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<br />2315 South Bascom Ave, 200 Campbell, CA 95008
<br />408.377.3099 f 408.377.2189 B-796683
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<br />execution of the Contract. If such conditions cause changes to the Work involving extra time, costs of
<br />material, labor, equipment, planning, supervision, or management, then the proposal price shall be
<br />appropriately adjusted based on the cost of additional materials and equipment, Contractor’s standard
<br />labor rates as set forth herein, and a markup of thirty percent (30%).
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<br />G. Natural Disaster. If the project is destroyed or damaged by any accident or natural disaster, fire, storm,
<br />flood, landslide, earthquake or subsidence, riot, war, Act of God, or by theft or vandalism, any work
<br />performed by Contractor in rebuilding or restoring the work shall be paid for by the Owner as an extra
<br />work order. It is agreed that if one of the above events occur and the project must be abandoned, the
<br />Contractor shall be paid the value of the work done plus 30% overhead or 30% of the full signed contract
<br />amount, whichever is more. In computing Contractor’s costs under this section, supervision, estimating
<br />time, and ordered materials shall be included as refundable costs to Contractor.
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<br />H. Safety & Security. Contractor is not responsible for stolen, damaged, or misplaced materials or
<br />equipment of any kind. It is understood and agreed that Owner will be responsible to protect, direct,
<br />store and control all materials or equipment supplied by Owner for this project. It is the Owner’s sole
<br />responsibility to direct the Work and to protect the equipment of any other contractors retained directly
<br />by Owner. Owner shall be solely responsible for safety of all children and pets, including keeping them
<br />out of the work area until final completion. Owner understands that pool, spa, and other gates and doors
<br />may be left open by Contractor during construction. Owner shall wear proper safety gear when entering
<br />the work area. When appropriate, Owner shall carry fire insurance, and “course of construction”
<br />insurance.
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<br />I. Warranty. The Contractor provides a limited one-year warranty on all workmanship. Contractor
<br />warrants to Owner that all materials and equipment furnished shall be of good quality, free from faults
<br />and defects. Contractor further warrants to Owner that the work will be performed in a good and
<br />workmanlike manner consistent with the level of workmanship ordinarily expected of other contractors
<br />performing similar work and in accordance with customarily accepted good and sound trade and
<br />professional practices and procedures for such work. THIS WARRANTY IS EXPRESSLY IN LIEU OF
<br />ALL OTHER WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, WRITTEN OR ORAL,
<br />INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY
<br />OR HABITABILITY, AND IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE,
<br />AND IS IN LIEU OF ANY OTHER OBLIGATION OR LIABILITY ON CONTRACTOR’S PART.
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<br />What the Warranty Does Not Cover: This section identifies what is not covered by this
<br />warranty. Generally, these exclusions are problems which are caused by factors out of
<br />Contractor’s control, or which are relatively minor and common in most projects.
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<br />This Contract does not include a warranty against normal wear and tear. For the
<br />purposes of this Agreement, the meaning of “normal wear and tear” shall include,
<br />without limitation, normal shrinkage (typically 1/4" to ½"), settlement, discoloration, or
<br />warping of material. No warranty is provided for natural deviations in Work or
<br />materials, such as the minor cracking of concrete, stucco and plaster, minor stress
<br />fractures in drywall due to the curing of lumber, warping and deflection of wood,
<br />shrinking/cracking of grouts and caulking, and fading of paints and finishes exposed to
<br />sunlight and weather.
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<br />Contractor is not responsible for repairing any part of the Work which Owner, Owner’s
<br />employees, agents, representatives, or other contractors have modified or added to in
<br />any way, including attempted repairs. No warranty is provided by Contractor on any
<br />DocuSign Envelope ID: 7F7BA4FE-A377-4495-B797-3B8499FD1E12
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