CONTRACTUAL DETAILS Clause Samples

CONTRACTUAL DETAILS. Altering Agreement ­ No modification of this Customer Agreement, and no authorization for extra or additions or for eliminations or changes, shall be binding on Home Works Painting, unless it is in writing and signed by a duly authorized representative of Home Works Painting. Assignment ­ Neither party shall assign this Customer Agreement without the prior written consent of the other party. Binding ­ This Customer Agreement shall ensue to the benefit of and be binding upon the parties hereto and their respective heirs, executors, administrators, successors, and permitted assigns. Cancellation by Home Works Painting – Home Works Painting may cancel this Customer Agreement at its sole discretion at any time prior to the commencement of work. If cancellation occurs after work commences, Owner acknowledges and agrees to abide by the TERMINATION BEFORE SUBSTANTIAL COMPLETION POLICY as defined below. Cancellation by Owner Before Work Begins ­ Owner may cancel this Customer Agreement at any time prior to midnight of the third business day after the date of this Customer Agreement. Thereafter, Owner shall immediately return to Home Works Painting any materials or equipment of Home Works Painting left on Owner's site. In the event of cancellation before commencement of work, but after the three (3) days, Owner agrees to pay to Home Works Painting 20% of the Contract amount as liquidated damages and not as a penalty. If cancellation occurs after the three (3) days, but within five (5) days of the scheduled start date, Owner agrees to pay to Home Works Painting 33% of the of the Contract amount as stated on the front of this Customer Agreement as liquidated damages and not as a penalty. Home Works Painting may waive the 20% or 33% cancellation fee at its sole discretion. If cancellation occurs at any time after receiving a Color Consultation, as defined above, Owner agrees to pay an additional cancellation charge of $200.00. In the event of cancellation before work begins, but after the three (3) days set out above in this section, Owner agrees to reimburse Home Works Painting for any actual expenses incurred relating to the cancelled Customer Agreement including materials purchased, work performed in anticipation of project commencement, and drive time related to the project. Home Works Painting shall not be obligated to return any materials to Owner in the event of cancellation. If cancellation occurs after work commences, Owner acknowledges and agrees to abide by...