TERMS & CONDITIONS
- Estimate is an Offer. Unless stated otherwise in writing, you may accept our estimate,
via your signature and return of the signed document to us, for 30 days from the date on the estimate. The
estimate is otherwise void. Accepting the estimate creates a binding legal contract. The estimate may be
withdrawn prior to acceptance. - Deposit; Non-Refundable Portion. For projects exceeding $5,000.00, a fifty-percent
(50%), deposit is required prior to the commencement of work. In the event you decide to cancel the
contract, one-half of the deposit received is non-refundable. - Payment in Full; Interest on Balances; Right to Mechanics Lien. Payment in full is due
and payable upon substantial completion of the work. Sums that are due and payable but remain unpaid
net-thirty (30) days of the issuance of an invoice shall accrue interest at the rate of 1.5% per month,
compounding monthly. Notwithstanding any other term of this agreement, in the event of any payment
default, Mountain Valley may file a mechanics lien against the real estate associated with the job site for all
unpaid sums. - Fees and Work Not Included in the Price. Unless specifically otherwise stated in writing,
the price term herein does not include: taxes, permit fees, work of other trades to include (but not limited
to) electricians, drywall repair, carpenters, engineers, structural, concrete, etc., or additional work caused
by hidden conditions or work required by an inspector beyond the scope. The parties acknowledge and
agree that Mountain Valley shall not have any responsibility for the repair of existing code violations or
existing defects. - Warranty; Sole Remedy & Disclaimer. Effective only upon receipt of payment in full,
Mountain Valley a) warrants that its construction work (not to include demolition work) was performed in a
workmanlike manner and that the work performed was performed consistently with applicable building code;
and b) transfers and assigns to you any warranties that it receives from its suppliers for the products
installed during the course of the work. Effective only upon receipt of payment in full, Mountain Valley also
hereby agrees, for a period of one (1) year, free of charge, to return and remedy defects that fail the
foregoing standard. Who decides: you and Mountain Valley shall select a third-party neutral jointly. If the
third-party neutral agrees with you, then you agree to allow Mountain Valley to repair the defect(s) as your
sole remedy under this agreement. Work by any other party on the defect alleged voids the warranty.
Except as stated herein, PRODUCTS AND SERVICES ARE PROVIDED “AS IS” AND ANY EXPRESS OR
IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE DISCLAIMED. IN NO EVENT
SHALL MOUNTAIN VALLEY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO,
PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR
BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER
IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING
IN ANY WAY OUT OF THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGE. YOU AGREE that Mountain Valley’s maximum liability, whether in contract or in tort, shall not
exceed the price term of this agreement. - Access. During normal business hours you shall provide reasonable access to and from
the job site for all equipment, trucks and other vehicles used in connection with this project. Reasonable
access to a water supply shall be provided by you and you shall also supply electricity (and heat, if the
project is indoors) at no cost. - No Disparagement. Mountain Valley has invested heavily in its reputation and goodwill.
Therefore, for a period of two (2) years after the completion of the work, the parties hereto shall not badmouth or disparage each other to any third-party whatsoever, including, but not limited to, statements made
on the internet. - Mutual Indemnification. Each party hereto agrees to indemnify, defend, and hold the
other harmless of and from and against any loss, cost, or damage of any kind (including reasonable
attorneys’ fees) arising from the claims of third-parties to the extent such claims arise out of the work
performed under this Agreement and are attributable to a party’s gross negligence or willful misconduct
while the work was being performed. - Mediation, Choice of Law, Forum Selection, Attorneys’ Fees and Costs. In the
unlikely event of any dispute under this Agreement, including a dispute regarding the amount of fees or
costs owed to Mountain Valley, or the quality of its services, including any claim of malfeasance or
malpractice, such dispute shall be subject to mediation at the Denver Judicial Arbiter Group by a retired
judge, or other attorney-mediator mutually acceptable to the parties. Mediation shall be held within 60 days
upon written demand by any party to this agreement. The cost of mediation shall be split evenly between
the parties. Only after mediation is completed, and has failed, shall any party have a right to proceed in
Court. The parties agree that, in such event, jurisdiction and venue for any dispute shall only be proper in
the courts of the County where the work was performed and that Colorado law shall apply to this agreement.
In court, the substantially prevailing party shall be entitled to an award of its attorneys’ fees and costs from
the non-prevailing party. - Agreed Upon Mark-Up. You agree to pay for products used in the course of the work, but
not included in the initial estimate. Such products shall be marked-up 30% over cost to account for
employee time at purchase, storage, and transport to the job site. - Integration Clause. This agreement constitutes the entire agreement between the parties,
and supersedes all other estimates or prior agreements, oral or written, and all other communications
between the parties relating to the subject matter of this agreement. - Hidden Conditions & Hazardous Materials. You agree to disclose to Mountain Valley
any knowledge of hazardous materials (as defined by law) known or suspected. If, after beginning work,
defects or other unforeseen conditions are discovered which could not reasonably have been discovered
by Mountain Valley upon its initial inspection (e.g., invisible defects, hazardous materials, uncomforting
construction materials are required or used, etc.), Mountain Valley shall have the right, in its sole subjective
discretion, to terminate the agreement and you will be charged, and you agree to pay Mountain Valley, on
a time and materials basis plus a standard 30% markup on the services and costs incurred as a result of
such conditions. - Terms Surviving Termination. Sections 2, 3, 5, 7, and 9 shall survive the termination of
this agreement.
CO Danger Advisory. Carbon Monoxide is known as “the silent killer “and is a deadly gas.
Many of Mountain Valley’s services include work on fuel gas appliances that produce dangerous fumes
such as carbon monoxide. We take dangers from carbon monoxide very seriously and urge you to do the
same. You are required by Colorado State Law to have a Carbon Monoxide detector within 15 feet of any
sleeping areas and a smoke detector in every sleeping area.
Consent to Receive Marketing Materials. By purchasing our services you agree to receive
marketing materials to include but not limited to phone calls, emails, and text messages. You may opt out
at any time. We do not sell your data to any third party.
