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1. Scope of Services
1.1 Services Provided
JazMarc provides upholstery, repair, refurbishment, fabrication, installation, and related services, as well as general home repairs and improvements (“Services”) for the item(s) or property listed on the Order (“Project”).

1.2 Customer Disclosures
Customers must disclose any known issues that may affect the Services, including water damage, mold/mildew, structural weakness, electrical hazards, pest activity, prior repairs, or any unsafe conditions.

1.3 Site Conditions
For on‑site work, Customer must provide safe access, adequate workspace, and necessary utilities. Customers are responsible for removing personal belongings and protecting valuables in the work area.

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2. Quotes, Pricing & Hidden Conditions

2.1 Quotes
Quotes are based on visible conditions at the time of inspection and are valid for 7 days. Final pricing may change after opening walls, removing materials, or discovering concealed conditions.

2.2 Hidden Conditions
If hidden issues are discovered (e.g., rot, wiring problems, plumbing leaks, structural damage, deteriorated foam, rusted hardware), JazMarc may pause work and notify Customer. Additional labor or materials will only proceed with Customer approval (text/email acceptable).

2.3 Customer-Supplied Materials
If Customer provides materials, JazMarc does not warranty their quality or performance. Extra labor caused by defective or incompatible materials is billable.

 

3. Massachusetts‑Compliant Deposits & Payment Requirements
Massachusetts Home Improvement Contractor Law (M.G.L. c. 142A) requires specific rules for deposits, payment schedules, and contract disclosures. JazMarc follows all required standards.

3.1 Deposit Limit (Required by Massachusetts Law)
a)    For residential home‑improvement projects, the maximum deposit allowed is one‑third (33%) of the total contract price, unless:
b)    Special‑order or custom materials must be purchased in advance
c)    Materials are not normally stocked
d)    The project is under $1,000
e)    If special‑order or custom materials are required, the deposit may include the full cost of those materials.

3.2 Progress Payments (Required by Law)
Massachusetts requires that every payment schedule be clearly stated in the contract. JazMarc uses a milestone‑based payment schedule that includes:
The amount of each payment
The stage of work that triggers each payment
Final payment due upon completion

3.3 Final Payment
Final payment is due upon completion and before release or delivery of the Item or Project.

3.4 Prohibited Billing Practices (Required by Law)
JazMarc will not:
a)    Request payment for work not yet performed
b)    Request payment for materials not yet delivered or installed (unless they are special‑order/custom materials)
c)    Increase the contract price without a written, signed change order

3.5 Payment Methods & Fees
Accepted forms include cash, card, check, ACH, or other approved methods. Returned payments incur a $35 fee plus bank charges.

 

4. Written Contract Requirements (Massachusetts Law)
For all home‑improvement contracts over $1,000, Massachusetts law requires the contract to include:
a)    Contractor’s name, address, phone number, and HIC registration number
b)    Detailed description of the work
c)    Total contract price
d)    Payment schedule
e)    Estimated start and completion dates
f)     A 3‑day right‑to‑cancel notice
g)    Warranty information
h)    Statement about the Home Improvement Contractor Guaranty Fund
i)     Signatures of both contractor and customer
j)     JazMarc includes all required elements in every home‑improvement contract or work order.

 

5. Change Orders (Required by Law)
All changes to the scope of work, materials, or price must be documented in writing and approved by the customer. Text or email approval is acceptable under Massachusetts law.
JazMarc will not perform additional work or bill additional charges without a written change order.

 

6. Scheduling, Lead Times & Delays
Start and completion dates are estimates only. JazMarc is not responsible for delays caused by material shortages, shipping delays, weather, access issues, or Customer approval delays.

 

7. Customer Property, Pre‑Existing Conditions & Risk

7.1 Pre‑Existing Conditions
JazMarc is not responsible for pre-existing damage, deterioration, or issues that become visible during the Project.

7.2 Older or Deteriorated Items
Older homes, vehicles, furniture, and marine items may contain brittle, weakened, or corroded components that can fail during normal work. JazMarc is not responsible for such failures when reasonable care is used. Customer is responsible for replacement materials and additional labor.

7.3 Material Variations
Color, grain, texture, sheen, and dye-lot variations may occur. “Close match” does not mean identical.

 

8. Cancellations, Refunds & Consumer Rights

8.1 Three‑Day Right to Cancel (Required by Law)
For residential home‑improvement contracts signed at the customer’s home, Customer has a 3‑business‑day right to cancel without penalty.

8.2 Cancellation After Work Begins
If cancellation occurs after work begins:
a)    Customer pays for all labor performed to date
b)    Customer reimburses JazMarc for all materials ordered or committed
c)    A cancellation fee of 20% of the remaining balance (or $250, if applicable) will be charged
d)    Deposits become non‑refundable

8.3 No Refunds on Custom or Installed Work
Custom work, special‑order materials, and installed items are final sale.

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9. Storage, Pickup & Abandoned Items
Completed items include 10 business days of complimentary storage. After 10 days, storage is billed at $25 per day per item. Items unpaid and uncollected after 60 days may be considered abandoned and disposed of according to law.

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10. Delivery, Installation & Access

Customers must ensure safe access and accurate measurements. JazMarc is not responsible for pre-existing conditions or concealed issues at Customer's premises.

 

11. Limited Warranty

JazMarc warrants its workmanship for 365 days from completion. Remedy is limited to re-performing the defective workmanship or issuing a credit for the affected portion.

Warranty does not cover:

a)    Normal wear and tear

b)    Sun fading/UV damage

c)    Stains, spills, pet damage, misuse

d)    Customer-supplied materials

e)    Pre-existing or age-related deterioration

f)    Damage caused by third parties

g)   Manufacturer warranties, if any, are passed through to Customer.

 

12. Limitation of Liability

JazMarc's total liability will not exceed the amount paid for the specific Project. JazMarc is not liable for indirect, incidental, or consequential damages. Claims must be submitted within 7 days of discovery and no later than 1 month after completion.

 

13. Photos & Marketing

Customer authorizes JazMarc to take before and after photos for portfolio and marketing use, without revealing personal identifying information.

 

14. Customer Representations

Customer represents that they own the property or item or have authority to approve the Services.

 

15. Dispute Resolution

Parties agree to attempt good faith resolution before filing any claim. Any legal action must be brought in Norfolk County, Massachusetts. The prevailing party may recover reasonable attorney's fees and costs.

 

16. Notices

Notices may be delivered by personal delivery, certified mail, or email. Email notices are effective upon confirmed transmission.

 

17. Licensing & Compliance

JazMarc Upholstery & Home Solutions is a registered Home Improvement Contractor in the Commonwealth of Massachusetts. HIC Registration #:142423 All work is performed in accordance with Massachusetts regulations and industry's best practices.

 

18. Right to Withhold Materials; Security Interest; Mechanic?s Lien Rights (Massachusetts Home Improvement Projects)

    a) To the fullest extent permitted by Massachusetts law, Customer grants JazMarc Upholstery & Home Solutions a security interest       in all materials, fixtures, components, and improvements furnished or installed as part of the Project until all amounts due under the     contract are paid in full. JazMarc may withhold delivery or installation of materials, suspend work, or delay completion if payments     are not made according to the agreed?upon schedule.

    b) Customer acknowledges that JazMarc retains all rights available under M.G.L. c. 254 (Massachusetts Mechanic?s Lien Law),           including the right to file a Notice of Contract, Statement of Account, or any other lien document necessary to secure payment for         labor, materials, and services provided. JazMarc may take any commercially reasonable actions to perfect or enforce its lien or             security interest, including filing statutory notices, recording lien documents with the Registry of Deeds, or pursuing collection             remedies as allowed by law.  Customer remains responsible for all unpaid balances, interest, attorney?s fees, filing fees, and costs of     collection to the fullest extent permitted by law.