The parties hereto covenant and agree to as follows:
1. The buyer represents and warrants to the company that he is the registered owner of the land and premises in the Job Address. The buyer furthermore represents and warrants to the company that he has the ability to authorize the specifications and work to be completed on the land and premises described in the Job Address. The buyer further agrees and is solely responsible to ensure that the specifications in this agreement do not contravene any building covenants, building code requirements, home owner/condominium association requirements or any other third party encumbrance holder registered on title to the Job Address in this agreement. If the company is held responsible for contravening any of the foregoing requirements then the company shall use all available legal means necessary to add the buyer as a necessary third party in any legal or quasi-legal action and to ultimately hold the buyer responsible.
2. In the event that the buyer shall sell, or otherwise dispose of, commit an act of bankruptcy, allow a judgment and/or lien to be registered against the land and premises, described as the Job Address herein, the unpaid balance shall immediately become due and payable.
3. The company shall not be responsible for damage, or delay due to strike, fire, accident, or other causes beyond their control.
4. This agreement does not include any additional work other than specified in its contents. Any alteration or deviation from the specifications herein, involving extra costs, material, or labor will be undertaken only upon written change orders and will become an extra charge in addition to the total contract price stated in this agreement. All agreements with respect to this agreement must be in writing.
5. When an agreement is made to supply and install the goods, the company will arrange for a contractor to carry out the installation. It is the customer's responsibility to apply for permits when deemed necessary.
6. Electrical Work: BOCA Walk In Tubs is not permitted to carry out or arrange electrical work. It is the customer's responsibility and cost to arrange a licensed electrical contractor to fulfill such works.
7. Any installation rescheduled by the customer, without 24 (twenty-four) hours prior notice from the agreement date, will result in any additional cost being
the customer's responsibility.
The buyer acknowledges that, by signing this agreement, the company will incur costs in anticipation of performance of their obligations hereunder, the exact amount of such costs being extremely difficult and impracticable to determine with any degree of certainty. Therefore, in the event the buyer breaches this agreement, the buyer agrees to pay the company thirty-three percent (33%) of the total contract price as liquidated damages. The parties agree that this charge represents fair and responsible estimate of the costs that the company will incur, before commencing their performance of their obligations under this agreement. After the company has commenced actual installation of the specifications, the buyer agrees to be responsible for actual damages, incurred to the company including, but not limited to the total contract price as the result of the buyer's default of breach. Acceptance of any charge shall not constitute a waiver of the buyer's default with respect to other amounts due, nor prevent the company from exercising any of the other legal rights and remedies available to the company.
9. This agreement shall become binding forthwith upon acceptance by the company either in writing or by commencing performance hereunder and upon such acceptance this written agreement shall constitute the entire agreement and shall be binding upon the parties hereto and no other covenants, agreements, or promises, written or oral, shall be deemed to form part of this agreement.
10. In any specification, term and/or condition of this agreement is determined to be invalid or unenforceable those unenforceable/invalid specifications, terms and/or conditions shall be deemed to form part of this agreement.
11. The buyer understands and agrees that the company reserves the right to accept or reject this agreement, subject to paragraph eight (8) above.
12. The buyer agrees to allow the company access to the Job Address to complete the specifications in this agreement. The buyer further agrees that if he/she files a formal complaint with any state agency or with the company, the buyer shall allow the company every opportunity to remedy the buyer's complaint.
13. The buyer authorizes the company to obtain or exchange any personal and/or credit information with any agent towards establishing or verifying the buyer's financial status.
14. The buyer fully understands that the total contract price is due and payable in full immediately upon completion of the specifications in this agreement. The only exception is if the total contract price has been financed through a third party lending institution, in which case, the buyer agrees to sign all necessary papers and provide all stipulations required by such lending institutions immediately on request. If the buyer refuses to sign the paper work or provide the stipulations then interest shall accrue, at the rate of 1.5 percent per month, upon the company completing the specifications, and will be added to the total contract price remaining due and unpaid.
15. A delinquency charge of 1.5 percent per month may be added to that portion of the total contract price remaining due and unpaid upon the company completing the specifications and each month thereafter until the total contract price is paid in full.
16. Any controversy or claim arising out of or relating to this contract or the breach thereof, shall be settled by arbitration and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
17. Any lawsuit filed under the agreement has to be brought into the court of Cherokee County, GA.
You may cancel this transaction, without any obligation, within three (3) business days from the date of this agreement was signed. However, you may not cancel if you have requested the seller to provide goods or services without delay because of an emergency and:
1. The company in good faith makes a substantial beginning or performance of the agreement before you give notice of cancellation; and
2. In the case of goods, the goods cannot be returned to the company, or if you agree to return the goods to the company and fail to do so, then you remain liable for performance of all obligations under this agreement.