Terms & Conditions
Thank you for entrusting Legacy Home Remodeling Inc. (the “Company”) with your home remodeling project.
Please note that all materials and services to be provided to you are subject to the Terms and Conditions outlined below. By tendering a deposit payment, partial payment, or full payment by cash, check, or credit card, you are acknowledging, agreeing to, and accepting the Terms and Conditions of Services, whether or not you sign the acknowledgement below.
All work shall be performed in a workmanlike manner in accordance with industry standards.
Customer shall provide the Company with access to the project site and all information the Company needs to complete the work to be performed.
The Company may, without cost to Customer, erect a sign at job site measuring no more than 2’x3’ bearing the Company name, address, logo, phone number, and web site information.
Customer shall provide a deposit equal to 25% of the estimate before work will commence. If after the deposit has been paid and work commences Customer elects not to proceed with the project, the Company shall be entitled to keep the deposit. If after the deposit is received by the Company, the Company elects to not take on the project, the Company shall refund the deposit to the Customer.
Estimates are only for the purpose of informing the Customer of the potential cost of the work to be performed. Customer acknowledges and agrees that such estimates are not binding, and that actual costs or fees may be more or less than reflected on an estimate.
Despite best efforts to provide an exact cost estimate, Customer acknowledges that once the work is in process unexpected or unpredictable conditions can occur that were not previously known to the Company or the Customer. In such circumstances the Company will provide Customer with a revised estimate to perform all work needed to complete the project. If Customer approves the revised estimate, the Company will continue with the project as soon as is practical given the current work schedule. The Customer understands that in some circumstances this may mean a delay of up to two (2) weeks. If the Customer elects to not proceed with the project, the Company has the right to stop work on the project and be paid for all work performed and materials furnished by the Company up to that point in time. In the event that the Company has received more money from the Customer than the value of the work and materials provided, the Company will refund the difference to the Customer within seven (7) days after Customer elects to not have the additional work performed.
Customer understand and acknowledges that Customer is responsible for all costs associated with the time Company spends readying the site to perform the work, including time spent moving furniture, clearing the area, and/or work delays caused by interruptions by Customer, such as restricting or limiting access to the site, or special precautions to be taken due to pets, children, or tenants.
In the event a Customer’s check is not honored when deposited, Customer shall pay the Company twenty dollars ($20.00) for the retuned check fee (charged by the Company’s bank) and thirty dollars ($30.00) for an administrative fee, for a total of fifty dollars ($50.00). This amount is in addition to the face value of the returned check and in additional to all other sums due to the Company by Customer.
Customer may designate an agent to act on the Customer’s behalf with respect to the work to be performed. The decision of the Customer’s agent will be binding on the Customer. The Customer or agent shall render decisions in a timely manner in order to avoid unnecessary or unreasonable delay in the orderly and sequential progress of the work to be performed.
The Company shall not be held responsible for paint colors, stains, materials, or designs that may later become undesirable or inconvenient. The Customer understands that all such items reflect the opinion and tastes of the Customer, as selected by the Customer or interpreted by the Company based on the Customer’s needs and goals. After approval is given by Customer for any portion of the project for which service has been rendered, whether labor or materials, any additional costs incurred to change or modify the design or scope of work or to exchange or return materials shall be paid exclusively by the Customer.
Prompt written notice shall be given by the Customer to the Company if the Customer becomes aware of any fault or defect in the work being performed or the materials procured.
Customer shall pay all additional costs associated with time spent by the Company shopping for materials on behalf of the Customer, including travel time between the store and the project site.
Customer shall prepare the area of the Property where demolition work will be performed by removing from that area all items that the Customer does not want discarded. Such items include, but are not limited to, furniture, window treatments, lighting fixtures, pictures, wall coverings, appliances, exercise equipment, electronics, and clothing. Unless an item has been identified in writing as an item that should remain after demolition, all items will be removed and discarded as part of the demolition process. The Company shall not be liable for the cost to repair or replace any discarded item that was not previously identified as an item that should remain after demolition.
The Company will not mark up the price of materials purchased by the Company on behalf of the Customer to complete the project. All such costs will be pass-through dollar-for-dollar, including any sales taxes paid by the Company. To the extent that all or any portion of the materials necessary to complete the project cost more than estimated, Customer shall be responsible for the exact cost of the materials.
The Company is not responsible for labor charges associated with replacing or repairing defective or broken materials procured by Customer. Customer shall be liable for all such labor charges, including the time and cost associated with procuring a replacement item by the Company on behalf of the Customer.
Shipping charges for materials are not often available at the time of estimate. If shipping charges are not available, the Customer agrees to pay all applicable shipping charges, even if such charges were not included in the estimate reviewed and approved by the Customer.
The Company shall not be responsible for determining if permits, variances, HOA approval, or government approval are required in order to complete the scope of work to be performed, nor shall the Company be required to obtain such permits or approval.
The obligations of the Company shall be suspended during the time and to the extent that Company is prevented from complying with the terms of the Contract due to an event or circumstances beyond the control and without the fault or negligence of the Company (which circumstance is hereinafter referred to as "Force Majeure"), including but not limited to accidents, perils of navigation, floods, fire, storms, earthquakes, explosions, hostilities, war (whether declared or undeclared), acts of terrorism, civil disturbances, orders or acts of any government (whether de jure or de facto) or any official purporting to act under authority of any such government, illegality arising from domestic or foreign laws or regulations, insurrections, supply chain disruptions or delays, shipping delays, quarantine or custom restrictions, pandemics, strikes, lockouts, or other labor difficulty affecting the parties, or acts of God or other similar events beyond the reasonable control of the Company resulting in hindrance of the performance by the Company of its obligations. In the event that any Force Majeure circumstance cannot be removed or overcome within sixty (60) days, then either party may, at the expiration of such period by notice to the other party, terminate this Agreement and the Company shall not be liable to the Customer for damages arising out of the non-performance caused by Force Majeure.
Due to the ongoing disruptions caused by the COVID-19 pandemic, potential increases in material price, as well as delayed shipments may occur as the demand continues to increase amidst shortage in supply. Because of this, the Company cannot guarantee pricing or quotes prior to material purchase, nor can the Company guarantee accurate install dates. All pricing and install dates are subject to change at any given time. The Company is not held responsible for the delay in shipment of materials nor any and all material price increases.
Customer shall indemnify and hold harmless the Company, its officers, directors, shareholders, employees, agents, and subcontractors, from all claims, losses, damages, liabilities, costs, and expenses (including all attorney’s fees and costs) of personal injury or property damage (not caused by the sole negligence or intentional acts of the Company) resulting from (i) Customer’s modification of materials furnished or work performed, (ii) any claims or suits arising from or related to an alleged or actual defect in any product where the product has been manufactured by a third party.
If the Customer supplies any materials, or equipment, and or, accessories to be utilized in the work to be performed, Company shall not be responsible for any defects thereto, nor the quality thereof, it being agreed that Company shall accept such materials, and accessories, in the condition in which it is delivered to be utilized in the execution of the Work. Extra costs incurred through the use of defective materials or equipment supplied by Customer shall be the sole responsibility of the Customer.
Customer consents to allow the Company or the Company’s representatives to photograph the Property before work commences, while work is ongoing, and after completion. In the event that the Company elects to use a professional freelance photographer to photograph the completed Work, Customer shall allow the photographer access to the Property for this purpose at a mutually convenient time and date to be agreed upon by Customer and the Company no later than thirty (30) days after completion of the Work. Customer consents to allow the Company to use the photographs for the Company’s business purposes, which includes, but is not limited to, sample books and website galleries and advertising, but the Company shall not disclose the Property location or the identity of the Customer without the Customers prior written consent.
In the event that Customer breaches all or any portions of these Terms and Conditions and/or fails to remedy the breach before the expiration of any cure period offered by the Company, Customer shall be liable for all of the Company’s costs and expenses (including, without limitation, attorneys’ fees, court costs, process server fees, and all related disbursements) incurred by the Company to enforce the Company’s rights.
Any amount not paid within seven (7) days of becoming due shall accrue a late penalty of Fifty Dollars ($50.00). Each month thereafter an additional One Hundred Dollar ($100.00) late charge will accrue until the past due balance is paid in full. In addition to all of its other legal rights, the Company shall also be entitled to withhold delivery of materials, merchandise or the performance of services should Customer fail to make timely payments to the Company.
Any action arising out of a breach of the Terms and Condition of Sale shall be brought exclusively in the Supreme Court of the State of New York, County of Nassau, and the Parties hereby consent to the jurisdiction of such Court for that purpose, agree that it is a convenient forum, and unconditionally waive all rights to make any argument to the Court based on the doctrine of forum non-conveniens, removal, or any similar doctrine.
The Terms and Conditions of Sale shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any choice of principles.
Effective March 26, 2024.