PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE SIGNING, EXECUTING, OR RELYING UPON ANY DOCUMENT, ESTIMATE, CONTRACT, PROPOSAL, OR AGREEMENT PROVIDED BY HD BUILDERS LLC ("HD BUILDERS," "COMPANY," "WE," OR "US"). BY SIGNING, INITIALING, OR OTHERWISE INDICATING YOUR ACCEPTANCE OF ANY DOCUMENT ISSUED BY HD BUILDERS LLC, YOU ("CLIENT," "BUYER," OR "SIGNING PARTY") ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS SET FORTH HEREIN.
1. SCOPE AND APPLICATION
These Terms, Conditions & Liability Disclaimer (201cTerms201d) apply to and are incorporated into all documents issued by HD Builders LLC, including but not limited to:
• Construction contracts and subcontractor agreements
• Project proposals, bids, and scopes of work
• Cost estimates, budgets, and line-item breakdowns
• Purchase agreements and sales contracts
• Change orders, addenda, and amendments
• Trade partner agreements and vendor documents
• Superintendent and field-related documentation
• Any template, form, or document provided in physical or digital format
These Terms are binding upon execution of any of the above documents. Execution includes, but is not limited to, a handwritten signature, electronic signature, digital initials, or any other affirmative acknowledgment.
2. LIMITATION OF LIABILITY — GENERAL
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HD BUILDERS LLC, ITS OWNERS, OFFICERS, EMPLOYEES, AGENTS, SUBCONTRACTORS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY CLAIM, LOSS, DAMAGE, COST, OR EXPENSE OF ANY KIND ARISING OUT OF OR RELATED TO:
• Any document, estimate, contract, agreement, template, or form provided by HD Builders LLC
• Any discrepancy, error, omission, or ambiguity contained in any such document
• Any reliance placed upon any estimate, proposal, budget, or cost projection provided by HD Builders LLC
• Any misinterpretation, misapplication, or misuse of any document or information provided
• Any failure of any document, form, or agreement to meet the specific legal, regulatory, or contractual requirements of any jurisdiction, municipality, or governing body
This limitation applies regardless of the form of action, whether in contract, tort (including negligence), strict liability, or otherwise, and whether or not HD Builders LLC has been advised of the possibility of such claims or damages.
3. ESTIMATES AND COST PROJECTIONS — DISCLAIMER
All cost estimates, budgets, line-item breakdowns, and project projections provided by HD Builders LLC are prepared in good faith based on information available at the time of preparation. However, Client expressly acknowledges and agrees that:
• All estimates are approximations only and are not guarantees of final project cost.
• Actual costs may vary significantly from estimates due to market conditions, material price fluctuations, labor availability, unforeseen site conditions, design changes, permit requirements, or any other factor beyond HD Builders LLC's control.
• HD Builders LLC shall bear no liability for any variance between estimated and actual costs, whether such variance results in cost overruns, scheduling delays, or any other consequence.
• Client is solely responsible for verifying all estimates against independent sources and securing sufficient financing to cover actual project costs, including contingency.
• No estimate shall constitute a fixed-price contract unless explicitly stated in a fully executed separate agreement.
4. CONTRACT DISCREPANCIES — DISCLAIMER
HD Builders LLC makes reasonable efforts to ensure the accuracy and completeness of all contracts, agreements, and other documents. Notwithstanding the foregoing, Client acknowledges and agrees that:
• It is the sole and exclusive responsibility of the Client to review all contract documents with a licensed attorney prior to execution.
• HD Builders LLC makes no warranty, express or implied, that any contract or agreement is legally sufficient, enforceable, or compliant with applicable federal, state, county, or local laws and regulations.
• Any discrepancy, conflict, or ambiguity discovered within or between any documents shall not give rise to any claim, liability, or obligation on the part of HD Builders LLC.
• Client waives any right to assert a claim against HD Builders LLC based solely on a discrepancy, error, or omission in any document, unless such discrepancy results from the gross negligence or willful misconduct of HD Builders LLC.
5. REGULATORY, CODE, AND LEGAL COMPLIANCE — CLIENT'S RESPONSIBILITY
Client expressly assumes full and sole responsibility for ensuring compliance with all applicable laws, regulations, codes, ordinances, and requirements, including but not limited to:
• Federal, state, county, and local building codes and zoning ordinances
• South Carolina Residential Building Code and any local amendments thereto
• Environmental, stormwater, and land disturbance regulations
• HOA covenants, conditions, restrictions, and architectural guidelines
• Permitting requirements of any governing jurisdiction
• OSHA and workplace safety regulations
• Any other legal or regulatory requirement applicable to the project or property
HD Builders LLC strongly recommends that Client independently consult with a licensed attorney, licensed engineer, local building department, and/or other qualified professionals to verify compliance before commencing any work. HD Builders LLC assumes no responsibility or liability for any failure to comply with any applicable law, regulation, or code.
6. INDEMNIFICATION
Client agrees to indemnify, defend, and hold harmless HD Builders LLC and its owners, officers, employees, agents, subcontractors, and affiliates from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:
• Client's failure to independently verify the accuracy, legality, or regulatory compliance of any document or estimate provided by HD Builders LLC
• Client's reliance on any estimate, proposal, or projection without independent verification
• Any action or proceeding brought by a third party arising from Client's use of HD Builders LLC documents or services
• Any violation of applicable law, regulation, or code attributable to Client's decisions or actions
7. NO LEGAL OR PROFESSIONAL ADVICE
Nothing contained in any document issued by HD Builders LLC constitutes legal, financial, architectural, engineering, or other professional advice. HD Builders LLC is not a licensed attorney, financial advisor, architect, or engineer. Client is solely responsible for obtaining independent professional advice from appropriately licensed professionals before making any decisions in connection with the project.
8. DISPUTE RESOLUTION
In the event of any dispute arising out of or related to any document issued by HD Builders LLC, the parties agree to first attempt resolution through good-faith negotiation. If negotiation fails, the parties agree to submit the dispute to non-binding mediation before pursuing any other legal remedy. Any legal action arising hereunder shall be governed by the laws of the State of South Carolina, and venue shall lie exclusively in York County, South Carolina.
9. ENTIRE AGREEMENT — SEVERABILITY
These Terms, together with any fully executed agreement between the parties, constitute the entire understanding between the parties with respect to the subject matter hereof and supersede all prior negotiations, representations, or agreements. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
10. ACKNOWLEDGMENT AND AGREEMENT
By signing below, Client acknowledges and agrees that:
• Client has read and fully understands these Terms, Conditions & Liability Disclaimer in their entirety.
• Client has had the opportunity to consult with a licensed attorney prior to signing.
• Client agrees to be fully and unconditionally bound by all terms and conditions set forth herein.
• Client accepts full and sole responsibility for performing independent due diligence, verifying regulatory and legal compliance, and consulting appropriate licensed professionals.
• Client releases, discharges, and waives any and all claims against HD Builders LLC arising from any document discrepancy, estimate variance, or regulatory non-compliance, to the fullest extent permitted by law.
