Terms and Conditions
By signing the front of this document I acknowledge the need for the proposed labor and materials has been fully and satisfactorily explained to me and that I have the authority and do approve for the work to be completed. The materials provided shall remain the property of Action Cooling & Heating, Inc. (“Contractor”) and agree not to remove materials from the above address until paid in full. I understand the price of all parts and equipment are on an exchange basis with my old parts and equipment. Payment in full is due upon installation. Interest shall be added at 1.5% per month. Purchaser shall be liable for all collection costs including attorney’s fees. Venue and jurisdiction shall be in Lee County, Florida. Three day Right of Rescission is waived upon installation. Any right to a jury trial is waived. Contractor is not liable for defects in labor unless provided written notice. ONLY MANUFACTURER’S WARRANTY APPLIES TO MATERIALS. CONTRACTOR WARRANTS LABOR FOR 30 DAYS. CONTRACTOR MAKES NO OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WHATSOEVER, AND WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSES ARE EXPRESSLY EXCLUDED. CONTRACTOR SHALL NOT BE LIABLE FOR ANY DAMAGES, ACTUAL OR CONSEQUENTIAL, INCLUDING THOSE CAUSED BY ITS NEGLIGENCE.
ACCORDING TO FLORIDA’S CONSTRUCTION LIEN LAW (SECTIONS 713.001-713.37, FLORIDA STATUTES), THOSE WHO WORK ON YOUR PROPERTY OR PROVIDE MATERIALS AND SERVICES AND ARE NOT PAID IN FULL HAVE A RIGHT TO ENFORCE THEIR CLAIM FOR PAYMENT AGAINST YOUR PROPERTY. THIS CLAIM IS KNOWN AS A CONSTRUCTION LIEN. IF YOUR CONTRACTOR OR A SUBCONTRACTOR FAILS TO PAY SUBCONTRACTORS, SUB-SUBCONTRACTORS, OR MATERIAL SUPPLIERS, THOSE PEOPLE WHO ARE OWED MONEY MAY LOOK TO YOUR PROPERTY FOR PAYMENT, EVEN IF YOU HAVE ALREADY PAID YOUR CONTRACTOR IN FULL. IF YOU FAIL TO PAY YOUR CONTRACTOR, YOUR CONTRACTOR MAY ALSO HAVE A LIEN ON YOUR PROPERTY. THIS MEANS IF A LIEN IS FILED YOUR PROPERTY COULD BE SOLD AGAINST YOUR WILL TO PAY FOR LABOR, MATERIALS, OR OTHER SERVICES THAT YOUR CONTRACTOR OR A SUBCONTRACTOR MAY HAVE FAILED TO PAY. TO PROTECT YOURSELF, YOU SHOULD STIPULATE IN THIS CONTRACT THAT BEFORE ANY PAYMENT IS MADE, YOUR CONTRACTOR IS REQUIRED TO PROVIDE YOU WITH A WRITTEN RELEASE OF LIEN FROM ANY PERSON OR COMPANY THAT HAS PROVIDED TO YOU A “NOTICE TO OWNER.” FLORIDA’S CONSTRUCTION LIEN LAW IS COMPLEX, AND IT IS RECOMMENDED THAT YOU CONSULT AN ATTORNEY.
CHAPTER 558 NOTICE: ANY CLAIMS FOR CONSTRUCTION DEFECTS ARE SUBJECT TO THE NOTICE AND CURE PROVISIONS OF CHAPTER 558 FLORIDA STATUTES.