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� Restoration Specialists—Terms &Conditions GENERAL(Cust.Init. ) - , � 1. The work authorize erein relates to the specifications on the front page of this contract,the estimate,supplements,change orders and related documents,and does not cover pre�xisting defects unless stated otherwise. 2. All materials used will be standard stock materials,unless otherwise specified,and will match existing materials within reasonable tolerance as to color texture,design, etc. Wood is a product of nature. Natural products will have some variations in graining or color,which is considered acceptable condition of wood. 3. All painting of existing surfaces is intended to retum existing paint surfaces to the same color. Any changes in color or type of material will be done at extra cost to the Insured by written change order. 4. The contract price is based on completion during normal working hours and the Insured's agree to provide access to the job site as required for the completion of the work. Insured's electricity,water,and toilet are to be made available to the contractor's personnel during the course of work. 5. Any work deleted from this work authorization and paid for by the insurance company must be agreed upon by both the Insured and the Contractor in writing and the insured will be reimbursed for such work in an amount equal to the Contractor's projected cost of said work upgrades and changes will be done only by a signed change order. 6. The ContracCor is not responsible for the theft,disappearance of,or the damage to jewelry,art objects,siiver,gold,guns,monies,antiques,or personal items unless these items are removed and inventoried by the Contractor's personnel and stored in the Contractor's facilities. � 7. All materials used are covered by the warranties or guarantees provided by the manufacturer or supplier only. 8. Contractor has no responsibility for additional work or services contracted between the Insured and the workmen or tradesmen or sub-contractors of the Contractor. 9. Insured shall cooperate with Contractor and agrees to execute any and all documents required by any insurance company including,but not limited to,release and hold harmless agreements. ;� REMEDIES FOR NON-PAYMENT BY INSURED(Cust.Init. ) � In the event of default by the Insured,Restoration Specia' t ay exercise its right to any remedy allowed by law and any of the following remedies: 1. Construction Lien on the property in accordance with Florida Statutes,Chapter 713. 2. Insured grants to Contractor a lien on the Insured's real property being repaired under this contract for all work performed on Insured's conterits pursuant to this contract. The lien amount may be included in any lien claimed by Contractor pursuant to Florida Statutes§713 et seq. 3. Referral of account to outside collection agency,and report the account to all national credit bureaus. 4 Recover collection costs incurred. Collection costs will include intemal wllection costs incurred by Contractor,such as documented time spent by collection staff at a rate of$55.00 per hour,express courier costs,title and credit research,lien filing costs,etc. 5. Attomey Fees. In any litigation arising out of this contract,the prevailing party shall be entitled to recover their attomey fees,including attomey fees on appeal. Additionally,Insured shall be responsible for all legal fe nd costs incurred by Contractor if this matter is turned over for collection and enforcement prior to litigation. SPECIAL NOTICE-INSURANCE CHECKS(Cust.Init. - ` Restoration Specialists is agreeing to perform work on your property based solely upon your agreement to make payment for the services rendered as set out in the provisions of this agreement. The normal procedure for the making of such payment is to endorse any and all insurance check(s)received for the restoration work done and send or give such check directly to Restoration Specialists. The deductible will usually be payable by the Insured over and above any insurance checks,payable at the signing of this agreement. FLORIDA HOMEOWNERS'CONSTRUCTION RECOVERY FUND—PAYMENT MAY BE AVAILABLE FROM THE FLORIDA HOMEOWNERS'CONSTRUC- TION RECOVERY FUND IF YOU LOSE MONEY ON A PROJECT PERFORMED UNDER CONTRACT,WHERE THE LOSS RESULTS FROM SPECIFIED VIOLATIONS OF FLORIDA LAW BY LICENSED CONTRACTOR. FOR INFORMATION ABOUT THE RECOVER FUND AND FILING A CLAIM,CONTACT THE FLORIDA CONSTRUCTION INDUSTRY LICENSING BOARD AT THE FOLLOWING TELEPHONE NUMBER AND ADDRESS: 1940 N. Monroe St., Tallahassee,Florida 32399-2202;(850)487-1395 ACCORDING TO FLORIDA'S CONSTRUCTION LIEN LAW(SECTIONS 713.001-713.37, FLORIDA STATUTES), THOSE InIHO WORK ON YOUR PROPERTY OR PROV[DE MATERIALS AND SERVICES AND ARE NOT PAID IN FULL HAVE THE RIGHT TO ENFORCE THEIR CLAIM FOR PAYNiENT AGAINST YOUR PROPERTY. THIS CLAIM 9S KNOVIfN AS A CONSTRUCTION LIEN. IF YOUR GONTRACTOR OR A SUBCONTRACTOR FAILS TO PAl'SU�CON- TR�4CTORS, SUB-SU�CONTRACTORS, OR MATERIAL SUPPLIERS, THOSE PEOPLE WHO ARE OVIIED MONEY MAY LOOK TO YOUR PROPERTY FOR PAYMENT, EVEN IF YOU HAVE PAID YOUR CONTRACTOR IN FULL. !F '� YOU FAIL TO PAY YOUR CONTRACTOR,YOUR CONTRACTOR MAY ALSO HAVE A LIEN ON YOUR Pi20PERTl'. � THIS NIEANS IF A LiEN IS FILED, YOUIR PROPERTY COULD BE SOLD AGAINST YOUR WILL TO PAY FOR LA- BOR, MATERIALS, OR OTHER SERVICES THAT YOUR CONTlZACTOR OR A SUBCONTRAGTOR MAY HAVE FAILED TO PAY. TO PROTECT YOURSELF, YOU SHOULD STIPULATE IN THIS CONTRACT THAT BE�'ORE ANY PAYMENT IS MADE, YOUR CONTRACTOR IS REQUIRED TO PROVIDE YOU WITH A WRITTEN RELEASE OF LIEN FRQM ANY PERSON OR COMPANY THAT HAS PROVIDED TO YOU A"NOTICE TO OVIINER." FLORIDA'S COPI� STRUCTION LIEN LAW IS COMPLEX AND IT IS RECOMMENDED THAT YOU CONSULT AN ATTORNEI(. Revised 6/i 1 #128