TERMS & CONDITIONS

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This contract and any agreement made pursuant thereto (the “Agreement”) is between FAS Windows & Doors, Inc. (the “Company”) and the property owner (“Owner”). Company and Owner may be collectively referred to as “Parties” and individually as “Party”. This Agreement is subject to all appropriate law, regulations, and ordinances in the State of Florida and the terms and conditions stated below.

 

Contents:  This Agreement is composed of these terms and conditions and any other documents created in furtherance of this Agreement (if applicable), and all other documents referenced in or incorporated into this Agreement, and any written modifications to this Agreement and any change orders. 

 

Credit Approval/No Assignments:  If this Agreement contemplates the use of credit or the making of periodic payments, then this Agreement is subject to approval of the Company’s credit department and office without exception.

 

Financing:  If Owner is financing this Project, then Owner is responsible for obtaining all financing that is or may be necessary to fund the work specified in this Agreement. Owner represents and warrants that Owner has sufficient funds or has arranged sufficient financing to comply with this Agreement and any alterations or modifications to this Agreement.

 

Company’s Responsibilities:  Company warrants that Company currently holds a valid license, if necessary, for all services it provides under the laws and statutes of the State of Florida.

 

Workers Compensation Insurance:  Company shall carry workers compensation insurance to protect Company’s employees during the progress of the work. Owner shall obtain and pay for insurance against injury to Owner’s own employees, persons under Owner’s direction, and persons on the jobsite at Owner’s invitation.

 

Protection of Owner’s Property:  Owner agrees to remove from the jobsite or to otherwise protect any personal property that may be damaged during construction including, but not limited to landscape/string lighting, lawn furniture, flags, potted plants, bird feeds, and any other removable features. All contents in the Owner’s attic should also be covered or removed. Company shall not be held responsible for damage to or loss of any items of personal property. It is the responsibility of the Owner to remove and protect these items.

 

Access to Work Site:  Owner shall grant free access to work areas for workers and vehicles and shall provide areas for storage of materials and debris. Owner agrees to keep driveways clear and available for movement and parking of trucks during scheduled working hours. Owner shall be responsible for securing all entrances to the jobsite in a manner adequate to prevent persons other than Owner, Company, and any authorized workers or material suppliers from gaining access to that site. If Owner denies access to any worker or supplier of materials during scheduled working hours, then Owner will be deemed in breach of this Agreement and subject to liability for any damages caused by the breach. Unless otherwise specified, Owner agrees to provide the electricity, water, or other utilities that Company requires at the jobsite to complete the work (the “Project”).

 

Advertising: Owner releases Company and any of its subsidiaries to use, reproduce, and/or publish, without compensation. photographs, audio, and/or video that may pertain to the Project. The material may be used in various publications, public affairs, releases, materials, internet marketing, broadcast public service advertising or other related marketing campaigns. Owner agrees to allow Company to place a Company sign on Owner’s property before, during, and/or after the Project.

 

Hazardous Materials:  Unless otherwise specified in this Agreement, the removal, disturbance, or transportation of hazardous materials, including asbestos, is not Company’s responsibility. The parties agree that, if Company encounters hazardous materials during the Project, Company shall stop work immediately and notify Owner who may then retain a qualified professional to perform the work.  Such work is not included under this Agreement and Owner is responsible for any additional costs.

 

Preparation, Work, and Material:  Unless agreed to in writing between Company and Owner and included in this Agreement, this Agreement does not include painting and preparation, filling, finishing, new or relocated gutters and downspouts, soffit, or fascia wrap.

 

New Construction: It is the Building Contractor’s responsibility to confirm all roof decking has been inspected and the decking is approved prior to roof dry-in. Building Contractor is responsible to confirm all roof penetrations have been made and have been inspected prior to final roof covering. Additional trip charges and labor rates apply if Company must make additional trips to the jobsite if the roof is not ready for installation or requires any modifications to the newly installed roof system. Engineering letters, if required, will be an additional charge.

 

Roof Loading: If Owner refuses materials to be loaded on the roof or the roof is not accessible for the delivery vehicle to roof load materials, they will be ground- dropped and additional charges to manually load them will be incurred.

 

Deed Restrictions: Owner assumes all liability with deed restrictions. It is the Owner’s responsibility to notify Company, in writing, of any deed restrictions. The Owner takes full responsibility for all color and material selections. Roof color matching is never guaranteed nor the responsibility of the Company. If a repair is requested, the Company will attempt to match the existing roof color, but matches are never guaranteed.

 

Corrective or Repair Work:  If minor items of corrective or repair work remain to be accomplished by Company after the project is ready for occupancy, Company shall perform the work expeditiously and Owner shall not withhold any payment pending completion of that work.  If major items of corrective or repair work remain to be accomplished after the building is ready for occupancy, and the aggregate cost of that work exceeds one percent of the total Project amount (including all modifications or any type whatsoever), then Owner, pending completion of the work, may withhold payment of a sufficient amount to pay for completion of the work, but shall not withhold any greater amount.

 

Materials: Company reserves the right to substitute building materials, equipment, fixtures or other items in the Project which may be necessitated by government agencies, inspectors, adjusters, job conditions, design changes deemed necessary by others, by the availability of materials, colors,  brand names, or by material shortages, strikes, or similar situations, or which in Company’s judgment require such changes, without prior notification to the Owner; provided, however that any substituted materials shall be of substantially similar or better quality to those specifically identified in the specifications. The Company has the right to order excess materials exclusively for the Project.  These materials will not be charged above the agreed upon price.  All excess materials not used for this project belong to the Company and will be picked up by a Company representative at the end of the project, unless agreed upon otherwise.

 

Guarantee of Materials and Workmanship:  Company does not guarantee any materials, equipment, assemblies, or units that Company has purchased or will purchase as part of the work covered by this Agreement. These items are subject to manufacturer’s or processor’s guarantees or warranties. Warranties are limited to those expressly set forth in this Agreement. All other warranties, express or implied, are hereby disclaimed. Company will provide the Owner with a workmanship warranty for the duration outlined in the Contract, if applicable, which shall be limited to repair or replacement of material due to defective workmanship for the period specified. Company shall not be liable for any consequential damages. Excessive wind, ice or hail, deck settlements, or external damage to the roof are not covered by the workmanship warranty and fall under the perils of the Owner’s insurance policy. EXCESSIVE WIND IS 70 MPH OR GREATER. It is a condition precedent to any duty to repair or warrant of installation work, that Company be paid in full before being obligated to perform any repair, punch list or warranty of installation work.

 

Flat Roof Systems: Existing flat roof systems are recommended to have a 1/4" per foot minimum slope to meet current Florida Building codes. Roof systems that do not meet this requirement are recommended to have a tapered insulation kit installed to promote positive drainage. If the Owner declines the taper kit, Owner accepts full responsibility for any issues that may arise with the flat roof system and any additional expenses to remedy such issues.

 

Metal Roof Systems: Company will not be held liable for any metal distortions, dents, bends, or creases that are typical to metal roof installations and the nature of metal panels. These distortions are common with metal roof installations and do not constitute a defect in workmanship or interfere with product warranties.

Solar: If there are solar panels on the roof, Owner agrees to take all necessary steps to remove, protect, and reinstall the same. Under no circumstances will the Company be responsible for damage to them during the Project.

 

Reused Components: The Company is not responsible for any damages related to leaks from skylights that are reused at the request of the Owner(s). Company is not responsible for damages to existing gutters, soffit, or fascia wrap that may occur during the construction process including, but not limited to, dents, creases, or otherwise damaged sections. Company is not responsible for any roof components, roof areas, or transitions to roof areas that are not replaced as part of a roof replacement or repair at the request of the Owner. The Company will attempt to protect, waterproof and flash these areas using standard roofing practices.

 

Preexisting Conditions and Acts of God: Company is not responsible for preexisting illegal conditions, preexisting construction defects, damages from rain, fire, tornado, windstorm, or other perils, as it is normally contemplated to be covered by property or risk insurance, or for delays due to labor or material shortages, weather, or any other circumstances beyond Company’s control, unless a specified written agreement be made therefore prior to commencement of the work. During the duration of the Project, your insurance will be responsible for any interior damage if the Company has taken appropriate action to protect the roof during the repair/replacement period. The Company is not responsible for any mold, fungi, interior damage resulting from mold or fungi, or the abatement of any said items.

 

Third Party Damages: Company is not responsible for any damage done to driveways by any vehicles or equipment by third party vendors (ex: material delivery vehicles).

 

Injury or Property Damages: Company is not responsible for damage to person(s) or property caused by nails. Company is not responsible for damage to irrigation lines, septic systems, or landscape features. The Owner is responsible to protect or flag these areas to prevent damages. Company is not responsible for any damage caused by dust or debris caused by Company’s work.

 

Drywall: Company is not liable for any loose or detached ceiling texture or any items that detach from the walls or ceiling during construction. Drywall around skylights areas are especially susceptible to damages due to years of sun exposure. 

 

Illegal Lines: Company is not responsible for damage to electrical, telephone, security wiring, air conditioning lines, or any other lines or pipes that are installed directly below the roof deck. These lines are not to be installed directly below the roof deck according to building code. If Owner is aware of any such pipes or lines, Owner must notify the Company immediately. Owner accepts responsibility for any repair or replacement that may be necessary.

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Terms of Contract:  Owner is responsible for paying for all services. Owner understands and agrees that the final contract price is subject to change based upon any unknown conditions or defects discovered by Company while performing its services.  Owner is responsible to pay for all emergency services provided prior to the estimate.  If replacement of deteriorated decking, fascia boards, and roof jacks, ventilators, flashing or other materials is necessary, unless otherwise STATED IN THIS AGREEMENT, these costs are NOT INCLUDED and will be charged as an extra, on a time and material basis.  Pricing is subject to change based upon any modifications to this Agreement requested or required by Owner, Owner’s Lender or any governmental authority or homeowner’s association. Owner is responsible for paying for any change orders or modifications to this Agreement of any type whatsoever, in addition to Company’s usual fee for overhead and profit, all of which shall be due at the time such change orders or modifications are received. Payment terms to Company are net-30 days. SHOULD DEFAULT BE MADE IN PAYMENT OF THIS AGREEMENT, CHARGES SHALL BE ADDED FROM THE DATE THEREOF AT A RATE OF ONE AND ONE HALF (1 ½) PERCENT PER MONTH (18% PER ANNUM) WITH A MINIMUM CHARGE OF $2.00 PER MONTH. 

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Cancellation Policy: If this Agreement is the result of a home solicitation, Owner has three (3) business days from the date that Owner signs this Agreement to cancel in writing without penalty.  Owner is responsible to pay for any services provided during this period. If material has to be reordered or restocked because of cancellation by Owner, there will be a restocking fee plus delivery fees and other costs in addition to the liquidated damages, not as penalty, and the Owner(s) and Company agree that this represents a reasonable and just compensation for said cancellation. THIS CONTRACT CANNOT BE CANCELLED ONCE WORK IS COMMENCED ON THE PROJECT EXCEPT BY MUTUAL WRITTEN AGREEMENT OF THE PARTIES.

 

Company’s Liability:  The Company’s maximum liability in the event of any default by it shall be the original cost of labor and materials for the Project which you agree shall be a liquidated sum. You hereby release, indemnify, and hold the Company (including its owners, employees, and agents) harmless from and against all other liabilities, claims, causes of action, damages, losses and expenses (including attorney’s fees and costs,) including but not limited to, any property damage or personal injury incurred by you or any other party related to or arising out of the services rendered by the Company on the Project. This indemnification extends to all responsibilities and undertakings as set forth in this Agreement and all warranty exclusions as indicated in this Agreement and in the warranty provided to you by the Company. 

 

No Waiver:  The Company’s failure to enforce any right under this Agreement shall not be construed as a waiver of any subsequent right to enforce the same or any other right, term, or condition.

 

Warranty of Authorization:  Owner represents and warrants they have complete authority to execute this Agreement and if there are any other persons with an ownership interest in this Property, Owner has obtained their consent to enter into this Agreement.  The person signing on behalf of Company warrants that they have authority to enter this Agreement on behalf of the Company.

 

Additional Terms: Owner has a continuing responsibility to execute and deliver any documents that the Company may reasonably request to effectuate the terms of this Agreement or to ensure timely payment.  Time is of the essence in the performance of this Contract. This Agreement shall be construed in accordance with, and governed by, the laws of the State of Florida and exclusive venue for any legal disputes arise under or related to this Agreement shall be in Seminole County, Florida. In any legal proceedings arising under or related to this Agreement, the prevailing party will be entitled to recover its court costs and reasonable attorney’s fees, including for any appeals. This Agreement and all applicable warranties shall not be assigned and is non-transferable except by or with the written permission of the Company.

 

Complete Agreement:  ANY REPRESENATIONS, STATEMENTS, OR OTHER COMMUNICATIONS NOT WRITTEN ON THIS AGREEMENT ARE AGREED TO BE IMMATERIAL, not relied upon by either party, and do not survive the execution of this Agreement. This Agreement may not be amended, modified, or otherwise changed except by a writing executed by the parties. If any provision of this Agreement should be held to be invalid or unenforceable, the validity and enforceability of the remaining provisions of this contract shall not be affected thereby.

 

MANDATORY DISCLOSURES:

LIEN DISCLOSURE: ACCORDING TO FLORIDA’S CONSTRUCTION LIEN LAW (SECTIONS 713.001-713.37, FLORIDA STATUTES), THOSE WHO WORK ON YOUR PROPERTY OR PROVIDE MATERIALS AND SERVICES AND ARE NOT PAID IN FULL HAVE A RIGHT TO ENFORCE THEIR CLAIM FOR PAYMENT AGAINST YOUR PROPERTY. THIS CLAIM IS KNOWN AS A CONSTRUCTION LIEN. IF YOUR COMPANY OR A SUBCOMPANY FAILS TO PAY SUBCOMPANYS, SUB-SUBCOMPANYS, OR MATERIAL SUPPLIERS, THOSE PEOPLE WHO ARE OWED MONEY MAY LOOK TO YOUR PROPERTY FOR PAYMENT, EVEN IF YOU HAVE ALREADY PAID YOUR COMPANY IN FULL. IF YOU FAIL TO PAY YOUR COMPANY, YOUR COMPANY MAY ALSO HAVE A LIEN ON YOUR PROPERTY. THIS MEANS IF A LIEN IS FILED YOUR PROPERTY COULD BE SOLD AGAINST YOUR WILL TO PAY FOR LABOR, MATERIALS, OR OTHER SERVICES THAT YOUR COMPANY OR A SUBCOMPANY MAY HAVE FAILED TO PAY. TO PROTECT YOURSELF, YOU SHOULD STIPULATE IN THIS CONTRACT THAT BEFORE ANY PAYMENT IS MADE, YOUR COMPANY IS REQUIRED TO PROVIDE YOU WITH A WRITTEN RELEASE OF LIEN FROM ANY PERSON OR COMPANY THAT HAS PROVIDED TO YOU A “NOTICE TO OWNER.” FLORIDA’S CONSTRUCTION LIEN LAW IS COMPLEX, AND IT IS RECOMMENDED THAT YOU CONSULT AN ATTORNEY.

 

CHAPTER 558 DISCLOSURE: ANY CLAIMS FOR CONSTRUCTION DEFECTS ARE SUBJECT TO THE NOTICE AND CURE PROVISIONS OF CHAPTER 558, FLORIDA STATUTES.

 

FLORIDA HOMEOWNERS’ CONSTRUCTION RECOVERY FUND: PAYMENT, UP TO A LIMITED AMOUNT, MAY BE AVAILABLE FROM THE FLORIDA HOMEOWNERS’ CONSTRUCTION RECOVERY FUND IF YOU LOSE MONEY ON A PROJECT PERFORMED UNDER CONTRACT, WHERE THE LOSS RESULTS FROM SPECIFIED VIOLATIONS OF FLORIDA LAW BY A LICENSED COMPANY. FOR INFORMATION ABOUT THE RECOVERY FUND AND FILING A CLAIM, CONTACT THE FLORIDA CONSTRUCTION INDUSTRY LICENSING BOARD AT THE FOLLOWING TELEPHONE NUMBER AND ADDRESS:

 

Construction Industry Licensing Board- 2601 Blair Stone Road, Tallahassee, Florida 32399-2215 Phone 850.487.1395