1. This writing becomes a valid, binding contract between the parties (“The Renovation Warehouse” and “Customer”) upon acceptance by the authorized representative of The Renovation Warehouse, Customer has a One-day cancellation option after this the order will go into production. The Renovation Warehouse acceptance need not be expressed or communicated to the Customer, but May instead occur by an act of performance or preparation by the Contractor. The Renovation Warehouse Inc. will not be responsible for painting.
2. The scope of work to which we are bound hereunder is strictly limited to the precise items and prices listed on the site hereof. Any word, materials, or effort of any nature not so appearing shall be billed separately and the cost therefor is payable in full prior to the commencement of such other or additional work. No change in the work scope is binding upon The Renovation Warehouse unless a written change order reflects the additional work or materials and price, and is signed or initiated by both parties; provided, however, an oral request by Customer to perform additional work within the scope of License.
(a) For factory-made equipment, the manufacturer’s specifications for quality design, dimensions, function, and installation shall in any case take precedence over any other. Any specially-designed custom-built or special-ordered item may not be changed by Customer or canceled after 1 day from acceptance by The Renovation Warehouse of this Contract of Sale. The customer agrees The Renovation Warehouse will not be held responsible for the quality/integrity of any material/product.
(b) Selection of materials or colors will be made from the samples or brochures furnished by The Renovation Warehouse.
(c) Customer or its representative is responsible for painting and any wet or dry sanding prior to painting.
5. (a) The Renovation Warehouse is not responsible for scratches, blemishes, shading, textures, color or other variations in paint or decorative materials supplied by manufacturers or distributors thereof; since an identifying item number or color may have been prepared of manufactured at different times or batches, or under varying environmental conditions. The customer agrees to accept all products/materials in as-is condition.
(b) Customer agrees The Renovation Warehouse shall not be responsible for any work or material pertaining to repair or replacement of flooring, interior walls, exterior wall, and columns, real property, and personal property. The Renovation Warehouse is not responsible for tile, tiles, marble, window sills, floor sills, wood flooring, laminated flooring, concrete, or any flooring or wall conditions. Flooring and wall repair or replacement is the responsibility of the customer. All trim and millwork is to be unfinished unless otherwise specified in writing. All dimensions are to be approximate and exterior.
agents, employees, and subcontractors 6. The Renovation Warehouse, its agents, employees and subcontractors are hereby licensed by the Customer to enter upon the property at which the work is to be performed at any reasonable hour for the purpose of carrying out the provisions of the Agreement, and to complete service calls. The customer agrees to pay for any additional charges arising from service calls.
8. Customer acknowledges that approximate start and completion dates of work hereunder shall be forecasts only; and I shall not deem The Renovation Warehouse in default for failing to commence or complete work on schedule.
9. Materials delivered to job site are the responsibility of Customer. Customer shall reimburse and indemnify The Renovation Warehouse; it being understood that said tools, equipment and materials left at the work site in a secure place designated by the Customer and such leaving constitutes an ailment for the sole benefit of the Customer to insure no delay in work time due to the bringing and taking of such items to and from the premises.
(a) It is understood and agreed that if any labor or materials, or plans and specifications, in addition to those specified in this Agreement, are necessary by reason of Building Department or other applicable regulation on property, loan requirements, changes requested by the Customer, or any unforeseen events, then the Customer agree to pay for such additional labor, materials, plans and specifications.
(b) The Renovation Warehouse shall not be responsible for delay occasioned by strikes, fires, floods, acts of God, weather conditions, action of civil and/or military authorities, economic restrictions, inability to obtain labor, materials, transportation or other conditions beyond the control of The Renovation Warehouse.
(d) Customer agrees to obtain, at its own expense, any building permits that may be required unless otherwise agreed herein, it being understood that The Renovation Warehouse is only obligated to complete the work specified herein. The customer agree to check with is local building department to ensure product can be used in its area. In the event product can not be used customer agree to pay for all materials ordered and The Renovation Warehouse is to Retain all deposits, payments.The Renovation Warehouse shall be entitle to retain as liquidated damages and not as a penalty, the full amount of Customer’s deposit.
10. The Renovation Warehouse shall have the right to assign or subcontract all or any part of this Agreement, or any work hereunder, without obtaining consent of the Customer. Customer may not so assign without prior written consent of the The Renovation Warehouse.
11. Customer agrees to execute, acknowledge and deliver, upon demand, any and all instrument not inconsistent with the terms of this Agreement that may be necessary to carry out the terms hereof; or, if the work is financed, to facilitate the financing or any deferred balance; and in furtherance thereof, Customer further agrees to pay all fees for recording, title searches, and for drawing the mortgage, assignment, estoppel certificates, etc. .
12. If financed customer agrees to execute credit statements, mortgages, notes and completion certificates and/or all other necessary documents. The obligation to obtain financing is that of the Customer and any assistance with respect thereto rendered by The Renovation Warehouse is voluntary and obligatory, nor is the obtaining of financing by the Customer a condition precedent to the validity or enforcement of the Agreement.
13. The Renovation Warehouse shall have the right to stop work and keep the job idle if payment are not made when due.
14. Customer further agrees to pay The Renovation Warehouse the full amount owing at completion and/or execute a completion certificate or other documents immediately upon completion of the work herein specified, without waiting for any approval of any kind whatever from government or other authority
15. The Renovation Warehouse will not be responsible for any existing, arising or new zoning or other code violations.
16. Customer certifies that he/she/it is the owner or authorized by the owner of the real property, personal property, structure or land on which the work is to be performed hereunder, and that he/she/it will be liable of the payment of all work performed thereon. If the Customer is a business entity of any type, the individual Purchasing this product is personally liable for the performance hereof.
17. Customer agrees that any breach of this agreement including any delay by Customer in permitting The Renovation Warehouse to start work that extends beyond 5 days) shall, in addition to any and all out-of- pocket cost incurred by The Renovation Warehouse for labor, services and materials in preparation for part or full performance of this Agreement, Shall render indebted to The Renovation Warehouse for a sum equal to 100% of the total price agreed upon herein, as and for liquidated damages and not as a penalty. It being expressly understood and agreed by Customer that the sum so fixed as liquidated damages is a reasonable sum considering the substantial damages that The Renovation Warehouse will sustain in the event of any such breach, and because of the difficulty of ascertaining the exact amount of damages that may be sustained by The Renovation Warehouse by any such breach. In any action arising out of this Agreement, or if referred to collection, The Renovation Warehouse shall be entitled to receive, recover and collect, reasonable counsel fees and an amount equal to 100% of the amount remaining unpaid hereunder.
18. All work, Labor, Services and materials supplied under this Agreement shall constitute a lien upon the premises of the owners until the full amount of the contract price and counsel fees has been paid. Customer acknowledges that The Renovation Warehouse may place a mechanic’s lien upon the premises to secure payment for the work effort hereunder. Upon full payment to The Renovation Warehouse and counsel shall remove any such lien and upon the request of the Customer, furnish proof thereof.
19. Failure on the part of the Customer to adhere strictly to the schedule of payments hereunder shall be deemed a substantive breach of contract. All payment schedules will be strictly adhered to; and delays occasion by the furnishings of the service of governing agencies, i.e. Board of Fire Underwriters, Board of Health, local building agencies, etc. shall not be considered justification for failure to comply with the payment schedule.
20. Any work stoppage shall be charged to Customer at the rate of $189.00 per hour or any part thereof per person.
(b)The Renovation Warehouse is not responsible for damage to any personnel or real property arising from the work to be performed hereunder, including without limitation, damage to lawns, shrubs, sidewalks, or driveways due to the presence of dumpsters, trucks, or other equipment or materials.
22. In the event The Renovation Warehouse is delayed from any part of its performance hereunder due to an Act of God, Customer changes or delays, or any other circumstances beyond its reasonable control, then, in the event of any such delay, the period of performance shall be extended at the option of The Renovation Warehouse, for a period equal to the time lost by reason of such delay.
23. THE RENOVATION WAREHOUSE SOLE LIABILITY ON ANY CLAIM OF ANY KIND, INCLUDING NEGLIGENCE, OR FOR ANY LOSS OR DAMAGE ARISING OUT OF, CONNECTED WITH, OR RESULTING FROM THIS AGREEMENT, OR THE PERFORMANCE OR BREACH HEREOF, SHALL BE LIMITED TO 10% OF THE MATERIAL COST ONLY ON THIS CONTRACT FOR THE ITEM THAT IS IN QUESTIONED HEREUNDER THAT ARE DIRECTLY ATTRIBUTABLE TO SUCH CLAIM, LOSS OR DAMAGE, AND IN NO EVENT WILL THE RENOVATION WAREHOUSE BE LABLE FOR SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION,MATERIAL,PRODUCT OR LOSS OF USE OF THE PREMISES AND OR IF A COMMERCIAL ESTABLISHMENT, LOSS OF PROFITS OR SERVICES. CUSTOMER AGREE NOT TO SLANDER The Renovation Warehouse, INC.
24. Customer acknowledges that in sole and exclusive control and possession of the premises at all times, except for the license herein granted to The Renovation Warehouse to enter upon same for the purpose of performing the work. Therefore, Customer shall be solely responsible for personal injury or property damage to itself or third parties ensuing from their presence in the work area, delivery of materials, pickup of materials either while the work is actually being performed, or while The Renovation Warehouse is away from the premises.
25. If this agreement entails labor to be performed by The Renovation Warehouse in the State of Florida (in addition to sale of materials) Customer agrees to pay The Renovation Warehouse $189.00 per hour or any part thereof per person. Travel time to jobsite will be an additional fee at $189.00 per hour or any part thereof per person unless noted otherwise on The Renovation Warehouse contract/proposal.
26. If contract is breach and material has to be removed from property customer will be responsible for board up service and material cost. Customer also agrees to waive their right to protest any payment made to The Renovation Warehouse Inc. /contractor
27. THERE ARE NO REPRESENTATIONS OR WARRANTIES OF ANY NATURE, EITHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PUPOSE, IN CONNECTION WITH THE SALE OF GOODS OR PERFORMANCE OF SERVICES HEREUNDER, EXCEPT ANY WARRANTIES THAT MAY BE OFFERED BY THE MANUFACTURER OF SUCH GOODS, MATERIALS OR SUPPPLIES: AND THE RENOVATION WAREHOUSE LIMITED WARRANTY TO REPAIR DEFECTIVE MATERIALS OR WORKMANSHIP FOR A PERIOD OF 30 DAYS FROM THE DATE HEREOF.
28. Any payments not received by the customer when due are subject to an additional interest of (21%) percent per month or any part thereof on the unpaid balance, until paid in full plus counsel fees.
29. Customer agrees to pay a $45.00 fee per occurrence of each transaction for all NSF transaction or stop payments transactions. This contract shall remain in full force and effect at all times
30. This Contract is binding upon the parties hereto, their heirs, assigns, and legal representatives.
31. This writing, made and entered into in the State of Florida, has been read and understood in its entirety by the Customer, as evidenced by its signature hereon; and constitutes the entire Agreement between the parties with respect to the subject matter hereof; and is to construed in accordance with the laws of the said State. The Renovation Warehouse may cancel this agreement at any time without penalty or liquidation cost.
32. Customer agree if any controversy or claim arising out of or relating to this contract, or the breach thereof, at The Renovation Warehouse decision shall be settled by arbitration in accordance with the Construction industry Arbitration Rules of the American Arbitration Association before a single arbitrator to be selected by such Association; and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
33. All payments/deposits received by The Renovation Warehouse from the Customer will be used for administrative fees, material, engineering, architectural drawing, permits and labor for the Customer.
34. The deposits/payments shall be made into The Renovation Warehouse account after receipt thereof.
Payment will be made as stated in this contract. If any portion of the project cannot be completed due to errors, omission Or defective materials, the customer may only withhold that amount of money for 1% of the item in question. The Renovation Warehouse, Inc. shall not be held liable for delays. All sums not paid when due shall bear an additional interest at the rate of (21%) per month or any part thereof from the date it is due. All cost of collection, including attorney’s fees. Of not less than 100% the outstanding balance shall be paid by customer. If the customer fails to make payments as herein Provided The Renovation Warehouse, Inc. may stop without prejudice to any other remedy they may have.*Non-Payment will result in instant removal of Delivered Material, Installed Material and lien on property, plus fees *The Renovation Warehouse, Inc., is not responsible for any personal items left in home and Deposit/Payments are non-Refundable. The Renovation Warehouse Inc. Prices are subject to change at anytime without notice. The Renovation Warehouse has the right to update its company terms and conditions at anytime without notice.
