TERMS:
All payments must be made on or before the date due according to the schedule below. If invoices are not paid on time a notice will be sent to the owner. If Sunset View Construction, Inc. (hereinafter referred to as “the company”) does not receive payment within five (5) days of notice to the owner, the company reserves the right to institute further legal action. Payments more than 30 days past due will accrue interest at 5% on all past due invoices. Draws will be as follows: 60% Deposit due on ordering, and 30% due upon installation and 10% due after final inspection and service. The Homeowner has a three (3) day right of rescission to cancel the contract after the date contract was signed. No refunds or modifications to the contract can be made after the product order has been placed with our supplier(s)..
*PLEASE NOTE THAT THERE IS A 3% SERVICE FEE FOR ALL CREDIT CARD PURCHASES*
CANCELLATION RIGHTS:
A sale for future services can be cancelled by the buyer by notifying the seller within three business days from the date the buyer signs the contract. There is no requirement that the notice be made in writing. However, it is a better practice for the buyer to send written notice to the seller by certified mail. Refunds for cancelled contracts for future services must be received within 20 days after the seller receives the notice of cancellation.
WARRANTY:
The company will honor the product warranty purchased by the homeowner. Sunset View Construction, Inc. offers a 10-year parts and labor warranty for the installation of the purchased products. Sealants on exterior openings must be inspected every year by the homeowner to verify there is no degradation and if so, it is the homeowner’s responsibility to maintain sealants around the openings after the installation is completed. The homeowner must report leaks within 48 hours to maintain warranty. Any claims for construction defects are subject to the notice and cure provisions of chapter 558, Florida Statutes.
COMPANY IS RESPONSIBLE FOR:
Damage to stucco, plaster, drywall and/or window sills that was caused directly from the installation (unless drywall/stucco/plaster was previously damaged by water and/or other elements beyond the company’s control). Company is also responsible for hauling away trash and old products from the jobsite.
Homeowner must initial here if he/she is taking responsibility for repairs after job is complete: _______ Type of repair (circle each one): Stucco/Drywall/Plaster/Sills/Tile
CUSTOMER IS RESPONSIBLE FOR:
-Removing window treatments. -Touch up painting. - Re-installing alarms on windows, sliders, and/or doors. We will be careful with the removal of alarms and alarm accessories and to make sure the homeowner has them all in hand from the products being removed. -Detailed cleaning of the new products and work space in which the new product(s) was installed. Although we do clean the newly installed products and work area to the best of our ability, we are not professional cleaners and encourage homeowners to have a professional cleaning service clean after the project is complete.
PLEASE INITIAL NEXT TO EACH LINE ITEM:
____ I have read and understand exactly what I am buying. I agree with the quantities, frame style, frame color, glass type, glass color, colonial style, or light configuration. I have clearly stated and verified that each opening is receiving the correct product and configuration. I understand that the company will be responsible for any measuring errors unless measurements were provided by the owner/contractor. I understand and accept all product warranties. ____ I understand and agree that in the case of a product warranty claim, the maximum amount of money that can be withheld from the final invoice cannot exceed the cost of the product in which the claim has been filed. All installation charges must be paid for every product installed regardless the status of warranty claims. ____ I understand that the company is not liable for preexisting damage to the flooring, tile, backsplashes, molding, window treatments, furniture, or any other item, whether tangible or intangible, in and around the area of work. Unless otherwise noted in the contract, the company is only responsible for damage to stucco, drywall, and/or plaster around the window or door opening only if damage occurred during the installation of the new product. I further understand that it will be my responsibility to repaint any areas where damage to stucco or drywall occurred and that it is common for new doors to need new flooring transitions, which are not included in this contract. ____ I understand that it is my responsibility to remove any and all window treatments from openings where work will be completed, and to move all furniture away from the work area. If the company must remove window or door treatments or pull furniture of any kind away from the work area, I understand I will be charged a minimum service fee of $25.00 per opening. I further understand that high value custom window treatments, bedroom sets, or antiques of any kind will not be moved, and if the company cannot effectively reach or work on the openings due to high-value furniture I will be charged a minimum fee of $500.00 for rescheduling the job. ____ I understand it is my responsibility to cut back or trim any landscaping that is within a 3 foot area around the opening being worked on and that if the company cannot effectively reach or work on the openings due to unmaintained landscaping I will be charged a minimum fee of $25 per opening.
Due to unforeseen price increases from our suppliers, quotes may need to be updated for accuracy after 30-days from initial creation. Once quote is signed by customer price will remain unchanged.
If the Company takes any legal action against Customer to collect or obtain full payment of the total amount due under this Agreement, the prevailing party shall be entitled to payment, from the non-prevailing party, of all reasonable attorneys’ fees and legal costs incurred in the payment dispute. This shall include, without limitation, the right to all reasonable attorneys’ fees and legal costs incurred: (1) in the payment dispute prior to initiating a formal legal action; (2) through all legal proceedings, including all appeals or settlement proceedings, if any, concerning the payment dispute; and (3) if applicable, by the prevailing party in seeking to collect the full amount of attorneys’ fees and legal costs awarded in a judgment or final order issued by a court or tribunal (or as provided in a settlement agreement).
60% DEPOSIT: _____________________
30% DUE AT INSTALLATION: __________________
10% FINAL BALANCE: ________________
I UNDERSTAND AND AGREE TO THE ABOVE TERMS:
PRINT NAME: __________________________________________________________________________
SIGNATURE: __________________________________________________________________________
DATE: ______/_______/_________ |