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HomeMy WebLinkAboutProposal or Contract_LSTAR SUNROOIU" Subsidary of JSJ Doors and Windows RESIDE772 203COMM 490 ERCIAL `TE fill Towq OQ YItIIIESY ,V-/• ALUMINUM 10380 SW Village Center Dr., Unit 242, Port St. Lucie, FL 34987 PGT• sunrooms54@live.com Licensed & Insured CBC 1262127 wtN, Bnre,- Nafe(s): Date of Agreement: ,j —30 Address: 'g C' v Home Phone City, Stale, Zip: �f2 S Cell Phone: ��,3 ��� g'�o Mrs. Email: Day Phone: - OMc ❑Mrs. Estimated Start Date: /D� S 4`y?/r his/ Estimated Corr iyr�: DBa e:C)A„ J�_3 Buyers jointly and severally agree(s) to purchase the goods and/or services of JSJ Contractors, LLC, in accordance with the terms and conditions described on the front and reverse of this agreement, ("Agreement"). Buyer(s) agree(s) to sign a completion certificate after Contractor has completed all work under this Agreement. Contractor shall endeavor to use its' best efforts to substantially complete the work by the estimated completion date, but shall not guarantee substantial completion by said date. Contractor shall not be responsible for any cost or inconveniences caused to Buyer(s) for failure to complete work by said date. We will clean up and remove all job related debris. # LOCATION STYLEITYPE OTHER # LOCATION STYLEITYPE OTHER # I LOCATION STYLEITYPE OTHER 1 6 11 2 7 12 3 8 13 4 9 14 5 10 15 SUNROOMS & SCREEN ROOMS NO.� Q �i'/l/�^ �2 �j. CD Qj� c�1Rc% S G INSULATED IMPACT HOA APPROVAL NEEDED SUNROOM: CONC ❑ Low 366 ES ONO ADDITION: STRAIGHT EAVE: EXISTING SLAB I ❑ TURTLE NUMBER OF WINDOWS —CATHEDRAL:❑ CTTNGT=��4�';I_ NEW SLAB & FOTOTAL NEAT GRASS TOTAL NUMBER OF DOORS INSULATED' CAP EXISTING S &FOOTING: ❑ OTHER IMPACT. ROOF: CUT EXISTING SLAB FOR NEW FOOTING: FRAMEC LOR ❑ WHITE ONZE INIOUT NON INSULATED IMPACT ❑ GREY ❑ TAN BRONZE OUTANHITE IN ATTACHMENT: RESIDENCES:—O.H:— MATCH EXISTING ELEVATION: ❑ BRONZE DESIGN: COLOR: FRAMETPE ❑CLEAR ❑HYBRID❑VINYL ❑ALUMINUM ❑WHITE ❑ OTHER BRAND: ❑ BRONZE A. PURCHASE PRICE $ We will prepare and process all permit and/or HOA paperwork, customer wl installation does not Include painting of any kind. We will repair stucco and/or drywall around window or door opening pay actual cost of permit that'e directly related to the installation. B. DOWN PAYMENT $ // BUYERS INITIALS BUYERS INITIALS Was home built prior to 19787 [::]YES ONO � C. JOB START PAYMENT {� '�Ofj '�/ $ UDo The undersigned acknowledges receipt of the Lead.Safe cartlned guide to renovations and the terms and c 9nsolthe'Lead Safe Work Practices" Addendum if document demonstrates the home was built prior D. BALANCE DUE UPON SUBSTANTIAL COMPLETION $ to B 1978. INITIALS 'If using a credit card for payment, Buyer(s) hereby authorizes JSJ Contractors, LLC to charge their credit card, without additional signature, balance due to Buyers) account upon delivery or completion. I have read and agree to the terms and conditions on the front and the reverse of tis Agreement. I specifically agree to the (1) purchase price; (2) work being performed; (3) work not being performed; and (4) the terms of any attachment or specification sheet. I understand that this Agreement and any attachments contain all of the promises made by Contractor. I have been orally advised of my right to cancel this transaction at any time prior to midnight of the third business day after the date of this transaction and I was provided with two (2) copies of a cancellation form explaining this right. YOU, THE BUYER(S), MAY CANCEL DATE OF THIS NSACTION. Signal a of Co rac or's r�tive / Print Name of Contractor's Representative THIS TRANSACTION AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE Signature of Customer eo 111 o ` e Print Name of Customer Signature of Customer Print Name of Customer White -Office Canary -Customer ADDITIONAL TERMS AND CONDITIO. °I' 'my*, "me','Owner','Buyer' means each persuii -wi,o signs this Agreement as a customer. "Contractor' means AI IStar Sun rooms who I have hired to perform the work. 1. PROJECT PROVISIONS a. Compliance: The project will be completed In strict compliance with all laws, ordinances, rules and regulations of the applicable government authorities. b. Change orders: As directed by the Owner, lender, public body or Inspector, any alteration ordeviation from the specifications that Involve extra cost will be executed only upon the parties entering Into a written change order. Payment for said changes is due upon signing of the written change order, unless otherwise specified. Expensethatis Incurred because of unusual or unanticipated conditions will be paid by the Owner. 2. FINANCIAL RIGHTS AND RESPONSIBILITIES jy a. Labor and Material: Contractor will provide and pay for all labor and materials necessary to complete the project. Owner will pay actual cost of permit. b. Permits: Contractor will prepare and process all permit paperwork. Contractor Is not responsible for any unforeseen costs Incurred In permitting. - These unforeseen casts may Include Items such as existing code violations. Owner Is responsible for any unforeseen cost. c. Taxes, Assessments and Charges: Taxes, special charges, and any assessments required by public bodies and utilities will be paid by the Owner. 3. OWNER RIGHTS AND RESPONSIBILITIES a. If the Owner cancels this Agreement after 3 business days, and Contractor elects to accept such cancellation, Contractor may keep all of the initial Investment and the Owner agrees to pay the Contractor a minimum of 15%plus any additional expenses Incurred that exceed the Initial Investment, Including, but not limited to the permits, materials purchased, fabrication, administrative and labor costs associated with this project. b. Liens: Contractor agrees to take all steps necessary for the release and discharge of any Mechanics Liens once project Is paid In full. See 'Lien Law Notice" on separate page. c. Insurance: Owner agrees to maintain property damage Insurance at least equal to the Purchase price. d. Damage to project: Contractor will not be responsible for any damage caused to the Owner's property, or other causes beyond the control of the Contractor. e. Notwithstanding any other provision In this Agreement to the contrary, Contractor shall have the right to cure any condition or defect alleged by Owner before Owner may commence any available action or remedy. As a result, the following notice is provided: CHAPTER S58 NOTICE OF CLAIM ANY CLAIMS FOR CONSTRUCTION DEFECTS ARE SUBJECT TO THE NOTICE AND CURE PROVISIONS OF CHAPTER 558, FLORIDA STATUTES. After complying with the requirements of Chapter 558, Florida Statutes (as partially noted above), If a dispute arises out of or relates to this Agreement, or a breach thereof, and said dispute Is not amicably resolved 30 days thereafter, submit the dispute to mandatory mediation In Martin County, Florida, and said mediation shall be administered by the American Arbitration Associate ("AAA-) under Its then prevailing Commercial Mediation Rules, prior to resorting to binding arbitration. 4. CONTRACTOR RIGHTS AND RESPONSIBILITIES a. This Agreement is subject to approval by the company prior to beginning construction on the project. If not approved, all monies paid on deposit will be refunded to the Owner. b. In case of default of the Owner, Contractor shall be entitled to recover all costs of collection Including reasonable attorneys' fees. C. Delay: Contractor will be excused by any delay beyond Its reasonable control. These delays may Include, but are not limited to acts of God, labor disputes and unavailability of product, bad weather, acts of public authority, acts of the Owner or other unforeseen contingencies. d. Right to stop work: If any payments under this Agreement are not made at specified time, Contractor may suspend work until such payment is made. e. Substitutions of Materials: If product becomes unavailable, Contractor may, without notice, substitute materials of equal or better quality. L Contractor promises to perform all work In a professional manner and within Industry standards. Contractor wlII remove and dispose of any debris and waste materials that are generated by Contractor, and leave the property in a broom -clean condition. If old Items are removed (such as old windows, doors, etc.), I can ask Contractor about disposing of those Items for me if I wish. g. Insurance: Contractor will maintain commercial general liability insurance. S. COMPLETION OF PROJECT a. I agree that when the work Is "substantially complete", I will pay Contractor the balance due on the purchase price. I understand that "substantially complete" means the work has been materially finished and functional as Intended. Any amounts remaining unpaid after the work Is "substantially complete" shall accrue Interest of 12% per annum or the highest rate allowed by law whichever is less. I agree that once I have paid the entire purchase price, If I believe any of the work performed by Contractor Is defective or Incomplete, Contractor will Inspect the work and will perform any service I am entitled to under this Agreement and/or any warranty. I understand that title to the products does not pass tome until Contractor completes Installation of my products and I pay the balance due on the purchase price. Once this Agreement Is paid In full, warranties will be sent by mall. 6. GENERAL PROVISIONS , a. Warrantles: In addition to manufacturers' warranty, Contactor warrants Its labor and workmanship for a period of 1 year. b. Owner shall be responsible for all reasonable and necessary maintenance of the work for the period immediately after substantial completion of the work. Any damage caused to the work as a result of: a) alterations to the work performed by forces other than Contractor's and b). Owner's failure to provide such maintenance, or alterations made to the work by forces other than Contractor's shall be grounds for voiding any applicable warranties. c. Environmental Conditions: Condensation, which can form an or within walls or other surfaces (such as glass), results from pre-existlng cenciltionsin a home and internal or external temperatures. Condensation is not a defect In a product. Reducing the humidity In a home will often remedy any condensation problems. I agree that Contractor Is not responsible for condensadon or existing or developing sport or mold growth, which can be a result of condensation. I agree that Contractor Is not responsible for the Identification, detection, abatement, encapsulation, or removal of asbestos, lead -based products, or other hazardous substances Inside or outside of my home, except as required In the EPA's "Lead Safe Certified Guide to Renovate Right' pamphlet. d. Window Treatments: I agree to remove my window treatments (blinds, curtains, Interior shutters) prior to Contractor's arrival. I aeree to nay Contractor an additional haoleo/535 00 ro eml.t d/or reinstall rzywinclow t t t [understand that due to sizing changes, my existing window treatments and/or storm doors may not fit the new openings. e. Alarms: Contractor will make every effort to reroute alarm wires through the new frame orjamb. I understand that I am responsible for the reconnection of alarm contacts. f. Damage: Contractor will take reasonable precautions to protect lawn and landscape, however, Contractor shall not be responsible for damage to lawn due to construction activities. g: qualificationi-Tsisdocument constitutes the entire Agreement of the parties and may only be altered by written agreement signed by Owner and Contractor. h. Governing Law: Jurisdiction and venue for all actions relating to this Agreement shall lie In Martin County, Florida. ' I. Arbitration: Any controversy or claim arising out of, this Agreement that cannot be resolved is subject to arbitration with an Arbitrator of mutual' consent. All parties shall be bound bythis arbitration and any pamesthatdo notattend sold meeting shall be bound bythe arbitrator'sflndings. - e;. j. Attorney Fees: If either party becomes Involved in litigation arising from this Agreement, the court shall award costs/expenses to the party justly entitled to them. k. Limitafions: No action related to this project maybe taken by either party against the other more than 2 years after completion of work. CONSTRUCTION INDUSTRIES RECOVERY FUND Payment may be available from the construction industries recovery fund if you lose money on a project performed under Agreement, where the loss results from specified violations of Florida law by a state -licensed contractor. For Information about the recovery fund and filing aclaim, contact the Florida Construction Industry Licensing Board at the following telephone and address: Department of Business and Professional Regulations Construction Industry Licensing Board, 1940 N Monroe St, Tallahassee, FL 32399-0783 (850)487-199S BUYER'S RIGHT TO CANCEL: This Is a home solicitation sale, and if you do not want the goods or services, you may cancel this Agreement by providing written notice to the seller in person, by telegram, or by mail. This notice must indicate that you do not want the goods or services and must be delivered or postmarked before midnight of thethirdbusiness day after you sign this Agreement. If you cancel this Agreement, the seller may not keep all or part of any cash down payment. PAYMENT SCHEDULE DRAFT: Owner agrees to waive any other percentage of payments due to Florida Statues and Owner agrees to and understands that payments are due as listed previously. A -Down payment is due at the signing of the contract; B - Material payment is due upon confirmation of material availability by the manufacturer and must be paid prior to shipping from manufacturer; C- Framing payment is due upon initial framingof the unit; and D- Substantial Completion payment is due upon arrival at the site on the day of substantial completion of the installation. Substantial completion shall consist of completion of all work contracted for between Owner and Contractor except corrective work because of minor damage to parts of the room installed; reordering of fewer than four panes of solar window panels because of change of measurement, shipping errors due to breakage; damage to the structure arising out of the work or other contractors or subcontractors not employed by the Contractor; or final inspection by the appropriate licensing authority. Re -glaze and Material Only orders utilize a differing payment schedule (i.e.: 4o%down payment). Any returns of payments by financial institutions will result in a stop of work and demand for payment. A late charge fee of 5% of the payment due will be assessed for any delinquent payment of 18% per annum on the total unpaid indebtedness, whichever is greater.