Terms and Conditions
1. Estimates and Acceptance
All estimates are provided in good faith based on the information available at the time of inspection.
Unless otherwise stated:
- -Estimates are valid for thirty (30) days.
- -Pricing is subject to change after expiration.
- -Work will not begin until the estimate is approved and any required deposit has been received.
- -Acceptance of an estimate constitutes acceptance of these Terms of Service.
2. Scope of Work
Our work includes only the services specifically listed in the approved estimate or proposal. Items not specifically listed are excluded.
Examples include but are not limited to:
- -Painting not listed
- -Drywall repair outside work area
- -Landscaping
- -Cleaning beyond standard jobsite cleanup
- -Permit fees unless specifically included
- -Utility company charges
- -Engineering or architectural services
3. Change Orders
Any modification to the original scope of work requires approval by both parties.
Change orders may affect:
- -Project cost
- -Completion date
- -Materials
- -Labor requirements
Verbal requests may not be sufficient. We reserve the right to require written approval before additional work begins.
4. Payment Terms
Unless otherwise agreed:
- -Deposits are due before scheduling.
- -Progress payments are due according to project milestones.
- -Final payment is due immediately upon substantial completion.
Failure to make payments when due may result in:
- -Suspension of work
- -Rescheduling of the project
- -Late payment charges permitted by Ohio law
- -Collection costs, attorney fees where permitted, and lien rights
Returned checks are subject to applicable fees.
5. Customer-Supplied Materials
Customers may elect to purchase their own materials.
If customer-supplied materials are used:
- -Valens Construction does not warranty those materials.
- -Delays caused by unavailable materials are the customer's responsibility.
- -Additional labor resulting from defective materials will be billed separately.
- -Manufacturer warranties remain solely between the customer and manufacturer.
6. Materials Purchased by Valens Construction
Materials purchased by Valens Construction remain the property of the Company until paid in full. Manufacturer warranties will be transferred to the customer when available.
7. Scheduling
Project schedules are estimates only.
Completion dates may change due to:
- -Weather
- -Permit delays
- -Inspection delays
- -Material shortages
- -Manufacturer backorders
- -Hidden structural conditions
- -Utility interruptions
- -Customer-requested changes
- -Other events outside our reasonable control
These events shall not constitute breach of contract.
8. Customer Responsibilities
The customer agrees to:
- -Provide reasonable access to the property.
- -Maintain working utilities unless otherwise agreed.
- -Remove valuable or fragile items from work areas.
- -Secure pets during construction.
- -Notify us of known hazards before work begins.
Delays caused by lack of access may result in additional charges.
9. Hidden Conditions
Construction projects occasionally reveal concealed conditions that were not visible during estimating.
Examples include:
- -Water damage
- -Rot
- -Mold
- -Insect damage
- -Structural deficiencies
- -Plumbing issues
- -Electrical code violations
- -Asbestos
- -Lead paint
- -Foundation problems
If concealed conditions are discovered:
- -Work may temporarily stop.
- -Additional pricing will be provided.
- -Work will resume after approval.
10. Permits and Inspections
Unless specifically included in the proposal:
- Permit fees are not included.
- Inspection fees are not included.
- Engineering requirements are not included.
Where permits are included, Valens Construction will obtain the required permits unless otherwise agreed.
11. Jobsite Safety
The customer agrees to keep unauthorized persons away from active work areas. Children and pets should remain outside construction zones at all times. Valens Construction is not responsible for injuries resulting from unauthorized entry into work areas.
12. Cleanup
Daily cleanup consists of general removal of construction debris from active work areas. Professional deep cleaning is not included unless specifically listed.
13. Warranty
Workmanship Warranty
Valens Construction warrants its workmanship for one (1) year from substantial completion. This warranty covers defects resulting directly from our workmanship.
Materials
Materials supplied by Valens Construction are covered by the applicable manufacturer's warranty. If Valens Construction supplied both the labor and materials, labor required to replace defective materials is covered during the one-year workmanship warranty period unless excluded by the manufacturer.
Customer-Supplied Materials
No labor warranty applies to customer-supplied materials. Only the manufacturer's warranty, if any, applies.
Warranty Exclusions
This warranty does not cover:
- -Normal wear and tear
- -Acts of God
- -Floods
- -Fire
- -Lightning
- -Storm damage
- -Improper maintenance
- -Abuse
- -Neglect
- -Structural movement
- -Foundation settling
- -Work performed by others
- -Customer modifications
- -Damage caused by third parties
14. Insurance
Valens Construction maintains applicable insurance coverage as required by law. Proof of insurance is available upon request.
15. Cancellation
Customers may cancel prior to work beginning. However, deposits may be partially or fully non-refundable if:
- -Materials have been ordered
- -Special-order items have been purchased
- -Permits have been obtained
- -Labor has been scheduled
- -Engineering services have been completed
16. Delays Beyond Our Control
Valens Construction is not responsible for delays resulting from circumstances beyond our reasonable control, including but not limited to:
- -Natural disasters
- -Labor shortages
- -Supply chain disruptions
- -Government actions
- -Utility outages
- -Severe weather
- -Material backorders
17. Photography
Unless the customer requests otherwise in writing, Valens Construction may photograph completed work for:
- -Portfolio purposes
- -Marketing
- -Website
- -Social media
- -Educational materials
Customer names, addresses, and identifying information will not be published without permission.
18. Limitation of Liability
To the maximum extent permitted by law, Valens Construction's liability shall not exceed the total amount paid under the applicable contract. Under no circumstances shall Valens Construction be liable for indirect, incidental, special, consequential, or punitive damages.
19. Dispute Resolution
The parties agree to first attempt to resolve disputes through good-faith negotiations. If a dispute cannot be resolved, the parties agree to submit the matter to mediation before filing litigation, unless immediate legal action is necessary to preserve rights. Venue shall be in the State of Ohio.
20. Governing Law
These Terms shall be governed by and interpreted under the laws of the State of Ohio.
21. Severability
If any provision of these Terms is found unenforceable, the remaining provisions shall remain in full force and effect.
22. Entire Agreement
These Terms, together with any signed estimate, proposal, or contract, constitute the entire agreement between the parties. No verbal statements or prior discussions shall modify these Terms unless confirmed in writing.
23. Contact Information
Valens Construction
Phone: 513-678-6635
Email: jesse@valensconstruction.com
Website: www.valensconstruction.com
Business Address: 6115 Blueberry Dr Hamilton, OH 45011
