DCC Companies Inc.

dba Matrix Construction Services

California Contractor License No. 878441

These terms and conditions apply to all invoices issued by DCC Companies Inc. dba Matrix Construction Services.

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1. PAYMENT TERMS

Payment is due in full within thirty (30) days of the invoice date (Net 30). Payment shall be made payable to DCC Companies Inc. dba Matrix Construction Services. Acceptance of the work, materials, parts, or services described in this invoice constitutes the customer’s agreement to pay the invoiced amount in full in accordance with these terms.

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2. LATE PAYMENT AND FINANCE CHARGES

Any invoice not paid within the applicable payment terms shall be deemed past due. Past due balances shall accrue a finance charge at the rate of one and one-half percent (1.5%) per month (eighteen percent (18%) per annum) on the outstanding unpaid balance, or the maximum rate permitted by applicable California law, whichever is less. The failure of DCC Companies Inc. dba Matrix Construction Services to assess a finance charge on any particular invoice shall not constitute a waiver of its right to assess finance charges on any other past due amounts, unless such waiver is expressly agreed to in writing.

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3. COLLECTIONS AND LEGAL FEES

In the event that any invoice is not paid when due and DCC Companies Inc. dba Matrix Construction Services refers the matter for collection, the customer agrees to pay all reasonable costs and expenses incurred in connection with such collection efforts, including but not limited to collection agency fees, attorney fees, court costs, and any other reasonable expenses. This obligation applies regardless of whether litigation is commenced.

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4. CREDIT CARD AND DEBIT CARD CONVENIENCE FEE

DCC Companies Inc. dba Matrix Construction Services accepts payment by credit card and debit card as a convenience to its customers. In the event a customer elects to pay by credit or debit card, a convenience fee of three percent (3%) will be assessed on the total amount paid by credit or debit card. This convenience fee is not assessed on payments made by cash or check. By submitting payment via credit or debit card, the customer acknowledges and accepts this convenience fee.

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5. WORKMANSHIP AND MATERIALS

All materials provided by DCC Companies Inc. dba Matrix Construction Services are guaranteed to meet the specifications described in this invoice. All work is performed in a workmanlike manner and in accordance with standard industry practices. Any alteration or deviation from the scope of work described herein that involves additional cost will be performed only upon a written change order signed by both parties, and any such additional work shall constitute an additional charge over and above the invoiced amount.

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6. TITLE RETENTION AND EQUIPMENT

Title to any equipment, materials, or parts sold and delivered by DCC Companies Inc. dba Matrix Construction Services shall remain the property of DCC Companies Inc. dba Matrix Construction Services until payment is received in full. In the event of non-payment, DCC Companies Inc. dba Matrix Construction Services reserves all rights and remedies available under California law with respect to such equipment and materials, including but not limited to the right to pursue a claim for the value of such equipment and materials through the dispute resolution process set forth herein.

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7. FORCE MAJEURE

DCC Companies Inc. dba Matrix Construction Services shall not be liable for any delay in performance or failure to perform resulting from causes beyond its reasonable control, including but not limited to strikes, labor disputes, accidents, acts of God, material shortages, supply chain disruptions, or other events beyond the reasonable control of DCC Companies Inc. dba Matrix Construction Services.

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8. INSURANCE

DCC Companies Inc. dba Matrix Construction Services maintains workers’ compensation insurance coverage for all employees performing work on this invoice, as required by California law.

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9. DISPUTE RESOLUTION AND GOVERNING LAW

This invoice and these terms and conditions shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.

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Any dispute subject to arbitration under these terms shall be submitted to binding arbitration administered by RCBA Dispute Resolution Service, Inc., Riverside, California, in accordance with its then-current rules and procedures. The arbitrator shall be selected by mutual written agreement of the parties within fifteen (15) days of a written demand for arbitration. In the event the parties cannot agree upon an arbitrator within such period, the arbitrator shall be appointed by RCBA Dispute Resolution Service, Inc. in accordance with its standard selection procedures. The arbitrator shall be a neutral and independent party with no financial or personal interest in the outcome of the proceeding.

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The arbitrator’s award shall be final and binding and shall include an award of all attorney’s fees, costs, and arbitration fees and expenses to the prevailing party. Any arbitration award may be entered as a judgment in the California Superior Court for the County of Riverside. Notwithstanding the foregoing, DCC Companies Inc. dba Matrix Construction Services reserves the right, at its sole discretion, to pursue any claim in the Small Claims Court of the State of California where the amount in controversy falls within the jurisdictional limits of that court.

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10. ENTIRE AGREEMENT

This invoice and these terms and conditions constitute the entire agreement between DCC Companies Inc. dba Matrix Construction Services and the customer with respect to the services and materials described herein and supersede all prior discussions, representations, or agreements. These terms and conditions may not be modified except by a written instrument signed by an authorized representative of DCC Companies Inc. dba Matrix Construction Services.

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NOTICE TO CUSTOMER — MECHANICS LIEN WARNING

PLEASE READ THIS NOTICE CAREFULLY.

Anyone who helps improve your property, but who is not paid, may record what is called a mechanics’ lien on your property. A mechanics’ lien is a claim, like a mortgage or home equity loan, made against your property and recorded with the county recorder.

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Even if you pay your contractor in full, unpaid subcontractors, suppliers, and laborers who helped to improve your property may record mechanics’ liens and sue you in court to foreclose the lien. If a court finds the lien is valid, you could be forced to pay twice or have a court officer sell your home to pay the lien. Liens can also affect your credit.

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To preserve their right to record a lien, each subcontractor and material supplier must provide you with a document called a ‘20-Day Preliminary Notice.’ This notice is not a lien. The purpose of the notice is to let you know that the person who sent you the notice has the right to record a lien on your property if he or she is not paid.

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BE CAREFUL. The Preliminary Notice can be sent up to 20 days after the subcontractor starts work or the supplier provides material. This can be a significant problem if you pay your contractor before you have received all Preliminary Notices.

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You will not receive Preliminary Notices from your prime contractor or from laborers who work on your project. The law assumes that you already know they are improving your property.

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PROTECT YOURSELF FROM LIENS. You can protect yourself from liens by obtaining a list from your contractor of all subcontractors and material suppliers that work on your project. Find out from your contractor when these subcontractors started work and when these suppliers delivered goods or materials. Then wait 20 days, paying attention to the Preliminary Notices you receive.

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PAY WITH JOINT CHECKS. One way to protect yourself is to pay with a joint check. When your contractor tells you it is time to pay for the work of a subcontractor or supplier who has provided you with a Preliminary Notice, write a joint check payable to both the contractor and the subcontractor or material supplier.

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For additional ways to protect yourself from liens, visit the Contractors State License Board website at www.cslb.ca.gov or call CSLB at 1-800-321-CSLB (2752).

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DCC Companies Inc. dba Matrix Construction Services  •  California Contractor License No. 878441

This document is a draft for attorney review only and does not constitute legal advice. Do not use without review and approval by a licensed California attorney.

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