Mcguire signed contract 5185999
CLEAResult
41 Brigham St.,
Marlborough, MA, 01752
Customer Name: STEVEN MCGUIRE
Email: stevenmcguire89@gmail.com
Phone: 909-238-5392
Premise Address: 84 Federal St, Salem, MA 01970
Mailing Address: 84 FEDERAL ST, Salem, MA 01970
Project ID: 5185999
Date: Feb. 29, 2024
Job Description
Contractor will perform or cause to be performed the following work on these "Premises" in a professional manner and in accordance
with the terms of this Contract, including the attached recommendations/work order describing the work in detail (the "Work") which are
incorporated herein by reference.
Measure Description Location Quantity Unit Total Cost Customer Cost
Rim Joist - 2" Thermal Barrier Polyiso Living Space 77 SF $425.04 $106.26
Air Sealing at Estimated 62.5 CFM50 Per Hour Living Space 1 hr $106.59 $0.00
Door Sweep (with AS hrs) Living Space 4 each $118.64 $0.00
Exterior Door Weather Stripping (with AS hrs) Living Space 4 each $145.28 $0.00
Total:$795.55
Program Incentive:-$689.29
Customer Total:$106.26
Payment
Customer agrees to pay Contractor for the Work, the Customer Share of the Contract Price as follows: Payment #1: $36.00 as a
Deposit payable to CLEAResult upon signing the Contract (not to exceed 1/3 of the total retail costs). Mail check & contract to
CLEAResult, 41 Brigham St., , Marlborough, MA, 01752. Final Payment: $70.26 as the final payment for the Work shall be payable to
the Home Performance Contractor (HPC) or Independent Installation Contractor (IIC) upon satisfactory completion of the Work.
Customer understands that he/she will not be required to pay the Utility Incentive Share of the Contract price in the amount of $689.29.
Changes to individual line items and/or previous incentives may increase or decrease the size of the Utility Incentive Share.
Dispute Resolution
The IIC and Customer hereby mutually agree in advance that in the event that the IIC has a dispute concerning this Contract, the IIC may submit such
dispute to a private arbitration service which has been approved by the Office of Consumer Affairs and Business Regulation and Customer shall be
required to submit to such arbitration as provided in M.G.L. c 142A.
You may cancel this agreement if it has been signed by a party at a place other than an address of the seller, provided you notify the
seller in writing by ordinary mail posted, by telegram sent or by delivery, not later than midnight of the third business day following the
signing of this agreement. DO NOT SIGN THIS CONTRACT IF THERE ARE ANY BLANK SPACES.
CONTRACT
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______________________________________
Customer Signature
___________
Date
______________________________________ ________________
Indicate your selected IIC here, if applicable Initial here if you
want the Program
to assign a
Participating
Contractor
______________________________________
CLEAResult Signature
___________
Date
______________________________________
Name of CLEAResult Representative
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4/11/2024
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TERMS AND CONDITIONS
ASSIGNMENT OF CONTRACT BY CLEAResult
Customer acknowledges that CLEAResult will, and Customer hereby requests CLEAResult to, assign this Contract to the IIC to undertake the Work on
the terms set forth in the Contract. After such assignment: (a) CLEAResult shall no longer be a party to this Contract; and (b) Customer shall have no
recourse against CLEAResult for any of the performance, non-performance or deficient performance of the Work or any obligations under this Contract
performed by, or on behalf of, the IIC. Notwithstanding the foregoing, Customer shall provide CLEAResult with (i) such information regarding the IIC's
performance as CLEAResult may reasonably request; and (ii) reasonable access to the Premises as CLEAResult may request to permit CLEAResult
to inspect IIC's work; and (c) Furthermore, Customer agrees that he/she/they (i) shall notify CLEAResult of any dispute between Customer and the IIC
concerning the Contract; (ii) shall provide CLEAResult with such information regarding the dispute as CLEAResult may reasonably request; and (iii)
consent to CLEAResult's participation, at its sole election, in any arbitration or other dispute resolution proceeding between Customer and the IIC.
LIMITED TIME OFFER
The terms, prices, and any incentive offered in this Contract are valid for only thirty (30) days from the date of CLEAResult's presentation of this
Contract to the Customer. In the event that Customer does not execute this Contract and return it to CLEAResult within such thirty (30) day period, the
terms, prices and any incentive offered by CLEAResult is NULL and VOID.
COMMENCEMENT AND COMPLETION
The IIC will not begin the Work or order the materials before the sixth (6th) day after the execution of this Contract by CLEAResult and Customer,
whichever signs later (the "Contract Execution Date"). Subject to the availability of subcontractors/materials and to delays attributable to the weather or
"acts of God", the IIC shall begin performing the Work as soon as practical after the Contract Execution Date, and the IIC shall substantially complete
the Work no later than sixty (60) days after that Contract Execution Date, barring delay caused by circumstances beyond the IIC's control, including but
not limited to any delay resulting from Customer's decision to wait for a particular IIC. Each of CLEAResult and the IIC reserve the right to advise the
Customer of changes in the projected start and completion dates, based upon availability of materials and subcontractors. Upon completion of the
Work, the IIC will leave the Premises in a neat and orderly condition but shall not be responsible to correct conditions outside the scope of its Work.
MODIFICATION
Prior to CLEAResult's assignment of this Contract to the IIC set forth in Section IV (above), this Contract cannot be changed except by a writing signed
by CLEAResult and the Customer. After CLEAResult's assignment of this Contract to the IIC set forth in Section IV (above), this Contract cannot be
changed except by a writing signed by the IIC and the Customer that has been approved in writing by CLEAResult.
PERMITS
In connection with the Work to be performed at the Premises by the IIC Under Contract, the following permits may be required for this project
depending upon the judgment of local inspectors: Electrical, Plumbing/Gas, Mechanical, Building. The IIC shall be responsible to, and shall, obtain any
and all permits required for performance of the Work. The IIC shall inform the Customer of the permits required and any Customer co-pay or cost of
the required permit acquisitions. If Customer chooses to secure her/his own work-related permits, and/or deal with an unregistered contractor,
Customer will be excluded from the Guaranty Fund provisions of M.G.L. c. 142A.
CUSTOMER'S DUTY
Customer must prepare the Premises for the Work. Objects which obstruct areas of Work must be moved before the Work is to commence. Customer
affirms that they have received no incentives (from the above-named Utility) during the last calendar year.
DISCLAIMER OF LIABILITY OF CLEAResult AND UTILITY
Customer understands and acknowledges that the IIC is not an agent, vendor or sub-vendor of the Utility or CLEAResult with respect to the installation
of any energy efficiency measures. In the event of the failure of any energy conservation device to perform as expected, Customer agrees that
Customer's sole recourse is to the IIC and not to CLEAResult or the Utility. The Utility and its operating companies shall not maintain, remove or
perform any work whatsoever on the energy conservation measures installed. Customer understands and acknowledges that its participation in the
Mass Save Home Energy Services Program is voluntary and that it has consented for the IIC to install the proposed energy conservation measures.
Customer agrees that it shall not hold CLEAResult, the Utility, their affiliates or operating companies liable for the IIC's failure to perform its obligations
under this Contract, for failure of the energy conservation measures to function, for any damage to Customer's Premises caused by the IIC or for any
and all damages to property or injury to persons caused by the energy conservation measures.
ENERGY BENEFITS
The local sponsoring Utility is entitled to 100% of the energy benefits associated with all energy conservation measures, excluding the value of energy
cost savings by the Customer, but including all rights to all associated ISO-NE Energy, Capacity and Reserves Products (as defined by ISO New
England), and the IIC agrees to provide the Utility with such further documentation as the Utility may request to confirm the Utility's ownership of such
benefits and Products.
IIC REGISTRATION
The IIC and any subcontractors must be registered by the director and any inquiries about the IIC or any subcontractor relating to a registration should
be directed to: Office of Consumer Affairs and Business Regulation, Home Improvement Contractor Registration, 10 Park Plaza, Room 5170, Boston,
Massachusetts 02116, 617-973-8700.
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IIC WARRANTIES
The IIC warrants as follows:
A. Materials and workmanship will meet or exceed the specifications in CLEAResult's Materials and Installation Standards.
B. The Work and the materials furnished by the IIC will conform to the requirements of this Contract. If there be a defect in workmanship or
materials, or any damage caused by its subcontractors or employees is discovered within one year after completion of the Work (including
cleanup), the IIC will, at its own expense, at its option, remedy, repair, correct, replace, or cause to be remedied, repaired, corrected or
replaced such defect or damage.
CUSTOMER RIGHTS UNDER M.G.L. C 142A
Customer has the following rights under M.G.L. c. 142A:
A. At the time of signing this Contract, the Customer shall be furnished with a copy of it. No Work shall begin prior to the signing of this Contract
by the Customer and CLEAResult.
B. Any party may bring an action to enforce any provisions of Mass. G.L. c. 142A or to seek damages or the Customer may request that a dispute
be decided under the terms of a private arbitration program approved by the Secretary of the Executive Office of Consumer Affairs and
Business Regulations.
C. Customer may have the right to be compensated from the Residential Contractor's Guaranty Fund for actual losses incurred as a result of a
registered contractor's or subcontractor's conduct found by a court to be work performed in a poor or unworkmanlike manner or which violates
certain laws for the protection of consumers within 6 months after the Customer has obtained a judgment or arbitration award and has
exhausted customary reasonable efforts to collect the judgment or award.
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