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DocuSign Envelope ID:9E050D46-461 E-413D-8EEE-3EF0444C5007
<br /> 1.INCORPORATION:The parties agree that the terms and provisions set forth on the front page are incorporated into this contract by reference.
<br /> 2.JOB SPECIFICATIONS:The specifications for the System are set forth in the work order attached hereto and incorporated herein by reference.
<br /> 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
<br /> 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
<br /> 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,
<br /> 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
<br /> services so that Seller may properly install the System.
<br /> 3.SERVICE AGREEMENT:Buyer agrees that this is not a contract governed under Chapter 672,Florida Statutes, as this is a contract primarily
<br /> for the installation of the System.Seller is not responsible for securing for Buyer any Federal Tax Credit,State or Power Company rebate,ifany.
<br /> 4.RESTOCKING FEE:Except for instances caused by US Solar Squared,LLC,US Solar Squared,LLC will charge the customer a restocking fee
<br /> of 15%for any cancellations after the recession period ends.
<br /> 5.FINANCING:if Buyer does not have the fiends readily available to pay the contract price following the installation of the System,Buyer agrees to
<br /> apply to a financing company to pay the contract price on forms provided by the financing company.Such application shall be undertaken by Buyer
<br /> 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
<br /> Buyer applied for financing in connection with this contract,Buyer understands that Seller will not accept Buyer's offer unless the financing is
<br /> 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
<br /> financing has not been issued,or if issued is then withdrawn by the financing company,Seller may terminate this contract without any liability to
<br /> Buyer.
<br /> 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
<br /> 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
<br /> in accordance with the manufacturer's specifications,Seller agrees to replace or repair the System at its sole cost and expense, including parts,
<br /> supplies and labor.US Solar provides a 10 year Workmanship Warranty and a 5 year Roof Penetration Warranty.
<br /> 7.LIMITATIONS OF WARRANTY:The warranty of repair and replacement given by Seller in paragraph 5 above shall be null and void if Buyer
<br /> 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,
<br /> storm(including hurricane)or any other force majetue or act of God.Furthermore,Buyer acknowledges and agrees that the proper maintenance and
<br /> operation of the System is dependent upon the conditions of proper design,construction and maintenance of Buyer's property and building(and pool
<br /> 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
<br /> maintain and operate the System as intended once installed.If the System fails to operate within the manufacturer's specifications because of the
<br /> failure of any of these conditions,then the warranty of Seller is null and void.Furthermore,it is specifically agreed that SELLER DOES NOT
<br /> PROVIDE AN IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE AS TO THE
<br /> SYSTEM BEING INSTALLED.
<br /> 8. LBYHTATION OF LIABILITY:The exclusive obligation and liability of Seller, and that of its officers,subcontractors,agents and employees,
<br /> 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
<br /> 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
<br /> 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
<br /> 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
<br /> 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,
<br /> employees or agents,based upon a defect in the manufacture, installation or operation of the System, including any claim, demand, suit or action
<br /> Buyer might or could make or bring for the negligent installation of the System by Seller and its officers, subcontractors,agents and employees.
<br /> Furthermore,neither Seller nor any of its officers,subcontractors,employees or agents,shall be liable for any damage caused to the building or
<br /> 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
<br /> following installation.
<br /> 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
<br /> 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
<br /> if the subject matter of the proposed arbitration comes within the terms of this arbitration provision if the parties disagree as to the arbitmbility of the
<br /> matter. Arbitration shall be conducted in the Hillsborough County, Florida in accordance with Commercial Arbitration Rules of the American
<br /> Arbitration Association then pertaining,and judgment on any award rendered in such arbitration may be entered in any state or federal court.The
<br /> parties agree to allow the American Arbitration Association to choose the arbitrator,and its decision as to the selected arbitrator shall be binding
<br /> unless either party can show the chosen arbitrator to be incompetent or biased for or against any party.Notices in connection with such arbitration
<br /> 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
<br /> arbitration,including the filing costs and related arbitrator fees,shall be awarded as determined by the arbitrator; but only a court having
<br /> jurisdiction over the parties may make a determination whether attorneys fees are recoverable,and if so, in what amount. Notwithstanding the
<br /> 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
<br /> Chapter 713,Florida Statutes,shall be exempt from the application of this arbitration agreement.
<br /> 10. MERGER:This contract,if accepted by Seller,represents the final expression of the representations,terms and covenants of the relationship
<br /> established between Seller and Buyer and the installation of the System.Buyer agrees that Buyer is not relying upon any other representation or
<br /> statement made heretofore by any sales agent,independent contractor or representative of Seller to Buyer as an inducement to enter into this contract,
<br /> and Buyer releases Seller from any other inducement or representation that is not included herein,even if such representation was material to Bayer's
<br /> 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
<br /> modify any of its terms.Furthermore,Buyer understands and agrees that no sales agent,independent contractor or employee of Seller has the right to
<br /> promise Buyer that any rebate of any sort will be made or given with respect to the purchase or installation of the System.
<br /> 11.GOVERNING LAW,VENUE:This contract is to be construed trader and governed by the laws of the Stale of Florida.Any action,suit or other
<br /> proceeding between the parties hereto,whether or not such action,suit or proceeding arises under this contract,shall be brought in Hillsborough
<br /> 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,
<br /> venue shall be placed in the county where the System was installed.
<br /> 12. NON-ASSIGNABILITY:Buyer may not assign this contract,nor any of Buyer's rights hereunder,to another.
<br /> 13. PAYMENT:Buyer agrees to pay the full contract price on completion of the installation of the System,time being of the essence.
<br /> 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
<br /> 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
<br /> Seller's employee shall be conclusively deemed Buyer's agreement to enter into this contract and pay the deposit. Despite accepting such deposit,
<br /> 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)
<br /> being issued,and the parties hereto waive application of Florida Statute§489.126(2)to the extent it applies to this contract,if stall.
<br /> 15. ACCEPTANCE:if Seller does not provide notice to Buyer that Seller has accepted Buyer's offer within forty days following the date Buyer
<br /> signs this contract,Buyer's offer to enter into this contract shall expire.However, should Seller proceed to install the System following expiration of
<br /> the acceptance period with Buyer's knowledge and approval,then the parties hereto shall be bound by the terms of this contract.
<br /> Installation)1.10
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