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HEREINAFTER,
Florida Sound Engineering Company is referred to as SELLER and the
customer is referred to as CUSTOMER.
1. Equipment warranties shall be the discretion of the
respective manufacturers. The installation, or the labor and
miscellaneous materials employed to assemble an installed system, shall
be warranted for one year after date of installation unless otherwise
specified in paragraph 16. The installation warranty is restricted to
the supply of necessary parts replacements due to bad workmanship or
faulty material, but does not include repairs, adjustments or
replacements made necessary by fire or water damage or accident to or
misuse or abuse of the system.
2. Disclaimer: SELLER shall not be liable for failure or delay in
delivery of goods sold occasioned by labor disputes, force majeure or
other causes beyond SELLER’S control: Nor for incidental or
consequential damages arising from any breach of contract as defined in
the uniform commercial code, relative to said sale. There are no other
warranties. Claims shall be deemed waived unless made in writing to the
SELLER within 10 days of delivery or occurrence of default. There is no
warranty of merchantability. For goods which SELLER does not
manufacture, the SELLER assigns to the CUSTOMER the right to proceed
against the manufacturer under seller’s warranties from it and others
involved with the goods.
3. CUSTOMER shall pay all expenses and fees for collection or
enforcement hereof, including attorneys fees of not less than 25% of
CUSTOMER’S account debt, or a reasonable attorneys’ fee, whichever is
greater, if account is placed with counsel. Service charges accrue on
CUSTOMER’S past due account at the rate of 1-1/2% per month. CUSTOMER
hereby submits to the jurisdiction of the Courts of the State of
Florida, whose laws shall govern this Agreement. There is 15% restocking
fee on all authorized returned goods.
4. Venue for any action hereon, by any of the parties hereto, or in
connection herewith shall be in Duval County, Florida, (except replevin
or Mechanics’ Lien actions, in which venue is statutory).
5. Anyone at the CUSTOMER’S place of business who receives SELLER’S
goods or who picks up goods for CUSTOMER, wherever SELLER delivers same
or causes same to be delivered, or where CUSTOMER is carrying on a
business activity, is conclusively presumed to be the agent of the
customer for the receipt of said goods for the customer. The SELLER
retains a lien on the goods sold to the CUSTOMER and the proceeds from
the sale thereof until the goods are paid for; and the CUSTOMER hereby
empowers and appoints the SELLER to sign in behalf of the CUSTOMER a
UCC-1 Financing Statement for filing, to perfect SELLER’S lien interest
in the goods sold. However, nothing herein shall be construed as a
waiver or release of any rights SELLER may have pursuant to applicable
Mechanics’ Lien laws.
6. The total contract price set forth is limited to the
installation of the listed materials and does not include conduit,
carpentry, painting or any work typically performed by other
construction trades unless specified otherwise.
7. The CUSTOMER agrees not to interrupt or delay the installation work
and the wires shall be run in the most cost-effective manner, unless
conduit is provided, and agrees to pay for any additional labor costs
which may be caused by any such interruption or delay and for any costs
incurred by CUSTOMER requesting uneconomical wire runs.
8. Permission to run wire or conduit outside premises must be secured by
CUSTOMER.
9. The CUSTOMER shall be responsible for all loss of or damage to the
equipment due to fire, theft or other causes while the equipment is in
the purchaser’s premises.
10. The obligation of SELLER under this contract shall at al times be
subject to contingencies beyond its control, including but not limited
to laws or government regulations, priorities, allocations or the like,
acts of God, strikes, labor difficulties, fires, accidents, inability to
secure materials or labor, war or civil disturbance.
11. This contract is made pursuant to, and shall in all respects be
governed by the laws of the State of Florida.
12. This proposal is subject to immediate approval and PRICES ARE GOOD
FOR SIXTY (60)DAYS ONLY. If this proposal has not been accepted by
potential CUSTOMER and acknowledged by SELLER within ninety days from
above date, then this proposal is void.
13. This Agreement is not subject to oral cancellation or change. If
oral cancellation or change is claimed , such must be in writing and
signed by the parties to be charged, within ten (10) days from the
alleged date of change or cancellation, otherwise change or cancellation
shall be conclusively deemed as waived.
14. All notices relative hereto must be in writing with proof of
delivery by Registered Mail or Certified Mail, return receipt requested
and shall not take effect until received by SELLER. The rights provided
for herein to SELLER are cumulative to all other rights SELLER may have
though not provided for herein. THE PERSON SIGNING ON BEHALF OF THE
CUSTOMER ALSO SIGNS AS GUARANTOR OF THIS AGREEMENT AND CUSTOMER’S
ACCOUNT AND AGREES TO THE TERMS HEREOF.
15. Monthly billings shall be rendered based on work in place on the
25th of the month. SELLER shall reserve the right to stop work for
nonpayment within terms upon ten (10) days written notification.
16. General Conditions:
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