HomeMy WebLinkAbout21-1562 D
Q
City of Zephyrhills PERMIT NUMBER
` 5335 Eighth Street
Zephyrhills, FL 33542 ELCMISC-001562-2021
Phone: (813)780-0020 Issue Date: 03/12/2021
Fax: (813)780-0021
•
Permit Type: Electric Service Replacement/Misc
Property Number Street Address
24 26 21 0090 00000 0370 3185 Moulden Hollow Drive
Owner Information Permit Information Contractor Information
Name: MOHAN SINGH&ABRAHAM NINU Permit Type:Electric Service Replacement/M Contractor: US SOLAR
ANN Class of Work:Add/Alter Residential
Address: 3185 Moulden Hollow Dr Building Valuation:$22,384.00
ZEPHYRHILLS,FL 33542 Electrical Valuation:$3,000.00
Phone: Mechanical Valuation:
Plumbing Valuation:
Total Valuation:$25,384.00 L/ I
Total Fees:$310.38 J/
Amount Paid:$310.38
Date Paid:3/12/2021 2:10:42PM
Project Description
INSTALLATION ROOF MOUNT SOLAR
Application Fees
Building Permit Fee $151.92 Plan Review Fee $75.96
Electrical Permit Fee $55.00 Electrical Plan Review Fee $27.50
REINSPECTION FEES: (c)With respect to Reinspection fees will comply with Florida Statute 553.80(2)(c)the
local government shall impose a fee of four times the amount of the fee imposed for the initial inspection or
first reinspection,whichever is greater,for each subsequent reinspection.
Notice: In addition to the requirements of this permit,there may be additional restrictions applicable to this property that
may be found in the public records of this county, and there may be additional permit required from other governmental
entities such as water management, state agencies or federal agencies.
"Warning to owner: Your failure to record a notice of commencement may result in your paying twice for
improvements to your property. If you intend to obtain financing, consult with your lender or an attorney
before recording your notice of commencement."
Complete Plans,Specifications add fee Must Accompany Application.All work shall be performed in
accordance with City Codes and Ordinances. NO OCCUPANCY BEFORE C.O.
NO OCCUPANCY BEFORE C.O.
Z, aLW*Vt*r-
C TOR SIGNATURE PE IT OFFICE
PERMIT EXPIRES IN 6 MONTHS WITHOUT APPROVED INSPECTION
CALL FOR INSPECTION - 8 HOUR NOTICE REQUIRED
PROTECT CARD FROM WEATHER
813-780-0020 City of Zephyrhills Permit Application Fax-813-780-0021
Building Department
Date Received 2_-1 Phone Contact for Permitting ( 813 ) 808 - 0218
.as gasR21 €3aat€
Owner's Name Mohan Singh Owner Phone Number (678) 751 - 6024
Owner's Address 1 3185 Moulden Hollow Dr,Zephyrhills, FL 33540 Owner Phone Number
Fee Simple Titleholder Name Owner Phone Number
Fee Simple Titleholder Address
JOB ADDRESS 3185 Moulden Hollow Dr, Zephyrhills, FL 33540 LOT# 37
SUBDIVISION HIDDEN RIVER PH 1A PARCEL ID# 24-26-21 -0090-00000-0370
(OBTAINED FROM PROPERTY TAX NOTICE)
WORK PROPOSED B NEW CONSTR B ADD/ALT = SIGN = = DEMOLISH
INSTALL REPAIR
PROPOSED USE SFR Q COMM = OTHER
TYPE OF CONSTRUCTION BLOCK Q FRAME = STEEL
DESCRIPTION OF WORK ROOF MOUNTED SOLAR PANEL INSTALL
BUILDING SIZE I SQ FOOTAGE= HEIGHT
T aE u3vaCau 4 � 3V 31 L€AC€3 €"€3C€€I`I
BUILDING $ 22,38
i1 VALUATION OF TOTAL CONSTRUCTION
ELECTRICAL $ 3 1 000 AMP SERVICE = PROGRESS ENERGY 0 W.R.E.C.
=PLUMBING $ �j
!�C
=MECHANICAL $ VALUATION OF MECHANICAL INSTALLATION
=GAS ROOFING = SPECIALTY = OTHER
FINISHED FLOOR ELEVATIONS FLOOD ZONE AREA =YES NO
BUILDER COMPANY US SOLAR
SIGNATURE REGISTERED Y/N FEE CURREN Y/N
Address 2732 Broadway Center BLVD.Brandon, FL 33510 License# CVC57002
ELECTRICIAN v COMPANY GENESIS ELECTRIC SERVICES LLC.
SIGNATURE j1� REGISTERED Y/N FEE CURREN
Address 2825 Murray Pass, Odessa FL 33556 License# EC13007122
PLUMBER COMPANY
SIGNATURE REGISTERED I Y/N FEE CURREN Y/N
Address I License#
MECHANICAL COMPANY
SIGNATURE REGISTERED I Y/N FEE CURREN Y/N
Address I License#
OTHER COMPANY
SIGNATURE REGISTERED I Y/N FEE CURREN Y/N
Address License#
111 AF 2.1111131 IF I I a I If a 11 11 11 IL 11 X1L131111.11311113111 a.1-411111.3.3t«1€111111_2.It111 a It'll II I a a a 11 1 1 a I-a I
RESIDENTIAL Attach(2)Plot Plans;(2)sets of Building Plans;(1)set of Energy Forms;R-O-W Permit for new construction,
Minimum ten(10)working days after submittal date.Required onsite,Construction Plans,Stormwater Plans w/Silt Fence installed,
Sanitary Facilities&1 dumpster;Site Work Permit for subdivisions/large projects
COMMERCIAL Attach(2)complete sets of Building Plans plus a Life Safety Page;(1)set of Energy Forms.R-O-W Permit for new construction.
".Minimum ten(10)working•days-after submittal date.Required onsite,Construction Plans,Stormwater Plans w/Silt Fence installed,
' ,Sanitary Facilities&1 dumpster.'Site Work Permit for all new projects.All commercial requirements must meet compliance
SIGN PERMIT Attach(2)sets of Engiineered`Plans.
' PROPERTY SURVEY,[equired for all NEW construction.
Directions:..,. :,;. .......�'....•.:'... _ , ...
Fill out application compietely.
Owner&Contractor sign back of application,notarized
If over$2500,a Notice of Commencement is required.(A/C upgrades over$7500)
Agent(for the contractor)or Power of Attorney(for the owner)would be someone with notarized letter from owner authorizing same
OVER THE COUNTER PERMITTING (copy of contract required)
Reroofs if shingles Sewers Service Upgrades A/C Fences(Plot/Survey/Footage)
Driveways-Not over Counter if on public roadways..needs ROW
Solar
Local Experts who Care
813-780-0020 City of.Zephyrhills Permit Application Fax-813-780-0021
Building Department
NOTICE OF DEED RESTRICTIONS:The undersigned understands that this permit may be subject to"deed"restrictions'which may be more restrictive
than County regulations.The undersigned assumes responsibility for compliance with any applicable deed restrictions.
UNLICENSED CONTRACTORS AND CONTRACTOR RESPONSIBILITIES:If the owner has hired a contractor or contractors to undertake work,they
may be required to be licensed in accordance with state and local regulations.If the contractor is not licensed as required by law,both the owner and
contractor may be cited for a misdemeanor violation under state law.If the owner or intended contractor are uncertain as to what licensing requirements
may apply for the intended work,they are advised to contact the Pasco County Building Inspection Division—Licensing Section at 727-847-8009.
Furthermore,if the owner has hired a contractor or contractors,he is advised to have the contractor(s)sign portions of the"contractor Block"of this
application for which they will be responsible.If you,as the owner sign as the contractor,that may be an indication that he is not properly licensed and is
not entitled to permitting privileges in Pasco County.
TRANSPORTATION IMPACT/UTILITIES IMPACT AND RESOURCE RECOVERY FEES:The undersigned understands
that Transportation Impact Fees and Recourse Recovery Fees may apply to the construction of new buildings,change of use in existing buildings,or
expansion of existing buildings,as specified in Pasco County Ordinance number 89-07 and 90-07,as amended.The undersigned also understands,that
such fees,as may be due,will be identified at the time of permitting.It is further understood that Transportation Impact Fees and Resource Recovery
Fees must be paid prior to receiving a"certificate of occupancy"or final power release.If the project does not involve a certificate of occupancy or final
power release,the fees must be paid prior to permit issuance.Furthermore,if Pasco County Water/Sewer Impact fees are due,they must be paid prior
to permit issuance in accordance with applicable Pasco County ordinances.
CONSTRUCTION LIEN LAW(Chapter 713,Florida Statutes,as amended):If valuation of work is$2,500.00 or more,I certify that I,the applicant,
have been provided with a copy of the"Florida Construction Lien Law—Homeowner's Protection Guide"prepared by the Florida Department of
Agriculture and Consumer Affairs.If the applicant is someone other than the"owner", I certify that I have obtained a copy of the above described
document and promise in good faith to deliver it to the"owner"prior to commencement.
CONTRACTOR'S/OWNER'S AFFIDAVIT:I certify that all the information in this application is accurate and that all work will be done in compliance with
all applicable laws regulating construction,zoning and land development.Application is hereby made to obtain a pen-nit to do work and installation as
indicated.I certify that no work or installation has commenced prior to issuance of a permit and that all work will be performed to meet standards of all
laws regulating construction,County and City codes,zoning regulations,and land development regulations in the jurisdiction.I also certify that I
understand that the regulations of other government agencies may apply to the intended work,and that it is my responsibility to identify what actions I
must take to be in compliance.Such agencies include but are not limited to:
- Department of Environmental Protection-Cypress Bayheads, Wetland Areas and Environmentally Sensitive
Lands, Water/Wastewater Treatment.
- Southwest Florida Water Management District-Wells, Cypress Bayheads, Wetland Areas, Altering
Watercourses.
- Army Corps of Engineers-Seawalls, Docks, Navigable Waterways.
- Department of Health & Rehabilitative Services/Environmental Health Unit-Wells, Wastewater Treatment,
Septic Tanks.
- US Environmental Protection Agency-Asbestos abatement.
- Federal Aviation Authority-Runways.
I understand that the following restrictions apply to the use of fill:
- Use of fill is not allowed in Flood Zone"V" unless expressly permitted.
- If the fill material is to be used in Flood Zone "A", it is understood that a drainage plan addressing a
"compensating volume" will be submitted at time of permitting which is prepared by a professional engineer
licensed by the State of Florida.
- If the fill material is to be used in Flood Zone "A" in connection with a permitted building using stem wall
construction, I certify that fill will be used only to fill the area within the stem wall.
- If fill material is to be used in any area, I certify that use of such fill will not adversely affect adjacent
properties. If use of fill is found to adversely affect adjacent properties, the owner may be cited for violating
the conditions of the building permit issued under the attached permit application, for lots less than one (1)
acre which are elevated by fill, an engineered drainage plan is required.
If I am the AGENT FOR THE OWNER,I promise in good faith to inform the owner of the permitting conditions set forth in this affidavit prior to
commencing construction. I understand that a separate permit may be required for electrical work,plumbing,signs,wells,pools,air conditioning,gas,or
other installations not specifically included in the application.A permit issued shall be construed to be a license to proceed with the work and not as
authority to violate,cancel,alter,or set aside any provisions of the technical codes,nor shall issuance of a permit prevent the Building Official from
thereafter requiring a correction of errors in plans,construction or violations of any codes.Every permit issued shall become invalid unless the work
authorized by such permit is commenced within six months of permit issuance,or if work authorized by the permit is suspended or abandoned for a
period of six(6)months after the time the work is commenced.An extension may be requested,in writing,from the Building Official for a period not to
exceed ninety(90)days and will demonstrate justifiable cause for the extension.If work ceases for ninety(90)consecutive days,the job is considered
abandoned.
WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR
PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING, CONSULT
WITH YOUR LENDER OR AN ATTORNEY BEFQRE REQQRDINra YOU13 NOTIC Q-COMMENCEMENT.
FLORIDA JURAT(F.S.117.03) /I
OWNER OR AGENT CONTRACTOR
Subscribed and sworn to(or affirmed)before me this Subscribed and sworn to(or affirmed)before me this
by 02/05/2021 by Seann Gates
Who is/are personally known to me or has/have produced Who is/are personally known to me or has/have produced
as identification. DL as identification.
Notary Public Notary Public
Commission No. Commission No. GG 959064
Jason S. Monchgesang
Name of Notary typed,printed or stamped Name of Notary typed,printed or stamped
- ,•���*Y JASON S. MONCHGESANG
X
NotaryPublic-State of FloridaCommission #GG 959064
�, My Commission Expires
February 17, 2024
Sol ,ar
Loeal Experts who Care
INSTR#2021025146 OR BK 10274 PG 2014 Page 1 of 1
02/05/2021 11:20 AM Rcpt:2257923 Rec: 10.00 DS:0.00 IT:0.00
Nikki Alvarez-Sowles, Esq., Pasco County Clerk&Comptroller
PemitNa P..8I10NOd'"L��tX� f �(�%(/'�,f�)�)t/(1'��3L7V
NOTICE OF COMMENCEMENT
slate of if �— courrtyorq�ncn
THE UNDERSIGNED hereby ghres notice that Impowmnem VA be made to aeon red Property,and in ao=dartce v ftlt Chapter 713,Flord6 Statutes,
the foRM*v wom um 1e provided In this Notice Of
1. Desa(pl on of Property. Parcel 1d0rdl0caaon No.
StfeetAddresa:c3i8`� 43140111_+101100J 1�422,6104rhiilS.i:7L 37-� L-IU
2. General Description of Improvement
M,ol)A1T1>,-�U1 {i2 WAIL SN..t^
3. Owner IrEomMbon or Lessee Inca nsim it the Lessee contracted fbr the impmtiement
w
,::�185 /` iu.laLe�L MOl low ' i,- 'iL
Address a�/� City State
Interest in Property: 2 M4
Name of Fee Simple Titlahader.
(If dtfm wd fran Owner Asted above)
Address / � C�_->_CJ!ay— City State
4. Cordtadar. � �
Address City e
Contreel�a T rte Na:
5. Surety:
Name
Address City Stets
AmountafBorld: 3 Telephone No.:
S. Lender:
Name
Address CRY state
Lome'-TatopA xm No.:
7. Persons within Ore Stele of Florida deargnated by the owner upon Wham rtoboee Or other do=ards may be salved as provided by
Section 718.13(1)(a)(7),Florida Sfabstes:
Name
Address City Stets
Telephone Number of Designated Person:
8. In addition to himself,Its owner designates of—
,
to recelve a copy of the Ue r&v Notice as provided In Section 713,13(1)(b),Florida SWA tas.
Telephone Number or Person or Entity Designated by Owner.
9. F)Iratlon date of Notre of Commencement(the e0hallon dab may riot be before to completion of construeuon arid final payment to the
conbwW,but will be one year ftom the date of mcortI ft urdess a dilfevent date is specified):
WARNING TO OWNER: ANY PAYMENTS MADE BY THE OWNER AFTER THE EXPIRATION OF THE NOTICE OF COMMENCEMENT
ARE CONSIDERED IMPROPER PAYMENTS UNDER CMWW
PART 1 SECTI 713.13,!uw3
STATUTE&, AND CAN
RESULT IN YOUR PAYING TWICE FOR IMPROVEMER PROPILRfY. NOTIC ENCEMENT MUST BE
RECORDED AND POSTED ON THE JOB SITE BEFORE TPECTION. IF U INTEND T FINANCING CONSULT
WITH YOUR LENDER OR AN ATTORNEY BEFORE COMMRK OR RECO NG YOUR NCOMMENCEWR.
Ur; r pens" of pequry,I declare that I have reed the Wagand that the faerein we true to fits best
of my krtowladge and bailer.
STATE OF FLORIDA
COUNTY OF PASCO
ar ,or DWnel'O arZ iwnred
HOW6R-)yl,er
�(� SloWaybTltiefDtAee
art The faegg Wtrunem v�aacrovAetlge�d�berm m��mopeasrf�r day 200.M�/_y t C I11�;v 1- c�t�VL
2e)
�' � Q A.)to V (type of authority.e.g.,aficer,Mstee,etwey,in fact)for
c5 Pik ' (narw Of"on bna m�a�n[p�wtro I ant ww+xoa,w
Personally KtrOrm O QB Produced Imrtdficatior Notary 8lgnettue
Type of Idw0calton Produced L Name(Prim) on. 5 • 0--je n e c AN4
JASON S. MONCHGESANG
Notary PubRe-Ststs of Florida
_• +5 Commission#OG 959084
o, � ttt r` My Commission Expires
eacement-pcos M February 17,2024
- -
DocuSign Envelope ID:55062BCF-75F2-44F3 A22F 94A56DF8687A
CONTRACT FOR SALE AND INSTALLATION OF A 5.44 SYSTEM
(hereinafter the"System")by and between US Solar Squared,LLC(hereafter"Seller"whose address is below provided)and
Mohan Singh Ninu Abraham (hereinafter jointly or severally"Buyer")whose address is
3185 Moulden Hollow Dr phyrhills Florida 33540 according to the terms and conditions hereafter stated. Buyer
understands and agrees that this contract is binding only when accepted by Seller by having its duly authorized company officer or member execute this
contract.Buyer fiuther understands and agrees that the full contract price for purchase and installation of the System shall be the following price
$25 394.00 unless amended by subsequent agreement of the parties. Buyer further acknowledges and agrees that Buyer is not to give
the sales agent presenting me this contract any money or check as the sales agent is an independent contractor and is not authorized to collect
money on behalf of Seller.
TERMS AND CONDITIONS
MECHANIC'SLIENNOTICE: ACCORDING TO FLORIDA'S CONSTRUCTION LIEN
LAW (SECTIONS 713.001 - 713.37, FLORIDA STATUTES),THOSE WHO WORK ON
YOUR PROPERTY OR PROVIDE MATERIALS AND ARE NOT PAID IN FULL
HAVE A RIGHT TO ENFORCE THEIR CLAIM FOR PAYMENT AGAINST YOUR
PROPERTY IF YOUR CONTRACTOR OR SUBCONTRACTOR FAILS TO PAY
SUBCONTRACTORS, SUBSUBCONTRACTORS, OR MATERIAL SUPPLIERS. THE
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 FORM 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.
BUYER'S RIGHT TO CANCEL
This is a home solicitation sale,and if you do not want the goods or services,you may cancel this contract by providing written
notice to the Seller in person,by telegram,or by mail.This notice must indicate that you do not want the goods or services and
must be delivered or postmarked before midnight of the third business 'day after you sign this contract. If you cancel this
contract,the seller may not keep all or part-of any cash down payment.
Date Buyer signed this contract is: 1/27/2021 _.If Buyer decides to cancel this contract,Buyer will send the cancellation
notice to Seller at its address provided below within three business days after this date.
By signing below,Buyer agrees to the terms and conditions stated above and on the reverse side of this page.
Buyer(s): f in o ecu gd�eRouse must sign as well). Doausigned ay:
By By . C 17N
FAF88FFF53B548B... EAFB8FFF53B548B_.
ACCEPTANCE:By signing below,Seller hereby accepts Buyer's offer according to the terms and conditions stated above and on the reverse side.
DoouSigned by: Z
US Solar Squared,LLC By
2732 Broadway Center Blvd. Seann Gates, e's` ent
Brandon,Florida 33510 2OA494735BBB49A...
State License#CVC57002 Date Accepted 1/27/2021
CHAPTER 558 NOTICE OF CLAIM
CHAPTER 558, FLORIDA STATUTES, CONTAINS IMPORTANT REQUIREMENTS YOU MUST
FOLLOW BEFORE YOU MAY BRING ANY LEGAL ACTION FOR AN ALLEGED
CONSTRUCTION DEFECT. SIXTY DAYS BEFORE YOU BRING ANY LEGAL ACTION, YOU
MUST DELIVER TO THE OTHER PARTY 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 DEFECTS AND TO CONSIDER MAKING AN OFFER TO REPAIR OR PAY FOR
THE ALLEGED CONSTRUCTION DEFECTS. YOU ARE NOT OBLIGATED TO ACCEPT ANY
OFFER WHICH MAY BE MADE. THERE ARE STRICT DEADLINES AND PROCEDURES UNDER
THIS FLORIDA LAW WHICH MUST BE MET AND FOLLOWED TO PROTECT YOUR
INTERESTS.
Installationl l.10
DocuSign Envelope ID:55062BCF-75F2-44F3-A22F-94A56DF8687A
1.INCORPORATION:The parties agree that the terms and provisions set forth on the front page are incorporated into this contract by reference.
2.JOB SPECIFICATIONS:The specifications for the System are set forth in the work order attached hereto and incorporated herein by reference.
The contract price set forth on the front page shall include i) the purchase of the System described in the work order; ii) the installation of the
System by Seller or its subcontractor, and iii) costs of supplies and materials used in the installation of the System. Buyer agrees to be fully
responsible for all sales taxes,if any,levied in connection with the purchase and installation of the System.Unless otherwise set forth in this contract,
the installation shall occur at the address of Buyer stated in the preamble.It is the obligation of the Buyer to provide Seller or its subcontractor utility
services so that Seller may properly install the System.
3. SERVICE AGREEMENT: Buyer agrees that this is not a contract governed under Chapter 672,Florida Statutes, as this is a contract primarily
for the installation of the System.Seller is not responsible for securing for Buyer any Federal Tax Credit,State or Power Company rebate,if any.
4. RESTOCKING FEE:Except for instances caused by US Solar Squared,LLC,US Solar Squared,LLC will charge the customer a restocking fee
of 15%for any cancellations after the recession period ends.
5.FINANCING:If Buyer does not have the funds readily available to pay the contract price following the installation of the System,Buyer agrees to
apply to a financing company to pay the contract price on forms provided by the financing company.Such application shall be undertaken by Buyer
independent of Seller whom Buyer agrees is neither Buyer's agent nor the agent of the financing company in connection with any loan application.if
Buyer applied for financing in connection with this contract, Buyer understands that Seller will not accept Buyer's offer unless the financing is
approved by a duly licensed financing institution in good standing in the State of Florida. If Seller accepts Buyer's offer and thereafter learns that the
financing has not been issued,or if issued is then withdrawn by the financing company, Seller may terminate this contract without any liability to
Buyer.
6.WARRANTY: Seller agrees,on condition that the full contract price has been paid on completion of the installation of the System,to warrant the
operation of the System for one year following its installation.If,during this one year period,the System or any its components should fail to operate
in accordance with the manufacturer's specifications, Seller agrees to replace or repair the System at its sole cost and expense, including parts,
supplies and labor.US Solar provides a 10 year Workmanship Warranty and a 5 year Roof Penetration Warranty.
7.LIMITATIONS OF WARRANTY:The warranty of repair and replacement given by Seller in paragraph 5 above shall be null and void if Buyer
or anyone else shall damage or improperly maintain or operate the System, or should injury or damage be caused the System by fire,rain, freeze,
storm(including hurricane)or any other force majeure or act of God. Furthermore,Buyer acknowledges and agrees that the proper maintenance and
operation of the System is dependent upon the conditions of proper design,construction and maintenance of Buyer's property and building(and pool
if applicable)where the System is to be installed and operated,and that the plumbing and electrical services serving Buyer's property are adequate to
maintain and operate the System as intended once installed. If the System fails to operate within the manufacturer's specifications because of the
failure of any of these conditions, then the warranty of Seller is null and void. Furthermore, it is specifically agreed that SELLER DOES NOT
PROVIDE AN IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE AS TO THE
SYSTEM BEING INSTALLED.
8. LIMITATION OF LIABILITY:The exclusive obligation and liability of Seller, and that of its officers,subcontractors,agents and employees,
to Buyer for any direct, indirect or consequential damages arising from or related to i) the failure of the System to operate according to the
manufacturer's specifications, or ii) damage to the property or building of Buyer due to a defect in the System or to the negligent or improper
installation of the System, or iii) for any personal injury (including death) caused Buyer by a defect in the System or its improper or negligent
installation is limited to the contract price;and,except to that extent,the Buyer hereby releases,discharges and waives any other claim or demand for
damages, injuries or losses of any kind or nature, or any other suit or action that Buyer may or does have against Seller, or any of its officers,
employees or agents,based upon a defect in the manufacture, installation or operation of the System, including any claim, demand, suit or action
Buyer might or could make or bring for the negligent installation of the System by Seller and its officers, subcontractors, agents and employees.
Furthermore, neither Seller nor any of its officers, subcontractors, employees or agents, shall be liable for any damage caused to the building or
property of the Buyer during the installation of the System unless Buyer serves written notice on Seller of the alleged damages within five(5)days
following installation.
9.ARBITRATION:Any dispute arising under or related to this contract, including any tort action arising out of or related to the installation of the
System,shall,if not resolved by the parties,be referred to binding arbitration.Only a court of competent jurisdiction shall have the right to determine
if the subject matter of the proposed arbitration comes within the terms of this arbitration provision if the parties disagree as to the arbitrability of the
matter. Arbitration shall be conducted in the Hillsborough County, Florida in accordance with Commercial Arbitration Rules of the American
Arbitration Association then pertaining,and judgment on any award rendered in such arbitration may be entered in any state or federal court. The
parties agree to allow the American Arbitration Association to choose the arbitrator,and its decision as to the selected arbitrator shall be binding
unless either party can show the chosen arbitrator to be incompetent or biased for or against any party.Notices in connection with such arbitration
must be served by personal delivery or certified mail, return receipt requested, on Seller at its address stated on the front page hereto. Costs of
arbitration, including the filing costs and related arbitrator fees, shall be awarded as determined by the arbitrator; but only a court having
jurisdiction over the parties may make a determination whether attorneys fees are recoverable, and if so, in what amount. Notwithstanding the
foregoing,the parties hereto,and those in privity with the parties hereto,agree that any action or suit to foreclose a mechanics lien brought pursuant to
Chapter 713,Florida Statutes,shall be exempt from the application of this arbitration agreement.
10. MERGER:This contract,if accepted by Seller,represents the final expression of the representations,terms and covenants of the relationship
established between Seller and Buyer and the installation of the System. Buyer agrees that Buyer is not relying upon any other representation or
statement made heretofore by any sales agent,independent contractor or representative of Seller to Buyer as an inducement to enter into this contract,
and Buyer releases Seller from any other inducement or representation that is not included herein,even if such representation was material to Buyer's
decision to enter into this contract.Buyer agrees that only an officer or member of Seller has the authority to bind Seller to this contract,or waive or
modify any of its terms. Furthermore,Buyer understands and agrees that no sales agent,independent contractor or employee of Seller has the right to
promise Buyer that any rebate of any sort will be made or given with respect to the purchase or installation of the System.
11.GOVERNING LAW,VENUE:This contract is to be construed under and governed by the laws of the State of Florida.Any action,suit or other
proceeding between the parties hereto, whether or not such action, suit or proceeding arises under this contract, shall be brought in Hillsborough
County,Florida;and the parties agree to waive venue in any other county.However, if the suit or action includes a mechanic's lien foreclosure,
venue shall be placed in the county where the System was installed.
12. NON-ASSIGNABILITY:Buyer may not assign this contract,nor any of Buyer's rights hereunder,to another.
13. PAYMENT:Buyer agrees to pay the full contract price on completion of the installation of the System,time being of the essence.
14. DEPOSIT:If the work order given in connection with this contract provides for Buyer to give Seller a deposit as a condition of Seller accepting
Buyer's offer, Buyer shall have the right to withdraw its offer if the amount of the deposit is not agreeable to Buyer. Payment of the deposit to
Seller's employee shall be conclusively deemed Buyer's agreement to enter into this contract and pay the deposit. Despite accepting such deposit,
Seller shall not be obligated to apply for any permit within thirty days of accepting the deposit or commence work within 90 days of the permit(s)
being issued,and the parties Hereto waive application of Florida Statute§489.126(2)to the extent it applies to this contract,if at all.
15. ACCEPTANCE: If Seller does not provide notice to Buyer that Seller has accepted Buyer's offer within forty-days following the date Buyer
signs this contract,Buyer's offer to enter into this contract shall expire.However, should Seller proceed to install the System following expiration of
the acceptance period with Buyer's knowledge and approval,then the parties hereto shall be bound by the terms of this contract.
Installation 11.10
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