- Description of the Project, Materials and Equipment: Costco proposes to furnish you with the materials, labor, equipment and supplies as detailed in the plans and specifications for your project (referred to herein as “Work Order”).
- Installation: Under this Contract, Costco does not perform the installation work. Costco will subcontract the work to an authorized independent third party subcontractor ("Dealer").
- Contract Price: {subTotal} including applicable taxes. The Contract Price will be charged upon completion of the Contract. Contract Price is to be made payable to Costco.
- Approximate Start Date: {startDate} Work is considered to have begun when materials for your Contract have been ordered. Installation shall commence on the approximate date above, subject to permissible delays set forth in this Contract.
- Approximate Completion Date: {approximateCompletion} Work shall be substantially completed by the approximate date above, subject to permissible delays set forth in this Contract.
- Permissible Delays: Costco and Dealer may need to extend
the approximate start and/or completion date due to the
following: local permitting or inspection delays; delays caused by
pre-existing conditions or hazardous conditions; inclement
weather; acts of god; accidents; shortage of labor or materials;
delay in receipt of product from the manufacturer; damage to
product during shipping; production errors by the manufacturer;
additional time required for change orders or additional work;
your failure to provide Dealer with uninterrupted access to the job
site; delays caused by you; scheduling conflicts; and other delays
unavoidable or beyond the control of Costco or Dealer.
- Note about Extra Work and Change Orders: Extra work and
change orders become part of this Contract once the order is
prepared in writing and signed by you and Costco or Dealer prior
to the commencement of work covered by the new change order.
The order must describe the scope of the extra work or change,
the cost to be added or subtracted from the contract, and the
effect the order will have on the approximate completion date. If
the parties fail to execute the extra work or change order in
writing, you will still be responsible for the cost of the work
performed based upon legal and equitable remedies designed to
prevent unjust enrichment.
- List of Documents to be Incorporated into the Contract: This
Contract consists of the terms herein, any change orders, and the
following documents: (1) Work Order, (2) additional Costco terms
and conditions if any provided to you, and (3) two Notice of
Cancellation forms. In the case of inconsistency among any of
the documents listed above and the terms of this Contract, the
terms of this Contract will control. These documents constitute
the entire understanding between the parties, and there are no
verbal or written understandings changing or modifying any of
the terms of these documents.
- Limitation of Liability: TO THE FULLEST EXTENT PERMITTED BY
LAW, NEITHER COSTCO NOR DEALER WILL BE LIABLE TO YOU FOR
ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL OR SPECIAL
DAMAGES AND UNDER NO CIRCUMSTANCE WILL COSTCO’S OR
DEALER'S LIABILITY TO YOU EXCEED THE AMOUNT YOU HAVE
PAID UNDER THIS CONTRACT.
YOU, THE CONSUMER, MAY CANCEL THIS TRANSACTION AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE OF THIS TRANSACTION. SEE THE ATTACHED NOTICE OF CANCELLATION FORM FOR AN EXPLANATION OF THIS RIGHT. DO NOT SIGN IF ANY BLANKS REMAIN ON THE CONTRACT.
Costco Return Policy Exception: Special order merchandise, custom merchandise and installed merchandise cannot be returned or refunded after the expiration of your right to cancel period. This is an exception to Costco's standard return policy.
Pre-Existing Conditions: Costco and Dealer are not responsible for pre-existing conditions, including any non-code compliant work performed by others. In the event it is determined by Costco or Dealer that this Contract cannot be performed as intended by the parties due to, for example, unforeseen structural defects or undiscovered pre-existing conditions to your property, Costco or Dealer may submit a change order to address the additional work, costs and schedule changes that would be incurred to remedy such conditions, if possible. If you decline the change order or otherwise fail to remedy the pre-existing condition, Costco shall not continue with the work, and shall cancel the contract. If the Contract is canceled, you agree to pay Costco the costs of materials, labor and services provided through the date of cancellation.
Hazardous Conditions: You agree to inform Dealer in writing of the presence and location of any potentially hazardous conditions at the project location prior to the start of work. In the event that Costco or Dealer suspects existing or developing spore or mold growth, asbestos-containing materials or other potentially hazardous conditions at the project location, Costco and the Dealer will stop work and will not attempt to test, repair or remediate such conditions. At your sole expense, you must arrange to have the hazardous condition tested, repaired and remediated by a third party in compliance with applicable laws within a reasonable period of time, or Costco may cancel this Contract. If the Contract is canceled, you agree to pay Costco the costs of materials, labor and services provided through the date of cancellation.
Interference with Performance: Costco reserves the right to cancel the Contract to the extent that either Dealer or Costco reasonably determines that the project cannot be performed as intended by the parties due to site changes or recommended site upgrades, the project cannot satisfy your expressed needs or preferences, you unreasonably interfere with the project, or Dealer encounters an unsafe, intimidating or offensive environment at the property. If the Contract is canceled, you agree to pay Costco the costs of material, labor and services provided through the date of cancellation.
Lead Paint: The U.S. EPA requires that all contractors use special lead-safe work practices to perform remodeling work on houses built before 1978 where lead paint is present. If the remodeling work does not qualify for an exemption, the area where the work will be performed must be tested for lead paint. You agree to pay Dealer or a third party certified renovator a surcharge fee to perform the test, the cost to be agreed-upon prior to the test. If the test reveals lead paint, a certified renovator is required to use special lead-safe work practices to remove the lead (the “Renovation”). If you wish to proceed with the Renovation, you agree to pay Dealer or a third party certified renovator a lead paint surcharge fee, which will be calculated based on the size and scope of the Renovation. If you do not proceed with the Renovation, Costco will cancel this Contract. If the Contract is canceled, you agree to pay Costco the costs of materials, labor and services provided through the date of cancellation.
Ownership/Consent: You promise that either (1) you hold legal title to the property or (2) you have written consent from each owner of the property for installation work to take place on the property.
Building Permits: Dealer will notify you of all necessary permits required by state or local codes and ordinances for the work to be performed. Unless required otherwise by law, Dealer will obtain the required permits, at your sole expense. If you choose to obtain the required permits, Dealer will not begin work until the permits are furnished. You agree to cooperate with Dealer by providing prompt information and execution of documents necessary for obtaining permits. You are responsible for obtaining all approvals required by a homeowner association or community association prior to the start of work.
Unpaid Amount: To the extent permitted by law, any unpaid amount due in connection with this Contract will accrue interest in the amount of 1% per month. In the event any obligation arising under this Contract is referred to or assigned to a collection agency for collection purposes, whether or not a lawsuit has been commenced, you agree to pay all costs of collection, including, but not limited to, reasonable attorneys’ fees.
Lien Notice: Costco and Dealer may have a claim against you which may be enforced against your property under applicable lien laws should you fail to pay all amounts due in connection with this Contract.
Credit Card/Financed Transactions: If you use a credit card or obtain financing to pay some or all of the Contract Price, you acknowledge that the terms of your cardholder agreement or financing documents may increase the total amount you must pay to the credit card provider or lender, including any interest charges and fees. You further acknowledge that Costco is not a party to any such cardholder or financing agreements.
Credit, Rebates and Other Incentives: Government agencies, utilities and others may offer a variety of credits, rebates and other incentives. Neither Costco nor Dealer is a party to such offers. Credits, rebates and other incentive offers are subject to change or termination by the offeror. You agree that you are solely responsible for completing any forms or applications associated with receiving such offers although Dealer may offer assistance in completing such forms. You agree that Costco and Dealer shall bear no responsibility in the event such offers (1) are not paid to you, (2) are paid in an amount that is less than or different from the amount expected, or (3) are not paid in a timely manner.
Product Warranties: Terms and conditions of manufacturer warranties are the responsibility of the manufacturer, not Costco. Please note that some manufacturer warranties may cover parts, but not labor costs for repairs.
Labor Warranties and Service: Dealer will offer a labor warranty of not less than one year from the date of installation. All repair or replacement costs are your responsibility after the expiration of the warranty period. If you choose to have alterations, maintenance, service, adjustments or repairs made to the product or component by a third party at any time after installation, neither Costco nor Dealer is responsible for costs, defects or damages resulting from such action. Costco will not replace or refund any product or component that has been modified by a third party at any time after installation. Neither Costco nor Dealer will be responsible for damages resulting from your failure to provide reasonable maintenance, improper handling and operation, misuse or abuse or other occurrences beyond the control of Costco or Dealer.
Opportunity to Cure: You agree to notify Costco of any work you allege to be defective within 30 days of discovery and within the applicable warranty period by calling Costco’s toll-free telephone number at 1-844-765-0251. You further agree to provide Costco and Dealer the opportunity to inspect the alleged defect within a reasonable period of time after Costco receives notice. If Costco and Dealer determine that a valid claim exists after inspection, you agree to allow Costco and Dealer to repair, reinstall, re-perform or refund the purchase price, at Costco’s option.
Photographs and Videos: You grant permission for Costco and/or Dealer to take photographs and videos of the project site before, during and after completion of the work to document the progress. Such photographs and videos will not be used for any marketing or promotional purposes.
Releases: You are entitled to receive a statement declaring that all subcontractors, laborers and materialmen will be paid in full.