TERMS AND CONDITIONS
1. Customers shall pay all costs of collection of the sums due to Seller under this Agreement including the reasonable attorneys fees incurred by Seller, whether or not an action is filed, and including any attorneys fees incurred in the appeal or rehearing of any matter, or incurred with respect to any bankruptcy proceeding relating to the Customer.
2. All invoices for materials provided and services preformed under this agreement are due upon receipt. Customer shall pay a service charge of 1 ½ % per month from the date due on any unpaid principal balance, which is not paid within thirty (30) days of the date mailing the invoice.
3. Customer hereby submits to the jurisdiction of the Courts of Florida, whose laws shall govern this Agreement. Venus for any action of the Seller and its assign shall be in Lee County, Florida, or any other county Seller designates for collection or enforcement of its remedies against Customer.
4. Anyone at the Customer’s place of business, or where the customer is carrying on a business activity, who signs for or accepts delivery of goods or services, is conclusively presumed to be the agent of the Customer for the receipt of said goods and services billed to Customer. The customer’s default in payment of any other legal or contract obligation to Seller shall accelerate, as being due and payable, sums owed by Customer to seller without demand. Customer shall be liable for the purchase price of all special order goods in process and 15% of the sales price as a cancellation charge at the discretion of Seller.
5. DISCLAIMER: SELLER SHALL NOT BE LIABLE FOR FAILURE OR DELAY IN DELIVERY OCCASIONED BY LABOR DISPUTES, WAR, RIOTS, INSURRECTION, FORCE MAJEURE OR OTHER CAUSES BEYOND SELLER CONTROL, OR FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM ANY BREACH OF CONTRACT AS DEFINED IN THE UNIFORM COMMERCIAL CODE, TO THE FULL EXTENT PERMITTED BY LAW.
6. WARRANTY: THE GOODS AND SERVICES SOLD ARE WARRANTED TO BE FREE FROM DEFECTS IN ORIGINAL MATERIALS AND WORKMANSHIP FOR A PERIOD OF ONE YEAR FROM THE DATE OF SUBSTANTIAL COMPLETION OF THE PROVIDED BY THIS CONTRACT. THE SOLE LIABILITY OF THE SELLER IS FOR THE REPLACEMENT OR REPAIR, AT THE DISCRETION OF SELLER, OR ANY WORK, WHICH IS FOUND TO BE FUNCTIONALLY OR STRUCTURALLY DEFECTIVE. THERE ARE NO OTHER WARRANTIES, EXPRESS OR IMPLIED, EXCEPT AS MAY BE REQUIRED OR IMPOSED BY GOVERNMENTAL AUTHORITY, OR AS MAY BE PROVIDED DIRECTLY BY THE MANUFACTURER OF ANY PRODUCT TO A CONSUMER.
7. This Agreement is not subject to oral cancellation or change. If cancellation or change is claimed such must be in writing and signed by the parties to be changed within ten (10) days from the alleged change or cancellation otherwise deemed or waived. The requirement for writing shall be waived if Customer makes an oral request for change and such request is accepted by the performance by Seller of the request change. Any alteration or deviation from the above specifications involving extra costs, whether by materials, service or labor, will become an extra charge over and above the Proposal price, together with an additional charge of 15% of such costs for the profit of Seller.
8. In the event that this proposal is not accepted and work commenced within sixty (60) days of the date of this Proposal, any increase in the price of materials, services and labor charged by others to Seller in connection with materials and services to be provided under this Proposal shall be an extra charge over and above the Proposal price and shall be due upon the demand of Seller.