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Terms & Conditions

Installation Contract

 

          This INSTALLATION CONTRACT (this “Agreement”) is hereby entered into this  (the “Effective Date”), by and between 4 Ever Lights, LLC, a Missouri limited liability company (the “Contractor”), and  (the “Owner”). Contractor and Owner are hereafter referred to individually as a “Party,” and collectively as the “Parties.”

RECITALS

  1.    WHEREAS, Owner is the owner of the real property and improvements located at  (the “Site”);
  2.    WHEREAS, Owner has reviewed the 4 Ever Lights Proposal, which is attached hereto as Exhibit A, and incorporated herein by this reference (the “4 EverLights Proposal”); and
  3.    WHEREAS, Owner desires to engage Contractor to furnish labor and materials, and to perform work at the Property necessary to complete the 4 EverLights Proposal, as further described herein.

AGREEMENT

          NOW THEREFORE, in exchange for the mutual terms and conditions set forth herein, Owner and Contractor hereby agree as follows:

  1.      Recitals.  The above recitals are incorporated by reference as set forth fully herein.
  1.      Work.  Contractor shall furnish the material, labor, equipment, tools, and supervision (the “Work”) necessary to provide Owner with a complete installation of a year-round roofline lighting system (the “System”) on selected rooflines at the Site as specifically detailed and outlined in the Proposal. Such System will include roughly [feet] feet of EverLights (plus any additional options, as applicable) and all necessary wiring and equipment for proper use.  4 Everlights, at its cost, will go over [feet] feet by 10%.  Material and labor needed beyond the additional 10% over [feet] feet to complete the project will be billed at the same cost/foot as established rate in the pricing table above. This Agreement and all of its Exhibits, and all Change orders executed after the Effective Date, shall be referred to herein as the “Contract Documents.”

 

  1.      Price and Payment.

          3.1       Contract Price.  In exchange for Contractor’s complete performance of the Work as defined herein, Owner agrees to pay Contractor the sum of (the “Contract Price”).  If the Work does not commence within thirty (30) days of the Effective Date, Contractor reserves the right to increase the Contract Price subject to Owner’s approval. In the event the Parties are unable to agree on a new Contract Price, either party shall have the right to terminate this Agreement with no further obligation to either party.‌

          3.2       Deposit.  Owner shall pay Contractor 50% of the Contract Price (the “Deposit”) on the Effective Date and prior to commencement of the Work, as such term is defined herein. The Deposit shall be credited against the Contract Price. Owner represents and acknowledges that it has sufficient funds, either personal or through lender financing, in an amount equal to the Contract Price. As a security for final payment, Owner shall provide Contractor with a valid credit card to be held on file (the “Owner Credit Card”). The Owner’s Credit Card shall not be charged except as permitted by Owner or upon Owner’s failure to pay the Final Payment as defined herein timely as provided herein.‌

        3.3      Final Payment.  Owner shall make full payment of the balance of the Contract Price (the “Final Payment”) within three (3) days after Contractor provides notice to Owner that the Work is complete (the “Completion Date”). In the event the Final Payment is made by check, a valid check must be delivered within seven (7) days of the Completion Date, Owner authorizes Contractor to charge the Owner Credit Card together with a Late Charge as provided herein.‌

          3.4       Late Payment.  In the event Owner fails to make the Final Payment timely, a late charge in the amount of $150.00 will be charged to Owner (the “Late Payment”). In the event of non-payment within fourteen (14) days of the Completion Date, Owner Agrees to pay interest at the rate of 18% annually on all past due balances from the original due date, plus court costs and reasonable attorneys’ fees, with or without suit, incurred in collecting any past due balance, and a collection fee of up to 40% of the principal balance if Owner’s account is assigned to a collection agency. In the event Owner is charged a Late Payment, Contractor has the right at its sole discretion to nullify and void any discounts offered by Contractor.

          3.5       Method of Payment. Contractor accepts the following methods of payments:

Cash. Contractor accepts cash tender for the payment of the Deposit and the  Final Payment.

1. Check.  Contractor accepts personal checks for the Deposit and the Final Payment.

2. Credit Card.  Contractor utilizes Stripe to accept payment for major credit cards. Deposits processed with a credit card does not remove any cash discounts. Final Payments made with a credit card will nullify and void any cash discounts offered by Contractor.

  1.      Contractor’s Warranty.

 

         4.1       Contractor’s Warranty.  Contractor warrants that the Work shall be in accordance with the Contract Documents and free from material structural defects and shall return and repair any Work not in accordance with the Contract Documents for a period of Five (5) years from the Completion Date (the “Warranty Period”). Electrical Data Service (EDS) will provide auxiliary warranty coverage behind my company. They’ll be paid a retainer of $1,000 at the completion and full payment of the project for that service. In the event 4Everlights is unable to provide the coverage for your 5-year warranty, EDS will ensure its performance should 4everlights no longer be able to fulfill their obligation.

 

         4.2       Cure of Defect.  Except as otherwise provided for product warranties controlled by the Limited Warranty, if a defect is discovered within the Warranty Period, Warranty claims should be directed to Mbalcer@4everlights.com  To fully evaluate the claim, Contractor may ask Owner to provide, at Owner’s sole and exclusive expense, pictures of Owner’s claimed defect. Owner must provide Contractor with an opportunity to inspect and an opportunity to either cure the defect in a manner customary in the industry or to pay to Owner the cost of repair or replacement of the defect as estimated by Contractor. In no event shall Contractor’s liability exceed the fair and reasonable cost of repair or replacement of the warranted defect. Contractor shall not be liable for any cost or expense incurred by Owner in remedying any warranted defects unless Contractor has been notified in writing and has been afforded the opportunity to cure the claimed defect or to pay the sums specified herein.‌