GENERAL TERMS AND CONDITIONS

FOR WEATHERWIZE LLC

1. Weatherwize LLC will provide its services in a workmanlike manner, in accordance with established industry standards.
2. Weatherwize LLC shall endeavor to provide quality products and services at a reasonable price.
3. WEATHERWIZE LLC WARRANTS FOR SIX (6) MONTHS AFTER COMPLETION OF THE WORK, THAT THE MATERIALS USED IN THE CONSTRUCTION COMPLY WITH MINIMUM INDUSTRY STANDARDS. IF THE MATERIALS FAIL TO COMPLY WITH MINIMUM INDUSTRY STANDARDS, WEATHERWIZE LLC WILL REPAIR SUCH WORK IN COMPLIANCE WITH INDUSTRY STANDARDS. IF OWNER HAS AN ALTERNATE CONTRACTOR REPAIR UNSATISFACTORY WORK, THIS WARRANTY IS VOID AND WEATHERWIZE LLC IS UNDER NO OBLIGATION TO PAY SUCH ALTERNATE CONTRACTOR. WEATHERWIZE LLC WAIVES ALL OTHER WARRANTIES, TO INCLUDE THE WARRANTY OF MERCHANTABILITY AND THE WARRANTY OF FITNESS FOR PURPOSE
4. Weatherwize LLC does not warrant products that are generally purchased from suppliers or stores. Warranties for those products, if any, are provided from the manufacturer and/or supplier. Weatherwize LLC assigns all warranties for products purchased, to the extent allowed, to customer.
5. The limit of damages and warranty by Weatherwize LLC is the amount paid by the customer to Weatherwize LLC. Damages are also limited to actual damages and Weatherwize LLC is not liable for any consequential or incidental damages flowing from the alleged defect in materials or service.
6. Customers understand and accept that our services may involve heavy equipment and could potentially cause damage to property due to their weight. Customers accept this risk and hold Weatherwize LLC harmless from any damage occurring from the weight of equipment.
7. All contractual obligations of Weatherwize LLC shall be interpreted under the laws of the State of Michigan, with exclusive venue in Mackinac County, Michigan.
8. If the customer fails to pay for the services and products provided by Weatherwize LLC, then the customer shall be responsible for all legal costs, including reasonable attorney fees, incurred by Weatherwize LLC in bringing an action for breach of contract or any other related legal action.
9. The Proposal provided and these General Terms and Conditions together represent the entire understanding of the parties. The Proposal and these General Terms and Conditions may only be modified in a writing, signed by all parties. Oral promises are void ab initio. Additional work will not proceed without a Change Order signed by Weatherwize LLC.
10. The effective date of the parties' agreement is the date the customer signs the Proposal. The parties agree to treat electronic acknowledgments as original execution, including via facsimile, email, or other electronic device.
11. Prior to the customer's signature on the Proposal (aka acceptance), the Proposal is deemed to be an offer by Weatherwize LLC. The offer shall remain effective for 30 days from the date thereon.
12. Proposals are subject to reasonable and common site conditions. If unusual site conditions are encountered, to include underground rock formations and underground water sources, that were not known at the time of providing the Proposal and which pose special problems, then Weatherwize LLC shall have the right to terminate the Proposal in writing and be compensated for work provided up to the date of termination. Weatherwize LLC shall inform the customer immediately upon discovering such unusual site conditions.