TERMS AND CONDITIONS
TERMS OF CONTRACT:
1. Authority. Once executed by a duly authorized representative of MIGHTY HOLDINGS, INC. (”Mighty”) and Buyer this proposal shall become a legally binding agreement (contract) unless it is cancelled as provided for herein. Provided, however, Mighty reserves the right to change work specifications where conditions unknown at the time of contract execution indicate such change would be in accordance with the best practice in the industry. In the event of the need to change any work specifications due to conditions unknown at the time of the contract execution Mighty shall provide Buyer with notice of the same. No credit or allowance will be made by Mighty for any alteration in this proposal unless a duly authorized representative of Mighty consents to such a credit or allowance in writing.
2. Subcontracting and Payment: Mighty, directly or through its subcontractors, shall furnish all materials and perform all labor according to the specifications set forth herein. Final payment in full of the contract price (‘final payment balance”) shall be due and payable to Mighty on the day the work is completed. If final payment balance is not made on the day the work is completed, Buyers shall be obligated to pay Mighty the final payment balance plus a Late Payment Fee that shall begin accruing after the seventh calendar days following the day the work is completed. Said Late Payment Fee shall be calculated by multiplying the final payment balance by the interest rate which shall be either 0.5% per day, or the maximum interest permissible by law. Said Late Payment Fee shall continue to accrue until the final payment balance is received by Mighty (For clarity, this provides a grace period of 7 days for making final payment. Following said grace period payment the full balance of the contract price owed Mighty and any accrued Late Payment Fees shall be due and payable.)
3. No Third Party Beneficiaries: Nothing in this proposal/contract is intended to be, nor shall it be construed to, give any person or entity other than the parties hereto any right, remedy or claim under or in respect of this proposal/contract or any provisions hereof. No party may assign any or all of its rights, duties or obligations under or pursuant to this agreement.
4. Binding Contract: Buyer’s signature on this proposal evidences Buyer’s acknowledgement of and agreement to be bound by the terms of this a legally binding contract for the within described materials and services of to be provide by Mighty. Buyer may only cancel this contract by exercising Buyer’s right to cancel as more fully described in the attached “Notice of Cancellation”. In the event Buyer terminates this contract after the 3rd business day following the execution of this transaction, Buyer shall be obligated to pay to Mighty the greater of 25% of the Contract Price or the value of the services performed and materials supplied in connection with the performance of this contract.
5. Entire Agreement: This agreement, together with any and all attachments, schedules and exhibits attached hereto, in addition to any agreements contained in the chat function of the MIGHTY mobile app, constitutes the final, complete and exclusive agreement between the parties with respect to the services and/or products/materials described herein, and supersedes any prior or contemporaneous oral or written agreement, proposal, warranties, and representations. This agreement prevails over any conflicting or additional terms of any quote, order, invoice or other communication, whether written or oral. No subsequent modification, amendment or waiver shall be effective unless in writing and executed by the parties.
6. Force Majeure: Mighty shall not be, or be deemed to be, in breach of this agreement if and to the extent its obligations are delayed or prevented by any act of God, war, fire, natural disaster, accident, riots, acts of government, shortage of materials or supplies, acts of terror or terroristic threats, or failure of any transportation or communication system, or any other cause not within the reasonable control of Mighty. Any additional costs attributable to acts of Force Majeure shall be shared equally by Mighty and Buyer.
7. LIMITED WARRANTY: MIGHTY WARRANTS TO BUYER, FOR ONE YEAR FOLLOWING COMPLETION OF THE WORK (THE “WARRANTY PERIOD”), THAT THE SERVICES, WORKMANSHIP AND MATERIALS PROVIDED BY MIGHTY SHALL BE FREE FROM DEFECTS AND SHALL BE PROVIDED IN A WORKMANLIKE MANNER. IF AND TO THE EXTENT ANY SUCH SERVICES, WORKMANSHIP AND/OR MATERIALS SHALL MATERIALLY FAIL TO CONFORM TO THE ABOVE WARRANTY, AS REASONABLY DETERMINED BY MIGHTY, MIGHTY SHALL AT ITS EXPENSE EITHER REPAIR OR REPLACE ANY SUCH MATERIALS OR REPAIR, REPLACE OR REPERFORM ANY SUCH SERVICES. THE WARRANTIES OF MIGHTY AND THE REMEDIES OF BUYER SET FORTH HEREIN SHALL BE ENFORCEABLE AND EFFECTIVE ONLY DURING THE WARRANTY PERIOD.
IF DURING THE WARRANTY PERIOD BUYER NOTIFIES MIGHTY IN WRITING OF ANY NON-CONFORMING WORK, STATING SPECIFICALLY THE NATURE OF THE ALLEGED NON-CONFORMING WORK, MIGHTY SHALL PROMPTLY INSPECT AND/OR REVIEW THE WORK AND IF NECESSARY PERFORM REMEDIAL SERVICES, PROVIDED BUYER MAKES THE WORK AVAILABLE TO MIGHTY FOR SUCH PURPOSES WITH REASONABLE PROMPTNESS AND AT REASONABLE TIMES.
THE WARRANTIES OF MIGHTY AND THE REMEDIES OF BUYER ARE EXCLUSIVE AND ARE GIVEN BY MIGHTY AND ACCEPTED BY BUYER IN LIEU OF ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE (WHETHER KNOWN TO MIGHTY OR NOT), ALL SUCH OTHER WARRANTIES BEING HEREBY EXPRESSLY DISCLAIMED BY MIGHTY AND WAIVED BY BUYER. IT IS SPECIFICALLY AGREED THAT MIGHTY SHALL HAVE NO LIABILITY, WHETHER CLAIMED IN CONTRACT EQUITY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR OR RESULTING FROM ANY NON-CONFORMANCE OF THE WORK WITH THE WARRANTIES SPECIFIED IN THIS ARTICLE EXCEPT AS AND TO THE EXTENT PROVIDED IN THIS WARRANTY ARTICLE.
8. LIMITATION OF LIABILITY: NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, UNDER NO CIRCUMSTANCES SHALL MIGHTY, ITS AGENTS, SUPPLIERS AND/OR THE EMPLOYEES OF EACH BE LIABLE FOR ANY LOSS, COST, DAMAGE, EXPENSE OR LIABILITY WHICH CUMULATIVELY IN THE AGGREGATE EXCEEDS THE AMOUNT PAID BY BUYER UNDER THIS CONTRACT, OR FOR ANY LOSS, COST OR EXPENSE TO BUYER ARISING OUT OF OR RELATING TO ANY DELAY IN OR TO THE SCHEDULE OF THE WORK, NOR SHALL EITHER PARTY HERETO BE LIABLE TO THE OTHER PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, (OR EQUIVALENTS THEREOF NO MATTER HOW CLAIMED, COMPUTED OR CHARACTERIZED); ARISING OUT OF OR IN CONNECTION WITH THIS CONTRACT, ITS SUBJECT OR ITS PERFORMANCE OR BREACH OF PERFORMANCE BY MIGHTY REGARDLESS OF WHETHER ANY SUCH LIABILITY SHALL BE CLAIMED IN CONTRACT, EQUITY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE.
9. Governing Law: This Proposal/Contract, its administration and performance, and all the rights, obligations, liabilities and responsibilities of the parties hereto, shall be governed by and interpreted in accordance with the laws of the Commonwealth of Pennsylvania without reference to its conflict of laws provisions.
10. Insurance: Mighty agrees to maintain liability insurance covering personal injury in an amount not less than $50,000 and insurance covering property damage caused by our work in an amount not less than $50,000. Upon Buyer’s request at the time of signing the contract Mighty will advise Buyer of the current amount of insurance coverage maintained.
11. ARBITRATION: PLEASE SEE SEPARATE AGREEMENT DOCUMENT, ATTACHED.
12. REGISTRATION: THE OFFICIAL REGISTRATION NUMBER OF MIGHTY HOLDINGS, INC. IS PA122989, WHICH CAN BE VERIFIED BY THE PENNSYLVANIA OFFICE OF ATTORNEY GENERAL’S BUREAU OF CONSUMER PROTECTION BY CALLING TOLL-FREE WITHIN PENNSYLVANIA 1-888-520-6680. REGISTRATION DOES NOT IMPLY ENDORSEMENT.
BUYER’S RIGHT TO CANCEL: “You, the Buyer, 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.”