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Home My WebLink AboutAGREEMENT4625 East Bay Dr., _ ;15 LSCI, INC. DBA SV N_TE(, , 7231 HAVERHILL PKWY #201 Clearwater, FL So/04 RIVIERA BEACH, FL 33407 727-571-4141 Agreement 877-834-7868 Certified Solar Lic. #CVC056656 Certified Electrical Lic. #EC13001300 Certified Air Conditioning Lie. #CAC009274 Purchaser's Name)) // , 00 Date,/ / DOB i ^ 6 Page 1 of DAn 't Owl 0Oj6+-`J Street , .✓ y►" 'ZWk 11 n C: ollA'/of 315x City ztp3 q Cort SSN 1Lxkv, a rhis agreement and the worksheet agreement(s) attached hereto (the "Agreement"), by and between LSCI, Inc., a Florida corporation doing ausiness as Sun-Tec ("LSCI"), and the purchaser listed above (the "Purchaser"), specify the terms for the materials to be provided and services :o be performed by LSCI in the residence located at the address listed above (the "Property"). LSCI shall furnish, deliver and arrange for ,nstallation (the "Services") of all materials necessary to improve the Property (the "Products") according to the following specifications, including all worksheets and forms attached hereto: �ri�� 11 Solar Hot Water ❑ Photovoltaic ❑ Solar AC ❑ Classic AC ❑ Solar Pool ❑ Solar Fan )7 Other: by f�R i S b+�"n 36W S K Banke/N Deposit $ _ Permit $ Balance $ f 7 Total $ Cash _ Check No. CC Type CC No. LSCI and Purchaser agree as follows: DOE SC No. (1) Services. LSCI shall perform all Services and install all Products in a professional and workmanlike manner, and comply with existing government codes and regulations. All changes, alterations, or additional demands by Purchaser shall be accomplished pursuant to a change order signed by both parties. Additional Services may require additional charges, which if in excess of $100, shall be paid by Purchaser at the time of such change. Products or alterations requested by Purchaser subsequent to Products being specifically ordered by LSCI may require an up charge, such charge due upon the change. (2) Warranty. All Products are warranted as per the individual Product manufacturer guidelines for replacement,repair, and manufacturing defects, provided that Purchaser complies with all manufacturer requirements associated with those warranties. ISCI solely warrants those Services performed by ISCI in installing Products, and all other claims must be made to the Products' manufacturer(s). (3) Payment. Purchaser shall pay LSCI for the Products and Services in accordance with the payment schedule attached to this Agreement. Purchaser shall pay LSCI, on demand, a late fee equal to five percent (5%) of any installment due under this Agreement that is more than 10 days delinquent, and returned checks shall carry an additional fee of $100, due immediately. if any payments due require the use of collection services. Purchaser will be liable for costs of collection, including reasonable attorneys' fees. Title to the Products will remain with LSCI until all sums due have been paid, and LSCI reserves the right to pick up any Products if payments as set forth herein are not made when due. Additionally, ISCI can stop work if payment as set for herein is not made when due. Except as otherwise stated herein, any deposits are non-refundable. (4) Risk of Loss for Products. Once Products have been delivered to the Property, it is Purchasers responsibility to care for them. LSCI bears no responsibly for theft or damage to Products once such Products have been delivered to the Property. (5) Liquidated Damages. Purchaser acknowledges and agrees that actual damages for breach of this Agreement before commencement of work may be difficult to determine, and accordingly, Purchaser agrees to pay to LSCI ten percent (10%) of the price stated in this Agreement as liquidated damages for a breach of Agreement by Purchaser occurring before commencement of Services. Once LSCI furnishes Services or Products under this Agreement, LSCI will be entitled to actual damages, plus 20%, if Purchaser breaches this Agreement. Purchaser shall not have to pay liquidated damages if this Agreement is voided by LSCI management or if financing approval is not obtained. (6) No Liability for Damages. In perforating the Services, LSCI bears no responsibility for any water damage, paint damage, framing damage, or any other damage to the Property unless such damage is the direct result of the gross negligence or willful misconduct of LSCI. LSCI will not be held liable for loss or damage, consequential or direct, arising from the operation or failure of Products, or for work done on existing air conditioning units or components thereof. LSCI shall use reasonable precaution to protect against any damage to the Property, provided however, that Purchaser shall be responsible for protecting any valuable object or items, or removing such items from the area in which Services are being performed. Purchaser agrees that while LSCI is performing Services, Purchaser shall keep the working area free and clear of third parties to avoid any kind of personal injury. (7) Authorization of Credit Check. The Purchaser authorizes LSCI to verify and review Purchaser's credit score with an independent credit reporting agency, and releases LSCI from any inadvertent omissions or errors in obtaining such credit scores. (8) Permits. By executing this Agreement. Purchaser authorizes LSCI to apply for and sign for permits on Purchaser's behalf. This authorization is only valid for permit% obtained relevant to Services performed pursuant to this Agreement. (9) Purchasers Right to Cancel. If this Agreement is a home solicitation sale, and Purchaser does not want LSCrs Services or Products, Purchaser may cancel the Agreement in person, by telegram or by mail. The notice must indicate that Purchaser does not want the Products or Services and must be delivered or postmarked before midnight of the third business day after execution of this Agreement. If Purchaser cancels this Agreement in accordance with the terns of this pamgmph 9, ISCI shall return any deposits made by Purchaser. (10) Entire Agreement: Except for loan documents executed by the parties in conjunction with this Agreement, the Agreement and the exhibits attached hereto constitute the entire understanding of the parties with respect to the subject matter hereof. and no amendment, modification or alteration of the terms hereof shall be binding unless the same be in writing, dated subsequent to the date hereof and duly approved and executed by each of the parties. (11) Assignability. Neither this Agreement nor any right or interest hereunder shall be assignable by the Purchaser without LSCrs prior written consent. (12) Enforceability: If any term or condition of this Agreement shall be invalid or unenforceable to any extent or in any application, then the remainder of this Agreement, and such term or condition except to such extent or in such application, shall not be affected thereby and each and every term and condition of this Agreement shall be valid and enforced to tire fullest extent and in the broadest application permitted by law. (13) Binding Effect: This Agreement is not binding on ISCI unless approved and accepted by an officer of LSCI. Upon acceptance by LSCI, each of the provisions and agreements herein contained shall be binding upon and inure to the benefit of the personal representatives, devisees, heirs, successors, transferees and assigns of the respective parties hereto. (14) Lcgal Fcc% and Costs: If a legal action is initiated by any party to this Agreement against another, arising out of or relating to the alleged performance or non-performance of any right or obligation established hereunder, or any dispute concerning the sane, any and all fees, costs and expenses reasonably incurred by each successful party or his or its legal counsel in investigating, preparing for, prosecuting, defending against, or providing evidence, producing documents or taking any other action in respect of, such action shall be paid or reimbursed by the unsuccessful party. (15) Governing law: Venue. This Agreementshall be governed in accordance with Florida law. The parties to this Agreement irrevocably and unconditionally consent to the -+ Y. — jurisdiction and venue of the state and Federal courts located,in:Pincllas County, Florida in connection with any action related tot this Agreement. --- ---- To perform properly, all Products must be installed pursuant to applicable code, manufacturar's instructions, and within limitations of the building stricture. Under NO circumstances will Product engineering, site specific specifications, wairanty- requirements, Building Department requirements, installation requirements, manufacturer tests and recommendations of application/installation be altered.'Purchaser shall not have the authority to alter, change, or release liability from the above requirements for any reason. Should any third party other than LSCI's technicians alter, change, relocate, or damage Products, or portions of LSCI installed Products, all warranties shall be null and void, and Purchaser bears all responsibility and liability and releases all vendors, suppliers, manufacturers, engineers, test facilities and LSCI from such liabilities. Verbal understandings and agreements with LSCI representatives are not binding on LSCI. Any understanding not set forth in this Agreement is not binding on LSCI. un,P n1?��1� Purchaser 0 Date g 1 ( Z' \ Re (print) LSCI Officer Purchaser ��A� (p OGId (li /r�l Date ORIGINAL— OFFICE YELLOW COPY - CUSTOMER Revised 01/12I2016