Terms of Service for five40 remodeling

Last Updated: April 23, 2025

Get a Free Quote

Welcome to five40 remodeling! These Terms of Service (“Terms”) govern your use of our services, including but not limited to remodeling, renovation, and repair services (the “Services”) provided by five40 remodeling (“five40 remodeling,” “we,” “us,” or “our”). By engaging our Services, you (“you” or “Client”) agree to be bound by these Terms. Please read them carefully.

1. Agreement and Scope of Work:

All Services will be outlined in a separate written agreement or proposal (the “Agreement”). The Agreement will detail the scope of work, materials to be used, estimated timelines, and the total project cost.
The Agreement, once signed by both parties, constitutes the entire understanding between you and five40 remodeling regarding the specific project.
Any changes or modifications to the scope of work outlined in the Agreement must be agreed upon in writing and may result in adjustments to the project cost and timeline.

2. Pricing and Payment:

The total project cost will be outlined in the Agreement. Unless otherwise specified, the price quoted is an estimate and may be subject to change due to unforeseen circumstances, material cost fluctuations, or changes requested by the Client.
A payment schedule will be established in the Agreement. Typically, this may include an initial deposit, progress payments tied to project milestones, and a final payment upon completion.
All payments are due according to the schedule outlined in the Agreement. Late payments may be subject to interest charges as permitted by law.
Client is responsible for all applicable taxes, permits, and fees unless explicitly stated otherwise in the Agreement.

3. Project Timeline:

We will make commercially reasonable efforts to adhere to the estimated timelines outlined in the Agreement. However, project timelines are estimates and may be affected by factors beyond our control, such as material availability, weather conditions, unforeseen structural issues, and Client-requested changes.
five40 remodeling will communicate any significant delays to the Client in a timely manner.

4. Client Responsibilities:

You agree to provide us with access to the project site during reasonable hours to perform the Services.
You are responsible for ensuring that the project site is safe and free from hazards.
You are responsible for obtaining any necessary approvals, permits, or licenses required for the project unless explicitly stated otherwise in the Agreement.
You agree to make timely payments according to the agreed-upon schedule.
You agree to communicate any concerns or questions promptly.

5. Materials and Supplies:

Unless otherwise specified in the Agreement, five40 remodeling will be responsible for procuring the necessary materials and supplies for the project.
We reserve the right to substitute materials of comparable quality if specified materials are unavailable. We will notify you of any such substitutions.
Ownership of materials and supplies will transfer to the Client upon final payment.

6. Warranty:

five40 remodeling warrants that the Services will be performed in a professional and workmanlike manner, consistent with industry standards.
The duration and specific terms of any warranty on workmanship will be outlined in the Agreement.
Manufacturer warranties may apply to certain materials and products used in the project. These warranties are the responsibility of the manufacturer and will be passed on to the Client.
This warranty does not cover issues arising from normal wear and tear, misuse, neglect, acts of God, or modifications made by the Client or third parties after the completion of the Services.

7. Limitation of Liability:

To the maximum extent permitted by applicable law, five40 remodeling’s liability for any claims arising out of or related to the Services or these Terms shall be limited to the total amount paid by the Client under the Agreement.
five40 remodeling shall not be liable for any indirect, incidental, consequential, special, or punitive damages, including but not limited to loss of profits, loss of use, or business interruption, even if we have been advised of the possibility of such damages.

8. Termination:

Either party may terminate the Agreement upon written notice if the other party materially breaches these Terms or the Agreement and fails to cure such breach within a reasonable time.
Client may terminate the Agreement with written notice, but may be subject to payment for Services performed and materials purchased up to the date of termination, as well as reasonable cancellation fees.
five40 remodeling may terminate the Agreement if unforeseen circumstances make it impossible or impractical to complete the Services.

9. Governing Law and Dispute Resolution:

These Terms and the Agreement shall be governed by and construed in accordance with the laws of the State of Arizona, without regard to its conflict of law principles.
Any disputes arising out of or relating to these Terms or the Agreement shall be resolved through good faith negotiation. If negotiation fails, the parties agree to submit to mediation in Tempe, Arizona before initiating any legal action.

10. Entire Agreement:

These Terms, together with the signed Agreement, constitute the entire agreement between the Client and five40 remodeling and supersede all prior or contemporaneous communications and proposals, whether oral or written.

11. Severability:

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall remain in full force and effect.

12. Updates to Terms:

five40 remodeling reserves the right to update these Terms at any time. We will notify Clients of any material changes. Continued engagement of our Services after such changes constitutes acceptance of the updated Terms.