TERMS AND CONDITIONS OF SALE
Scope of Work
This quotation or invoice is based on the plans, measurements, product selections, site conditions, and other information known as of the date of customer approval. RF Construction Services LLC (“RF”) will provide the labor, materials, supplies, equipment, and services specifically described in the quotation or invoice.
Any work, material, service, repair, upgrade, correction, or condition not expressly listed in the quotation or invoice is excluded unless added through a written change order, revised invoice, supplemental estimate, or other written approval accepted by the customer.
Any revisions to plans, specifications, site conditions, product selections, or requested work after approval may result in additional charges and/or additional time.
Payment Terms
A payment is required before the project begins. Unless otherwise stated in writing in the quotation or invoice, the required initial payment shall be equal to 50% of labor plus 100% of Materials & Supplies, disposal, garbage removal, dump fees, haul-off, delivery, equipment rental, and 3rd-party fees stated in the quotation or invoice.
A 15% contractor markup is included on all Materials & Supplies and on all 3rd-party fees. This markup covers contractor time for sourcing, coordination, ordering, purchasing, receiving, pickup, transport, delivery, administration, and project management.
If the quotation or invoice provides for progress payments before substantial completion, each progress payment shall be due at the milestone stated in the quotation or invoice. Each such payment shall bear a reasonable relationship to the work performed, materials purchased or supplied, and project-related expenses covered by that payment.
Final payment is due immediately upon substantial completion of the contracted work, subject only to any punch-list items expressly agreed to in writing.
Any additional labor, Materials & Supplies, disposal, garbage removal, dump fees, haul-off, delivery, permit-related costs, equipment rental charges, parking charges, access charges, tolls, hidden-condition costs, upgrades, revised selections, or 3rd-party fees that arise after approval of the quotation or invoice shall be paid in advance before those items are ordered, scheduled, or incurred, unless otherwise stated in writing. The same 15% contractor markup shall apply to all additional Materials & Supplies and all additional 3rd-party fees.
To the extent required by applicable New York law for home-improvement contracts, payments received prior to substantial completion shall be handled in accordance with applicable law, including escrow or other legally permitted protection of such funds.
Materials, Supplies, and 3rd-Party Fees
A 15% markup shall be added to all Materials & Supplies and all 3rd-party fees. This markup covers contractor time for sourcing, coordination, ordering, purchasing, receiving, pickup, transport, delivery, administration, and project management.
3rd-party fees may include, but are not limited to, delivery charges, disposal charges, dump fees, haul-off, equipment rentals, permit expediting, specialty subcontractors, engineering, testing, municipal filing fees, paid access requirements, and similar project-related outside costs.
The same 15% markup shall apply to any additional Materials & Supplies or 3rd-party fees required after the original quotation or invoice, whether due to customer changes, hidden conditions, additional requested work, site conditions, or other approved project needs.
Customer-Provided Materials
If the customer supplies any fixture, appliance, finish, or other material, RF is not responsible for delays, defects, missing parts, incompatibility, warranty issues, discontinued items, incorrect ordering, or additional labor resulting from customer-supplied materials.
If a customer-supplied item includes accessories or components that would otherwise have been included by RF, a credit may be issued for the omitted builder-grade material value, at RF’s discretion.
Change Orders
Any change to the agreed scope of work must be documented in writing through a change order, revised invoice, supplemental estimate, or other written approval accepted by the customer before the additional or revised work begins.
Any additional deposit, labor charge, material payment, or scheduling adjustment associated with a change order must be accepted and paid before the related work is performed.
Schedule and Delays
Any project timeline, phase duration, or completion date is an estimate only unless expressly stated otherwise in writing.
RF is not responsible for delays caused by weather, permit processing, inspections, material availability, supplier issues, hidden or unforeseen conditions, customer delays, customer-requested changes, utility interruptions, acts of God, labor shortages, access limitations, emergency conditions, or events beyond RF’s reasonable control.
Any delay caused by late payment, denied access, delayed selections, customer-supplied materials, or change orders shall automatically extend the project schedule.
Site Access and Job Conditions
The customer agrees to provide safe, timely, and reasonable access to the jobsite during normal working hours, including access to water, electricity, and other utilities when reasonably needed for the work.
The customer shall remove or protect valuables, fragile items, pets, vehicles, and personal property from the work area.
RF is not responsible for incidental damage to landscaping, driveways, walkways, finishes, or items adjacent to the work area when such access is reasonably necessary to perform the contracted work, except to the extent caused by RF’s negligence or willful misconduct.
Parking, Access, and Site-Specific Charges
The customer agrees to provide reasonable access to the jobsite, including legal parking access where available.
If paid parking, garage fees, commercial loading fees, building access charges, freight or elevator reservation fees, certificate of insurance fees, tolls, disposal access charges, or similar site-specific costs are required to perform the work and cannot reasonably be determined at the time of quoting, such charges shall be paid by the customer as additional pass-through costs at the actual documented amount incurred by RF.
RF may invoice such charges after they are incurred and provide supporting documentation upon request. Such charges are due upon invoice, or may be added to the next progress payment or final invoice if not required earlier to continue the work.
Credit Card Pricing and Processing Fee
If the customer elects to pay by credit card, the quote, invoice, or payment page shown before payment is authorized shall clearly state the exact credit-card processing fee, if any, and the total price due by credit card.
Any credit-card surcharge shall not exceed RF’s actual cost of credit-card processing for that transaction.
No surcharge applies to payments made by cash, Zelle, certified funds, money order, check, or other approved non-credit-card methods.
For disclosure purposes, RF may show a non-credit-card price, a credit-card processing fee, and the total if paying by credit card, or may show a non-credit-card price and a credit-card price side by side.
Stop-Work and Default
If any payment is not made when due, RF may provide written notice of nonpayment and may immediately suspend scheduling, ordering, delivery, project administration, and on-site work until the account is brought current.
No waiver shall arise from RF accepting a partial payment, continuing communications, or temporarily delaying enforcement.
Any delay caused by nonpayment shall extend the project schedule and shall not constitute contractor delay.
Collections, Mechanic’s Lien Rights, and Legal Remedies
If any amount due under this Agreement is not paid when due, RF may, to the fullest extent permitted by law:
issue written demand for payment;
suspend performance and withhold further scheduling, ordering, delivery, or closeout work until the account is current;
file, maintain, extend where permitted, and enforce a Mechanic’s Lien against the property for private improvement work, or a public improvement lien where applicable;
commence an action for breach of contract, collection of account, foreclosure of lien, and/or any other available legal or equitable remedy;
refer the account to collection counsel or a licensed collection agency, or assign the receivable or debt in accordance with applicable law; and
seek recovery of all unpaid contract sums, approved change orders, additional materials, supplies, miscellaneous charges, statutory interest where awarded, and, to the fullest extent permitted by law, reasonable attorneys’ fees, court costs, filing fees, service fees, sheriff or marshal fees, lien filing costs, foreclosure costs, and other reasonable collection expenses.
Nothing in this Agreement shall be construed as a waiver of RF’s lien rights or other rights and remedies under New York law. For private improvements in New York, a mechanic’s lien generally must be filed within 8 months from the last work or materials, but for a single-family dwelling the deadline is generally 4 months, and service and proof requirements also apply.
Permits, Code Compliance, and Inspections
Unless specifically stated in the quotation or invoice, permit fees, engineering, design, architectural services, testing, specialty reports, code upgrades, filing fees, and related compliance items are excluded.
If correction of work is required solely because of RF’s workmanship error within the contracted scope, RF will correct that issue at its own expense.
Warranties
RF provides a 1-year workmanship warranty on labor performed by RF, beginning on the date of substantial completion, unless a different period is stated in writing.
Manufacturer warranties apply to materials, fixtures, appliances, and other products where available and are limited to the manufacturer’s terms.
This warranty does not cover normal wear and tear, abuse, neglect, misuse, lack of maintenance, structural movement, moisture intrusion from sources outside the contracted scope, pre-existing conditions, or failures related to customer-supplied materials or work performed by others.
Insurance Disclosure
To the extent required by applicable law, RF shall provide any required insurance disclosure before work begins.
Limitation of Liability
RF shall not be liable for pre-existing defects, concealed conditions, code issues outside the quoted scope, manufacturer defects, customer instructions, customer-supplied materials, or work performed by others.
To the fullest extent permitted by law, RF’s liability for any claim arising out of the contracted work shall be limited to the amount actually paid under the specific quotation or invoice giving rise to the claim, except to the extent prohibited by law.
Owner’s Right to Cancel
For any residential home-improvement contract subject to applicable New York law, the owner may cancel the contract until midnight of the third business day after signing. Cancellation occurs when written notice of cancellation is delivered or mailed as permitted by law.
Where the owner initiated contact and the work is needed to meet a bona fide emergency, the owner’s cancellation right may be waived only in the manner permitted by law.
RF should provide the customer with any required Notice of Cancellation form for covered transactions.
Dispute Resolution
The parties agree to first attempt in good faith to resolve any dispute through direct written communication.
If the dispute is not resolved, either party may pursue any remedy available under applicable law in a court of competent jurisdiction in the county where the project is located, or in any other venue permitted by law.
Nothing in this section limits RF’s right to file or enforce a Mechanic’s Lien, public improvement lien, or pursue provisional, collection, or post-judgment remedies in any proper forum.
Privacy
By submitting an inquiry, signing a quotation, making payment, or otherwise engaging RF, the customer acknowledges that personal information may be collected, used, stored, and communicated as reasonably necessary to provide estimates, schedule work, process payments, coordinate materials, respond to service requests, and manage the project. You can locate our Privacy Policy at https://www.rfconstructionservices.com/privacy
Termination
Either party may terminate the agreement by written notice.
If the agreement is terminated, the customer remains responsible for payment for all work performed, materials ordered or delivered, non-cancelable commitments, project administration already incurred, demobilization costs, and any other charges accrued through the date of termination.
Severability
If any provision of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect to the fullest extent permitted by law.
REQUIRED NEW YORK HOME IMPROVEMENT NOTICE
Any contractor, subcontractor, or materialman who provides home improvement goods or services pursuant to your home improvement contract and who is not paid may have a valid legal claim against your property known as a Mechanic’s Lien. Any Mechanic’s Lien filed against your property may be discharged. Payment of the agreed-upon price under the home improvement contract prior to filing of a Mechanic’s Lien may invalidate such lien. The owner may contact an attorney to determine his rights to discharge a Mechanic’s Lien.
Acceptance
By signing the quotation, approving it electronically, or submitting any deposit or payment, the customer acknowledges and agrees to the quotation and these Terms and Conditions.