TERMS AND CONDITIONS

NOTICE TO OWNER: Pursuant to California Civil Code Section 3110-3112, Under Mechanic's Lien Law, any contractor, subcontractor, laborer, material man or other person who helps to improve your property and is not paid for his/her labor, services, or material, has a right to enforce his/her claim against your property.

TERMS AND CONDITIONS: IT IS UNDERSTOOD AND AGREED

PRICE: Customer agrees to pay the balance stated above as the Full Price For All Labor and Materials Necessary to Complete This Contract In Accordance With The Above Specifications. Customer agrees to make payment as follows:
PROGRESS PAYMENT IF NOT RECIEVED WITHIN 5 DAYS OF REQUEST ARE CONSIDERED PAST DUE AND WILL INCUR AND INSTEREST CHARGE OF 12.5% PER MONTH.

CHANGE ORDERS: Any changes from or additions to the work covered herein (other than because of delay or destruction) must be made the subject of a written agreement or memorandum, in which such alteration is authorized by Customer and accepted for performance by Contractor. In the absence of a written subsequent order contract providing for such deviation of work, Customer will have no cause of action against Contractor for failure to deviate from the terms of the instrument based on an alleged oral agreement; and Contractor will have no cause of action against Customer for failure to compensate him/her for work deviating from the terms of this instrument based on alleged oral agreement. In the event such a subsequent contract is executed, its terms will govern over those of any prior contract in the transaction; and, otherwise, it will be considered incorporated along with all prior change order contracts into this initial agreement.

CONTRACTOR'S ASSIGNMENT: Contractor may assign rights or delegate duties under this contract to any successor in interest on any voluntary or involuntary disposition of his/her entire business, or of that portion of it involving home improvement construction. Contractor may assign any right to receive compensation under this contract alone without delegated work responsibility.

CUSTOMER'S ASSIGNMENT: Customer may assign any benefits or delegate any duties of payment or other responsibility under this contract to any successor in title on ownership or tenancy interest to the premises herein described. However, Customer will remain personally liable for all his/her performance required under this contract.

CUSTOMER AGREES: To accept and permit Contractor to install the merchandise specified in this order, and Contractor agrees to install same in accordance with the terms and specifications herein stated. Customer does not acquire right to sell, assign, or dispose of the above property until it is entirely paid for; and in case of default in payment, Customer, its agent or assigns is authorized to take possession of and recover said property not withstanding installation or annexation to Customer's property, without demand or notice of any kind and Customer hereby waives all rights of action or other causes. In the event of Customer's default, Contractor shall have the right to collect reasonable rental charges from Customer for the use of the above description.

CUSTOMER ACKNOWLEDGES: That he/she has been informed by Contractor that wood used in the structure purchased hereunder, if any, may warp, crack or chip because of aging and/or exposure to the elements. This is a natural process and seller shall in no way be liable for such occurrences. Purchased also acknowledges that measurements contained herein are "mill sizes" which may be less than actual specified sizes, and that such mill sizes will meet the specifications provided herein.

CLEANUP: Contractor will perform all work as tidily as is consistent with correct performance of such work. All equipment and materials will be removed forthwith on completion of the work and payment, with the premises being left free from all such refuse as is consistent with correct completion of Contractor's operation.

SAFETY: Contractor will take all required, necessary and customary precautions in introducing and maintaining safety measures against all hazards likely to relate to the types of work involved hereunder. Protective arrangements will be made in all instances to prevent work operations from damaging the premises in any way.

PERMISSION TO OPERATE IN NEIGHBORING PROPERTIES: Customer will take full responsibility for obtaining permission, whenever necessary during the course of the work, from the appropriate authorities or agencies with respect to performing any operations on adjoining properties in connection with the work hereunder or operating on the property involved in this contact from such neighboring premises. Customer will fully indemnify the ownership or tenancy interest of such properties where required. Under no circumstances will Contractor be liable for any payment required to obtain such permission; and inability to obtain such permission based on payment not forthcoming constitutes an obstruction to work beyond Contractor's control.

PERMITS: Contractor will obtain all necessary licenses and permits (except for zoning changes) required to execute all or any portion of the work to be performed hereunder and will furnish to Customer at his/her request copies of any certificated or other documents evidencing compliance with such laws, ordinances, or other regulations of the various agencies or departments involved.

RISK OF LOSS: Contractor will be liable for damage or disrepair to the property or persons only directly attributed to his/her negligence. Customer assumes all other risk of loss or damage to property or Contractor's work in progress, and no such loss or damage relieves Customer of any obligation under this contract. Customer will provide, entirely at his/her own expense, continuously during the work herein adequate property damage and public liability insurance to cover the scope of all activities contemplated hereunder and the value of all services, labor, material, equipment and goods involved in this work as well as all reasonable claims liable to occur during the course of work.

WARRANTIES: Customer represents that he/she is the person properly authorized, whether by virtue of ownership or tenancy interest, agency relationship with any such interest, or otherwise to enter into this agreement for Contractor's services and goods. Customer will keep the property and any improvements or materials on it free from any obstructive or conflicting claims that would tend to impede Contractor's work or interfere with his performance

TIME FOR PERFORMANCE: The work performed will commence approximately on the installation date, and shod be completed within the specified and agreed timetable. If the job is not properly completed by such date due to obstruction circumstances beyond Contractor's control rendering such completion objectively impossible, the work will be competed as soon thereafter as reasonably possible. Such obstructive circumstances include but are not limited to, natural elements (including inclement weather), strikes, fire and the act or omissions of other persons. Any increase in costs to Contractor resulting from any obstruction or delay for which Contractor is not responsible (including destruction to of work performed or removal of materials) will be added to and become an included part of the price of work as if originally comprehended herein without necessity of any subsequent contract.

REMEDIES OF CONTRACTOR: Should Customer be in default of compensation owing (at any time) under the agreement for a period of three (3) days after such compensation is due, Contractor, in addition to any other legal remedies or processes available, may terminate the agreement and enter the premises and remove any portion of, or all, materials or goods installed at or affixed to the premises under this agreement, (so long as the work of removal does not substantially interfere with any materials or goods installed outside of this agreement) up to the extent that they represent in their then current condition the (portion of the) price then owing to Contractor under the agreement.

RETENTION OF TITLE/C OF O: Title, materials, and/or certificate of occupancy supplied by Contractor will remain with Contractor and not pass to Customer until the entire price called for herein or any subsequent extra work contract has been paid. Such items will not be deemed until such time of entire payment. Contractor may remove any amount or portion of such materials equivalent in value to any payment in default. Not part of this provision, however, may be asserted as against any lien holder whether prior or subsequent to any lien which Contractor might hold against the property, whose lien has been granted as a security interest in the property for the purpose of financing its improvement in any manner, or any assignee or successor of such lien holder.

ATTORNEY'S FEES: In the event of any arbitration or litigation between the parties concerning the work hereunder or any event related thereto, the party prevailing in such dispute will be entitled to reasonable attorney's fees and customer agrees that the place of bringing suit (venue) shall be Riverside County, California. The written provisions of this Agreement contain the entire understanding between the parties hereto, and no other representation or inducements, oral or written, have been made which are set forth herein.

INTEREST: Shall accrue on account unpaid more than 30 days from the date of the invoice at the rate of 12.5% per month per annum. The parties expressly acknowledging that such charges are for compensation for loss of use by Contractor of the money due under the agreement.