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HomeMy WebLinkAboutAGREEMENT4625 EAST BAY DR. STE. 305 CLEARWATER, FL 33764 727-571-4141 Certified Solar Lic. #CVC05665&SCANNED LSCI, INC. DBA SUN-TEC Agreement Certified Electrical Lic. #EC13001300 1 HAVERHILL PKWY #201 —,-','VI ERA BEACH, FL 33407 877-834-7868 Certified Air Conditionine Lic. #CAC009274 Purchaser's Names: � Dannel Schwartz 9 Yg 9 IIrlp l►1-yup Date 2/12/2018 DOB's 02/09/1946 SSN's 083347886 Address 2511 NW Hollyberry Ln Phone Main: 7727813390 Alt: City Palm City Zip 34990 Couny saint Lucie Email'sdanneli@shirshalgm.org This agreement and the worksheet agreement(s) attached hereto (the "Agreement"), by and between LSCI, Inc., a Florida corporation doing business as Sun-Tec ("LSCI"), and the purchaser listed above (the "Purchaser"), specify the terms for the materials to be provided and services to be performed by LSCI in the residence located at the address listed above (the "Property"). LSCI shall furnish, deliver and arrange for installation (the "Services") of all materials necessary to improve the Property (the "Products") according to the following specifications, including all worksheets and forms attached hereto: ' ❑ Solar Hot Water to Photovoltaic: 10440 Series ❑ Solar Fan: W ❑ Solar Pool ❑ Other: x Bank Deposit $ 0 Permit $ 0 Balance $ 37000 Total $ 37000 Cash Check No. CC Type CC No. � DOE SC N LSCI and Purchaser agree as follows: (1) Services. LSCI shall perform all Services and install all Products in a professional and workmanl changes, alterations, or additional demands by Purchaser shall be accomphshed pursuant to a chi charges, which if in excess of S100, shall be paid by Purchaser at the time of such change. P specifically ordered by LSCI may require an up charge, such charge due upon the change. (2) WarmotV All Products are warranted as per the individual Product manufacturer guidelines for rep with all manufacturer requirements associated with those warranties. LSCI solely warrants those be made to the Products' manufacturer(s). (3) Payment. Purchaser shall pay LSCI for the Products and Services in accordance with the payment a late fee equal to five percent (5%) of any installment due under this Agreement that is more than due immediately. If any payments due require the use of collection services, Purchaser will be li Products will remain with LSCI until all sums due have been paid, and LSCI reserves the right to Additionally, LSCI can stop work if payment as set for herein is not made when due. Except as o (4) Risk of Loss for Products. Once Products have been delivered to the Property, it is Purchaser's rl 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 accordingly, Purchaser agrees to pay to LSCI ten percent (10%) of the price stated in this Agree l before commencement of Services. Once LSCI furnishes Services or Products under this Agree r I this Agreement. Purchaser shall not have to pay liquidated damages if this Agreement is voided b (6) No Liability for Damages. In performing the Services, LSCI bears no responsibility for any watef unless such damage is the direct result of the gross negligence or willful misconduct of LSCI. LS from the operation or failure of Products, or for work done on existing air conditioning units o�• any damage to the Property, provided however, that Purchaser shall be responsible for protecting Services are being performed. Purchaser agrees that while LSCI is performing Services, Purchus v rp manner, and comply with existing government codes and regulations.11 order signed by both parties. Additional Services may require additional nets or alterations requested by Purchaser subsequent to Products being , repair, and manufacturing defects, provided that Purchaser complies performed by LSCI in installing Products, and all other claims must dule attached to this Agreement. Purchaser shall pay ISCI, on demand, iys delinquent, and returned checks shall carry an additional fee of $100, for costs of collection, including reasonable attomeys' fees. Title to the up any Products if payments as set forth herein are not made when due. rise stated herein, any deposits are non-refundable. sibility to care for them. LSCI bears no responsibly for theft or damage Agreement before commencement of work may be difficult to determine, and went as liquidated damages for a breach of Agreement by Purchaser occurring enf LSCI will be entitled to actual damages, plus 20%, if Purchaser breaches y LSCI management or if financing approval is not obtained. damage, paint damage, framing damage, or any other damage to the Property CI will not be held liable for loss or damage, consequential or direct, arising components thereof. LSCI shall use reasonable precaution to protect against any valuable object or items, or removing such items from the area in which er 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 Purchase Is 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 forpermits obtained relevant to Services performed pursuant to this Agreement. 1 (9) Purchaser's Right to Cancel. If this Agreement is a home solicitation sale, and Purchaser does not want LSCPs 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 Prolducts 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 terms of this paragraph 9, LSCI 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 pa�tics. (11) Assignability. Neither this Agreement nor any right or interest hereunder shall be assignable by the Purchaser without LSCI's prior written consent. ('12) Enforceability If any term or condition ofthis 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 Cach and every term and condition of this Agreement shall be valid and enforced to the fullest extent and in the broadest application permitted by law. (13) Binding Effect: This Agreement is not binding on LSCI unless approved and accepted by an officer of LSCI. Upon acceptance by LSCI, each ofthe 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. 1 (14) Legal Fees and Costs: If a legal action is initiated by any patty 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 die same, any and all fees, costs and expenses reasonably incurred by each successful patty 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. i (15) Governing Law: Venue. This Agreement shall be governed in accordance with Florida law. Tlic parties to this Agreement irrevocably and unconditionally consent to the jurisdiction and venue of the state and Federal courts located in Pinellas County, Florida in connection with any action related to this Agreement. To perform properly, all Products must be installed pursuant to applicable code, manufacturer's instructions, and within limitations of the building structure. Under NO circumstances will Product engineering, site specific specifications, warranty requirements, Building Department requirements, installation requirements, manufacturer tests and recommendations of.applicationlinstallation 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 LSCPs 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. Rep(print) Derek Taylor Purchaser t7� Date 2/12/2018 LSCI Officer Purchaser Date