Acknowledgments and Notifications
“I,” “my,” “me,” means each person on the Estimate is a Client. “Handyman,” “Handyman Bill Can,” “Contractor,” “Owner” means the Business. “We,” “us,” “you”, “they,” “Recipient” represent both the Client or Clients if more than one, who agrees to this Contract.
- Project Details
Client(s) has reviewed the Estimate provided by Handyman Bill Can, which contains the scope of work, project cost, deposit requirement, materials and supplies used and their estimated cost, discounts, coupons, and promotions, payment terms, any additional information that pertains to the project, the Client’s concerns, and exclusions as applicable.
- Unforeseen Cost
This Estimate is presented based on what can be seen with the eye, so any unforeseen circumstances are not included. Any alteration or deviation from the scope of work involving extra time or cost will be performed only upon written change order(s ). It will become an additional charge over and above this Estimate unless the project is being billed by the hour plus materials rate, in which case a change order will not be required as the Client(s) has the right to amend or redirect work as they see fit or to stop all work and settle as agreed for the work already performed.
If hidden problems are discovered during the project, all work will stop, the Handyman will notify the Client(s), and any additional work needed will be in writing, and the change order signed by the Client(s).
Handyman Bill Can is not liable for any damage due to normal construction.
- Agreement
All work is to be performed and completed in a workmanlike manner according to standard practices. Payments are to be made upon completion of and not after any Building Department inspection. The workmanship guarantee is void if payment is not made when due. All agreements are contingent upon the lack of accidents, weather, or delays that are beyond the Handyman’s control. Owner to carry at a minimum fire and other necessary insurance upon Business commencing work. The Business shall hold workers’ Compensation or waiver and General Liability Insurance.
The Client has the right to approve all materials provided by the Business before use. Customer agrees to pay for all materials purchased or supplied, plus a markup of up to 50% of the merchant sales price plus taxes unless such materials are included in the Estimate. Materials may include but are not limited to consumable supplies such as sandpaper, tape, fasteners, etc. All leftover materials provided by Handyman Bill Can are the property of the Business. All materials provided by the Client are the property of the Client.
- Payment Processing
Payment for service will only be made using cash, check, or processed through the use of a valid “Credit or Debit Card”. Fees paid using a Credit or Debit Card are subject to a 5% merchant services processing fee, and fees paid via an ACH transfer are subject to a 2% charge. By paying for services using a Credit or Debit Card, you represent and warrant that you are the cardholder of the Credit or Debit Card or an authorized representative of such cardholder. Any payment made by Credit or Debit Card is subject to the approval and terms and conditions of the financial institution that issued the card. You acknowledge and understand that the payment for the service will be processed using a third-party payment processor. Hnadyman Bill Can will not come into possession of Credit or Debit Card information and is not responsible for any acts or omissions of the third-party payment processor. Any refund or other credit to the Service will be applied to the Payment Method.
Terms and Conditions
All progress payments are due at the start of each individual project. Upon substantial completion, where only small punch-list items exist, the Customer agrees to pay the Business 90% of the estimated amount. The remaining amount will be due when all work is complete and the final invoice is presented.
Upon completion of any project and payment in full has been received, there shall be a one-year workmanship guarantee covering labor and materials due to faulty service. The workmanship guarantee is not transferable to the next immediate, subsequent property owner.
The manufacturer’s warranties shall be the responsibility of the Client through the manufacturer.
Upon notification by the Client of a reported problem with any service performed by the Handyman, the Business shall respond to the message and initiate an investigation into the cause of the reported issue. Resolution of the reported problem may take additional time.
Tampering with any component(s) or the product by other than Handyman Bill Can voids this warranty and guarantee, and Handyman Bill Can disclaims any liability for any costs or damages concerning such actions.
Client(s) assumes all risks for the selection of material and or supplies and warrants that the materials and or supplies requested under the terms of this Contract are appropriate and comply with all deed restrictions, codes, and or homes association covenants or regulations. Client(s) shall indemnify Handyman Bill Can against loss due to lost time, additional expenses, and legal actions arising from the selected materials.
Any implied warranties, including the implied warranty of merchantability, implied warranty of habitability, or an implied warranty of fitness for a particular use, are hereby waived and disclaimed. In no event shall the Business be obligated or liable for incidental, special, indirect, or consequential damages of any kind for the breach of any express or implied warranty of Business.
It is agreed and understood between the parties that this Acknowledgment and Notification, along with the Terms and Conditions, constitute the entire understanding between the parties. No verbal agreements are changing or modifying any of the terms. This Contract may not be altered, modified, or varied in any way unless such changes are in writing and signed by both the Clients(s) and Business. By signing below or other means of acceptance that is acceptable to the Business, Clients(s) hereby acknowledge that Clients(s) has read, agrees to, understands all written on the date initially presented, and accepts the Estimate. Client(s) have the right to cancel this transaction per the Notice of Cancellation section.
Kansas Sales Only: Kansas law contains essential requirements you must follow before you may file a lawsuit for defective work against the Contractor that performed service on your home. Ninety days before you file your case, you must deliver to the Contractor a written notice of any construction conditions you allege are defective and provide the Contractor the opportunity to make an offer to repair or pay for the defects. You are not obligated to accept any offer made by the Contractor. There are strict deadlines and procedures under state law, and failure to follow them may affect your ability to file a lawsuit.
Missouri Sales Only: NOTICE TO OWNER: FAILURE TO PAY THIS CONTRACTOR OR TO COMPLETE THIS CONTRACT CAN RESULT IN THE FILING OF A MECHANIC’S LIEN ON THE PROPERTY WHICH IS THE SUBJECT OF THIS CONTRACT PURSUANT TO CHAPTER 429, RSMO. TO AVOID THIS RESULT, YOU MAY ASK THIS CONTRACTOR FOR “LIEN WAIVERS” FROM ALL PERSONS SUPPLYING MATERIAL OR SERVICES FOR THE WORK DESCRIBED IN THIS CONTRACT.
Contractors Promises: The Contractor promises to perform all work professionally. The Contractor is not responsible for removing and transporting away from the premises any debris removed and or other items removed from the premises unless specially stated on the Estimate. The Contractor shall comply with all local requirements for building permits, inspections, and zoning when needed.
Clients Promises: (a) I will provide Contractor with reasonable access to my property and the area in which the work is to be performed, including access to electrical outlets; (b) I will be responsible for the preparation, moving, and reinstalling of any materials, personal property, cars, or equipment as may be needed for Contractor to perform its work; (c) The surfaces upon which the work is to be performed are sound and suitable for the work being performed; (d) I agree that when the work is “substantially complete,” I will pay Contractor the balance due on the Estimated Price. I understand that “substantially complete” means the work has been materially finished and is functioning as intended. (e) In the event I can’t entirely agree with the Contractor that the work is substantially complete, I agree that I will not withhold more than 10% of the Estimated Price; and (f) If permitting fees are necessary to complete the work, I will pay them unless the law requires Contractor to pay them.
Notice of Cancellation: I understand I may cancel this Contract, without any Penalty or Obligation, no later than midnight before the THIRD BUSINESS DAY from Scheduled Work or the Estimate Expiration Date, whichever occurs is first. To cancel this transaction, mail, or deliver a signed and dated cancellation notice or any other written notice, or send a telegram to Handyman Bill Can, 2216 S 43rd Street, Kansas City, Kansas 66106
If you cancel any Deposit payments made by you under the initially signed Contract, be returned within TEN BUSINESS DAYS following receipt by the Client of your cancellation notice. If you cancel, you must make available to the Business at your premises, in substantially as good condition as when received, any materials and supplies delivered to you; or you may, if you wish, comply with the instructions of the Business regarding the return shipment of the materials and supplies at the Client(s) expense and risk. If you make the materials and supplies available to the Business and the Business does not pick them up within 20 days of your Notice of Cancellation date. In that case, you may retain or dispose of the goods without any further obligation. If you fail to make the goods available to the Business, or if you agree to return the goods to the Business and fail to do so, you remain liable for performing all obligations under the Contract.
If I want to cancel this Contract after those three days, the Contractor does not have to allow that cancellation. I understand that if the Contractor does let me cancel, however, I will have to pay the Contractor a late cancellation fee up to or equal to 33% of this Contract’s Estimated Price for Contractor’s labor, administrative, and material costs.
Delay/Unknown Conditions: I understand that if the Contractor determines that the Contractor cannot perform the work according to Contractor’s usual professional standards, then Contractor can cancel this Contract, notify me in writing of the cancellation, and return any deposits or money paid to me. I understand that some of the things that could cause the Contractor to cancel this Contract would be incorrect pricing, unforeseen structural defects, or unknown pre-existing conditions to my property. I understand that the Contractor is not responsible for structural or other defects in my property and that the Contractor’s products do not cure those types of problems. I also understand that the work could be delayed by events that the Contractor does not control. Such events do not constitute abandonment and are not included in calculating time frames for payment or performance. Some of the things that could cause the work to be delayed would be acts of God, labor, health, material shortages, my inability to qualify for or obtain financing, delays by local government authorities in issuing or otherwise approving inspections, permitting, or other required authorizations for the work. I understand that the Contractor disclaims all liability for damage to persons or property resulting from excess humidity, mold, mildew, or fungus growth within any part of the building envelope due to moisture entering the building before the commencement of the work. I agree to defend, indemnify, and hold Contractor harmless from all penalties, actions, liabilities, costs, expenses (including reasonable attorney fees), and damages arising from or relating to the presence of mold in my home.
Late Payment/Default: I agree that if I do not pay the Contractor any of the money owed when it is due, I can be charged a late fee of 1.5% on the amount owed for each month the money is owed and not paid. I agree that if I default on my promises under this Contract and the Contractor hires an attorney to enforce this Contract, I will pay Contractor its reasonable legal fees and related costs or expenses.
In the event payment of the Client is returned, denied, canceled, reversed, etc., Client understands that the Business will charge a service fee of not more than $50.00, plus an amount equal to the actual charge against the Business by any depository or credit institution that returns or denies any payment(s) made.
Interpretation of this Contract: I agree that this Contract will be enforced under the state’s laws where the work is being performed. If any part of this Contract is determined to be invalid or illegal, I agree that the rest of this Contract will still be valid and enforceable. We both understand that this Contract and any attachments make up the entire understanding between us about the work Contractor is doing. There are no other oral or written contracts or agreements, or representations on which we are relying. We both agree that any change to this Contract must be in writing and signed by both of us. The paragraph headings contained in this Contract are for convenience only and will not affect the meaning or interpretation of this Contract.
Arbitration of Disputes: The parties agree that all controversies (“Claim”) arising under or relating to this Contract may, at the election of either party, be subject to binding arbitration by one arbitrator under the Consumer Rules of the American Arbitration Association with the arbitration to be held in the judicial district in which Buyer(s) resides. Each party shall be responsible for its own fees and costs unless otherwise determined by the arbitrator; however, the party demanding arbitration shall pay the applicable filing fee. This Contract to arbitrate and any award, finding, or verdict of or from the arbitration will be specifically enforceable under the prevailing law of any court having jurisdiction. Any arbitration proceeding brought under this Contract and any award, finding, or verdict of or from such proceeding shall remain confidential between the parties and shall not be made public. Client(s) agrees that Client(s) will not assert a Claim on behalf of, or as a member of, any group or class in either an arbitration proceeding, a private attorney general action, or in any other forum or action; however, this limitation does not apply to any lawsuit or administrative proceeding filed against the Business by a state or federal government agency even when such agency is seeking relief on behalf of a class of the Client(s).
100% Satisfaction Guarantee
Handyman Bill Can is 100% committed to providing the highest level of workmanship by ensuring that the project is done right the first time. If within one-year of the completed project something was not done correctly, contact Handyman Bill Can so that it can be resolved right away.
Revision Date November 26, 2022