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UnderCover Systems of New York, LLC – Standard Terms and Conditions

For the purposes of this Terms and Conditions document, Contractor is defined as UnderCover Systems of New York, LLC and Customer is defined as the person or entity that is receiving and paying for products and services from UnderCover Systems of New York, LLC.

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The following terms and conditions are applicable to all products and services sold, installed, and/or provided by Contractor.

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1. Services to Be Performed
Contractor shall furnish equipment, labor, materials, and/or other items needed to complete the work as described in the Contractor’s Quote.  From time-to-time additional Quote(s) will be sent to facilitate change orders for additional work needed to complete the project.  All additional Quote(s) will be subject to these terms and conditions and will remain in effect for all the added Accepted Quotes associated to a Customer’s project.

 

2. Deposits
Upon acceptance of Contractor’s quote, Customer shall pay a deposit in the amount as outlined in the Accepted Quote to order needed materials and lock their project into the Contractor’s installation schedule.  Any questions regarding return of deposits will be addressed per the terms as outlined in the Cancellation Policy of the Contractor.

 

3. Payment Terms
Customer shall pay Contractor the total sum of money as shown on the Accepted Quote and payable per the payment terms outlined in that Quote.

 

4. Time of Completion
The work to be performed under the individual Accepted Quote(s) will be completed in a reasonable amount of time given the nature of the scope of work. Work in addition to the original Accepted Quote will result in an extension of the project timeline.

 

5. Permits and Approvals
Contractor shall be responsible for determining which state and local permits are necessary for performing the specified work, and for obtaining and paying for the permits provided they are not otherwise specified in the Contractor’s Quote.  In the event that stamped plans are required for the work to be completed in the Quote, or required to obtain a permit, extra charges not listed in the original Quote will be agreed upon and billed to Customer separately.

 

6. Limited Warranty
Contractor warrants that all work shall be completed in a good workmanlike manner and in compliance with all building codes and other applicable laws. Additional Closing and/or Manufacturer Warranty documents will be provided at the end of the project for the Customer records. Labor is a one-year warranty from the date of installation. Manufacturer's warranties cover materials only and after warranty expiration date, labor will be billable at market value labor rates.

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7. Site Maintenance
Contractor agrees to be bound by the following conditions when performing the specified work:

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  • Contractor shall remove all debris and leave the premises in a broom clean condition

  • Contractor shall perform the specified work during the normal business hours whenever possible

  • Contractor agrees that disruptively loud activities shall be avoided in the early mornings and late evenings whenever possible

  • At the end of each day's work, Contractor's equipment shall be stored in an organized and safe manner on the jobsite

 

8. Subcontractors
Contractor may, at its discretion, engage subcontractors to perform certain services needed to complete the scope of work as outlined in Contractor’s Quote, but Contractor shall remain responsible for proper completion of all work completed by subcontractors under Contractor’s direction.

 

9. Independent Contractor Status
Contractor is an independent contractor, not an employee of the Customer. Contractor's employees or subcontractors are not Customer employees. Contractor and Customer agree to the following rights consistent with an independent contractor relationship.

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  • Contractor has the right to perform services for others during the term of Customer’s project

  • Contractor has the sole right to control and direct the means, manner, and method by which the services will be performed

  • Contractor or Contractor's employees or subcontractors shall perform the services required to complete the work outlined in Contractor’s Quote

  • Customer shall not hire, supervise, or pay any assistants to help Contractor

  • Customer shall not require Contractor or Contractor's employees or subcontractors to devote full time to performing the services required to complete the work outlined in Contractor’s Quote

 

10. Local, State and Federal Taxes
Customer is required to complete a Capital Improvement Certificate and give to Contractor for its records to comply with Federal, State, or Local taxing authorities.

 

11. Insurance
Contractor agrees to have current adequate business liability and workers compensation insurance for injuries to its employees and others incurring loss or injury because of the acts of Contractor or its employees or subcontractors.

 

12. Customer Responsibilities
The Customer is responsible for providing any required tool and material staging areas needed for the completion of the project. This may or may not include space to place a dumpster and/or portable toilet. Customer will also give the Contractor access to water and electricity, and access to an electrical panel, as needed.

 

13. Modifying the Agreement
Customer and Contractor recognize that:

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  • Contractor's original cost and time estimates may be too low due to unforeseen events, or to factors unknown to, or outside the control of Contractor when Contractor’s Quote was accepted by Customer
     

  • Customer may desire a mid-project change in Contractor's services that would add time and cost to the project and possibly inconvenience Contractor, or
     

  • Other aspects of the scope of work outlined in Contractor’s Quote may be difficult to carry out due to unforeseen circumstances

 

If any intended changes or any other events beyond the parties' control require adjustments to the Accepted Quote, the parties shall make a good faith effort to agree on all necessary particulars to facilitate the acceptance of an additional Quote to address the changes.

 

14. Resolving Disputes
If a dispute arises during the time Customer is doing business with the Contractor, any party may take the matter to court. If any court action is necessary to resolve the dispute, the prevailing party shall be entitled to reasonable attorney fees, costs, and expenses in addition to any other relief to which it may be entitled.

 

15. No Partnership
Contractor providing products and installation services to Customer does not create a partnership relationship. Neither party has authority to enter into contracts on the other's behalf.

 

16. Applicable Law
This Agreement will be governed by the laws of the State of New York.  Any disputes that require court action will be adjudicated in the County of Monroe.


17. Notices
All notices to Contractor must be sent in writing to:

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UnderCover Systems of New York, LLC
314 Hogan Road
Fairport, NY 14450

 

Customer and Contractor agree that all terms and conditions listed here are applicable to the entire scope of work for a project unless otherwise specified in the Contractor’s Quote.

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UnderCover Systems of New York, LLC reserves the right to make changes to this policy at any time without notice.

TERMS  &  CONDITIONS

CANCELLATION  POLICY

UnderCover Systems of New York, LLC – Cancellation Policy

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UnderCover Systems of New York, LLC provides customized solutions for outdoor living.  These solutions are a combination of high-quality products and professional installation and include custom-made products that will be professionally measured and ordered specifically for your project from the manufacturer.
 

The following terms and conditions apply for all Accepted Quotes for work to be completed:

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  • A deposit will be required from the Customer to order the needed materials and lock their project into the Contractor’s installation schedule. Depending on the specific product(s) required for a project, the amount of the deposit may vary and will be detailed in the Quote which is presented to and accepted by the Customer.
     

  • If the Customer wishes to cancel their Accepted Quote BEFORE the order has been placed into the production queue at the manufacturer, the Customer is entitled to a 100% refund of their deposit less a $300 administrative fee for work completed by Contractor to properly measure and order custom manufactured product(s).
     

  • If the Customer wishes to cancel their Accepted Quote AFTER the order has been placed into the production queue at the manufacturer, the manufacturer-specific cancellation fee(s) plus any applicable shipping costs, plus a $300 administrative fee will be deducted from their deposit and the remaining amount will be refunded. In the event the deposit received does not cover the above mentioned cost, customer will be billed for any unpaid remaining balance due.
     

  • If the Customer wishes to cancel their Accepted Quote AFTER the order has been shipped from the manufacturer and is in route or has already been delivered to UnderCover Systems of New York, LLC and is in their possession, the Customer must pay remaining balance due on the materials, shipping, and/or delivery fee, plus a $300 administrative fee, and accept delivery of said materials to the Customer’s residence.

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  • At this point the Customer has taken ownership of the material, and the original Accepted Quote is deemed satisfied by both parties.  If, at any point in the future, customer wishes to have UnderCover Systems of New York, LLC install the materials, a new quote for the installation must be created and the usable condition of the materials needs to be approved by UnderCover Systems of New York, LLC before quote is accepted by Customer.

 

In the event ordered materials are delivered to UnderCover Systems of New York, LLC and Customer has not paid the remaining balance due on materials, shipping, delivery fee, and $300 administrative fee, UnderCover Systems of New York, LLC will retain ownership of the ordered materials, and no deposit will be refunded to Customer.


It is the goal of UnderCover Systems of New York, LLC to always make the Customer as whole as possible in the event the Customer needs to cancel.  We want every Customer to know they are a valued part of our business and will do everything reasonably possible as described in this policy to satisfy the scope of work agreement in place through the Accepted Quote.

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UnderCover Systems of New York, LLC reserves the right to make changes to this policy at any time without notice.

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