Winter Boot Fall/Spring Service Contract
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|Winter Boot Installation||(Fall Service)|
|Winter Boot Removal||(Spring Service)|
Winter Boot Fall/Spring Service Form
Terms and Conditions
to BUYER. 7. GIGLIO reserves the right to cancel any order, or portion thereof, prior to delivery, due to availability of merchandise. In such event, to the extent that any deposit monies exceed the uncancelled portion of such order, such deposit money shall be returned to BUYER promptly. 8. In event that GIGLIO must retain legal counsel to enforce or defend its rights under this contract, BUYER shall pay GIGLIO reasonable attor- ney’s fees and court costs, which attorneys fees shall, in no case, be less than 20 percent of the amount in issue between the parties. 9. BUYER will pay a late charge of 1-1/2 percent per month on balance of any order after performance of requested services and delivery of mer- chandise if full payment is not received upon delivery, and BUYER shall pay attorneys fees if GIGLIO retains an attorney for collection of same. In such case, BUYER shall also pay all reasonable court costs and costs of litigation. 10. The statement of work to be performed as agreed to by GIGLIO AWNING LLC was based on a visual inspection of readily accessible areas of the BUYER’s property. If at any time during the performance of its work, GIGLIO AWNING LLC encounters unknown conditions that materially affect the required work and/or the timing of services, BUYER agrees to enter into a reasonable changes to the statement of work, the amount of pay- ment to GIGLIO AWNING LLC and/or timing of completion of services to address of the additional required work due to the unknown conditions. Unknown conditions include, but are not limited to, wiring, rewiring, conduits, termite damage, water damage, the location of pipes, conduits, studs, etc., and code violations, the presence of which cannot be determined until work has started. 11. BUYER understands and agrees that BUYER may be required to perform certain minimal acts after GIGLIO AWNING LLC has completed its work to ensure that satisfactory performance of the goods and materials sold by GIGLIO such as, but not limited to, rinsing or cleaning to minimize accu- mulation and degradation caused by salt and sand. Manufacturers provide written instruction to BUYER on suggested or required post performance main- tenance by BUYER. The BUYER agrees to secure personal effects prior to the commencement of the work by GIGLIO to prevent damage to BUYER’s property including, but not limited to, the removal of pictures from walls, relocation of furniture, the removal and installation of window treatments, etc. BUYER agrees that GIGLIO AWNING LLC is not liable for damage resulting from reasonable actions in is performance of the con tract. 12. CHANGE ORDER REQUIRED: Any alteration, deviation or change in the work to be performed shall be reduced to a writing entitled “Change Order”, and signed by BUYER and GIGLIO in order to be effective. Whether the changes involve extra costs or not, they will only be executed upon such written order. Such writing shall specify the change or changes, any adjustments in price therefore, and shall be exe- cuted with the same formalities as this agreement, thereby becoming a part hereof. 13. In the event of the dispute rising between the BUYER and GIGLIO, the BUYER shall submit such dispute to the American Arbitration Association for determination in Ocean County, New Jersey, and the BUYER agrees to abide by, and be bound by, the decision and award of the arbi- trators. Notwithstanding the foregoing, GIGLIO reserves the right to pursue any legal or equable action to which GIGLIO is entitled. 14. The failure of GIGLIO to enforce any of GIGLIO’S rights under this contract shall not be a waiver of any of GIGLIO’S rights under this contract. The front and back of this order comprise the entire agreement concerning this purchase and no other agreement or understanding of any nature concerning same has been made or entered into or will be recognized. 15. The Division of Consumer Affairs toll free number (In NJ only) 1.800.242.5846.