PERIDOT ASSIST – STANDARD TERMS AND CONDITIONS

Effective Date:12/19/2023

1. Definitions

A. “Company” means Peridot Assist, LLC, a Georgia licensed general contracting company.

B. “Customer” means the property owner and/or their authorized agent, representative, employee, contractor, or subcontractor requesting the Company provide labor, services, and/or materials.

C. “Property” means the premises and parcel of land to which the Company has been contracted to provide Work.

D. “Residence” means a single-family home, duplex, triplex, quadruplex, or residential unit intended for use as a dwelling.

E. “Work” means all labor, materials, services, improvements, goods, and incidental activities furnished by the Company under this Contract.

F. “Contract” means the signed agreement (including these Terms & Conditions, estimates, invoices, and change orders) between Company and Customer for the performance of Work.

G. “Invoice” means any written, electronic, or oral communication documenting the Work, labor, or materials to be provided.

H. “Substantial Completion” means the stage of the Work where the Work is sufficiently complete so that the Property may be used for its intended purpose.

I. “Completion” means final completion of the Work including all change orders and punch list items, except for warranty service.

2. General

A. These Terms & Conditions apply to all agreements for construction, repairs, remodels, maintenance, replacements, and related Work performed by Company. Any modification must be in writing and signed by both parties.

B. Binding Effect of Terms: By requesting or authorizing Company to perform Work, signing a Contract, approving an estimate, making payment, or otherwise permitting Company to commence Work on the Property, Customer acknowledges and agrees that these Standard Terms & Conditions are incorporated by reference into every Contract, Invoice, estimate, change order, and agreement between the parties, whether written or oral.

C. Estimates are valid for ten (10) days. Prices may change until a written Contract is executed by Company.

D. If concealed or unknown conditions are encountered (e.g., rot, mold, asbestos, structural damage), or if material costs increase by more than 10% due to market factors outside Company’s control, the Contract price and schedule shall be equitably adjusted.

E. All labor and materials shall be supplied by Company unless otherwise agreed in writing. No outside contractors may perform Work on the Property while Company is on site without Company’s prior written consent.

F. Customer shall not interfere with Work in progress and must coordinate access to the Property with Company.

3. Insurance and Risk Allocation

A. Company Insurance: Company maintains a general liability insurance policy of at least 1,000,000.

B. Customer Insurance: Customer must maintain property insurance covering existing structures and the value of the Work. Company shall be named as an additional insured on all applicable policies.

C. Waiver of Subrogation: To the extent permitted by law, both parties waive rights of recovery against each other for damages covered by insurance.

D. Indemnification: Customer shall indemnify and hold harmless Company, its officers, employees, and subcontractors, from and against any claims, damages, or costs (including attorney’s fees) arising out of hazardous conditions on the Property, Customer-hired contractors, or Customer’s negligence or breach of this Contract.

4. Payment

A. Payment schedule (unless otherwise agreed in writing):

   - 50% deposit due before commencement of Work (non-refundable mobilization fee).

   - 25% due upon completion of drywall/wallboard installation.

   - 20% due upon completion of finishes install..

   - Final balance due upon Completion of punchlist and final walkthrough.

B. Late Payments: Payments not received within 5 days of invoice date accrue interest at 5% per month or the maximum legal rate, whichever is less.

C. Company may suspend Work if payment is not received.

D. Title to all materials remains with Company until full payment is received.

5. Permits and Approvals

A. Company will obtain necessary building permits and schedule required inspections.

B. Customer is responsible for costs of permits, surveys, easements, HOA approvals, and any zoning approvals.

C. Company is not responsible for delays caused by permitting authorities, inspectors, or code changes.

6. Mechanic’s and Materialman’s Lien Rights (Georgia Law)

A. Under O.C.G.A. § 44-14-360 et seq., Company has the right to file a lien on the Property for unpaid amounts.

B. Customer agrees to execute any documents necessary for Company to perfect its lien rights.

C. Customer acknowledges that liens may encumber the Property and affect title and financing.

7. Warranty

A. Unless otherwise stated in writing, Company warrants that:

   - Work will be performed in a good and workmanlike manner consistent with industry standards.

   - Materials will be new and of good quality unless otherwise specified.

B. Warranty Periods:

   - One (1) year of workmanship starts from the day of the final walkthrough.

   - Manufacturer warranties on equipment, appliances, and products are passed through to Customer.

C. Warranty applies only to areas directly worked on by Company.

D. Warranty does not cover: normal wear and tear, misuse, neglect, maintenance issues, or defects caused by others.

E. Warranty claims must be submitted in writing within the warranty period.

F. Warranty coverage is expressly conditioned upon full payment of all amounts due under this Contract, including any change orders and supplements. Warranty shall be suspended during any period of non-payment. If Customer pays all outstanding amounts within sixty (60) days of the due date, warranty coverage shall be reinstated, provided that the warranty period continues to run from the date of Completion and is not extended by such suspension. Failure to pay in full within sixty (60) days of the due date shall permanently void all warranties provided by Company.

G. Post-Installation Damage

Company is not responsible for damage to Work, materials, or equipment after installation caused by Customer, occupants, guests, pets, or third parties. 

H. Photographic Evidence of Condition

Company documents its Work with photographs and/or video at the time of installation and/or Substantial Completion. Such documentation shall be deemed conclusive evidence of the condition of the Work and materials at the time of installation. If Customer later alleges that Work or materials were delivered or installed in a defective or damaged condition, Company’s photographic or video evidence shall control. Any damage appearing after such documentation shall be deemed to have occurred after installation and is the sole responsibility of Customer.

8. Time of Completion

A. Company will use reasonable efforts to complete the Work within the estimated timeframe, subject to delays beyond its control (including weather, supply chain disruptions, permitting delays, or force majeure events).

B. Change orders automatically extend the schedule by a reasonable period.

9. Termination

A. Company may terminate this Contract upon Customer’s breach (including non-payment or denial of access). Customer shall pay for all Work performed to date plus Company’s reasonable overhead and profit on unperformed Work.

B. Customer may terminate for convenience with ten (10) days’ written notice, but must pay for all Work performed, costs incurred, and a 15% termination fee on the remaining Contract balance.

10. Limitation of Liability

A. To the fullest extent permitted by law, Company shall not be liable for consequential damages, lost profits, diminution in property value, or any damages in excess of the Contract price actually paid.

11. Governing Law and Dispute Resolution

A. This Contract shall be governed by the laws of the State of Georgia.

B. Any dispute shall first be submitted to good-faith mediation in the county where the Property is located. If unresolved, disputes shall be litigated exclusively in the state or superior courts of the same county.

C. The prevailing party shall be entitled to recover reasonable attorney’s fees, costs, and expenses.

12. Miscellaneous

A. These Terms & Conditions are valid for all Contracts, Invoices, and change orders issued by Company as of the Effective Date.

B. If any provision is held invalid, the remainder shall remain in full force.

C. This document, together with the signed Contract and any change orders, constitutes the entire agreement between the parties.

13. Change Orders

A. Any modification to the Work must be documented in a written change order signed by both Customer and Company. Verbal instructions or side agreements shall not be binding unless confirmed in writing.

B. Each change order shall state the additional Work, adjustments to the Contract Sum, and adjustments to the Contract Time.

C. Customer acknowledges that no additional Work will be performed until the change order is signed and any required additional deposit is paid.

D. All change orders are deemed part of the Contract and subject to these Terms & Conditions.

14. Customer-Supplied Materials

A. If Customer provides any materials, fixtures, appliances, or products (“Customer-Supplied Items”) for installation, Company’s responsibility is limited to the labor of installation only.

B. Company makes no warranty, express or implied, regarding the quality, code compliance, compatibility, or performance of Customer-Supplied Items. Customer assumes full responsibility for defects, failures, or damages arising from such items.

C. If Customer-Supplied Items are defective, incompatible, not delivered on time, or otherwise cause delays, Customer shall bear all resulting costs, including additional labor, storage, handling, and scheduling delays.

D. Customer acknowledges that installation of Customer-Supplied Items is done solely as a courtesy, and all manufacturer warranties and liabilities remain with Customer.

15. Insurance Deductibles

A. Customer acknowledges and agrees that Customer is solely responsible for payment of all insurance policy deductibles. Deductibles are due to Company prior to commencement of Work unless otherwise agreed in writing.

B. Company shall not be required to begin Work until Customer has paid the deductible in full.

16. Insurance Proceeds and Supplemental Work

A. Customer authorizes Company to communicate directly with Customer’s insurance company and/or adjuster regarding the scope of Work, pricing, and supplements, and to submit supplemental requests for additional covered damages.

B. Customer agrees to sign all documents reasonably necessary for Company to pursue supplements, including Direction of Payment forms, Work Authorizations, and Change Orders.

C. Customer agrees that all supplemental funds issued by the insurance company for additional Work shall be payable to and assigned to Company, and such Work shall automatically be added to the Contract as a Change Order.

D. In the event supplemental items are not approved by insurance, Customer may elect to pay for such Work directly under a separate Change Order.

17. Final Acceptance of Work

Customer’s completion of the final walkthrough, payment of the final invoice, or occupancy/use of the Property shall constitute conclusive acceptance that all Work was performed in accordance with the Contract. Any claims of defect, damage, or non-conformance not raised in writing within five (5) days of the final walkthrough shall be deemed waived.

18. Dispute of Charges & Chargebacks

A. Customer agrees not to initiate any credit card chargeback, ACH reversal, or payment dispute for Work completed in accordance with this Contract.
B. In the event of a chargeback or reversal, Company shall be entitled to recover the disputed amount, plus any fees, attorney’s fees, and costs incurred in defending against the chargeback, through lien rights, court action, or other legal remedies.
C. Partial non-payment or unilateral deductions by Customer are prohibited. If Customer believes Work is incomplete or defective, the sole remedy is to notify Company in writing and allow Company a reasonable opportunity to cure.

19. Documentation as Evidence

Company’s project documentation, including signed proposals, change orders, invoices, photographs, videos, site logs, and communications, shall be deemed accurate and binding evidence of the Work performed, unless Customer provides clear and convincing evidence to the contrary.