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TERMS AND CONDITIONS:
SCHEDULE FOR WORK. IllumiNation estimates, but does not guarantee, that the project work will be completed within 45 days after work commences. This date is contingent upon weather, material and labor availability, acts of God, owner delays in making material selections, making payments, and changes or other additional work.
MATERIAL SELECTIONS. Owner shall be responsible for making material selections in a timely manner. Once materials are ordered, any changes shall be subject to a reordering or restocking fee.
EXCLUSIONS. IllumiNation’s scope of work, and the contract sum, exclude the following items: Pre-existing conditions, framing, painting, flooring repairs or leveling and alarm security components, unless specified in contract scope of work. Owner acknowledges and agrees that IllumiNation cannot match caulking colors to existing paint colors, and that owner will have to paint caulking.
WARRANTY. Materials supplied by IllumiNation are covered by a manufacturer’s warranty. IllumiNation will assist owner in submitting any warranty claims to product manufacturers however they are not liable for manufacturer warranty issues. IllumiNation will adjust doors and windows for owner within one year after completing the project. IllumiNation labor warranty on installation is covered for two years from date of installation, this does not cover products warranty issues only the installation labor.
CONTRACT PRICE. The Owner agrees to pay IllumiNation the Contract Sum, as shown on the Proposal, plus any change orders.
PAYMENTS. Owner shall make a down payment at the time this Agreement is signed, which shall be applied first towards the cost of materials. Owner shall pay all other remaining amounts owed, upon substantial completion of installation. On materials only orders, Owner shall pay one-hundred percent (100%) at the time of entering into the Contract or placing the order, whichever is sooner. Owner acknowledges that the failure to make timely and complete payments in accordance with this Agreement entitles the IllumiNation to cancel orders, stop work and/or terminate this Agreement.
CHANGE ORDERS. Owner acknowledges that any changes, additions or substitutions to the labor or materials required to complete the project may result in additional costs. Owner agrees to make payment for those additional costs in the form of a change order. Owner is responsible for additional costs for owner-requested changes, delays caused by the owner or its agents, additional requirements from government agencies or municipalities, discrepancies in the plans and specifications, and for unforeseen conditions. Payment for change orders shall be due immediately.
INTEREST. In the event Owner’s payments due under this Agreement are made late, said unpaid sums shall accrue interest at 1.5% per month until paid in full.
STATUTORY NOTICE. Pursuant to statute, IllumiNation gives notice that the property owner has the right to file a written complaint with the registrar for an alleged violation of section 32-1154, subsection A. The Registrar of Contractors’ phone number is 602-542-1525 and its website is www.azroc.gov. Complaints must be made within the applicable time period as set forth in section 32-1155, subsection A.
ADDITIONAL PROVISIONS. If either Owner or IllumiNation brings any judicial action or administrative proceeding to enforce, protect, or establish any right or remedy under this Contract, or regarding the project work, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs. The rights and obligations of the parties shall be governed by the laws of the State of Arizona. This Agreement may be modified or amended only upon written agreement signed by the parties. This Agreement represents the entire contract and agreement of the parties, unless such Agreement is subsequently amended or modified as provided above. This Agreement may be superseded in its entirety by any subsequent contract, signed by the parties, which expressly provides that all prior contracts and agreements are superseded or voided by the new contract.