Terms & Conditions
PURCHASER’S ACKNOWLEDGMENT OF CANCELLATION POLICY:
Purchaser acknowledges that the product being purchased is a custom consumer product that requires significant consultation, parts, and labor, and that this contract is subject to Cancellation Fees. The Cancellation Policy provides a cancellation premium schedule showing amounts due to RE if the Purchaser cancels this Contract at certain points in the production and installation process. Purchaser agrees that Purchaser is bound by the Cancellation Policy to pay the cancellation premiums shown therein if the Purchaser cancels this Contract.
Each elevator sold by RE is crafted to the customer's exact specifications, and as such RE incurs substantial costs to accommodate customer needs and to build accordingly. The process of engineering to design the custom product and special ordering of components begins prior to manufacturing. All of these functions require substantial monetary and personnel commitments. Below please find the cancellation premium schedule due to RE upon cancellation. All premiums are based on a percentage of the greater of the total original Contract, or the Contract as adjusted pursuant to these Terms and Conditions:
- 10% - After Contract has been executed. Work already performed includes creation of job file, ordering necessary equipment and material, preliminary scheduling and engineering.
- 25% - After job site assessment by RE personnel and engineering job specifications have been completed. This includes purchasing necessary equipment and material, engineering completing specification drawings and details, scheduling confirmation for production and installation.
- 50% -After job has been released to production. This includes commencement of the manufacturing process and/or components to complete order.
- 75% - After manufacturing has been completed but prior to shipping.
NOTICE TO OWNER:
Any contractor, subcontractor, or materialman who provides home improvement goods or services pursuant to this home improvement contract and who is not paid may have a valid legal claim against the property known as a mechanic’s lien. Any mechanic’s lien filed against the property may be discharged. Payment of the agreed-upon price under this Contract prior to filing of a mechanic’s lien may invalidate such lien. The property owner may contact an attorney to determine his/her rights to discharge a mechanic’s lien.
ESCALATION CLAUSE FOR BUILDING MATERIALS; RIGHT OF TERMINATION:
The price for the elevator equipment ordered under this Contract is calculated based on the prices for building materials at the time of the Contract. In the event of significant price increases of building materials during the performance of the contract, the Purchaser agrees that the price of the elevator equipment under this Contract shall be adjusted to account for the increased prices of building materials. A price increase in building materials shall be considered significant when the price of an item increases 15% or more from the date of this Contract. Any adjustment in the Contract price shall require written notice by RE to the Purchaser identifying the materials at issue and the amount of the price increase. If the adjustment of the Contract price is more than 5% of the total Contract price, the Purchaser shall have 15 days from the date of RE's written notice to terminate the Contract. Such termination shall be subject to the Cancellation Policy. If Purchaser fails to terminate the Contract, RE shall have the right to either terminate the Contract at its discretion or to proceed with the Contract at the adjusted Contract price.
RISK OF LOSS FOR FLOOD DAMAGE ON PURCHASER:
The Purchaser bears all risk of flood damage to the elevator equipment ordered by the Purchaser under this Contract from the moment that RE delivers or causes to be delivered the elevator equipment to the job site designated by the Purchaser. If the elevator equipment is damaged by flooding after such delivery, RE is under no obligation to repair or replace the damaged equipment. RE is under no obligation to procure insurance to cover flood damage to the elevator equipment that occurs after delivery.
Purchaser expressly agrees to indemnify, defend, hold harmless, discharge, release and forever acquit RE, its officers, agents and employees from and against any and all claims, demands, suits and proceedings brought against RE or its employees, including but not limited to loss, damage, injury or death that are alleged to have arisen from the negligence of Purchaser or any others in connection with the presence, use, misuse, maintenance, removal, operation or condition of the equipment covered by this agreement, or the associated areas surrounding such equipment, including but not limited to the hoistway, doors, and threshold. Purchaser’s duty to indemnify does not apply to claims or losses determined to be caused by or resulting from the negligence of RE or its employees. Purchaser’s obligation to RE under this clause includes payment of all attorneys’ fees, court costs, judgments, settlements, interest and any other expenses of litigation arising out of such claims or lawsuits.
INDEMNIFICATION, WORK DONE BY OTHERS:
Purchaser expressly acknowledges that the GC or HO, as defined in the section of this Contract entitled “Work Done By Others,” shall indemnify, defend, and hold RE harmless for all claims arising out of the “Work Done By Others” described in this Contract. This provision is in addition to the general indemnification provision set forth herein.
Purchaser will receive a written Warranty from RE for the elevator equipment ordered by Purchaser under this Contract. The written Warranty is the only warranty offered by RE covering the elevator equipment and installation labor. Unless otherwise stated in writing, the Warranty begins at date of Homeowner Walkthrough if completed within 365 days of Substantial Completion.
GOVERNING LAW AND WAIVER OF JURY TRIAL:
The laws of the State of Florida shall govern the interpretation and enforceability of this Contract without regard to provisions governing choice of law. Exclusive jurisdiction and venue for any litigation arising under this Contract shall be the federal and state courts located in Leon County, Florida. Both parties hereby consent to such jurisdiction and venue. No supplement, modification, or amendment of this Contract shall be binding unless executed in writing by a duly authorized representative of each party. Each provision of this Contract is severable from the entire Contract, and in the event that any provision is declared invalid or unenforceable, that provision shall be amended if possible to be enforceable, but in any event, the remaining provisions hereof shall remain in effect.
PURCHASER HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES THE RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT TO ANY LAWSUIT OR LITIGATION RELATING TO, BASED ON, OR ARISING OUT OF THIS AGREEMENT.
No waiver by either party of any default shall operate as a waiver of any other default or of a similar default on a future occasion. No waiver of any term or condition shall be effective unless in writing and signed by the party against whom enforcement of the waiver is sought. A mere delay by RE in exercising its rights under this Contract does not constitute a waiver of such rights.
ASSIGNMENT OF CONTRACT:
RE may elect, at its sole discretion, to assign this Contract to an affiliated entity.
This Contract, along with all subsequently executed change orders, constitutes the complete and entire agreement of the parties and supersedes all previous communications, oral or written, and all other communications between them relating to the subject matter hereof. No representations or statements of any kind made by either party, which are not expressly stated herein, shall be binding on such party.
AFTER-IMPOSED TARIFFS, DUTIES, AND TAXES:
RE has the right to increase the price to the Purchaser under this Contract due to after-imposed federal tariffs or federal or state taxes. An “after-imposed” federal tariff or federal or state tax means any new or increased tariff, tax, or duty, or a tariff, tax, or duty that was exempted or excluded on the Contract date but whose exemption was later revoked or reduced during the Contract period, on the materials or services covered by this Contract that RE is required to pay or bear as the result of legislative, judicial, or administrative action taking effect after the Contract date.