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HomeMy WebLinkAboutInv# J.Humphrey Dep - SafeGuard Impact Windows & Doors - 05/28/2024 (2)leaptodigital.com 2.17.4 SafeGuard Impact Windows & Doors License # CGC 1532033 10424 W. McNab Rd. Tamarac, FL 33321 Office: (954) 408-4000 safeguardimpact.com info@safeguardimpact.com Contract James Humphrey 235 NW 12th Ct Dania FL 33004 (954)604-0827 ladyjames02@gmail.com Date: 05/31/2024 Rep: Michael Palmer This Contract is made between SafeGuard Impact Windows & Doors Inc. Known as (SafeGuard), and Owner(s) named above of the property located at the address listed above known as ("Owner"). SafeGuard agrees to perform the work described below at the property listed above: Remove existing units to be replaced (Note: Removed items likely to be damaged.) Prepare opening as necessary to receive replacement units Cleanup job debris and provide necessary permits and insurance Work NOT to be completed Total number of windows being installed 11 Total number of doors/sidelites being installed 1 Total number of garage doors being installed 0 Special Instructions BEST PRICE GUARANTEE Additional Work Removal and replacement of window treatment. Company not responsible for window treatment. Reinforce ALL openings with pressure-treated wood bucking. Waterproofing. ALL finishing work, stucco, sheet rock, drywall, etc. Touch up paint. Customer responsible for supplying paint. Company not responsible for paint matching. Wind mitigation report provided upon completion of project and final payment if home qualifies. Homeowner's Association No Order Without HOA Approval Yes Window/Door Frame Color White Total Contract Price (Including Discounts)$14,552 Warranty: Contractor will provide provide warranty information to Owner within 30 days after completion and final payment. Schedule: Contractor Shall Commence the work 7 days after execution of this Contract (The “Commencement Date) and shall endeavor to complete all work hereunder within 120 days after the commencement date. Miscellaneous: This Contract and the accompanying worksheet contain the entire agreement between the parties. By signing this Contract, Owner agrees and acknowledges that it has received the accompanying worksheet. This Contract may not be changed orally but only by a Change Order or other written amendment signed by both parties. The waiver by any party of a breach of any provisions of this Contract shall not operate or be construed as a waiver of any written amendment or waiver of any subsequent breach by any party. You the buyer, may cancel this Contract at any time prior to midnight on the third business day after the date of this Contract. This space intentionally left blank Page 1 of 8 leaptodigital.com 2.17.4 Total Contract Price $19,216 Volume Discount $1,922 Manufacturer's Rebate $1,729 Additional Discount (Current Promotion)$1,013 Total Contract Price (Including Discounts)$14,552 Deposit $0 Amount Due at the Start of Installation $0 Balance Due Upon Completion of Installation $0 Balance Form of Payment Dania Beach Program Cash Details Owner agrees to pay final balance in full on the final day of installation prior to final inspection and finish work. The scheduling and completion of the final inspection will be scheduled for the next available day and ALL punch out items, parts, replacements or warranty work will be completed in a timely manner as part of this agreement. Financing Details Balance Owed $14,552 Financing Details Customer is approved for the Dania Beach Program. Project is being paid through the program. Financing is subject to credit approval By selecting the finance option: For the partial or full payment of the project outlined in this contract, the Owner/ Owners agree to sign all finance completion forms on the final day of installation prior to final inspection and finish work. Owner agrees to pay final balance in full on the final day of installation. The scheduling and completion of the final inspection will be scheduled for the next available day and ALL punch out items, parts, replacements or warranty work will be completed in a timely manner as part of this agreement. Location Living Room Brand ESW MultiMax Window Style 2 Lite Horizontal Roller Model Number MX 2000 Quantity 1 Glass Type Gray Tint Size 74 W X 63 H Configuration XO Location Dining Room Brand ESW MultiMax Window Style 2 Lite Horizontal Roller Model Number MX 2000 Quantity 1 Glass Type Gray Tint Size 37 W X 63 H Configuration XO Location Dining Room Brand ESW MultiMax Window Style 2 Lite Horizontal Roller Model Number MX 2000 Quantity 1 Glass Type Gray Tint Size 37 W X 38 H Configuration XO This space intentionally left blank Page 2 of 8 leaptodigital.com 2.17.4 Location Kitchen Brand ESW MultiMax Window Style 2 Lite Horizontal Roller Model Number MX 2000 Quantity 1 Glass Type Gray Tint Size 37 W X 38 H Configuration XO Location Bathroom 1 Brand ESW MultiMax Window Style 2 Lite Horizontal Roller Model Number MX 2000 Quantity 1 Glass Type Gray Tint Size 37 W X 38 H Configuration XO White Interlayer White Interlayer Location Bedroom 1 Brand ESW MultiMax Window Style 2 Lite Horizontal Roller Model Number MX 2000 Quantity 1 Glass Type Gray Tint Size 74 W X 63 H Configuration XO Location Bedroom 1 Brand ESW MultiMax Window Style 2 Lite Horizontal Roller Model Number MX 2000 Quantity 1 Glass Type Gray Tint Size 37 W X 38 H Configuration XO Location Bedroom 2 Brand ESW MultiMax Window Style 2 Lite Horizontal Roller Model Number MX 2000 Quantity 1 Glass Type Gray Tint Size 37 W X 38 H Configuration XO Location Bedroom 2 Brand ESW MultiMax Window Style Single Hung Proview Model Number MX 1000 Quantity 1 Glass Type Gray Tint Size 37 W x 63 H Configuration OX Location Bedroom 3 Brand ESW MultiMax Window Style Single Hung Proview Model Number MX 1000 Quantity 1 Glass Type Gray Tint Size 37 W x 63 H Configuration OX Location Living Room Brand ESW MultiMax Window Style Single Hung Proview Model Number MX 1000 Quantity 1 Glass Type Gray Tint Size 37 W x 63 H Configuration OX Page 3 of 8 leaptodigital.com 2.17.4 Location Entry Brand ESW MultiMax Door Style Single French Door Model Number MX 3000 Quantity 1 Size 37 W X 81 H Glass Type Gray Tint Configuration XX-AL Hardware Brushed NIckel White Interlayer White Interlayer Additional Details Additional Information James Humphrey 05/31/2024 Date Michael Palmer 05/31/2024 Date This space intentionally left blank Page 4 of 8 leaptodigital.com 2.17.4 TERMS & CONDITIONS Attorney Fees: In the event of any dispute hereunder, the prevailing party shall be entitled to recover Its reasonable attorney's fees, court costs and other expenses incurred to enforce the terms of this Contract whether in litigation or arbitration through all pre-suit, pre-trial, trial and appellate levels. Severability: The invalidity of any provision of this Contract shall not affect the validity of any other paragraph or provision of this Contract and all remaining provisions will remain in full force and effect and shall be construed In a manner so as to effectuate the intent of this Contract as a whole, notwithstanding the stricken provision. Jurisdiction and Venue; Waiver of Jury Trial: This Contract shall be governed by the laws of Florida (Irrespective of choice of law principles). THE PARTIES AGREE THAT THEY WAIVE ANY RIGHT TO A JURY TRIAL AND TO BRING A CLAIM AS PARTY OF A CLASS ACTION AND WILL LITIGATE ANY DISPUTE UNDER THIS CONTRACT SEPARATE FROM A CLASS. Insurance: Contractor carries worker's compensation and public liability insurance or is qualified as a self-insurer by the State of Florida. Warranty: Contractor hereby warrants the work and will return to the Property to repair or replace defective work for one year after final completion and payment. In addition, Contractor will provide and assign the extended warranty contracted to Owner within 30 days of final payment. Acceleration of Payment: If the Owner denies the Contractor access to the property or in any way delays or hinders Contractors performance of its obligations, permit inspections or any payment obligation for any reason beyond 3 calendar days, the entire unpaid balance due under this Contract becomes immediately due and owing and must be immediately paid in full by the Owner before any further work, inspections or warranty service can commence. Owner's failure to comply with this provision is a material breach of the Contract. LIMITATION OF LIABILITY EXCEPT AS THOSE EXPRESS WARRANTIES MADE IN THIS CONTRACT, CONTRACTOR MAKES NO WARRANTIES, CONDITIONS, REPESENTATIONS, INDEMNITIES OR GUANANTEES TO OWNWER WITH RESPECT TO ITS PERFORMANCE UNDER THIS CONTRACT. IN NO EVENT SHALL CONTRACTOR'S AGGREGATE AND CUMULATIVE LIABILITY FOR DAMAGES HEREUNDER EXCEED THE AMOUNT OF MONEY RECEIVED AND RETAINED BY CONTRACTOR UNDER THIS CONTRACT. Use of Finance: SafeGuard DOES NOT FINANCE. SafeGuard does offer 3rd party finance as an option to the Owner. The Owner is responsible to pay the entire amount of the contract with or without the use of finance. Consequential damages: NEITHER CONTRACTOR NOR THE OWNER SHALL BE LIABLE TO THE OTHER FOR ANY CONSEQUENTIAL LOSSES OR DAMAGES, WHETHER ARISING IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO LOSSES OF USE, PROFITS, BUSINESS, REPUTATION OR FINANCING. Condition of site of residence: Owner hereby agrees to pay for all additional costs arising from any conditions found at the residence that may in any way adversely affect the installation of any of the Contractor's products in the residence. Termination of Contract by Owner: if SafeGuard persistently fails to perform in accordance with this Contract, owner may provide written notice to SAFEGARD that it intends to terminate the Contract unless the problem cited is cured, or commenced to be cured within seven (7) days of SafeGuard's receipt of such notice. IF SafeGuard fails to cure, or reasonable commence to cure such problem, then owner may give a second written notice to SafeGuard of its intent to terminate within an additional (7) days period. If SafeGuard within such a second (7) day period, fails to cure or reasonably commence to cure, such problem, then owner may declare the Contract terminated for default by providing written notice to SafeGuard of such declaration. Termination of Contract by SafeGuard: SafeGuard may, in addition to any other rights afforded under this Contract or law, terminate this Contract if the work has been stopped for three (3) consecutive days because of any cause not within SafeGuard's control by providing written notice to Owner such termination, at which time the Owner shall pay SafeGuard for all costs incurred by SafeGuard to the date of termination together with twenty percent (20%) of such costs for SafeGuard's overhead and profit attributable to the work. This space intentionally left blank Page 5 of 8 leaptodigital.com 2.17.4 Notices: Any notice between either parties are to be given to the other party pursuant to this Contract in writing and shall be deemed to have been duly given if hand delivered, sent by overnight courier service, or sent by email. Any such notice shall be deemed given when received or when delivery is refused. All notices shall be addressed to the parties as provided in this contract. FLORIDA HOMEOWNERS' CONSTRUCTION RECOVERY FUND PAYMENT MAY BE AVAILABLE FROM THE FLORIDA HOMEOWNER'S CONTRUCTION RECOVERY FUND IF YOU LOSE MONEY ON A PROJECT PERFORMED UNDER CONTRACT WHERE THE LOSS RESULTS FROM SPECIFIED VIOLATIONS FLORIDA LAW BY A LICENSED CONTRACTOR. FOR INFORMATION ABOUT THE RECOVERY FUND AND FILING A CLAIM, CONTACT THE FLORIDA CONTRUCTION INDUSTRY LICENSING BOARD AT THE FOLLOWING TELEPHONE NUMBER AND ADDRESS: 850-487-1395, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REGULATION/ COMPLIANCE - CONSUMER SERVICE, 1940 N MONROE STREET, TALLAHASSEE, FLORIDA323390782 https:// www.myfloridalicense.com/entercomplaint CHAPTER 558 NOTICE OF CLAIM CHAPTER 558, FLORIDA STATUTES CONTAINS IMPORTANT REQUIREMENT YOU MUST FOLLOW BEFORE YOU MAY BRING ANY LEGAL ACTION FOR ALLEGED CONSTRUCTION DEFECT IN YOUR HOME. SIXTY DAYS BEFORE YOU BRING ANY LEGAL ACTION, YOU MUST DELIVER TO THE OTHER PART TO THIS CONTRACT A WRITTEN NOTICE REFERRING TO CHAPTER 558 OF ANY CONSTRUCTION CONDITIONS YOU ALLEGE ARE DEFECTIVE AND PROVIDE SUCH PERSON THE OPPORTUNITY TO INSPECT THE ALLEGED CONSTRUCTION CONDITIONS AND TO CONSIDER MAKING AN OFFER TO REPAIR OR PAY FOR THE ALLEGED CONTRUCTION DEFECT. YOU ARE NOT OBLIGATED TO ACCEPT ANY OFFER WHICH MAY BE MADE. THERE ARE STRICK DEADLINES AND PROCEDURES UNDER THIS FLORIDA LAW WHICH MUST BE MET AND FOLLOWED TO PROTECT YOUR INTERESTS. SECTION 520.72, FLORIDA STATUTES, CANCELLATION OF CONTRACT, PROVIDES THAT EITHER PARTY TO A HOME IMPROVEMENT CONTRACT MAY CANCEL THE CONTRACT BY THE EXERCISE OF THE RIGHT TO RESCIND UNTIL MIDNIGHT OF THE THIRD BUSINESS DAY FOLLOWING THE EXECUTION OF THE CONTRACT BY GIVING NOTICE TO THE OTHER PARTY BY EITHER CERTIFIED MAIL OR REGISTERED MAIL. THE PARTY INVOKING THIS SECTION MAY NOT BE LIABLE TO THE OTHER FOR ANY DAMAGES INCURRED BY CANCELATION UNDER SECTION. James Humphrey 05/31/2024 Date This space intentionally left blank Page 6 of 8 leaptodigital.com 2.17.4 NOTICE OF CANCELLATION Date of Transaction: 05/31/2024 You may CANCEL this transaction, without any Penalty or Obligation, within THREE BUSINESS DAYS from the above date. If you cancel, any property traded in, any payments made by you under the contract or sale, and any negotiable instrument executed by you will be returned within TEN BUSINESS DAYS following receipt by the seller of your cancellation notice, and any security interest arising out of the transaction will be canceled. To cancel this transaction, deliver or mail a signed and dated copy of this Cancelation Notice via certified mail to: SafeGuard Impact Windows & Doors Inc. 10424 W. McNab Rd. Tamarac, FL 33321. NOT LATER THAN MIDNIGHT OF 3 BUSINESS DAYS OF 05/31/2024 I HEREBY CANCEL THIS TRANSACTION I HEREBY CANCEL THIS TRANSACTION 05/31/2024 10424 W. McNab Rd. Tamarac, FL 33321 NO LATER THAN MIDNIGHT OF THE THIRD BUSINESS DAY FROM THE DATE OF THIS CONTRACT. I HEREBY CANCEL THIS CONTRACT. ____________________________________ James Humphrey __________________ Date Buyer(s) acknowledge(s) having each received two copies of cancellation with all blanks completed and being orally advised on the right to cancel. James Humphrey 05/31/2024 Date This space intentionally left blank Page 7 of 8 leaptodigital.com 2.17.4 NOTICE OF CANCELLATION Date of Transaction: 05/31/2024 You may CANCEL this transaction, without any Penalty or Obligation, within THREE BUSINESS DAYS from the above date. If you cancel, any property traded in, any payments made by you under the contract or sale, and any negotiable instrument executed by you will be returned within TEN BUSINESS DAYS following receipt by the seller of your cancellation notice, and any security interest arising out of the transaction will be canceled. To cancel this transaction, deliver or mail a signed and dated copy of this Cancelation Notice via certified mail to: SafeGuard Impact Windows & Doors Inc. 10424 W. McNab Rd. Tamarac, FL 33321. NOT LATER THAN MIDNIGHT OF 3 BUSINESS DAYS OF 05/31/2024 I HEREBY CANCEL THIS TRANSACTION I HEREBY CANCEL THIS TRANSACTION 05/31/2024 10424 W. McNab Rd. Tamarac, FL 33321 NO LATER THAN MIDNIGHT OF THE THIRD BUSINESS DAY FROM THE DATE OF THIS CONTRACT. I HEREBY CANCEL THIS CONTRACT. ____________________________________ James Humphrey __________________ Date Buyer(s) acknowledge(s) having each received two copies of cancellation with all blanks completed and being orally advised on the right to cancel. James Humphrey 05/31/2024 Date This space intentionally left blank Page 8 of 8