Terms & Conditions
Payments of all monies under this service contract are due within 15 days of date of invoice. All past due accounts will accrue interest on the unpaid balance at the rate of 1 1/2% per month (18% per annum) or the maximum amount permitted under applicable law until such balance is paid in full. All amounts past due under this service contract shall be subject to collection. In the event Solcar Electric, Inc. undertakes any collection efforts, it shall be entitled to receive all collection costs incurred, including but not limited to, attorney’s fees, court costs, collection agency fees or other charges or expenses. In the event of any other litigation arising under or from this service contract, the prevailing party shall be entitled to an award of reasonable attorney’s fees and costs including appellate fees, if any, in connection therewith. Further, the parties hereto expressly waive all right to a jury trial for such litigation.
It is understood and agreed that all material, supplies or equipment to be provided under this service contract shall remain the property of Solcar Electric, Inc. until all payments due hereunder are made in full.
The owner agrees to be responsible for all damage or loss to any material, supplies or equipment of Solcar Electric, Inc. located at the job site until completion of the subject project and payment in full of all monies due. It is understood and agreed that Solcar Electric, Inc. does not offer or extend any warranty, express or implied, in regard to the materials, supplies, labor or equipment utilized in the performance of the subject project. This provision is not intended to eliminate those warranties provided by the manufacturers. Further, it is expressly agreed and understood that Solcar Electric, Inc. will not be responsible for any claims for incidental or consequential damages arising out of or connected with this service contract.
Solcar Electric, Inc. is not assuming any responsibility for location of underground utilities, piping, wiring, unforeseen conditions or any damage thereto which occurs in the performance of the work under this service contract. The owner agrees to hold harmless and indemnify Solcar Electric, Inc. for all claims, damages, losses and expenses, including attorney’s fees and costs, arising under or from this service contract to be performed thereunder unless such claims, damages, losses and expenses were caused by the sole negligence or willful misconduct of Solcar Electric, Inc., its employees or agents.
It is expressly understood and agreed that Solcar Electric, Inc. may be providing certain drawings, designs, installation layouts, engineering calculations, design criteria or other information to the owner and all of such information shall remain the sole property of Solcar Electric, Inc. unless specifically stated otherwise in writing. Permits and associated processing fees are not included unless specified otherwise.
All waste is the property of the owner, who is responsible for its proper disposal. Solcar Electric, Inc. shall not be responsible for the disposal of trash, waste, or debris created as a result of the work performed unless specifically stated otherwise.
CHAPTER 558 NOTICE OF CLAIM
CHAPTER 558, FLORIDA STATUTES, CONTAINS IMPORTANT REQUIREMENTS YOU MUST FOLLOW BEFORE YOU MAY BRING ANY LEGAL ACTION FOR AN ALLEGED CONSTRUCTION DEFECT. SIXTY DAYS BEFORE YOU BRING ANY LEGAL ACTION, YOU MUST DELIVER TO THE OTHER PARTY TO THIS CONTRACT A WRITTEN NOTICE, REFERRING TO CHAPTER 558, OF ANY CONSTRUCTION CONDITIONS YOU ALLEGE ARE DEFECTIVE AND PROVIDE SUCH PERSON THE OPPORTUNITY TO INSPECT THE ALLEGED CONSTRUCTION DEFECTS AND TO CONSIDER MAKING AN OFFER TO REPAIR OR PAY FOR THE ALLEGED CONSTRUCTION DEFECTS. YOU ARE NOT OBLIGATED TO ACCEPT ANY OFFER WHICH MAY BE MADE. THERE ARE STRICT DEADLINES AND PROCEDURES UNDER THIS FLORIDA LAW WHICH MUST BE MET AND FOLLOWED TO PROTECT YOUR INTERESTS.
ACCORDING TO FLORIDA'S CONSTRUCTION LIEN LAW (SECTIONS 713.001-713.37, FLORIDA STATUTES), THOSE WHO WORK ON YOUR PROPERTY OR PROVIDE MATERIALS AND SERVICES AND ARE NOT PAID IN FULL HAVE A RIGHT TO ENFORCE THEIR CLAIM FOR PAYMENT AGAINST YOUR PROPERTY. THIS CLAIM IS KNOWN AS A CONSTRUCTION LIEN. IF YOUR CONTRACTOR OR A SUBCONTRACTOR FAILS TO PAY SUBCONTRACTORS, SUB-SUBCONTRACTORS, OR MATERIAL SUPPLIERS, THOSE PEOPLE WHO ARE OWED MONEY MAY LOOK TO YOUR PROPERTY FOR PAYMENT, EVEN IF YOU HAVE ALREADY PAID YOUR CONTRACTOR IN FULL. IF YOU FAIL TO PAY YOUR CONTRACTOR, YOUR CONTRACTOR MAY ALSO HAVE A LIEN ON YOUR PROPERTY. THIS MEANS IF A LIEN IS FILED YOUR PROPERTY COULD BE SOLD AGAINST YOUR WILL TO PAY FOR LABOR, MATERIALS, OR OTHER SERVICES THAT YOUR CONTRACTOR OR A SUBCONTRACTOR MAY HAVE FAILED TO PAY. TO PROTECT YOURSELF, YOU SHOULD STIPULATE IN THIS CONTRACT THAT BEFORE ANY PAYMENT IS MADE, YOUR CONTRACTOR IS REQUIRED TO PROVIDE YOU WITH A WRITTEN RELEASE OF LIEN FROM ANY PERSON OR COMPANY THAT HAS PROVIDED TO YOU A "NOTICE TO OWNER." FLORIDA'S CONSTRUCTION LIEN LAW IS COMPLEX, AND IT IS RECOMMENDED THAT YOU CONSULT AN ATTORNEY.