We, the owners of the premises described below, hereinafter referred as "Purchaser" offer to contract with AMERICAN REMODELING, INC. (AN AUTHORIZED CONTRACTOR), hereinafter referred to as "Contractor", to furnish, to deliver and arrange for the installation of all materials necessary to improve the premises located at:
according to the following specifications:
Approved materials will be furnished and installed to these specifications:
*Omit all other windows not listed
*Lifetime warranty on all windows w/glass breakage & (1) transferable warranty.
If this is a credit transaction, the agreement for credit is contained in a separate document which is incorporated herein by reference and made a part thereof.
Verbal understandings and agreements with representatives shall not be binding. All understandings and agreements must be set forth in writing in this Contract. ADDITIONAL PROVISIONS ARE STATED ON REVERSE SIDE AND ARE PART OF THIS CONTRACT.
IN WITNESS WHEREOF Purchaser(s) have hereunto signed their name(s) this Day day of Month 2Yearand acknowledges receipt of a true copy of this Contract. (PROVISIONS ARE STATED ON REVERSE SIDE)
You the Purchaser(s) may cancel this transaction at any time prior to midnight of the third business day after the date of this transaction. See back of this document for an explanation of this right.
1. Purchaser agrees to pay the contractor the reasonable costs of enforcement or collection, and/or if in the event it becomes necessary for the contractor to retain an attorney and/or collection agency to enforce payment. Purchaser agrees to reimburse contractor the fees of any collection agency, which may be based on a percentage at a maximum of 33% of the debt, and all costs and expenses, including reasonable attorney fees, incurred in such collection efforts. In the event it becomes necessary to litigate to enforce payment of this contract, the Purchaser agrees to a trial to the Court and waives any and all rights or demand for a jury trial.
2. In the event that the Purchaser breaches this contract by failure to make payments as specified herein or upon Purchaser's cancellation of this contract within three business days after the date of this transaction or after expiration if Purchaser should breach this contract in any other respect, then AMERICAN REMODELING INC. shall be entitled to damages, including but not limited to, losses sustained by virtue of material ordered for this particular job, expenses of moving to the location and withdrawing therefrom, salesman's commission paid, a reasonable profit, and any other damage caused by said breach, including reasonable attorney's fees for collecting damages, court costs and interest upon delinquent payments.
3. Failure of AMERICAN REMODELING INC. to enforce any condition or term of this agreement shall not be construed as a waiver of that or any other term or condition of this agreement.
4. In the event Purchaser defaults in the performance of any of Purchaser's obligations thereunder, AMERICAN REMODELING INC. may accelerate the maturity of any part or all of the amount due under this agreement.
5. Loan. Purchaser agrees to apply for, through contractor, and, if approved, accept financing (the Loan) for the balance of the Purchase Price either through Unsecured or Asset Secured loan products. The Loan shall be at an interest rate not to exceed 19.00% per annum and shall be due not later than 12 months after issuance.
6. Liquidated damages. Purchaser agrees to make available the work premises in a reasonable period of time, on a continuing basis (within 21 calendar days) of Contractor's verbal notification that it is ready to perform. Failure to do so may result in breach of contract, remedied by 40% of contract amount plus cost of all materials of amount of contract. Reasonable time period clause may be altered if stated on face of contract. 40% of amount of contract liquidated damages clause shall also apply (without adding cost of materials add-on language) to contract cancelled after 3-day recision period has elapsed. 7.I (We) also agree and understand that if the full contract amount is not paid within thirty (30) days from the date of completion, interest will begin to accrue at the rate of one and one-half (11/2%) percent per month, for an annual rate of eighteen (18%) percent per annum, and that I (We) agree to pay all costs incurred by AMERICAN REMODELING INC. to collect any unpaid amount, including the fees of any collection agency, which may be based on a percentage at a maximum of 33% of the debt, and all costs and expenses, including reasonable attorney fees. I (We) further consent toany communications regarding this contract and any breach thereof, to my (our) cell phones, by the contractor and/or its agents, including its attorneys and/or collection agency.
INSTALLATION. It is understood that Contractor may not install said materials but that by your signature you authorize Contractor to arrange for performance of the installation by a qualified installer. You also authorize Contractor (1) to issue an installation work order with the specification shown herein and (2) to pay the installer upon your execution of a completion certificate establishing that the installation has been satisfactorily completed. You agree to pay to Contractor the amount specified herein, which will cover the price of said materials and the installation charge. Contractor agrees to warranty all workmanship for a period of one (1) year from date of completion, but assumes no liability for fit or future fit of any window covering, blinds, drapes, or window treatment, moving, disconnection or reinstalling home security alarm sensor, cracking of concrete regardless of when it occurs, condensation on the interior of sunrooms condensation is a naturally occurring event in certain weather conditions, and should not be mistaken for leakage. AMERICAN REMODELING INC.'s recommendation is additional shading and/or air conditioning/heating. Some disruption of landscaping in inevitable, and AMERICAN REMODELING INC. will not be held responsible for these disruptions.
AMERICAN REMODELING INC. assumes no liability for painting or staining on any project and assumes no liability for incidental damage to stucco during removal of windows.
Window sills are always excluded unless otherwise noted.
AMERICAN REMODELING INC. assumes no responsibility for removal or reinstallation of any window-mounted air conditioners or
AMERICAN REMODELING INC. assumes no responsibility for Home Owners Association approval on product's color, model or brand.
Any surplus material remaining after completion of this job shall remain the property of the Contractor. No credit is due you on return. There shall be no liability for delays in, or failure to complete delivery or installation of all or any of their mentioned merchandise, if due to any cause beyond Contractor's control, including but not limited to fire, strikes, war, governmental regulations, labor or material shortages.
This contract and the agreement for credit, if any, shall constitute the entire agreement between the parties, which entire agreement and specifications shall not be altered or modified except by written agreement between the parties, hereto.
BUYER'S RIGHT TO CANCEL: If you decide you do not want the goods or services, you may cancel this agreement by mailing a notice to the seller. The notice must say that you do not want goods or services and must be mailed before midnight of the third business day after you sign the agreement. The notice must be mailed to:
AMERICAN REMODELING INC. 5241 S. Santa Fe Drive, Littleton, CO 80120 303-781-1986
IN THE EVENT THIS OFFER TO CONTRACT IS NOT ACCEPTED BY CONTRACTOR, ANY PAYMENT THEREUNDER SHALL BE REFUNDED TO THE PURCHASER(S) AND THE PROPOSAL SHALL BE NULL AND VOID AND OF NO EFFECT. CONTRACTOR IS NOT RESPONSIBLE FOR EXISTING STRUCTURAL DEFECTS, DRY ROT OR CODE VIOLATION. NO REPAIRING, PLASTERING, CARPENTRY OR DECORATION IS INCLUDED UNLESS SPECIFICALLY CHARGED FOR ANY SPECIFIED IN WRITING HEREIN.
All payments will be made to AMERICAN REMODELING INC. at 5241: S. Santa Fe Drive, Littleton, CO 80120. Purchaser will execute a completion certificate or pay the balance of the contract immediately upon completion of the work and delivery of the goods or services.