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National Headquarters Wayne and Tammy Jenkins
<br /> " 2501 Seaport Drive,Chester, PA 19013 34-24260
<br /> 888-736-6335 October 28, 2019
<br /> ® WWW.POWERHRG.COM
<br /> CRC1331654
<br /> NlME� CUSTOM REMODELING AND.IMPROVEMENT AGREEMENT
<br /> PENODlLIpf.
<br /> Additional Terms &Conditions (continued)
<br /> Additional Terms & Conditions
<br /> ACCORDING TO FLORIDA'S CONSTRUCTION LIEN LAW(SECTIONS 713.001-713.37, FLORIDA STATUTES), THOSE WHO WORK
<br /> ON YOUR PROPERTY OR PROVIDE MATERIALS AND SERVICES AND ARE NOT PAID IN FULL HAVE A RIGHT TO ENFORCE THEIR
<br /> CLAIM FOR PAYMENT AGAINST YOUR PROPERTY. THIS CLAIM IS KNOWN AS A CONSTRUCTION LIEN. IF YOUR CONTRACTOR
<br /> OR A SUBCONTRACTOR FAILS TO PAY SUBCONTRACTORS,SUB-SUBCONTRACTORS, OR MATERIAL SUPPLIERS,THOSE
<br /> PEOPLE WHO ARE OWED MONEY MAY LOOK TO YOUR PROPERTY FOR PAYMENT, EVEN IF YOU HAVE ALREADY PAID YOUR
<br /> CONTRACTOR IN FULL. IF YOU FAIL TO PAY YOUR CONTRACTOR,YOUR CONTRACTOR MAY ALSO HAVE A LIEN ON YOUR
<br /> PROPERTY.THIS MEANS IF A LIEN IS FILED YOUR PROPERTY COULD BE SOLD AGAINST YOUR WILL TO PAY FOR LABOR,
<br /> MATERIALS,OR OTHER SERVICES THAT YOUR CONTRACTOR OR A SUBCONTRACTOR MAY HAVE FAILED TO PAY. TO
<br /> PROTECT YOURSELF,YOU SHOULD STIPULATE IN THIS'CONTRACT THAT BEFORE ANY PAYMENT IS MADE,YOUR
<br /> CONTRACTOR IS REQUIRED TO PROVIDE YOU WITH A WRITTEN RELEASE OF LIEN FROM ANY PERSON OR COMPANY THAT
<br /> HAS PROVIDED TO YOU A"NOTICE TO OWNER." FLORIDA'S CONSTRUCTION LIEN LAW IS COMPLEX,AND IT IS
<br /> RECOMMENDED THAT YOU CONSULT AN ATTORNEY.
<br /> FLORIDA HOMEOWNERS'CONSTRUCTION RECOVERY FUND
<br /> FLORIDA HOMEOWNERS'CONSTRUCTION RECOVERY FUND PAYMENT, UP TO A LIMITED AMOUNT, MAY BE AVAILABLE FROM
<br /> THE FLORIDA HOMEOWNERS' CONSTRUCTION RECOVERY FUND IF YOU LOSE MONEY ON A PROJECT PERFORMED UNDER
<br /> CONTRACT,WHERE THE LOSS RESULTS FROM SPECIFIED VIOLATIONS OF FLORIDA LAW BY A LICENSED CONTRACTOR. FOR
<br /> INFORMATION ABOUT THE RECOVERY FUND AND FILING.A CLAIM,CONTACT THE FLORIDA CONSTRUCTION INDUSTRY
<br /> LICENSING BOARD AT THE FOLLOWING TELEPHONE NUMBER AND ADDRESS:Construction Industry Licensing Board 2601
<br /> Blairstone Road Tallahassee, FL 32399-10, Phone 850.487.1395
<br /> ANY CLAIMS FOR CONSTRUCTION DEFECTS ARE SUBJECT TO THE NOTICE AND CURE PROVISIONS OF CHAPTER 558,
<br /> FLORIDA STATUTES.
<br /> Delay/Unknown Conditions: Contractor's failure to perform any term or condition of this Agreement as a result of conditions beyond
<br /> its control such as, but not limited to strikes,fires,floods, acts of God, manufacturer's delay, material shortages, Buyer(s)'inability to
<br /> qualify for or obtain financing, delays by local government authorities in issuing or otherwise approving inspections, permitting, or
<br /> other required:authorizations do not constitute abandonment and are not included in calculating time frames for performance by
<br /> Contractor. Contractor and Buyer(s) have determined that a definite start and completion date are not material terms of this
<br /> Agreement.The Buyer(s) understand that the start date and completion date are approximate and are subject to change.
<br /> Late Payment/Late Cancellation of this Agreement: Buyer(s) agrees to pay a late fee of 1 1/2% per month on all amounts due and
<br /> owing from Buyer(s)to Contractor accruing from the date due and running to the date the payment is made. In the event that
<br /> Buyer(s) breaches any of the terms and/or conditions of this Agreement, Contractor may recover any damages for the breach thereof
<br /> and all remedies in its favor existing at law. A Late Cancellation after midnight of the cancellation date, specified in this agreement, is
<br /> a breach of this Agreement. The Buyer(s) shall reimburse Contractor for all of Contractor's out-of-pocket expenses, including, but not
<br /> limited to, costs incurred by the Contractor for measuring, ordering, manufacturing, purchasing and administrating the procurement of
<br /> the goods and services identified in this Agreement, and all other damages available under the law.
<br /> Contractor's Right to Cancel: In the event that Contractor determines that this Agreement cannot be performed as intended by the
<br /> parties due, for example,to incorrect pricing, unforeseen structural defects, or pre-existing conditions to Buyer(s)' Property,
<br /> Contractor may cancel this Agreement within forty-five (45) days of its:execution, notify Buyer(s) of such cancellation in writing and
<br /> return all monies paid by Buyer(s).
<br /> No Set-Offs or Retentions: Upon Substantial Completion of Contractor's work under this Agreement, Buyer(s) shall pay all amounts
<br /> due under this Agreement without any right of set-off or retention. Substantial Completion is defined as the stage in the progress of
<br /> the work where the work is sufficiently complete in accordance with this Agreement so that Buyer(s) can occupy or utilize the work for
<br /> its intended use. If after paying all amounts due under this Agreement, Buyer(s) alleges that Contractor's work is defective in any
<br /> respect, Contractor, without waiving any of its rights, shall cause an inspection of the work and perform any remedial work to the
<br /> extent the Buyer(s) is entitled to under this Agreement or Contractor's warranty at no cost to Buyer(s).
<br /> Buyer(s)' Representations and Responsibilities: In addition to making timely payment to Contractor according to the terms and
<br /> conditions of this Agreement, Buyer(s) represents and warrants that(a) Buyer(s) owns the premises where the products and/or
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