OWNER The term “owner” shall herein refer to all parties who have signed the contract (the “Contract”)to which these Standard Terms and Conditions are appended or incorporated by reference (the Contract and the Standard Terms and Conditions are collectively referred to herein as the “Agreement”) and any and all corporate entities listed therein. Each such entity or individual is deemed to be the receiver of services and/or materials and will be subjected to all of the obligations contained herein.
CONTRACTOR The term “Contractor” shall herein refer to James Vito, Inc. dba VITO Services
INSURANCE/ BONDS/ LICENSES/ PERMITS Contractor, at its own cost and expense, will carry all necessary worker’s compensation insurance, general liability insurance, property damage insurance, bonds, licenses and or/permits necessary to be in compliance with state, county, and or/ local ordinance. This Agreement and its Bonds will be binding upon the heirs, executors, administrators, successors and assigns of the parties hereto.
CHANGE-ORDERS/ADDITIONS & DEDUCTIONS No Alterations, except as provided for herein, shall be made in the work covered by the Agreement, except upon written order of Contractor approved by the Owner and when so made the value of the work to be added or omitted shall be stated in the change order and the amount added and/or deducted from the contract consideration. In emergencies endangering persons or property, Contractor may proceed with any such necessary change on a time-and-materials basis, to be memorialized in writing within 5 business days of completion of the emergency repair. Any such time-and-materials work shall be billed at the then-current rate schedule with markup on materials and on subcontractors consistent with market and industry standards and norms. If the parties do not execute a formal change order within 10 business days after emergency work, invoices based on contemporaneous records shall control.
TAXES AND FEES Unless specifically identified in the Contract or Change Order, all prices provided by Contractor exclude sales/use taxes, permits, and utility fees unless expressly included; such amounts shall be added to invoices.
HAZARDOUS MATERIALS The Owner hereby affirms that prior to the commencement of work by Contractor, there are no hidden or exposed toxic waste materials on site as defined pursuant to the Comprehensive Environmental Response Compensation and Liability Act (“CERCLA”) 42 U.S.C. 9601 et. Seq; Toxic Substances Control Act (“TSCA”), 15 U.S.C. 2601 et seq. And any other relevant state law and/or regulation. The Owner further acknowledges, in the event the Contractor disturbs pre-existing hazardous materials, including but not limited to asbestos, the Owner will be fully liable to the Contractor and/or others harmed as a result and Owner will bear all costs of abatement to clean the affected areas. Owner agrees to indemnify, save and hold Contractor harmless from any and all liability and/or damage for toxic waste related injuries and/or illnesses to Contractor and persons employed by Contractor and/or other parties as a result of or arising out of pre-existing hidden or exposed job site toxic wastes, except for actions performed by Contractor that are reckless or intentional. Contractor shall take all reasonable and necessary precautions for the safety of all persons employed in and/or acting as licensees or invitees to the Project. Contractor agrees to comply with all municipal, state and federal codes, laws, and ordinances, rules and regulations. “Laws” shall include federal and state tax laws, social security, worker’s compensation, unemployment, federal and state occupational safety and health acts, any condominium and homeowner regulations, if applicable, and licensing laws. If suspected hazardous materials are encountered, Contractor shall stop work in the affected area and notify Owner. Owner shall retain a qualified abatement contractor. Contractor’s schedule and price shall be equitably adjusted. Contractor has no responsibility for abatement unless expressly included.
DIFFERING SITE CONDITIONS Prior to commencing work, Contractor will perform a visual, non-destructive survey of accessible areas and identify observed deficiencies. Hidden conditions remain Owner’s risk, subject to the Differing Site Conditions clause If conditions are encountered at the site which are sub-surface or otherwise concealed physical conditions which cause the work to be performed to differ materially from what is indicated in this Agreement or unknown physical conditions exist at the site which differs materially from those ordinarily found to exist and generally recognized as inherent in the construction activities of the character provided for in the Agreement, and if the condition will increase Contractor’s cost of or time required for performance of any of the work or otherwise change or add to the work to be completed under the Agreement, the Contractor shall immediately notify the Owner in writing and an equitable adjustment in the Contract sum and/or time shall be accordingly permitted. These conditions are inclusive of but not limited to mold, asbestos, lead paint, unsuitable soil (including rock encountered in excavation for septic tank), unknown structures, environmental contamination, disposal system, sanitary sewer piping, water piping or any underground utility. Contractor shall give written notice within 3 business days after first discovery. Contractor is entitled to an equitable adjustment in time and price. Contractor shall not be required to continue work in the affected area until the adjustment is agreed or directed in writing.
EXISTING SITE CONDITIONS AND SYSTEMS Contractor shall not be responsible for any defects, failures, code violations, or deficiencies in existing site conditions or systems not installed by Contractor and not reasonably discoverable during performance of the work.
DELAYS AND FORCE MAJEURE Contractor shall not be liable to Owner or others for delays caused by weather, material shortages, materials delays, shipping delays, supply chain disruptions, utility delays, governmental actions including government shutdowns, labor shortages, labor strikes, force majeure events, pandemics, acts of Owner, or conditions beyond Contractor's reasonable control. If a force majeure event or any of the foregoing delays performance, Contractor is entitled to a time extension equal to the period of delay and to equitable adjustment for unavoidable, documented additional costs. Contractor shall give written notice within 5 business days after becoming aware of the event; however, failure to strictly comply shall not bar relief absent material prejudice.
WARRANTIES Contractor warrants to Owner that all work and materials will be in accordance with the Agreement and will not be defective as provided herein. Unless otherwise specifically stated in the Contract, the Contractor provides a 90 day warranty on its labor associated with all work performed under Agreement. Any Manufacturer Warranty provided with equipment installed at the site shall be assigned to the Owner and nothing in this section shall act to limit the Manufacturer’s warranty. This warranty excludes remedy for damage or defect caused by abuse, modifications not executed by the Contractor, improper operations beyond normal usage resulting in expected wear and tear. CONTRACTOR MAKES NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE NOR DOES THE CONTRACTOR MAKE ANY OTHER EXPRESS, IMPLIED OR STATUTORY WARRANTIES OF ANY KIND. Contractor shall not be liable for any incidental or consequential damages, whether or not arising out of any defect, delay, non-delivery, shortage, negligence or strict liability. Contractor’s maximum liability for defective materials shall not in any case exceed the Contract price for the value of the goods claimed to be defective or unsuitable for placement thereof. Owner shall notify Contractor in writing of any claimed warranty defect within a reasonable time after discovery and allow Contractor a reasonable opportunity to inspect and correct the condition. Notice must be provided to the Contractor during the provided warranty period.
DISPUTE RESOLUTION All disputes or claims arising by virtue of this Agreement or work on the Project shall be submitted to arbitration in accordance with the provisions then existing for the American Arbitration Association (“AAA”). In the event arbitration is elected as provided for above, this Agreement shall be specifically enforceable under the prevailing arbitration law and judgment upon the award rendered may be entered in any court or the forum having jurisdiction. The Contractor’s rights shall be cumulative and in addition to and not in limitation of all other legal or equitable rights and remedies under this Agreement. The parties hereby waive any and all right to trial by jury, in any action commenced by either party with respect to this Agreement or any matter arising out of this Agreement of any matter in relation to work, labor, services or materials furnished.
JURISDICTION VENUE This Agreement shall be governed by the laws of the State of Maryland. Any court proceedings, arbitrations, enforcement of this Agreement or collection actions shall be brought exclusively in the in Montgomery County, Maryland. The Owner further consents to and shall not contest or challenge the court’s personal jurisdiction over the Owner.
PAYMENT/DEFAULT Payments to Contractor are due 30 days from the invoice date unless otherwise noted herein. Any payment past due shall be deemed a default. The breach of any provision of this Agreement will constitute default which includes, but is not limited to, the insolvency of the Owner, voluntary or involuntary filing of bankruptcy by the Owner or a receiver to be appointed for the Owner by any court of competent jurisdiction. Any failure of Owner to provide Contractor reasonable access to the site, utilities, and working conditions necessary to perform the work shall further constitute a default by the Owner. In the event of default, the Contractor shall be entitled to terminate this Agreement. The defaulting Owner shall pay all expenses, cost and reasonable attorney’s associated with recovering sums owed to Contractor, including but not limited to fees for trial, appeal or other action caused by Owner’s default, in addition to any loss or damage caused thereby, with interest which shall accrue on the total sum at the lesser of 1.5% per month or the maximum rate permitted by applicable law. Payment of all or part of the specified items does not relieve the defaulting party of its obligation to perform. In the event of a default by Owner for failure to make a payment when due as provided in the contract, Contractor may suspend work upon 7 days written notice to the Owner of missed payment and intent to suspend work. In the event Contractor suspends work under the Contract, the Contractor shall not be responsible for any delay damages or any related damages resulting in whole or in part from such suspension of Contractor’s work. In the event additional damages or costs are incurred by the Contractor as a result of such suspension, such costs and damages shall be borne by the Owner and payable to Contractor on demand. All materials and equipment provided, supplied, or delivered to the site shall remain the property of the Contractor, until Contractor has received payment in full.
TERMINATION If work is stopped due to no act or fault of the Contractor, Contractor upon written notice by first class mail to the Owner’s last known mailing address, may terminate the Contract and recover from the Owner payment for all work executed and for any proven loss sustained upon any materials, equipment, tools, construction equipment and machinery including profit and damages.
CONTRACTOR’S LIABILITY Contractor will only be liable for the work included in the Contract and/or change orders made by its agent if, and only if, the agent has express authority to enter into the aforementioned agreement with the Owner. Furthermore, to the fullest extent permitted by law the total aggregate liability of the Contractor arising out of or related to this Agreement is limited to and shall not exceed the amount actually paid to Contractor under this Agreement. This limitation shall apply to any claim or any theory of liability, including, but not limited to, negligence, intentional torts, breach of contract or quasi-contract.
HOOK-UP FEES Contractor will give to proper authorities all requisite notices relating to the work. However, Owner will procure and pay for all necessary official licenses, permits, tapping fees, utility fees or costs for relocating utility sources or utility obstructions in order to carry on the work. In the event that Contractor is required by law or otherwise agrees to obtain such license or permit, Owner shall reimburse Contractor for all such fees and costs not specifically included in the price of the Contract. Any and all transportation tax, sales tax, or any other tax that might accrue for the purchase of materials or amounts paid for labor by Contractor or occasioned by Contractor’s performance of this Agreement, shall be borne and paid for by the Owner unless otherwise noted herein.
INDEMNIFICATION Owner hereby agrees to indemnify Contractor for any third-party claims made pursuant to the terms of this Agreement that do not arise solely from the Contractor’s negligence, gross negligence, or willful misconduct.
SEVERABILITY In the event any provision of this Agreement is held to be unenforceable, then the balance of the Agreement shall survive. Time is of the essence.
INTEGRATION CLAUSE This Agreement contains the entire understanding between the parties and no prior written or oral proposal, agreements, representations or statements made by any of Contractor’s officers, or agents, before execution of this Agreement are valid unless the provisions of this Agreement shall be binding upon Owner if set forth in writing. The Contractor shall not negotiate any changes with anyone except the Owner or his authorized representative.
Website Terms & Conditions
1. Terms
By accessing this website, you are agreeing to be bound by these website Terms and Conditions of Use, all applicable laws, and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.
2. Use License
Permission is granted to temporarily download one copy of the materials (information or software) on Vito Services website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license, you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on Vito Services website;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or "mirror" the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Vito Services at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
3. Disclaimer
The materials on Vito Services website are provided "as is". Vito Services makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Vito Services does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
4. Limitations
In no event shall Vito Services or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Vito Services Internet site, even if Vito Services or a Vito Services authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
5. Revisions and Errata
The materials appearing on Vito Services website could include technical, typographical, or photographic errors. Vito Services does not warrant that any of the materials on its website are accurate, complete, or current. Vito Services may make changes to the materials contained on its website at any time without notice. Vito Services does not, however, make any commitment to update the materials.
6. Links
Vito Services has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Vito Services of the site. Use of any such linked website is at the user's own risk.
7. Site Terms of Use Modifications
Vito Services may revise these terms of use for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these Terms and Conditions of Use.
8. Governing Law
Any claim relating to Vito Services website shall be governed by the laws of Maryland in without regard to its conflict of law provisions.
9. SMS/MMS Program Terms and Conditions
- Program description: When opted-in, you will receive text messages (SMS/MMS) to your mobile number. These kinds of messages may include response to a quote, estimate, or service inquiry, real-time texts to ask and answer questions about our services and pricing, appointment scheduling and confirmations, feedback requests, project updates, follow up.
- Program frequency: You can expect to receive 8 messages per month from us.
- Opt out: You can opt out of this service at any time. Just text “STOP” to the phone number. After you text “STOP” to us, we will send you an SMS reply to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time or text “START,” and we will start sending SMS messages to you again.
- Verbal Opt in: Vito Services will be collecting opt-in verbally from their customers. The customers will be able to opt in to receive messages either in person at their physical location, or over a phone call if the customer calls. When a customer is registered for the first time, they are asked to provide the phone number, and staff is trained to ask If the customer would like to opt in to SMS-based billing notifications, appointment reminders, Dispatch notification and job completion surveys. They will be verbally informed that "Message and data rates may apply", "Message frequency may vary", and they can "text HELP for support or more information and STOP to unsubscribe, at any time and no further messages will be sent." They will also be informed that their information will not be shared with third parties.
- Contact Form: By submitting our contact form and signing up for texts, you consent to receive text messages from Vito Services at the number provided, including messages sent by auto dialer. Consent is not a condition of purchase. Msg & data rates may apply. Msg frequency varies. Unsubscribe at any time by replying STOP or clicking the unsubscribe link (where available) and no further messages will be sent. Reply HELP for help.
- Help: If you are experiencing any issues, you can reply with the keyword HELP. Or, you can get help directly from us at contact-us.
- Interruption: Carriers, such as AT&T, are not liable for delayed or undelivered messages.
- Costs: Message and data rates may apply for any messages sent to you from us and to us from you. If you have any questions about your text plan or data plan, please contact your wireless provider.
- Privacy: If you have any questions regarding privacy, please read our privacy policy Privacy Policy.
