Standard Terms and Conditions

Standard Terms and Conditions

Notice of Cancellation Rights.

Homeowner understands this Agreement may be rescinded in writing, without penalty or charge within (3) three days after execution, by either Party, less an administrative termination fee of five (5) percent of the first payment, job performance and material costs incurred by Radiant.

Homeowner shall submit a written notice of termination within the three (3) day period. After the (3) day period, all payments received will be returned by Radiant, less an administrative termination fee of five (5) percent of any balance due, job performance and material costs incurred by Radiant, unless the Parties agreed otherwise in writing.

Builders’ Clause.

Radiant is not held responsible for home builder(s)’ warranties and failures. As the Homeowner, you will be responsible for code upgrades along with any additional work needed to meet the code requirements. Radiant is not responsible for a/c lines or wiring running along the deck/roof line or framework not within code compliance.

Acknowledgement of Limited Scope of Work.

Homeowner hereby acknowledges that this Agreement does not include, and Radiant is not required to provide, any material(s) and/or labor not specified in this Agreement including, without limitation, upgrades, damaged, deteriorated, rotten, mold or insect infested structure including cracked rafters or framework.

Acknowledgement of Subcontractors.

Homeowner acknowledges crew members are subcontractors and timelines provided by Radiant are subject to change. Homeowner acknowledges subcontractors are not employees of Radiant and Radiant shall not be held responsible for subcontractor delays and/or change(s) of timeline scheduling. Radiant agrees to make a good faith effort to stay on original timeline scheduling.

Tortious Interference.

Homeowner shall not hire any Radiant subcontractor on the side; pay any subcontractor directly; and acknowledge Radiant has sole discretion in selecting any subcontractor. Homeowner failure to adhere to this paragraph amounts to tortious interference of Radiant’s right to contract with third parties and causes injury and damages to Radiant.

Force Majeure.

The Parties acknowledge that they will be relieved from performing their contractual obligations under this Agreement when circumstances beyond their control arise from nature or other third-party actions.

Other Plans.

Radiant assumes no responsibility or liability for defects in the design or engineering in plans provided by other third parties which Homeowner directs to be used.

Verbal Change Order(s).

Homeowner acknowledges No Verbal Change Order(s) or agreement(s) shall be added to this Agreement. Any such additional/modification of work performed without a written Change Order shall be added to the Initial Agreement Cost and is due immediately upon written notice of Radiant.

Pre-existing Defects.

Radiant assumes no responsibility or liability for past builder and/or contractor defects. If any defect(s) is discovered, Radiant shall follow applicable code requirements to correct said defect(s), as required. The costs of any such correction(s) shall be specified by a written Change Order as specified in Paragraph six (6) of this Agreement.

Project Completion.

Project Completion shall be defined as the Final Inspection and upon Final Invoice.

Survey and Easement.

Homeowner shall obtain and furnish any necessary survey(s) describing the physical characteristics of the property, the location of all utilities, and location of all easements to the property necessary to allow Radiant to complete its performance. If an added easement(s) is necessary to complete work, Homeowner shall obtain the easement(s) promptly.

Permit and License.

Radiant shall obtain building permits, licenses, building inspections as required by local law.

HOA.

If a covenant or architectural review committee requires the approval of plans and specifications, Homeowner shall be responsible for obtaining these approvals and paying for any fees connected with them. Homeowner is also responsible for knowing applicable HOA covenant(s) and allowances and hereby releases and holds Radiant and Subcontractors harmless from any and all claims for injury or damage to persons or property arising from Homeowner’s failure to satisfactorily inquire and disclose the same.

Insurance and Risk Management.

Subcontractors shall obtain General Liability Insurance necessary to protect Radiant from claims for damages that may arise out of and during operations under this Agreement. Homeowner may request a certificate of insurance.

Warranties.

All Warranties are limited to the implied warranties of habitability and workmanlike construction and are limited to a period of one year from the date of the issuance of a certificate of occupancy by the local building code enforcement authority or final payment (whichever is first). This limited warranty is the only express warranty provided by Radiant.

Disputes/Governing Law/Assignment/Fees.

This Agreement shall be constructed, interpreted, and applied to the law of the state where the property is located.

Should any dispute arise relative to the performance of this Agreement the Parties cannot resolve, the dispute shall be resolved within the jurisdiction of Oconee County.

This contract shall not be assigned without the written consent of the Parties.

All attorney fees incurred in the resolution of disputes shall be the responsibility of the Party not prevailing in the dispute, unless otherwise determined.