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Contract

CONTRACT

THIS CONTRACT (the “Agreement” or “Contract”) is made this ____ day of _____________, 20____ by and between 3RD Generation Home Improvements, Inc..,  an Ohio corporation, and ___________________________________________________, (the “Customer”).  The parties hereto agree as follows:

3RD Generation Home Improvements, Inc. , an Ohio corporation (hereinafter referred to as “3RD Generation Home Improvements, Inc. ”), hereby offers to, subject to the terms and conditions herein set forth, furnish, deliver and arrange for the installation of materials listed herein and/or on attached sketches and specification sheets for the amount show herein. 

  1. In consideration of the Agreements of 3RD Generation Home Improvements, Inc.  and Customer herein set forth, 3RD Generation Home Improvements, Inc.  agrees to furnish all labor and materials necessary for the installation of ___________________________________________________________ at: _____________________________________________________ (the “Property”).  The total contract price for this project is $_______________________________. The scope of work to be performed by 3RD Generation Home Improvements, Inc.  at the Property is detailed in Exhibit “A” attached hereto and incorporated herein (collectively the “Work”).
  1. 3RD Generation Home Improvements, Inc.  shall commence construction of the Work immediately or as agreed to by the parties hereto and shall thereafter diligently pursue completion of the Work.  3RD Generation Home Improvements, Inc.  will use its best efforts to complete the Work in accordance with the Schedule attached hereto as Exhibit “B.”
  1. If, at any time during the pendency of this Agreement, Customer desires to change, alter, limit, or add to the Work (each a “Change Order”) such changes must be evidenced in a written amendment to this Agreement in form and substance to that certain Change Order form attached hereto as Exhibit “C” and incorporated herein.
  1. 3RD Generation Home Improvements, Inc.  hereby gives Customer notice that it uses or may use a variety of subcontractors who may furnish portions of the Work (individually a “Subcontractor” and collectively the “Subcontractors”).
  1. Customer shall monitor the progress of the Work, and shall promptly inform 3RD Generation Home Improvements, Inc.  as to any claim that 3RD Generation Home Improvements, Inc.  has failed to perform the Work in accordance with the terms and provisions of this Contract.
  1. The failure to make any payment when due shall be a material breach of contract which shall entitle 3RD Generation Home Improvements, Inc.  at its option, to suspend its performance hereunder or rescind this contract. Interest shall accrue upon (and be payable on demand) on each installment of the cash price from and after the date on which said installment becomes due and payable at the rate of 18% per annum. 
  1. In the event that a controversy arises under the Contract which the parties hereto are not able to resolve within 14 days, then either party may cause said controversy to be submitted any court in Lake County, Ohio for resolution.  Nothing in this paragraph 7 shall preclude, or be construed so as to preclude, 3RD Generation Home Improvements, Inc.  from taking steps (including, without limitation, the filing and prosecution of a lawsuit) as may be necessary, in the opinion of either 3RD Generation Home Improvements, Inc.  or its counsel. This includes, but is not limited to, foreclosing or otherwise preserving 3RD Generation Home Improvements, Inc. ’s rights under any Mechanic’s Lien. 
  1. In the event that 3RD Generation Home Improvements, Inc.  retains counsel in order to enforce this Contract or to defend any action brought by or on behalf of the customer, Customer shall pay 3RD Generation Home Improvements, Inc.  all of its costs, including, but not limited to, its actual attorney fees, incurred to enforce this Contract or to pursue any rights hereunder, in addition to the cash price and any other amounts due under this Contract. 
  1. Customer understands and agrees that if the work to be performed by 3RD Generation Home Improvements, Inc.  under this Contract is part of a larger project, it is essential to coordinate the work to be performed by 3RD Generation Home Improvements, Inc.  with the work to be done by others so that 3RD Generation Home Improvements, Inc.  installation will not be damaged. Customer agrees that 3RD Generation Home Improvements, Inc.  shall not be responsible for any coordination or for any damage resulting from improper coordination not withstanding any warranty (whether expressed or implied in law) to the contrary. Customer understands that any changes which are to be made to the agreed-upon plans and specifications may result in additional cost for the labor, material or both. Customer agrees to pay such additional costs upon presentation of billing by 3RD Generation Home Improvements, Inc. . 
  1. With respect to the subject-matter hereof, this Contract and the related agreement of credit if any, shall constitute the entire agreement between the parties and supersedes all prior understandings, and there are no collateral or oral agreements or understandings. All additions, variations or modifications to this Contract shall be void and ineffective unless in writing signed by the party or parties to be bound hereby. 
  1. 3RD Generation Home Improvements, Inc.  shall not be liable for delays in or failure to complete delivery or installation of all or any part of this work called for by this Contract if due to fire, strikes, war, government regulations, Pandemic(s); supply chain shortages  or any cause beyond 3RD Generation Home Improvements, Inc.’s  control. 
  1. If this is a credit transaction, the agreement for such credit is incorporated herein by this reference and made part thereof. 
  1. 3RD Generation Home Improvements, Inc.  is not responsible for existing defects, dry rot or code violation. Neither is 3RD Generation Home Improvements, Inc.  responsible for damage caused by moisture (including humidity). No repairing, plastering, carpentry (including the installation of any wood base or molding), decorating or redecorating is included unless specifically charged for and specified. Any latent defects discovered during installation shall be corrected at customer’s expense. Any breach of the preceding sentence shall entitle 3RD Generation Home Improvements, Inc.  to suspend its performance under this Contract or to demand payment in full with respect to all completed work and damages with respect to the balance of this contract. 
  1. 3RD Generation Home Improvements, Inc.  does not connect any plumbing. 
  1. 3RD Generation Home Improvements, Inc.  cannot guarantee any size or grade of  any material against cupping, buckling, warping, shrinkage, termite or beetle infestation. 3RD Generation Home Improvements, Inc.  also does not guaranty the coverage of any stain used on hardwood flooring and that after selection of the color of stain by Customer, 3RD Generation Home Improvements, Inc.  shall have no liability as to coverage issues or the color of the stain chosen by Customer or Customer’s agent/representative. In the event that Customer does not like the coverage or color of stain, Customer shall be responsible for all costs to change or alter the coverage or color of said stain.  
  1. 3RD Generation Home Improvements, Inc.  is not responsible for moving any furniture. Furthermore, if 3RD Generation Home Improvements, Inc.  should attempt to move any furniture, 3RD Generation Home Improvements, Inc.  shall not be responsible for any damage resulting therefrom and Customer waives all rights to hold 3RD Generation Home Improvements, Inc.  or its subcontractors responsible for any damage to furniture.  
  1. 3RD Generation Home Improvements, Inc.  may, at its option, void this Contract in the event that Customer’s acceptance of 3RD Generation Home Improvements, Inc.’s  proposal is not delivered to 3RD Generation Home Improvements, Inc.  in person within 30 days of the date of the Proposal and Contract. 
  1. Customer is responsible for providing proper temperature and humidity levels at the Property/job site. Customer is aware that wood products can be adversely affected by too much or too little humidity, and hereby accepts all responsibility for any damage occurring as a result of adverse job site conditions. 
  1. Customer accepts responsibility for materials delivered to job site in good order by 3RD Generation Home Improvements, Inc.  or its suppliers and agrees to provide protection against theft or damage from the elements. 
  1. 3RD Generation Home Improvements, Inc.  agrees to furnish the materials specified in the contract and to complete all work in a professional and workmanlike manner, according to standard practice in the industry. 
  1. Material warranties are solely those of the manufacturers of the materials specified. Customer agrees to look solely to those manufacturers for all warranty claims. Customer further agrees that 3RD Generation Home Improvements, Inc.  shall not be responsible for any consequential damages arising as a result of the failure or misuse of any product.

3RD GENERATION HOME IMPROVEMENTS, INC., NOT BEING THE MANUFACTURER OF THE GOODS PURCHASED HEREIN, NOR THE MANUFACTURER’S AGENT, MAKES NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS OF ANY KIND WHATSOEVER WITH RESPECT TO THE GOODS PURCHASED HEREIN, INCLUDING, WITHOUT LIMITATION, THE MERCHANTABILITY OF THE GOODS OR ITS/THEIR RESPECTIVE FITNESS FOR ANY PARTICULAR PURPOSE, THE DESIGN OR CONDITION OF THE GOODS, THE QUALITY OR CAPACITY OF THE GOODS, THE WORKMANSHIP OF THE GOODS, AND THE COMPLIANCE OF THE GOODS WITH THE REQUIREMENTS OF ANY LAW, RULE, SPECIFICATION, OR CONTRACT PERTAINING THERETO, AND CUSTOMER AGREES THAT IT IS PURCHASING THE GOODS DESCRIBED HEREIN “AS-IS”.  CUSTOMER HEREBY ACKNOWLEDGES THAT 3RD GENERATION HOME IMPROVEMENTS, INC. HAS NOT MADE ANY WARRANTIES OR REPRESENTATIONS, ORAL OR OTHERWISE.

  1. Customer is aware that work being performed will create fine dust in the air and Customer has taken precautions, as he/she feels adequate to protect the surrounding area from such dust. 3RD Generation Home Improvements, Inc.  shall not be held responsible for any damage resulting from the dust, nor shall 3RD Generation Home Improvements, Inc.  be responsible to clean up such dust. Accordingly, Customer is solely responsible for any cleanup of dust that may emanate from the installation of the goods described.
  1. Customer is aware of the right to cancel this contract under ORC 1345.21 et seq.  Two copies of the form to cancel said transaction are attached hereto and incorporated herein as Exhibit “D.” That being said, Customer is aware of the following:

NOTICE OF CANCELLATION 

____________________

(Date)

You may cancel this transaction, without any penalty or obligation, within three business days 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 ten business days following receipt by 3RD Generation Home Improvements, Inc.  of your cancellation notice, and any security interest arising out of the transaction will be cancelled. If you cancel, you must make available to 3RD Generation Home Improvements, Inc.  at your residence, in substantially as good condition as when received, any goods delivered to you under this contract or sale; or you may if you wish, comply with the instructions of 3RD Generation Home Improvements, Inc.  regarding the return shipment of the goods at 3RD Generation Home Improvements, Inc. ’s expense and risk. If you do make the goods available to 3RD Generation Home Improvements, Inc.  and 3RD Generation Home Improvements, Inc.  does not pick them up within twenty 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 3RD Generation Home Improvements, Inc. , or if you agree to return the goods to 3RD Generation Home Improvements, Inc.  and fail to do so, then you remain liable for performance of all obligations under the contract. To cancel this transaction, mail or deliver a signed and dated copy of this cancellation notice or any other written notice, or send a telegram, to 3RD Generation Home Improvements, Inc.  Ventures, LLC, d/b/a Floor Coverings International at 8754 East Avenue, Mentor, Ohio 44060 not later than midnight of ________________________________. 

 

I hereby cancel this transaction.

____________________ _______________________

(Date) (Buyer’s Signature)

  1. Customer assumes all liability and responsibility for any loss or damage, whether it be to 3RD Generation Home Improvements, Inc.  or to third parties, arising out of the goods described herein in any way, including environmental damages to property, bodily injury or death. Customer hereby assumes all liability for, and agrees to indemnify and hold harmless 3RD Generation Home Improvements, Inc. , its agents, employees, successors and assigns from and against any and all claims, actions, suits, proceedings, costs, expenses, damages, demands, penalties, losses, injuries, obligations and liabilities of whatsoever kind and nature including, without limitation, attorney’s fees, arising out of, connected with, or resulting from the delivery, possession, use, condition (including, but not limited to, latent and other defects and whether or not discoverable by Customer or 3RD Generation Home Improvements, Inc. ), ownership, selection or return of the goods described herein. The indemnities and assumptions of liabilities and obligations provided for herein shall continue in full force and effect notwithstanding the expiration or other termination of this Agreement.
  2. 3RD Generation Home Improvements, Inc.  and Customer hereby agree and acknowledge that 3RD Generation Home Improvements, Inc.  is exempt from the Ohio Home Solicitation Sales Act (“OHSSA”) under the exemption detailed at R.C. 1345.21(4) and further agree that Customer initiated the contact with Owner for purposes of negotiating purchase of the Work, that 3RD Generation Home Improvements, Inc.  maintains a location in the State of Ohio at the address set forth above wherein 3RD Generation Home Improvements, Inc.  regularly offers its goods and services, sees customers, dispatches its subcontractors, and otherwise engages in its business.  Customer understands that he or she shall not have the right to cancel this Agreement under the OHSSA.
  3. Customer agrees that all deposits made on special orders or specially-cut orders cannot be refunded. Customer further agrees that Customer may, other than provided herein, cancel a contract for purchase of goods before installation only and that’s 3RD Generation Home Improvements, Inc.  will return all monies deposit minus 25% for restocking measuring and freight charges. 
  4. Customer agrees to reimburse 3RD Generation Home Improvements, Inc.  for all reasonable expenses incurred in the collection of any unpaid contract balance, including, but not limited to, its actual attorney’s fees incurred in doing so.
  5. Customer agrees that 3RD Generation Home Improvements, Inc.  will not be responsible for delays or failures in delivery or installation caused by strikes or other causes beyond 3RD Generation Home Improvements, Inc. ’s control; that 3RD Generation Home Improvements, Inc.  is not responsible for consequential damages and that 3RD Generation Home Improvements, Inc.  is not responsible for shortages of material when the sale contemplated herein was based on measurements or plans submitted by Customer. 
  6. Customer expressly agrees to allow 3RD Generation Home Improvements, Inc.  the unfettered right to inspect and to correct any condition complained of by Customer and that refusal to allow the same constitutes a material breach of this contract and is an express waiver of Customer’s rights to assert a claim or to file suit against 3RD Generation Home Improvements, Inc. . In this regard, should any suit be instituted by Customer over this Contract, 3RD Generation Home Improvements, Inc. ’s work and or the contents of this Contract, Customer expressly agrees its damages are solely limited to the amount paid under the Contract minus the value of the services performed and goods provided by 3RD Generation Home Improvements, Inc. .  
  7. Customer expressly agrees, unless other arrangements are made and noted herein, that the terms of payment shall be 10% of the total price upon execution of this Contract and the balance upon completion by 3RD Generation Home Improvements, Inc. . In this regard, Customer further agrees any late payment shall be subject to 1-1/2% per month (18% per annum) delinquency charge on any unpaid contract balance calculated from date of delivery of the materials purchased under this Contract. 
  8. Customer agrees that all merchandise is subject to commercially acceptable dye lot variations as defined by industry standards. 
  9. Labor does not include cutting of any doors that do not clear carpet. Further, 3RD Generation Home Improvements, Inc.  is not responsible for breakage in removal and replacing of shoe moldings and all rug sizes are approximate. 
  10. Miscellaneous.  (a) This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Ohio with any legal action to be instituted in Lake County, Ohio.  (b) This Agreement shall not be altered except by a written amendment signed by the parties hereto.  (c) This Agreement shall be binding upon, inure to the benefit of and be enforceable by the parties, their successors, heirs, personal representatives and assigns.  (d) This Agreement may be executed in several counterparts, each of which when so executed will be deemed an original for all purposes, and signatures transmitted by facsimile or electronically shall be accepted as original signatures.  (e) If any provision of this Agreement is deemed invalid, illegal, or unenforceable, then notwithstanding such determination, the remainder of this Agreement will subsist and will be in full force and effect as though such invalid, illegal or unenforceable provision had been omitted from this Agreement.  (f) The Section headings appearing in this Agreement have been inserted for the purpose of convenience and reference.  They do not purport to, and will not be deemed to, defend, limit or extend the scope or intent of the clauses to which they apply, and they will not be considered in construing the terms of this Agreement. (g) The Parties acknowledge that each party has had an opportunity to review this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement (including any exhibits hereto or any amendments thereto) and the same shall be construed neither for nor against Contractor or Owner, but shall be given a reasonable interpretation in accordance with the plain meaning of its terms and the intent of the parties.  (f) Neither party shall be in default hereunder if the party is prevented from performing any of its obligations hereunder due to a Force Majeure Delay including, but not limited to any delays as a result of: strikes, lockouts or labor disputes; inability to obtain labor or materials or reasonable substitutes therefor; acts of God, hurricanes, blizzards or other adverse weather conditions; governmental actions or inactions; condemnation; civil commotion; fire or other casualty; or any other conditions beyond the reasonable control of the party obligated to perform.  (g) Neither 3RD Generation Home Improvements, Inc.  nor Customer may assign their rights or obligations hereunder.
  11. Customer expressly agrees this contract incorporates all terms and conditions contained at its website:  https://3rdgenerationhomeimprovements.com/

IN WITNESS WHEREOF, the parties hereunto have set their hands as of the day and year first above written.

3RD Generation Home Improvement, Inc.  

By: ________________________________

Its: Authorized Member

      

CUSTOMER:

____________________________________

(Signature)

___________________________________

(Print Name)

EXHIBIT A

EXHIBIT B

EXHIBIT C

EXHIBIT D

NOTICE OF CANCELLATION

____________________

(Date)

You may cancel this transaction, without any penalty or obligation, within three business days 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 ten business days following receipt by 3RD Generation Home Improvements, Inc.  of your cancellation notice, and any security interest arising out of the transaction will be canceled. If you cancel, you must make available to 3RD Generation Home Improvements, Inc.  at your residence, in substantially as good condition as when received, any goods delivered to you under this contract or sale; or you may if you wish, comply with the instructions of 3RD Generation Home Improvements, Inc.  regarding the return shipment of the goods at 3RD Generation Home Improvements, Inc. ’s expense and risk. If you do make the goods available to 3RD Generation Home Improvements, Inc.  and 3RD Generation Home Improvements, Inc.  does not pick them up within twenty 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 3RD Generation Home Improvements, Inc. , or if you agree to return the goods to 3RD Generation Home Improvements, Inc.  and fail to do so, then you remain liable for performance of all obligations under the contract. To cancel this transaction, mail or deliver a signed and dated copy of this cancellation notice or any other written notice, or send a telegram, to 3RD Generation Home Improvements, Inc.  at 35835 Vine St, Willowick, OH 44095 not later than midnight of ______________________________. 

 

I hereby cancel this transaction.

____________________ _______________________

(Date) (Buyer’s Signature)

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