Article 1. Information upon which our services are based 

1.1 Any contractors Zero hires, shall complete the work described in the Contract Documents for the Project. The Contract Documents consist of: 

•  This Agreement, signed by Customer and Zero; and 

• Written orders for changes in the work, pursuant to Article 6, issued after execution of this Agreement

Each Contractor provides a workmanship and labor warranty for 1 year to The Customer. 

Article 2. Contract Time 

2.1 The work shall commence immediately and will be completed within 8 weeks of contract signature. Dates are subject to adjustments as provided in the Contract Documents. 

2.2 If Zero is delayed at any time in the commencement or progress of the work by changes ordered in the work, or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties, discovery of hazardous materials, or other causes beyond Zero’s control, the Contract Time shall be subject to equitable adjustment. 

Article 3. Contract Sum and Payments 

3.1 The Customer shall pay Zero for the work in the service contract. Once your deposit is paid your service contract becomes binding.

3.2 Following Project Completion the Customer shall make all remaining payments to Zero not later than 48 hours, or two business days, whichever is longer, after Zero notifies Customer in writing that payment is due.

Article 4. Insurance 

4.1 Zero & all Contractors shall retain the following types and limits of insurance until the expiration of the period for correction of work as set forth in Section 7.3, subject to the terms & conditions set forth in this Section 4.1: 

4.1.1. Commercial General Liability insurance for the Project, written on an occurrence form, with policy limits of not less than $1 million each occurrence, $1 million general aggregate, and $1 million aggregate for products-completed operations hazard. 

4.1.2. Automobile Liability covering vehicles owned, and non-owned vehicles used, by the Subcontractors, with policy limits of not less than $500,000 per accident, for bodily injury, death of any person, and property damage arising out of the ownership, maintenance, and use of those motor vehicles along with any other statutorily required automobile coverage. 

4.1.3. Workers’ Compensation at statutory limits. 

4.1.4. Employers’ Liability with policy limits not less than $1 million each accident, $1 million each employee, and $1 million policy limit. 

4.2. The owner shall be responsible for purchasing and maintaining the Owner’s usual liability insurance and shall provide property insurance sufficient to cover the replacement value of the Owner’s property that might be damaged or destroyed and that is not otherwise covered by the Contractor’s Builder’s Risk insurance. 

Article 5. General Requirements of the work of the Contract 

5.1. Zero and all Contractors shall perform the work in accordance with the Contract Documents. 

5.2. All Contractors shall perform the work in compliance with applicable licensing requirements, laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities; property or site covenants, conditions, and restrictions; and Homeowners’ Association requirements. If the Contractors perform work contrary to any of the foregoing, each Contractors shall assume responsibility for such work and shall bear the costs attributable to correction. 

5.3. The Contractor shall be responsible to the Customer for acts and omissions of its employees, and other persons or entities, performing portions of the work, or on behalf of, Zero, all Contractors and consultants. 

5.4. Zero and all Contractors, with the assistance of the Customer, shall prepare and file documents required to obtain necessary approvals of governmental authorities having jurisdiction over the Project. 

5.5. All Contractors shall supervise and direct the work, using the Contractor’s best skill and attention. The Contractor shall be solely responsible for, and have control over, constructions means, methods, techniques, sequences, and procedures, and for coordinating all portions of the Contractor’s work. 

5.6. Unless otherwise provided in the Contract Documents, Zero shall provide for labor, materials, equipment, tools, utilities, transportation, and other facilities and services necessary for proper execution and completion of the work; and shall pay any sales, consumer, use, and similar taxes. 

5.7. Zero shall enforce strict discipline and good order among all Contractors and their employees, and other persons carrying out the work. Zero shall not permit employment or Subcontracting with unfit persons or persons not skilled in the tasks assigned to them. 

5.8. Warranty. In addition to any warranty provided by the statute, Zero warrants to the Customer that: 1) materials and equipment furnished under the Contract will be new and of good quality unless otherwise required or permitted by the Contract Documents; 2) the work will be free from defects not inherent in the quality required or permitted; and 3) the work will conform to the requirements of the Contract Documents. All other warranties required by the Contract Documents shall be issued in the name of the Customer, or shall be transferable to the Customer, and shall commence in accordance with Section 9.2.1. 

5.9. Permits, Fees, and Notices. Zero and all Contractors shall obtain and pay for the building permit and other permits and governmental fees, licenses, and inspections necessary for proper execution and completion of the work. Zero and all Contractors shall provide the Customer with copies of all permits, licenses, and inspection approvals upon request. 

5.10. Cleaning Up. Zero and all Contractors shall keep the premises and surrounding area free from accumulation of debris and trash related to work. At the completion of the work, the Contractor shall remove its tools, construction equipment, machinery, and surplus material, and shall properly dispose of waste material. 

5.11. Tests and Inspections. At the appropriate times, Zero and all Contractors shall arrange for, and bear the cost of, tests, inspections, and approvals, of portions of the work, required by the Contract Documents or by lawful requirements of public authorities. If the Customer requires additional testing, Zero and all Contractors shall arrange for the performance of those tests and the Customer shall pay for them, except as provided in Section 7.2. 

Article 6. Changes in the Work 

6.1 If additional work is required to provide the products and services agreed to in the service contract (e.g., equipment changes) as determined during the pre-installation walk-through or day of installation, Zero will incur the additional cost. Exclusions may apply:

6.1.1 If concealed or unknown physical conditions are encountered at the site that differ materially from those indicated in the Contract Documents or from those conditions ordinarily found to exist, the Contract Sum and Contract Time shall be subject to equitable adjustment. 

6.1.2 The Customer and Zero may agree in writing upon changes in the work within the general scope of the Contract consisting of additions, deletions, or other revisions, with the Contract Sum and Contract Time being adjusted accordingly in writing. If the Customer and Zero cannot agree to a change in the Contract Sum, the Customer shall pay Zero its actual cost plus reasonable overhead and profit. 

Article 7. Rejection and correction of work 

7.1. The Customer may reject work that does not conform to the Contract Documents and may require inspection or testing of the work. If the Contract Documents reference a standard for performance or quality of the work, failure to meet the standard shall be considered to be non-conforming work. 

7.2. Zero and all Contractors shall promptly correct work rejected by the Customer as failing to conform to the requirements of the Contract Documents. Zero shall bear the cost of correcting such rejected work, including the costs of uncovering, replacement, and additional testing. 

7.3. In addition to Zero’s other obligations, including warranties under the Contract, Zero shall, for a period of one year after Completion, correct work not conforming to the requirements of the Contract Documents. 

Article 8. Owner responsibilities 

8.1. The Owner shall furnish information about property or site covenants, conditions, and restrictions; Homeowners’ Association requirements; any other special characteristics or requirements of the Project; and necessary surveys if identified by Zero and its Subcontractors. The Customer shall promptly obtain easements, zoning variances, or other legal authorizations where required for the Project. 

8.2. The Customer shall provide decisions and furnish required information as expeditiously as necessary for the orderly progress of the Project. Zero shall be entitled to rely on the accuracy and completeness of the Customer’s information. The Customer shall furnish consulting services not provided by Zero that are reasonably required for the Project. 

Article 9. Payment requirements and completion

9.1 Payment requirements 

9.1.1. Zero warrants that title to all work for which payment is due in accordance with the schedule set forth in Article 3, will pass to the Customer no later than the time of the payment. Zero further warrants that all work for which payments have been received from the Customer shall, to the best of Zero’s knowledge, information, and belief, be free and clear of liens, claims, security interests or other encumbrances adverse to the Customer’s interests. 

9.1.2. Upon receipt of payment from the Customer, Zero shall promptly pay each consultant, Contractor, and supplier any amount owned in accordance with the terms of the applicable contracts and purchase orders. The Customer shall have no responsibility for payments to a consultant, Contractor, or supplier, except as otherwise may be required by law. 

9.1.3. A payment, or partial or entire use or occupancy of the Project by the Customer, shall not constitute acceptance of work not in accordance with the requirements of the Contract Documents. 

9.2. Completion and Final Payment 

9.2.1. When Zero and all Contractors consider that the work is sufficiently complete for the Customer to use the work for its intended purpose, warranties required by the Contract Documents shall commence and Zero and all Contractors shall prepare and submit to the Customer a list of items to be completed or corrected prior to the final payment. The Customer will make an inspection to determine if there are any additional items to be completed or corrected that are not on Zero or any Contractors’ list. After the parties agree upon the list, Zero all Contractors shall promptly complete or correct all items on the agree-upon list. 

9.2.2. Upon receipt of notice from Zero that the final payment is due, the Customer will inspect the work. When the Customer finds the work acceptable and the Contract fully performed, the Customer will make final payment to Zero. 

Article 10. Termination of the contract 

10.1. Termination by Zero and any Contractor. If, through no fault of Zero or any Contractors, the Customer provides to make payment as provided in Article 3, Zero and its Subcontractors may, upon seven days’ written notice to the Customer, terminate the Contract and recover from the Customer payment for work executed including reasonable overhead and profit, and costs incurred by reason of such termination. 

10.2. Termination by the Owner. 

10.2.1. The Customer may terminate the Contract if Zero or any Contractor is in substantial breach of the Contract Documents. 

10.2.2. If the unpaid balance of the Contract Sums exceeds costs of finishing the work, such excess shall be paid to Zero. If such costs exceed the unpaid balance, Zero shall pay the difference to the Customer. This obligation for payment shall survive termination of the Contract. 

Article 11. Governing law

The Contract shall be governed by the law of the place where the Project is located. 

Article 12. Scope of this agreement

12.1. This Agreement represents the entire and integrated Agreement between the Customer and Zero and supersedes all prior negotiations, representations or agreements, either written or oral. This agreement may be amended only by a written instrument signed by both Customer and Zero. This Agreement entered into as of the day and year first written above. 

Article 13. Cancellation Policy 

13.1. Customer has the right to cancel this contract within THREE BUSINESS DAYS of completing your deposit after which the Customer may incur cancellation charges that will amount to no less than $500 and no more than the cost incurred to perform work up to the cancellation date. 

13.2 Zero has the right to cancel the work due to any unforeseen circumstances that would restrict the work from commencing, if any payments were made by the Customer to the Company prior to the Company having to cancel the installation, the Customer would receive a full refund from the Company.

NOTICE OF CANCELLATION FORM

You may CANCEL this transaction, without any Penalty or Obligation, within THREE BUSINESS DAYS from your initial deposit. If you cancel, any property traded in, any payments made by you under the contract or sale, and any negotiable instrument executed by you will be returned within TEN BUSINESS DAYS following receipt by the seller of your cancellation notice, and any security interest arising out of the transaction will be canceled.

If you cancel, you must make available to the seller at your residence, in substantially as good condition as when received, any goods delivered to you under this contract or sale, or you may, if you wish, comply with the instructions of the seller regarding the return shipment of the goods at the seller’s expense and risk.

If you do make the goods available to the seller and the seller does not pick them up within 20 days of the date of your Notice of Cancellation, you may retain or dispose of the goods without any further obligation. If you fail to make the goods available to the seller, or if you agree to return the goods to the seller and fail to do so, then you remain liable for performance of all obligations under the contract.

Signature:____________________________________

Date:__________________

To cancel this transaction, email a signed and dated copy of this Cancellation Notice to hello@zerohomes.io NOT LATER THAN MIDNIGHT OF 3 business days after your cancellation date.