Terms and Conditions
Updated July 13, 2022
DEFINITIONS. The term “Contractor” as used herein shall mean Total Sprinkler & Lighting, LLC. The term “Owner” shall be singular or plural and shall include the heirs, personal representatives, and successor or assigns.
LATE FEES. Accounts not paid within 30 days of the date of the invoice are subject to a 1.5% monthly finance charge, or 18% annually as allowed by Florida Law (516.02).
DEFAULT. In the event the owners shall default in payment of the contract price or payment for extras as set forth below, or the Owner prevents the Contractor from completing this contract through a material breach of responsibility or warranty of Owner as contained herein or Owner defaults in any other provision of this contract, Contractor may, at its option, retain all amounts paid by Owner as damages, or seek other remedies or recover the unpaid balance of the contract price, including extras.
On Owner’s default, the Contractor may stop performance and withdraw his crew, equipment, fixtures and materials supplied by the Contractor.
The title to and ownership of all equipment and accessories whether affixed to the Owner’s realty or not, shall remain the property of the Contractor until all amounts due under this contract have been paid. This contract shall constitute prior authorization to enter Owner's property without revocation so that the terms of this contract may be met by the Contractor.
Owner shall pay all costs and expenses of Contractor incurred in enforcing this contract including reasonable attorney fees and court costs.
MANDATORY MEDIATION-ARBITRATION. All claims, disputes or issues arising between the Contractor and Owner concerning any matter shall first be submitted to mediation within 30 days of any dispute.
The mediator shall be chosen by mutual agreement.
In the event the parties cannot agree as to a mediator, then the Contractor shall choose a third party to be the mediator.
If claims, disputes or issues arising between the parties cannot be resolved through mediation, then the parties agree to submit the same to binding arbitration pursuant to the Florida statutory (chapter 44 and 682) rules of arbitration.
ENTIRE CONTRACT. Owner warrants that this contract contains all the understandings and agreements of the parties. Any changes or modifications of this contract must be in writing.
DELAYS AND DEVIATIONS. It is understood that Contractor will not be responsible for delays caused by conditions beyond its control and that this proposal may be withdrawn after thirty (30) days from this date if not accepted.
It is also understood that any alteration or deviation mutually agreed to in writing from the original contract will become a part of the contract and may include additional charges as a result of the alterations or deviations.
WARRANTY. Contractor agrees to substantially complete the work contracted for in a workmanlike manner and agrees to repair or replace items covered by the warranty provided the Owner has paid all amounts due the Contractor under the contract and furnishes the Contractor with written notice of the defect or malfunction within the warranty period.
This contract contains no completion date and no penalty or award clauses.
All other warranties are excluded whether expressed or implied by operation of law or otherwise, including all implied warranties if merchantability or fitness.
Contractor shall not be liable (directly or indirectly), under an circumstances for incidental or consequential damages arising or resulting from a breach of the contract or a warranty under the sale, construction, installation, handling or use of the goods sold.
Contractor liability hereunder and Owner's exclusive remedies hereunder either for breach of contract or warranty or for negligence are expressly limited to the giving of credit or replacement.
Contractor must be given written notice identifying the defect within 24 hours after the Owner has actual constructive or implied notice of defect or any such defect is waived.
Owner must also give the Contractor the opportunity to inspect the alleged defect. Failure to give required notice of defect within the time provided constitutes a waiver of the defect and of a claim for credit or replacement.
The Contractor's responsibility to give credit or replacement is further limited to the extent that Contractor is able to obtain equivalent credit or replacement from the original manufacturer of such goods or from the original subcontractor performing the work (if any).
ATTORNEYS FEES. In any litigation, including breach, enforcement or interpretation, arising out of the sale or delivery of the product, the prevailing party shall be entitled to recover from the non-prevailing party, a reasonable attorney’s fee both at the trial and appellate levels, together with costs and expenses.
REAL OR PERSONAL PROPERTY. It is agreed and understood by all parties that all equipment and parts which are sold pursuant to this contract shall NOT become fixtures or part of the real estate where they are placed. Said equipment and parts shall at all times remain personal property and the title thereto shall remain in Contractor until full payment is received.
RIGHT TO CANCEL. Customer has a three (3) day right to cancel this proposal, known as a "cooling off period."