All quotes are subject to the Monk’s Terms and Conditions and are incorporated into such agreement by reference.
The following capitalized text is required by NJ State Law, Division of Consumer Affairs:
YOU MAY CANCEL THIS CONTRACT AT ANY TIME BEFORE MIDNIGHT OF THE THIRD BUSINESS DAY AFTER RECEIVING A COPY OF THIS CONTRACT. IF YOU WISH TO CANCEL THIS CONTRACT, YOU MUST EITHER:
1. SEND A SIGNED AND DATED WRITTEN NOTICE OF CANCELLATION BY REGISTERED OR CERTIFIED MAIL, RETURN RECEIPT REQUESTED; OR
2. PERSONALLY DELIVER A SIGNED AND DATED WRITTEN NOTICE OF CANCELLATION TO:
Monk’s Home Improvements LLC 10 Anderson Hill Rd. Bernardsville, NJ 07924
If you cancel this contract within the three-day period, you are entitled to a full refund of your money. Refunds must be made within 30 days of the contractor’s receipt of the cancellation notice.
Unless the buyer chooses to finance with a bank, this contract is not in effect until midnight of the third business day that the full deposit is deposited into the bank, or until work begins, whichever date is first. If financing is used to pay for this project, then the contract goes into effect three business days after the contract is signed. Until then, either side may cancel the contract. If the contract is canceled under these circumstances, all unearned deposit money will be refunded. Any work started and any charges incurred will be billed in full.
Lead Paint Release
Most houses built before 1978 have lead-based paint somewhere on them. Even if they have been stripped or painted in the past, there may still be lead-based paint remaining on the house. We are a home improvement company and not a lead abatement company. When we sand, we will be disturbing all existing layers of paint on your home. There will be loose dust and chips in the area during and after the job. We do use Hepa Vac sanders to comply with applicable ordinances and laws and to reduce the amount of dust in the air. It is our recommendation that all children and pregnant women avoid the work area until we start priming. If you would like to take greater precautions, please tell us and we will refer you to a lead abatement company. By signing this contract (electronically or otherwise), you agree to release and indemnify Monk’s Home Improvements Inc, Monk’s Franchising LLC, all its employees, officers, licensees, franchisees, or any other company associated with Monk’s Franchising LLC from any and all liability associated with any pre-existing lead-based paint on your home. You acknowledge that any lead-based paint is an existing condition of the property you own and therefore you, the homeowner, bear all of the responsibility for it and any liability that accompanies it.
The Contractor shall supervise and direct the Labor. The Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences, and procedures, and for coordinating all portions of the Labor under the Contract, unless these General Conditions (the “Agreement”) give specific instructions concerning these matters.
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 price shall be equitably adjusted as mutually agreed between the Owner and Contractor; provided that the Contractor provides notice to the Owner promptly and before conditions are disturbed.
Customer releases the Contractor and all related parties from any and all damage to hidden pipes or wires within the walls, floors, ceiling, and other areas and also from any further damage that may result because of damaging hidden pipes or wires. This includes but is not limited to nail piercing. We make our best guess where existing pipes and wires are and attempt to avoid them. However, it is impossible to know where all the pipes and wires are if the wall is not being opened up.
All labor is guaranteed against defects for a period of one year from the date of completion unless specifically extended. No warranty is longer than three years. Payments must be kept up to date. Failure to make a progress payment will result in a stoppage of work until the account is brought current. If an account is not paid in full within 30 days of completion of work, all warranties and responsibility for the work are void. Paying in full after 30 days does not reinstate a warranty or responsibility by Monk’s without prior written approval from Ty Monk.
All material warranties come solely from the manufacturer.
Owner’s exclusive remedy for any defect relative to the labor shall be for (a) Contractor to correct the non-conformance, or (b) in the event that Contractor determines that the remedy under subsection a above is impracticable during the warranty period, Contractor will refund fees paid to Owner for the defective labor.
The making of final payment shall constitute a waiver of claims by the Owner except those arising from terms of special warranties required by the Agreement.
If the Contractor encounters a hazardous material or substance not anticipated, and if reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance, including but not limited to asbestos or polychlorinated biphenyl (PCB), encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop the Labor in the affected area and report the condition to the Owner and in writing. When the material or substance has been rendered harmless, Labor in the affected area shall resume upon written agreement of the Owner and Contractor. By Change Order, the Labor time shall be extended appropriately and the total sum shall be increased in the amount of the Contractor’s reasonable additional costs of shutdown, delay, and start-up.
To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Contractor, and its consultants, franchisees, agents, employees, and all associated parties of any of them from and against claims, damages, losses, and expenses, including but not limited to attorneys’ fees, arising out of or resulting from performance of the Labor in the affected area, if in fact, the material or substance presents the risk of bodily injury or death as described above and has not been rendered harmless, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Labor itself), except to the extent that such damage, loss or expense is due to the fault or negligence of the party seeking indemnity.
The Owner may, at any time, terminate the Agreement for the Owner’s convenience and without cause. If the agreement is terminated by the owner prior to completion, no warranty will be in place for the partial job. The Contractor shall be entitled to receive payment for Labor executed, and costs incurred by reason of such termination, along with reasonable overhead and profit on the Labor not executed.
Except damages that arise out of indemnification obligation as set forth in this Agreement, neither party will be liable hereunder for penalties or for special, indirect, consequential or incidental losses or damages, such as damages for lost profits, lost or damaged data, failure to achieve cost savings, loss of use of facility or equipment, or the failure or increased expense of operations, regardless of whether any such losses or damages are characterized as arising from breach of contract, breach of warranty, tort, strict liability or otherwise, even if a party is advised of the possibility of such losses or damages, or if such losses or damages are foreseeable.
Contractor’s direct damages will be limited to the fees paid under the applicable Quote which is the subject of the dispute.
Any dispute, controversy, cause of action, or claim, of any kind or nature whatsoever, whether legal or equitable, including, but not limited to, claims sounding in contract, torts or product liability and claims based upon alleged violations of consumer protection laws, which arise out of or relate to (a) this Agreement, or the breach, termination or invalidity of this Agreement, or (b) any services rendered in connection with this Agreement shall be finally and exclusively settled by arbitration in accordance with the Arbitration Rules of the American Arbitration Association in effect on the date of this Agreement by one (1) arbitrator in accordance with such Rules. Demand for arbitration shall be made in writing, delivered to the other party to the Contract, and filed with the person or entity administering the arbitration. The place of arbitration shall be Morris County, New Jersey. Judgment upon the award of the arbitrators may be entered in any court having jurisdiction thereof. All parties agree that this contract is the controlling document and if financing or paying by credit card, all parties will use the dispute resolution process. outlined in this paragraph. The buyer also specifically agrees not to use a credit card company to dispute payments. already made as a method for settling disagreements with the contractor.
This Agreement will be governed by and construed in accordance with the laws of the State of New Jersey, without regard to the choice of law or conflict of law principles.
In the event of any breach of this Agreement, the aggrieved party shall be entitled to recover from the party who breaches, in addition to any other relief provided by law, such reasonable costs and expenses as may be incurred by the aggrieved party, including arbitration costs, reasonable attorneys’ fees and all other costs and expenses, taxable or otherwise, reasonably necessary to defend against, or to prosecute any counterclaim or crossclaim based on any such action or proceedings.
This Agreement and any Quotes issued hereunder represent the entire understanding of the parties with respect to the subject matter hereof and shall supersede all prior or contemporaneous agreements or understandings, oral or written, with respect thereto.
Neither this Agreement nor any Quotes issued hereunder shall be modified except by a written agreement signed by both parties hereto, specifying that it is a modification to this Agreement or any Quote, respectively. The failure of a party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver or deprive that party of the right to insist upon strict adherence to that term or any other term of this Agreement. Any waiver must be in writing and signed by the party making the waiver. The invalidity or unenforceability of any term or provision of this Agreement shall not affect the validity or enforceability of any other term or provision hereof.
Monk’s offers three different ways to pay for the fees listed in this Quote. You may pay using cash or check, credit card or through a third-party lending company, Medallion Bank. If you choose to use a credit card, a 3% processing fee will be added to your quote.
If you choose to finance your transaction using Medallion Bank, please note that Medallion Bank is a third-party lender and has no affiliation with Monk’s, and you must execute a separate written agreement between you and Medallion Bank. Should you choose to use Medallion Bank for financing you remain personally liable and responsible for all payments due to Monk’s. The payment terms for financing through Medallion Bank are only valid for 150 days and payment must be made in full within that time. If the term expires, you agree to either apply for recommitment or become personally liable for paying without financing. You will have five (5) days from the date of completion of the Work to approve the Work for payment from Medallion Bank; however, such approval will not be contingent upon the completion of punch list items totaling less than 5% of the contract amount or $500, whichever is more. If punch list items less than this remain outstanding, then substantial completion will be considered achieved and the project and work accepted for purposes of payment by Medallion Bank to Monk’s.
DISCLAIMER- Monk’s is not responsible for Medallion Bank’s, or any other bank’s, lending practices or other contract terms. Nothing in this agreement, quote, or in any agreements with Medallion Bank qualifies Monk’s as a lender or financing institution under N.J.S.A. § 17:11C-53. Monk’s is providing information regarding Medallion Bank solely to provide you with additional options for payment. You are under no obligation whatsoever to use Medallion Bank to finance payment of this Quote, and the choice to use Medallion Bank is within your sole discretion. Monk’s disclaims any warranties, endorsements, or representations, express or implied, related to any product, service, advertisement or other information from Medallion Bank. You understand and agree that the use of Medallion Bank is at your sole risk and in no event will Monk’s or any of its employees, directors, officers, or agents by liable to any party for general, direct, indirect, incidental, special, consequential, exemplary, or punitive damages, including without limitation, damages, losses, costs of replacement, or construction interruption for your use of Medallion Bank’s services. Should you choose to use Medallion Bank for financing, you agree to defend, indemnify and hold harmless Monk’s for non-payment of services outlined in this Quote.
Each party represents and warrants that it has the full power and authority to enter into this Agreement, and that the persons signing this Agreement on behalf of such party has authority to bind the party to the obligations set forth in the Quote.
If you have any questions about any of these terms and conditions, please speak with your Estimator prior to signing the contract or accepting the terms.