What You Need to Know
Section A– Home Services Orders
1. All Home Services
2. Roof and Gutter Services
3. Window Services
4. Replacement Roofing
5. Garage Door Tune-up
6. Sunroom Tune-up
Section B—Home Service Orders
All Home Services Orders:
- Please call 443-203-0001 to schedule your service.
- Distance restrictions apply. Offer valid for up to 40 miles from 621 Central Avenue East, Edgewater, MD 21037, additional charges apply beyond the 40 mile radius.
- Offer valid for residential customers only.
- Offer cannot be used with insurance.
- Any additional recommended repairs or replacements will be diagnosed and separately priced for approval prior to initiating further work.
- If additional work is requested, estimates can be given for any parts repair or replacement.
Additional information for Roof and Gutter Services:
- Offers valid for Gable style roofs with a 6/12 pitch or less, additional charges apply for roofs greater than a 6/12 pitch and hip style roofing systems.
- Offer valid for homes at or below a two (2) story height. Homes with walkout basements please add one (1) story to the height, additional charges apply for heights greater than a two (2) stories.
- Offer only valid for square footage purchased, additional fees apply for homes beyond the square footage purchased.
- Additional charges may apply if excessive debris is found. Excessive debris is classified as: any growing vegetation, grass and/or saplings; gutters that are packed and overflowing with leaves, branches, pine needles or any other decomposable material; gutters with composted material in the bottom which creates muck, mud or soot.
- Offer valid for homes without gutter guards, screens or mesh, additional fees for homes with gutter guards, screens or mesh.
Additional information for Window Services:
- Offer valid for ground level work, additional fees for above ground work to include a ladder.
- Offer valid for exterior work only. Interior work is additional and charged by the hour.
- Additional charges apply for Entry Doors, Dormer Windows, Picture Windows, Bay or Bow Windows, Sliding Glass Doors and French Doors.
- Offer includes adding a fresh layer of white caulk.
- Additional fees apply for color options.
Additional information for Replacement Roofing:
- Offer only for residential customers.
- Offer valid for Gable style roofs with a 6/12 pitch or less, additional charges apply for roofs greater than a 6/12 pitch and hip style roofing systems.
- Offer includes tear-off of one (1) layer of existing shingles, removal of existing tar paper, removal and replacement of flashing, installation of 15-pound felt paper, installation of new pipe boots on exterior roof pipes, cleanup/hauling of debris, magnetic rolling and pick up of nails, and 3 feet of ice/water shield.
- Additional materials and work may be required to meet code.
- Offer only for 3-tab shingles.
- Additional fee apply for extra plywood ($95 per sheet); extra layer removal ($0.30 per square foot); additional square footage beyond 2,000 ($4.00 per square foot); Ridge Vent installation ($8.00 per linear foot); and Architectural Shingle upgrade ($6.00 per square foot).
- Offer does not include permit fees.
Additional Information for Garage Door Tune-up:
- Tune-up option: includes system diagnosis, lube, balance and adjustment of all moving parts, weight balancing, and 21-point safety check.
- Reconditioning option: includes replacement of up to 10 rollers; spring-tension adjustment; track spacing; and servicing of hinges, lift cables, safety pressures, and infrared sensors. Additional rollers can be purchased for $10 per roller.
Additional Information for Sunroom Tune-up:
- Check up includes: adjustment of windows and screens, securing downspouts, vacuuming tracks and weep holes, adjusting and securing locks and handles, lubricating wheels and check operation of doors and windows.
- Work is for ground level work only.
Section C—Contract Terms and Conditions
GENERAL TERMS AND CONDITIONS OF CONTRACT
- All work done under this contract shall be done in a good and workmanlike manner and in accordance with applicable building codes. Contractor shall remove all debris resulting from work done hereunder and leave work areas in “broom clean” condition upon completion.
- The lot shall be surveyed at Homeowners(s)’ expense prior to any work at the property commencing. In some instances, existing surveys will be acceptable to obtain the necessary building permit. Obtaining a survey from the Homeowner(s) is a required step to obtaining a building permit.
- The Contractor shall obtain and comply with all local requirements for building permits, inspections, and zoning.
- The Maryland Home Improvement Commission (MHIC), 410-230-6309 and 1-888-218-5925, requires all contractors and subcontractors hold a current MHIC license. Homeowner may inquire about any contractor or subcontractor.
- All materials provided under this contract shall be new and as designated, unless otherwise specified. Contractor may, in its discretion, change or substitute any materials in the work hereunder, provided all substituted materials shall be of equal kind and quality. All surplus material shall remain the property of the Contractor.
- The Homeowner(s) agrees to permit contractor to make all tip-outs, openings, close-ups, alterations, or changes to existing buildings necessary for the completion of the work hereunder. Contractor will make repairs and/or restoration in such cases so as to conform as closely as possible to the original condition or to the new work, as it may deem appropriate. The Homeowner(s) agrees to supply or make available to the contractor all utilities (including gas, heat, electric, and water) to enable it to perform the work to be done hereunder, at the expense of the Homeowner(s). The Homeowner(s) agrees to allow representatives of the Contractor access to any part of the property at all reasonable times prior to completion.
- Contractor assumes no responsibility for the existing property or buildings meeting local building or zoning code requirements. Additional work required to meet such requirements if any, shall incur a charge above and beyond the price in this contract.
- If the contracted work involves the removal or modification of painted surfaces or painted components and window replacement on a house constructed prior to 1978, the Homeowner(s) acknowledges receipt of a copy of the pamphlet “Protect Your Family From Lead in Your Home” informing them of the potential risks of lead hazard exposure from renovation activity to be performed in their home and that they received this pamphlet before the work began.
- In the event permission is required to do any of the work hereunder due to zoning restrictions, property restrictions, homeowner’s associations of otherwise, it shall be the sole responsibility of the Homeowner(s) to obtain such permission. Contractor is not responsible for compliance with color or style requirements of homeowners’ associations.
- The contract shall be considered completed when all work has been finished in accordance with the plans and specifications outlined in the contract and any agreed changes thereto. Unless the project is financed by the contractor, upon completion of the contract by the contractor, Homeowner(s) shall pay any unpaid balance of the contract price to the contractor after final inspection.
- In making the final payment under this contract, the Homeowner(s) signifies complete acceptance of the work and that it has been constructed in conformity with the plans and specifications. This in no way limits warranties from manufacturers of materialmen.
- Homeowner(s) agree to pay interest in the amount of two (2%) percent per month (twenty-four (24%) percent per annum), or such lesser rate as may be allowed by law, for all amounts that are due to owing after the completion of the work or termination of the contract.
- In the event Homeowner(s) default in the making of any payment or payments of the contract price of this Agreement, if any such default is not corrected within ten (10) days, the Contractor shall have the right to terminate the contract at that time and to remove all its property and equipment and that of its employees and subcontractors; and the parties specifically agree that the down payment and any other payments specified on the first page of this contract shall be applied by the Contractor to any unpaid amounts in default, for the recovery of which the Contractor shall have and retain all other rights and remedies under the law.
- In the event Homeowner(s) is in default of the agreement, fails to make any payment when due, or cancels this agreement, except as provided by this agreement, Contractor shall be entitled to recover all of its costs and expenses, including reasonable attorneys fees, involved in collecting any outstanding debt or balance due.
- Homeowner(s) recognizes that this contract involves custom made equipment and, therefore, if the Homeowner(s) cancels this contract for any reason, other than by the terms of this contract, contractor’s default, or statute, Homeowner(s) shall pay the contractor a sum of money equal to thirty-five (35%) percent of the contract price of the amount of the deposit, if greater, which amount is hereby agreed to be paid as liquidated damages without proof of loss or damage. In the event Homeowner(s) cancels this contract, Contractor shall have the right to remove all of its property and equipment and that of its employees and subcontractors and all materials, whether on the property of the Homeowner(s) or not, shall remain or become the property of the Contractor.
- If contractor is terminated after work has commenced, Contractor has no obligations to replace, restore, or repair the condition of the property.
- All starting and completion dates are approximate and subject to delays caused by circumstances beyond Contractor’s control, including but not limited to strikes, material shortage, fire and flood, war, acts of terror, and other acts of God, or by delays caused by the Homeowner(s). Any delay caused by events beyond the control of the Contractor shall not constitute abandonment and shall not be included in calculating time frames for payment or performance. Scheduling of the component activities is in the sole discretion of the Contractor and unreasonable interference with the scheduling shall be a breach of contract by the Homeowner(s) and grounds for discontinuing work by the Contractor.
- The contract price does not include hidden, unexposed, or unknown contingencies extant at the time of the sale such as but not limited to; rotting or decay, foundation depths in excess of thirty (30 in.) inches, concealed pipes, relocation of underground utilities, inability to use existing water or water pipes, removal of rock or other hard unusual materials discovered and deemed necessary to be removed. Homeowner(s) agrees to pay additional charge of five ($5.00) dollars per foot for replacing each foot of rotted wood. All costs associated with hidden, unexposed or unknown contingencies shall be borne by the Homeowner(s).
- Contractor is not responsible for condensation due to existing conditions. Introducing heat of any kind, as well as a spa or hot tub, will cause condensation to form, even in an all season room. Condensation will not harm the surface of the all vinyl room, may be removed by wiping it with a cloth and can be minimized by proper ventilation.
- Room will have tempered glass to code.
- Contractor does not provide any electrical work (electrical work is provided by subcontractors). Contractor does not provide any painting or staining. Contractor does not provide drainage work.
- Sunroom and Patio Room components come with Manufacturer’s Limited Warranty. Service comes with Contractor’s two (2 yr.) year labor pledge. When repairs are required pursuant to the labor pledge, Homeowner(s) shall send a written list to the Contractor. Contractor shall correct the appropriate item as promptly as possible allowing a reasonable time for scheduling. Homeowner(s) are encouraged to wait a reasonable time to allow detection of a complete callback list before submitting a list.
- SOLE REMEDY, NO OTHER WARRANTY: THERE ARE NO OTHER EXPRESS WARRANTIES ON YOUR STEWART ENTERPRISES PRODUCT BEYOND THOSE SET FORTH IN THE MANUFACTURER’S LIMITED WARRANTY AND NO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS. TO THE FULLEST EXTENT ALLOWED BY LAW, STEWART ENTERPRISES AND AFFILIATEWS SHALL NOT BE LIABLE FOR LOSS OF USE, INCONVENIENCE, LOST TIME, COMERCIAL LOSS OR ANY OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ECOMOMIC LOSS.
- Homeowner(s) should not leave a permanent opening from the home into the enclosure. There should always be a door that can close off this area.
- Contractor is not responsible for the condition of existing deck or pad and not responsible for any abnormal or unusual concrete footings, foundations, retaining walls, or any unusual depth required for some, such as but not limited to that condition cause by poor soil, poor drainage, lack of compaction, and is not obligated to correct the same.
- Contractor guarantees cement work as to proper mix and workmanship but does not guarantee cement against cracking, peeling, or settling due to conditions beyond its control. Concrete develops hairline cracks under normal conditions, which does not affect its structural integrity.
- When concrete work is performed, Contractor will take all care possible to protect the property, but some grass damage is possible.
- This contract embodies the entire contract between the parties. Any modification to the contract, which changes the cost, materials, work to be performed, or estimated completion date, must be in writing and signed by both parties.
- This contract shall be governed by the laws of Maryland. The parties agree that jurisdiction and venue for all suits related to or arising out of this agreement shall be proper only in the courts located in Anne Arundel County, MD. Homeowner(s) hereby consents to the exercise of in personam jurisdiction and venue by such courts.
- If a dispute should arise regarding the construction of the dwelling according to the plans and specifications (as opposed to payment pursuant to the contract). The matter shall be determined by three independent home improvement contractors, one to be chosen by the Homeowner(s), one by the Contractor, and a third by the two so chosen. A statement of the problem(s) shall be provided by the complaining party in writing to the other party and to the independent contractors. The responding party shall prepare a response to the statement within ten (10) calendar days. Both written statements shall be provided to the independent contractors, who shall render a written decision as soon as practicable but no later than thirty (30) days from submission of the parties’ written statements. The decision of the independent contractors on any such matter presented to them shall be final and binding on both parties. Initially, Contractor shall be responsible for the cost of the independent contractors. However, if the Contractor prevails, Homeowner(s) shall reimburse Contractor for one-half of the total cost of the independent contractors. For purposes of complying with this provision, Homeowner(s) agree to provide the independent contractors with a reasonable access to the property.
- The MHIC administers the Guaranty Fund, which may compensate Homeowner(s) for certain actual loss caused by acts or omissions of licensed contractors. Homeowner(s) may request that contractor purchase a performance bond for additional protection against loss not covered by the Guaranty Fund.
- Homeowner(s) warrant that all information contained in any financial, credit, or accounting statement furnished in connection with this agreement, which is hereby made a part hereof, is complete, correct, and true.
- Homeowner(s) agrees to assume full risk of loss or damage to any equipment, materials, or products upon its delivery to Homeowner(s)’ location shown in this agreement
- If any provision of this agreement is found to be invalid, illegal, or unenforceable, then this agreement shall nevertheless continue in full force and effect except for said invalid, illegal, or unenforceable provision.
- The failure of Contractor to exercise or enforce any of the terms or conditions of this agreement shall not constitute or be deemed a waiver of Contractor’s right to thereafter to enforce each and every term and condition of this agreement.
- Notice to customer: You may cancel this contract anytime before midnight of the third (3) business day after receiving a copy of this contract. If you wish to cancel this contract you must either send a signed and dated written notification of cancellation by registered or certified mail, return receipt requested and/or personally deliver a signed and dated written notice of cancellation to Stewart Enterprises, Inc. If you cancel this contract within the Three (3) day period, you are entitled to a full refund of your money. Refund must be made within thirty (30) days of Stewart Enterprises, Inc. receiving the cancellation notice.
E. WARRANTIES SET FORTH ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
CONTRACTOR’S LIABILITY TO HOMEOWNER SHALL IN NO EVENT EXCEED THE AMOUNTS PAID BY THE HOMEOWNER TO THE CONTRACTOR UNDER THIS CONTRACT.
IN NO EVENT SHALL CONTRACTOR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF USE, INCURRED BY HOMEOWNER OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.