any and all manner of actions, causes of action, suits, debts, judgments, executions, claims, and demands whatsoever known or unknown, in law or equity, that the parties ever had, now have, may have, or claim to have against any and all of the persons or entities named in this paragraph arising out of, or by reason of this agreement, or any other matter. 12 Indemnification. The parties to this agreement, jointly and severally hereby indemnify and holds harmless the State of Nevada and the Commission, and each of their members, agents, and employees in their individual, personal and representative capacities against any and all claims, suits and actions, brought against the persons named in this paragraph by reason of this agreement and all other matters relating thereto, and against any and all expenses, damages, charges and costs, including court costs and attorney fees which may be incurred by the persons and entities named in this paragraph as a result of said claims, suits and actions. 13 Original and copies of Agreement. The original of this agreement shall be kept on file by the Commission and a copy of this fully executed agreement will be provided to each party. 14 Entire Agreement and Modification. This agreement and its attachments constitute the entire agreement of the parties and as such are intended as a complete and exclusive statement of the promises, representations, negotiations, discussions, and other agreements that may have been made in connection with the specific subject matter hereof. All prior agreements are superseded and excluded with regard to the specific terms contained herein. Unless otherwise expressly authorized by the terms of this agreement, no modification or amendment to this agreement shall be binding upon the parties unless the same is in writing, signed by the respective parties hereto, and filed with the Commission. 15 Proper authority. The parties hereto represent and warrant that the person executing this agreement on behalf of another party, if applicable, has the full power and authority to enter into this agreement. 16 Severability. If any provision in this agreement is held to be unenforceable by a court of law or equity, this agreement shall be construed as if such provision did not exist and the nonenforceability of such provision shall not be held to render any other provision or provisions of this agreement unenforceable. 17 Notices. All notices or other communications required or permitted to be given under this agreement shall be in writing and shall be deemed to have been duly given if delivered personally in hand, by telephonic facsimile or mailed regular or certified mail to the appropriate party at the last known address on record with the Commission. It is understood by the parties that it is the responsibility of each party to notify the Commission of any change of address. 18 Waiver of Breach. Failure to declare a breach or the actual waiver of any particular breach of the agreement or its material or nonmaterial terms by either party shall not operate as a waiver by such party of any of its rights or remedies as to any other breach. 19 Assignment. Neither party shall assign, transfer nor delegate any rights, obligations or duties under this agreement without the prior verbal or written consent of the Commission or the Executive Director of the Commission. Page 3 of 2 HOME IMPROVEMENT CONTRACT Mr. Stephen Borgerding BORGERDING CONSTRUCTION, INC. 850 N. 4th Street El Cajon, CA 92019 Email • BCSTEVE@COX.NET California License No. 519925 B This Home Improvement Contract is entered into by and between Borgerding Construction, Inc. (“Contractor”) and ______________ (“Owner”) whose residence address is ______________________________________________, and whose project address is _________________________________________________. Legal Description of Project is ____________________________. A.P.N.: ___________________. Owner signed this Home Improvement Contract on ________________. You, the Owner/buyer, may cancel this transaction at any time prior to midnight of the third business day after the date of this transaction. The Notice of Cancellation may be sent to the Contractor Borgerding Construction, Inc. at 850 N. 4th St., El Cajon, CA 92019. Owner/buyer may also use the Notice Of Right To Cancel contained within this contract. List of Documents Attached/Incorporated in the Home Improvement Contract: The contract documents consist of the following documents: 1. 2. 3. 4. This Home Improvement Contract. Sample Change Order. Mechanics Lien Warning. Three-Day Right to Cancel Notice Description of the Project and Description of the Significant Materials to be Used and Equipment to be Installed: Contractor will furnish all labor and materials to construct and complete in a good, workmanlike and substantial manner: See Exhibit “A” (attached). Contract Price: The Contract Price is $_______________. Page 1 of 14 BORGERDING CONSTRUCTION , INC. 850 n. 4TH St., El Cajon, CA 92019 (619) 504-0524 (619) 328-0316 Fax Initial _____ _____ Down Payment: The Down Payment is in the amount of $1,000.00. (10% or $1,000.00, whichever is less). Schedule Of Progress Payments: The schedule of progress payments is represented below. No. Description of When Progress Payments Are Due Amount Total Contract Amount 1 *Down Payment (10% or $1,000.00, whichever is less) Remaining Balance 2 3 4 5 6 7 After Completion of project Total 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 DOWN PAYMENT AS SET FORTH ABOVE. Upon satisfactory payment being made for any portion of the work performed, the Contractor shall, prior to any further payment being made, furnish the Customer a full and unconditional release from any claim or mechanic’s lien pursuant to Section 3114 of the Civil Code for that portion of the work for which payment has been made. Any alteration or deviation from specifications herein involving extra cost of material, labor, design, and/or permits will only be performed upon the execution of written Change Orders for same and will become an extra charge over the sum referenced in this contract. All agreements and changes must be in writing. If Contractor furnishes a joint control, Contractor represents and warrants it does not have any financial or other interest in the joint control. Page 2 of 14 BORGERDING CONSTRUCTION , INC. 850 n. 4TH St., El Cajon, CA 92019 (619) 504-0524 (619) 328-0316 Fax Initial _____ _____ Payments due and unpaid under the contract documents shall bear interest from the date payment is due at the legal prevailing rate at the place of the project. There is a $50 service charge for all returned checks. All progress payments are required within one (1) day from date the work is completed. If Owner fails to do so, Owner covenants to pay contractor the sum of ten (10%) percent on the amount then due, as liquidated damages. The ten (10%) percent liquidated damages is a sum equal to the additional bookkeeping, interest and administrative cost contractor will incur and is agreed by Owner and contractor the ten (10%) percent is the reasonable expense the contractor will incur for any and all late payments. Work will also be halted until progress payments are made. Acceptance of any late payment will not constitute a waiver on the part of the contractor for any further payments and obligations of owner under this agreement. Substantial Commencement of Work: Substantial commencement of the work will occur when the physical demolition phase of the work begins. Project as defined will require approximately ___ days to complete from substantial commencement of work. Days to complete are business days and exclude all federal and state holidays. Some work may be performed away from the subject property. Substantial commencement of work will not occur until Owner has obtained all necessary governmental approvals and building permits. Contractor shall not be responsible for delays that take place due to third parties including material suppliers. Contractor will not be responsible for delays due to Acts of God, natural disasters, war, or any other event out of Contractor's control, whether or not it may be foreseeable. Approximate Start Date: The approximate start date for this project is ___To Be Determined_____ Approximate Completion Date: The approximate completion date for this project is _____________________________ Note About Extra Work and Change Orders: Extra Work and Change Orders become part of the Home Improvement Contract once the Change Order is prepared in writing and signed by the parties prior to the commencement of any work covered by the new Change Order. The Change Order must describe the scope of the extra work or change, the cost to be added or subtracted from the Home Improvement Contract, and the effect the order will have on the schedule of progress payments. A sample of Contractor’s Change Order is included within this Home Improvement Contract. Page 3 of 14 BORGERDING CONSTRUCTION , INC. 850 n. 4TH St., El Cajon, CA 92019 (619) 504-0524 (619) 328-0316 Fax Initial _____ _____ Owner may not require Contractor to perform extra or change-order work without providing written authorization prior to the commencement of any work covered by the new Change Order. Extra work or a Change Order is not enforceable against the Owner unless the Change Order also identifies all of the following in writing prior to the commencement of any work covered by the new Change Order: (i) The scope of work encompassed by the order. (ii) The amount to be added or subtracted from the contract. (iii) The effect the order will make in the progress payments or the completion date. Contractor's failure to comply with the requirements of this paragraph does not preclude the recovery of compensation for work performed based upon legal or equitable remedies designed to prevent unjust enrichment. Changes in the Work: Should the Owner, construction lender, or any public body or inspector direct any modification or addition to the work covered by this contract, the contract price shall be adjusted accordingly. Contractor shall promptly notify Owner of (a) subsurface or latent physical conditions at the site differing materially from those indicated in the contract, or (b) unknown physical conditions differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this contract. Any expense incurred due to such conditions shall be paid for by the Owner as added work. Information about the Contractors State License Board: 1. CSLB is the state consumer protection agency that licenses and regulates construction contractors. 2. Contact CSLB for information about the licensed contractor you are considering, including information about disclosable complaints, disciplinary actions and civil judgments that are reported to CSLB. 3. 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. Page 4 of 14 BORGERDING CONSTRUCTION , INC. 850 n. 4TH St., El Cajon, CA 92019 (619) 504-0524 (619) 328-0316 Fax Initial _____ _____ 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. 4. Contractors are required by law to be licensed and regulated by the Contractors State License Board, which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within 4 years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged violation. Any questions concerning the contractor may be referred to the Registrar, Contractors State License Board, P.O. Box 26000, Sacramento, California 95826. 5. State law requires anyone who contracts to do construction work to be licensed by the Contractors State License Board in the license category in which the contractor is going to be working—if the total price of the job is $500 or more (including labor and materials). 6. Licensed contractors are regulated by laws designed to protect the public. If you contract with someone who does not have a license, the Contractors State License Board may be unable to assist you with a complaint. Your only remedy against an unlicensed contractor may be in civil court, and you may be liable for damages arising out of any injuries to the contractor or his or her employees. You may contact the Contractors State License Board to find out if this Contractor has a valid license. The Board has complete information on the history of licensed contractors, including any possible suspensions, revocations, judgments, and citations. The Board has offices throughout California. Please check the government pages of the White Pages for the office nearest you or call 1-800-321-CSLB for more information. OWNER’S RESPONSIBILITIES: The Owner is responsible to supply water, gas, sewer and electrical utilities unless otherwise agreed to in writing. Electricity and water to the site is necessary. Owner agrees to allow and provide Contractor and his equipment access to the property. The Owner is responsible for having sufficient funds to comply with this agreement in full. This is a cash transaction unless otherwise specified. The Owner is responsible to remove or protect any personal property and Contractor is not responsible for same or for any furniture, driveways, lawns, shrubs, etc. The Owner shall point out and warrant the property lines to Contractor, and shall hold Contractor harmless for any disputes or errors in the property line or setback locations. Water, sewer, gas and electric utilities from the serving agency to the point of entry at Owner’s property line or to metering device where such devices are required, are the responsibility of Owner. In compliance with federal and state law, Owner agrees to Page 5 of 14 BORGERDING CONSTRUCTION , INC. 850 n. 4TH St., El Cajon, CA 92019 (619) 504-0524 (619) 328-0316 Fax Initial _____ _____ make drinking water and toilet facilities available to all workers, or compensate contractor for cost to affect the work herein. Owner shall grant free access to work areas for workman and vehicles, and shall allow areas for storage of materials and debris. Owner agrees to keep driveways clear and available for movement and parking of trucks during normal work hours. Contractor and workmen are not expected to keep gates closed for animals or children. Owner maintains full and sole responsibility for All animals and children. Contractor shall not be held responsible for damage to driveways, walks, lawns, shrubs or other vegetation, by movement of trucks, men, equipment, materials, and debris, etc. If owner arbitrarily denies access to any workman during scheduled working hours, then the owner will be assessed a minimum of $75.00 trip charge. It is the owner’s responsibility to have someone available for all inspections. Owner shall obtain and pay for all necessary building permits unless otherwise agreed in writing. Owner will pay all governmental fees, assessments, taxes, etc. related to the work. Delays: Contractor agrees to start and diligently pursue work through to completion, but shall not be responsible for delays for any of the following reasons; failure of the issuance of all necessary building permits, funding of loans, disbursement of funds into control or escrow, acts of neglect or omission of Owner or Owner’s employees or Owner’s agent, Acts of God, Acts of war or terrorism, stormy or inclement weather, strikes, lockouts, boycotts or other labor commotion, inability to secure material through regular recognized channels, imposition of Government priority or allocation of materials, failure of Owner to make payments when due, or delays caused by inspection or changes ordered by the inspectors of authorized Government bodies, or for acts of independent Contractors, or other causes beyond Contractor’s reasonable control. Plans and Specifications / Permits: If plans and specifications are prepared for this job, they shall be attached to and become a part of the Agreement. Owner will obtain and pay for all required building permits. Owner will pay assessments and charges required by public bodies and utilities for financing or repaying the cost of sewers, storm drains, water service, other utilities, water hook-up charges and the like. Subcontracts: The Contractor may subcontract portions of this work to properly licensed and qualified subcontractors. Page 6 of 14 BORGERDING CONSTRUCTION , INC. 850 n. 4TH St., El Cajon, CA 92019 (619) 504-0524 (619) 328-0316 Fax Initial _____ _____ Insurance and Deposits: Owner will procure at his own expense and before the commencement of any work hereunder, fire insurance with course of construction, vandalism and malicious mischief clauses attached, such insurance to be a sum at least equal to the contract price with loss, if any, payable to any beneficiary under any deed of trust covering the project, such insurance to name the Contractor and its subcontractors as additional insured, and to protect Owner, Contractor and its subcontractors and construction lender as their interests may appear; should Owner fail to do so, Contractor may procure such insurance as agent for and at the expense of Owner, but is not required to do so. If the project is destroyed or damaged by disaster, accident or calamity, such as fire, storm earthquake, flood, landslide, or by theft or vandalism, any work done by the Contractor rebuilding or restoring the project shall be paid by the Owner as extra work. Contractor shall carry Worker’s Compensation Insurance for the protection of Contractor’s employees during the progress of the work. Owner shall obtain and pay for insurance against injury to his own employees and persons under Owner’s discretion and persons on the job site at Owner’s invitation. Contractor maintains the following insurance: 1. Commercial General Liability Insurance: 2. Worker Compensation Insurance: Owner may call Contractor’s insurance carries to verify insurance coverage. Owner, by signing this Home Improvement Contract, acknowledges that Owner received prior to the start of any work a copy of Contractors Certificate of Liability Insurance and Certificate of Workers Compensation Insurance. Right to Stop Work: Contractor shall have the right to stop work if any payment shall not be made, when due, to Contractor under this agreement; Contractor may keep the job idle until all payments due are received in full. Failure by Owner to make payment, when due, is a material breach of this Agreement. Clean Up: Contractor will remove from Owner’s property debris and surplus material created by his operation and leave it in a neat and broom clean condition. Page 7 of 14 BORGERDING CONSTRUCTION , INC. 850 n. 4TH St., El Cajon, CA 92019 (619) 504-0524 (619) 328-0316 Fax Initial _____ _____ Limitations: No action of any character arising from or related to this contract, or the performance thereof, shall be commenced by either party against the other more than two years after completion or cessation of work under this contract. Validity and Damages: In case one or more of the provisions of this Agreement or any application thereof shall be invalid, unenforceable or illegal, the validity, enforceability and legality of the remaining provisions and any other applications shall not in any way be impaired thereby. Any damages for which Contractor may be liable to Owner shall not, in any event, exceed the cash price of this contract. California law governs this Contract. Asbestos, Lead, Mold, and other Hazardous Materials: Owner hereby represents that Owner has not knowledge of the existence on or in any portion of the premises affected by the Project of any asbestos, lead paint, mold (including all types of microbial matter or microbiological contaminations, mildew or fungus), or other hazardous materials. Testing for the existence of mold and other hazardous materials shall only be performed as expressly stated in writing. Contractor shall not be testing or performing any work whatsoever in an area that is not identified in the Scope of Work. Unless the contract specifically calls for the removal, disturbance, or transportation of asbestos, polychlorinated biphenyl (PCB), mold, lead pint, or other hazardous substances or materials, the parties acknowledge that such work requires special procedures, precautions, and/or licenses. Therefore, unless the contract specifically calls for same, if Contractor encounters such substances, Contractor shall immediately stop work and allow the Owner to obtain a duly qualified asbestos and/or hazardous material contractor to perform the work. The Contract Term setting forth the time for completion of the project may be delayed, if so, the contract completion date will be adjusted accordingly. In the event that mold or microbial contamination is removed by Contractor, Owner understands and agrees that due to the unpredictable characteristics of mold and microbial contamination appearing in the same or any adjacent locations, subsequent to the completion of the work performed by Contractor. Owner agrees to hold Contractor harmless, and shall indemnify Contractor harmless for any recurrence of mold or microbial contamination. Owner also agrees that Contractor shall not be responsible, and agrees to hold Contractor harmless and indemnify Contractor, for the existence of mold or microbial contamination in any area that Contractor was not contracted to test and/or remediate. Further, Owner is hereby informed, and hereby acknowledges, that most insurers expressly disclaim coverage for any actual or alleged damages arising from mold or microbial contamination. Contractor makes no representations whatsoever as to coverage for mold contamination, though at Owner’s additional Page 8 of 14 BORGERDING CONSTRUCTION , INC. 850 n. 4TH St., El Cajon, CA 92019 (619) 504-0524 (619) 328-0316 Fax Initial _____ _____ expense, if requested in writing, Contractor will inquire as to the availability of additional coverage for such contamination or remediation, and if available, will obtain such coverage if the additional premium is paid for by Owner as an extra. Standards of Materials and Workmanship: Contractor shall use and install “standard grade” or “builder’s grade” materials on the project unless otherwise stated in the Scope of Work, the plans and/or specifications provided to Contractor prior to the execution of this Agreement. Unless expressly stated in the Scope of Work, Contractor shall have no liability or responsibility to restore or repair the whole or any part of the premises affected by the work of Contractor to be performed herein or by any subsequently agreed-upon change order, including as an illustration and not as a limitation, any landscaping, sprinkler system, flooring and carpet, wall coverings, paint, tile, or decorator items. Liens and Assessments: Unless specifically included in this agreement, contractor shall not be held responsible for any bonds, liens, or assessments on existing real estate, nor sewer or utility assessment, sewer acreage, or use fees, not yet a lien on said property. Plumbing and Electrical: Unless specifically included: any and all rerouting, relocation, or replacement of electrical, plumbing, gas, waste, irrigation, water lines, etc. encountered during Contractor’s scope of work are not included in this Contract and are explicitly excluded. Attorney’s Fees: In the event that the Contractor or Owner should institute suit in court against the other party in connection with any dispute or matter arising under this contract, the party which prevails in such suit shall be entitled to recover from the other party its attorneys fees in reason able amount, which shall be determined by the court, and included in the judgment in said suit. Entire Agreement: The Contract Documents set forth in the List of Documents Attached/Incorporated in the Home Improvement Contract, together with any revisions and modifications thereof that may be permitted by the provision of this contract, form the entire agreement between the Contractor and Owner and supersede any and all proposals, correspondence, agreements representations, statements, writings, or preliminary communications of any kind between the Contractor and Owner or any other party to the work to be performed under this contract. No communication of any type except as explicitly provided for in the Contract Documents shall modify, control, derogate, or otherwise change the rights and liabilities of the parties hereto in any manner whatsoever. Page 9 of 14 BORGERDING CONSTRUCTION , INC. 850 n. 4TH St., El Cajon, CA 92019 (619) 504-0524 (619) 328-0316 Fax Initial _____ _____ Damage To Property: Contractor shall not be held responsible for damage caused by owner or owner's agent or owner's employees; or acts of god; soil slippage; subsidence, landslides, fire; earthquake; stormy, inclement or abnormal weather conditions; rain or water damage to owner's property, riot; or civil commotion or acts of public enemy; and all acts, events or occurrences beyond the control of the contractor. Owner agrees to remove or to protect any personal property, inside and out, but not limited to; furniture, shrubs, plantings, irrigation and personal property and contractor shall not be held responsible for damage or loss of said items. Owner agrees to defend and hold harmless Contractor for any and all such damage not caused by the sole and willful negligence of Contractor. Plaster/Stucco/Concrete/Pool Plaster: Contractor calls attention of the owner to the limitations of plaster and stucco, concrete and pool plaster and while contractor shall make every effort to match existing textures, colors, and planes, exact duplication is not promised. Contractor does not warrant or guarantee stucco, plaster, concrete or pool plaster from cracking. Warranties: Equipment, assemblies, or units, including slide sealants purchased by contractor included in this contract are sold and installed subject to the manufacturers or processor’s guarantee or warranties and not Contractor’s. Page 10 of 14 BORGERDING CONSTRUCTION , INC. 850 n. 4TH St., El Cajon, CA 92019 (619) 504-0524 (619) 328-0316 Fax Initial _____ _____ Your Rights: The owner may cancel this agreement at any time prior to midnight of the third business day after the date of execution of this agreement. See the attached notice of cancellation form for an explanation of this right. THE ABOVE SPECIFICATIONS, PRICES AND CONDITIONS ARE SATISFACTORY AND ARE HEREBY ACCEPTED. BORGERDING CONSTRUCTION IS AUTHORIZED TO PERFORM WORK AS SPECIFIED. The Owner or tenant has the right to require the Contractor to have a performance and payment bond. You are entitled to a completely filled in copy of this Home Improvement Contract, signed by both you and the Contractor, before any work may be started. Lien Information Lender Information General Contractor: Stephen J. Borgerding _________________________ License No.: 519925 B Address: 850 N. 4th St El Cajon, CA 92019 Telephone: (619) 504-0524 Lender: _________________________ Address _________________________ OWNER SIGNATURE ___________________________________ DATE__________________________ ___________________________________ DATE__________________________ CONTRACTOR SIGNATURE _______________________________________ ___________________________________, Title DATE__________________________ Page 11 of 14 BORGERDING CONSTRUCTION , INC. 850 n. 4TH St., El Cajon, CA 92019 (619) 504-0524 (619) 328-0316 Fax Initial _____ _____ NOTICE OF RIGHT TO CANCEL Notice of Cancellation _______________________ (enter date of transaction) You may cancel this transaction, without any penalty or obligation, within three business days (Monday through Saturday) from the above date. If you cancel, any property traded in, any payments made by you under the contract or sale, and any negotiable instrument executed by you will be returned within 10 business days following receipt by the seller of your cancellation notice, and any security interest arising out of the transaction will be canceled. If you cancel, you must make available to the seller at your residence within 10 business days, in substantially as good condition as when received, any goods, contracts, change orders, documents, brochures, samples, etc. delivered to you under this contract or sale, or you may, if you wish, comply with the instructions of the seller regarding the return shipment of the goods at the seller’s expense and risk. If you do make the goods available to the seller and the seller does not pick them up within 20 business days of the date of your notice of cancellation, you may retain or dispose of the goods without any further obligation. If you fail to make the goods available to the seller, or if you agree to return the goods to the seller 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, dated, and certified copy of this cancellation notice, or any other written notice to: BORGERDING CONSTRUCTION, INC. 850 N. 4th St. El Cajon, CA 92019 not later than midnight of _____________________ (date) I hereby cancel this transaction _________________ (date) ___________________________________________ (Owner’s signature) Page 12 of 14 BORGERDING CONSTRUCTION , INC. 850 n. 4TH St., El Cajon, CA 92019 (619) 504-0524 (619) 328-0316 Fax Initial _____ _____ 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 Notices. 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 or 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 the 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 liens, visit CSLB’s Web site at wee.cslb.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 fact the forced sale of your home to pay what you owe. ___________________________ Owner ________________________ Date Page 13 of 14 BORGERDING CONSTRUCTION , INC. 850 n. 4TH St., El Cajon, CA 92019 (619) 504-0524 (619) 328-0316 Fax Initial _____ _____ CONTRACT CHANGE ORDER NO: _____ PROJECT:________________________________. Owner Name: _____________________________. Project Address: ___________________________. CONTRACTOR: BORGERDING CONSTRUCTION, INC. 850 N. 4th St. El Cajon, CA 92019 California Contractor’s License Number 519925 B Telephone: 619-504-0524 Facsimile: 619-328-0316 The contract is hereby modified and amended as follows: _____________________________________________ ______________________________________________. It is mutually agreed that the Contract Price for the Home Improvement Contract dated __________ is increased/decreased in the amount of $__________ . Payment is due and payable immediately upon signing this change order. As a result of this change order, the time for completion of the above-mentioned contract is hereby extended by an additional ______. This Change Order is incorporated into and governed by the above mentioned contract and is incorporated therein. ________________________________________ (Owner’s signature) __________ (date) ________________________________________ (Contractor’s signature) __________ (date) Page 14 of 14 BORGERDING CONSTRUCTION , INC. 850 n. 4TH St., El Cajon, CA 92019 (619) 504-0524 (619) 328-0316 Fax Initial _____ _____ Sale of Goods Agreement Agreement made _____________ (date), between _________________________, of _________________________________ (address), _____________________ (city), ______________ (county), ________________ (state), in this agreement referred to as seller, and ___________________, of ____________________________ (address), __________________ (city), __________________ (county), _____________ (state), in this agreement referred to as buyer. SECTION ONE: SALE OF GOODS Seller shall sell, transfer and deliver to buyer on or before ____________________ (date), the following personal property: ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ (description of goods). SECTION TWO: PURCHASE OF GOODS Buyer shall accept the goods and pay ________________________________________ Dollars ($ ________ ) for the goods. SECTION THREE: IDENTIFICATION OF GOODS Identification of the goods to this agreement shall not be deemed to have been made until both buyer and seller have specified that the goods in question are to be appropriated to the performance of this agreement. SECTION FOUR: PAYMENT ON RECEIPT Buyer shall make payment for the goods at the time when, and at the place where, the goods are received by buyer. SECTION FIVE: RECEIPT CONSTRUED AS DELIVERY Goods shall be deemed received by buyer when delivered to buyer at ________________________________________ (address), __________ (city), __________ (county), __________ (state). SECTION SIX: RISK OF LOSS The risk of loss from any casualty to the goods, regardless of the cause, shall be the responsibility of the seller until the goods have been accepted by the buyer. SECTION SEVEN: WARRANTY OF NO ENCUMBRANCES Seller warrants that the goods are now free, and that at the time of delivery shall be free from any security interest or other lien or encumbrance. SECTION EIGHT: WARRANTY OF TITLE Furthermore, seller warrants that at the time of signing this agreement, seller neither knows nor has reason to know of the existence of any outstanding title or claim of title hostile to the rights of seller in the goods. SECTION NINE: RIGHT OF INSPECTION Buyer shall have the right to inspect the goods on arrival and, within _______ business days after delivery, buyer must give notice to seller of any claim for damages on account of condition, quality or grade of the goods, and buyer must specify the basis of the claim of buyer in detail. The failure of buyer to comply with these conditions shall constitute irrevocable acceptance of the goods by buyer. In witness whereof, the parties have executed this agreement at ________________________________________ (designate place of execution) the day and year first above written. _________________________ Signature _________________________ Signature
Purchase answer to see full attachment
User generated content is uploaded by users for the purposes of learning and should be used following Studypool's honor code & terms of service.

Explanation & Answer

Hey find the attached file. Thanks and Goodbye

Sale of Goods Agreement Contract
I have settled on analyzing a binding sale of good agreement contract between the seller and the
buyer. Well, the contract is divided into various sections that make up terms and conditions of
the agreement. Therefore, terms and conditions shall apply;
a) Sale of goods. The seller shall sell to the buyer and the buyer shall purchase from the
seller the goods in quantities and at prices stated and agreed upon by the parties. Unless
otherwise stated the buyer shall pay all taxes and third party expenses imposed on, in
connection with or measured by the transaction contemplated by this agreement in
addition to the prices set.
b) Payment. Unless otherwise stated, payment of goods is due within 30 days of the date of
the seller’s invoice, which date will not be before the date of the seller’s delivery of the
goods. The buyer shall p...


Anonymous
Just what I needed. Studypool is a lifesaver!

Studypool
4.7
Trustpilot
4.5
Sitejabber
4.4

Similar Content

Related Tags