(A) This agreement contains the terms and conditions by which seller will quote and sell its products and services to buyer.
(B) The terms “purchase order” or “order” for the purposes of this agreement include the term “request for quotation”, as appropriate.
(C) This agreement supersedes all pre-printed and boiler plate terms and conditions set forth in any purchase order issued by buyer.
(D) No reference herein to buyer’s purchase order will in any way incorporate different or additional terms and conditions which are hereby objected to.
Seller will not be responsible for loss, damage, or delay brought upon by a common carrier. Buyer must file any and all freight claims. All shipments are made F.O.B. our facility, Medley, Florida.
Prices, terms and conditions are subject to change without notice. Invoicing will be at the price in effect at time of order.
Seller cannot be held liable for back charges due to defective, damaged aluminum, processing delays, manufacturing delays, or late contingencies of transportation, acts of God, or other causes beyond our control.
Any municipal, county, state or federal tax imposed by result of sale will be added to the invoice and paid by the customer. All other customers must present resale number at time of order.
Non-conforming or defective material must be reported to seller within 72 hours after delivery. After this time Seller will not be able to change/replace or modify material.
Schedules for shipping and will call are estimates. These estimates of time frames cannot be guaranteed or be considered legally binding.
All materials furnished by seller are sold as is. Deliveries made to and accepted by another designated finisher or fabricator is the total responsibility of the buyer.
Seller has no control over the use of its products. The owner, the architect, and the installer are responsible for the selection of the proper systems and sizes to comply with all building and safety codes and laws.
If the buyer delays receipt of goods later than the completion date, seller may invoice buyer on completion date. Buyer shall pay said invoice in accordance with stated credit terms contained herein.
Items supplied by seller which are manufactured by others, shall be subject to the manufacturer’s warranty. Seller does not assume any liability for freight or labor costs.
Seller does not agree to buyer’s terms and conditions. Sale is conditional upon buyer’s acceptance of seller’s terms and conditions. Any sale made to buyer is deemed that buyer has read and consented to all of seller’s terms and conditions.
Unauthorized back charges, claims, or short payments will not be accepted by seller.
No material will be accepted for return unless agreed to by seller. Seller shall be responsible to decide value, re-stock fee, etc.
SECTION 1 – ONLINE STORE TERMS
Throughout the site www.AmericanAluminumFabricators.com, the terms “we”, “us” and “our” refer to American Aluminum Fabricators Corp. American Aluminum Fabricators Corp. offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing/ordering/installing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing, using or signing any part of the site/contract, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice due to tariff fees and increase in aluminum prices.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
*Special finishes are not included in the total cost, unless otherwise stated by the company. For example, trims, ornamental hardware etc. are not included in the price.
**If in the case of removing your old window/door and replacing with our new product we notice a structural defect we will charge a fee to make any repairs. We reserve the right to accept or deny this repair if it has to do with the structural defect. In this case we will advise the client to make any reparations before we can continue to install or impact window and/or door.
SECTION 5 – PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 – PAYMENTS AND ORDER PROCESSING
American Aluminum Fabricators Corp. has the sole discretion to provide the terms of payment. Unless otherwise agreed, payment must first be received by American Aluminum Fabricators Corp. prior to the latter’s acceptance of an order. Unless credit term has been agreed upon, payment for the products shall be made by cash, check, debit and credit card. American Aluminum Fabricators Corp. has all the discretion to cancel or deny orders. Order processing might take from 2 – 4 weeks for hurricane accordion shutters. For impact windows, fencing, decking, patio screens, pergolas and railings it will take from 8-12 weeks since these need to be created by the manufacturer.
SECTION 7 – DELIVERY
American Aluminum Fabricators Corp. only offers Local Delivery. As for the moment, we only deliver to Miami Dade County, Broward Country, Palm Beach County and Monroe County. If an order is placed outside the counties mentioned before, the order will be subject to fuel costs and delivery fees.
SECTION 8 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors without prior dealer contract.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more detail, please review our Refunds Policy.
Inspection, delivery, shipping, freight charges, claims, and packing. Inspection of products and services will be done by purchaser immediately after receipt of products or completion of services. In no event will product or service delivery dates be construed as falling within the meaning of “time is of the essence”. Buyer must notify seller of any deficiency or claim within 72 hours of receipt of product or services.
The following costs and expenses are not covered by the provisions of these limited warranties: (A) Labor cost for the removal and reinstallation of products or other manufacturer’s products. (B) Shipping and freight expenses required to return products to seller. (C) Normal maintenance; and (D) economic losses. In addition, the provisions of this warranty are not applicable to anything other than defects in seller’s materials (products only) or workmanship.
SECTION 9 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools” as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 10 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 11 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 12 – PERSONAL INFORMATION
SECTION 13 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 14 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 15 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall American Aluminum Fabricators Corp., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 16 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless American Aluminum Fabricators Corp. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 17 – SEVERABILITY
In any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 18 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 19 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
In the event any indebtedness is placed in the hands of an attorney and/or arbitrator, buyer agrees to be responsible and shall pay all reasonable fees incurred.
SECTION 20 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 7281 NW 77TH Street, Medley, FL 33166, United States.
SECTION 21 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 22 – ESCALATION CLAUSE
The contract price for this residential/commercial construction project has been calculated based on the current prices for the component building materials. However, the market for the building materials that are hereafter specified is volatile, and sudden price increases could occur. American Aluminum Fabricators Corp. agrees to use his best efforts to obtain the lowest possible prices from available building material suppliers, but should there be an increase in the prices of these specified materials that are purchased after execution of contract for use in this residential/commercial construction project, the Owner agrees to pay that cost increase to American Aluminum Fabricators Corp. Any claim by American Aluminum Fabricators Corp. for payment of a cost increase, as provided above, shall require written notice delivered by the American Aluminum Fabricators Corp. to the Owner stating the increased cost, the building material or materials in question, and the source of supply, supported by invoices or bills of sale.
SECTION 23 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at email@example.com
Seller reserves the right to refuse service to anyone.
AMERICAN ALUMINUM FABRICATORS CORP. FEI/EIN Number: 82-3439141
NOTE: City fees are paid by purchaser.
AMERICAN ALUMINUM FABRICATORS CORP (AAF).
– Exterior caulking will comply with AAMA 808.3 Section 1.4 or ASTM C 920 Class 25 Grade NS or greater
– Buck and stucco repair is included as needed (excludes major unforeseen conditions)
– To provide client with proof of state license and certificate of insurance.
– To haul away all trash and debris.
– To provide notice of commencement and partial release of lien and manufacture order waivers as payments are made upon request.
– To provide a three-year warranty on labor.
-In good faith – AAF may assist client with the following items but will not be held responsible for any damages: moving furniture and valuables, removing window treatments, reinstalling window treatments, removing alarm system wiring, and covering work area to help prevent dust and debris from entering home.
-Purchaser understands that lead time varies depending of manufacturer(s) being used for this project. Purchaser understands that products for this.
project will not go into production until AAF receives “The Notice to Proceed” if this project is financed by another party, 100% deposit is paid when it is a cash deal, and / or in some cases city permits and associations have provided approvals required.
– Upon substantial completion, purchaser shall only hold a maximum of 5% of the total contract value but shall not exceed over $1,000. The following
pending items are some examples that shall not be used to hold more than the allowable amount: screens, glass repair, parts repair, hardware, etc. At
times, a service ticket needs to be submitted to the manufacture for a manufacture service to take place. This is also a pending item that shall not be
used against AAF to hold any more than the allowable amount. In the case that the project is financed, AAF will supply purchaser with a check for the
amount of the hold upon receiving funding from the third party.
– If this project is not financed, the initial deposit will be for 80% at delivery and installation starts – 10% after passing final inspection.
ACCORDING TO FLORIDA’S CONSTRUCTION LIEN LAW (SECTIONS 713.001-713.37, FLORIDA STATUES), THOSE WHO WORK ON YOUR PROPERTY WILL PROVIDE MATERIALS AND ARE NOT PAID IN FULL HAVE A RIGHT TO ENFORCE THEIR CLAIM FOR PAYMENTS AGAINST YOUR PROPERTY. IF YOUR CONTRACTOR OR A SUBCONTRACTOR FAILS TO PAY SUB CONTRACTORS, SUBCONTRACTOR, OR MATERIAL SUPPLIERS, THE 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 LEIN 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 CONTTRACTOR OR SUBCONTRACTOR MAY HAVE FAILED TO PAY. TO PROTECT YOURSELF, YOU SHOULD STIPULATE IN THIS CONTRACT THAT BEFORE ANY PAYMENTS ARE 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 LEIN LAW IS COMPLEX AND IT IS RECOMMENDED THAT YOU CONSULT AN ATTORNEY.
Terms and Conditions
- BINDING: upon purchaser, its heir, the successors and/or assigns. Purchaser further represents that he is the true owner of the subject premises
upon which seller will be installing the subject hurricane protection products. Purchaser acknowledges that this agreement and the subject purchase and
sell contemplated herein does not constitute a home solicitation sale and that seller and its salesperson and agents called upon purchasers and made a
business visit to purchasers’ home upon the express invitation of purchaser or the purchaser’s agent.
- INSTALLATION PROCESS: During installation of the hurricane protection products as contracted for within this agreement, each system shall be
tested for proper fit and operation. Purchaser agrees that it must be present during the installation process if it desires to view the hurricane system installed and deployed. Should purchaser not decide to be present, seller will be under no obligation to again install of deploy either the window, door, and/or shutter system. Following installation, if the purchaser believes that seller has failed to provide any products purchased under this agreement, and then in that event, purchaser must advise seller within ten (10) days following the installation.
- PAYMENTS: Any payments due and owing for longer than ten (10) days shall incur interest at 18% per annum. Purchaser agrees that it will not make any deductions from or back charges against any amount’s due seller pursuant to the terms of this agreement without prior written agreement of seller.
In the event that purchaser deliver’s to seller or personal, business or corporate check which is returned to the seller by its depository bank for any reason whatsoever purchaser shall pay to seller a processing fee in the amount of FIFTY AND NO/100 DOLLARS ($50.00). Thereafter at the option of American Aluminum Fabricators Copr. seller may require paying all further payments in cash, cashier’s check, or money order. After being directed to do so by seller, if purchaser does not comply, purchaser shall be in default of this contract. Both parties agree that the buyer may hold back up to 5% of the unpaid balance in the event of any recognized minor defects, loss or damaged screen, damaged glass, or any other minor item that may require replacement providing that the windows and/or doors that are specified on this contract are installed.
American Aluminum Fabricators Corp. offers financing from many financial institutions as convenience towards to our customers. American Aluminum Fabricators Corp. is not a lender and has no say in the final decision rendered by the lender regarding your financing.
Purchaser agrees that any delays when payments are due will result in a delay in job completion.
- PURCHASER REMEDIES: It is expressly agreed that following the installation of the subject goods and products, the purchaser exclusive and sole remedy shall be the remedies contained in the warranty certificate attached to this agreement, the terms of which are incorporated herein by this reference. There are no warranties, expressed, implied or statutory which extend beyond the description contained in the warranty certificate. Seller shall have no liability for any consequential damages incurred by the purchaser. Notwithstanding the foregoing, seller’s liability for damages to purchaser, including any or all attorney fees and costs of suit to which the purchaser may be entitled, are expressly limited to the lesser of the contract amount of this agreement or the amount paid or deposited by the purchaser.
Should purchaser be entitled to its return of its deposit purchaser agrees that this only only happen if the order has not been cut and started. Once the order starts the manufacturing process no returns can be made.
- LIQUIDATED REMEDIIES: Should purchaser default in the payment of any sums due under this agreement or should purchaser attempt to cancel or terminate for any reason whatsoever, seller in addition to any and all other rights to which seller is entitled as a matter of law shall have the option of electing to accept as liquidated damages a sum equal to one half (1/2) of the total contract amount as shown in the front agreement.
- NOTICE OF CUSTOMER RIGHTS UNDER FLORIDA HOME OWNERS’ CONSTRUCTION RECOVERY FUND FOR RESIDENTIAL CONTRACTS IN EXESS OF TWO THOUSAND FIVE HUNDRED DOLLARS ($2,500.00) ,
FLORIDA STATUTES 489.1425 REQUIRES US TO NOTIFY YOU OF THE FLORIDA HOMEOWNERS’ CONSTRUCTION RECOVERY FUND IF YOU LOSE MONEY ON A PROJECT PERFORMED UNDER CONTRACT. WHERE THE LOSS RESULTS FROM SPECIFIED VIOLATIONS OF FLOIDA LAW BY A LICENSED CONTRACTOR. FOR INFORMATION ABOUT
THE RECOVERY FUND AND FILING CLAIM. CONTACT THE FLORIDA CONSTRUCTION INDUSTRY LICENSING BOARD AT THE TELEPHONE
NUMBER AND ADRESS: 7960 ARLINGTON EXPRESSWAY, SUITE 300, JACKSONVILLE, FLORIDA 32211-7467 (904) 727-6530.
- SUFFICIENCY OF STRUCTURE: Purchaser agrees that it shall be purchaser’s obligation to provide and to ensure that any and all walls, structures and other improvements to which seller’s window/door/shutter product is to be attached is of sufficient strength, construction and integrity so as to allow the attachment and installation of seller’s shutter product in compliance with all the applicable government building codes and requirements, using seller’s standard installation, procedure, tools, parts and fasteners. Seller shall not be responsible for and is relieved of any and all obligation to install
any product if seller encounters any hidden or unforeseen condition that interferes with or otherwise increase the cost of seller’s standard installation. It is often difficult for seller’s salesperson to determine whether the intended manufacture and installation of the hurricane protection products is unusual and/or extraordinary. Should unusual, extraordinary or abnormal conditions arise or become evident as to any portion of the engineering, manufacture and/or installation of the hurricane protection product, then in that event seller shall have the absolute right to cancel this agreement and the seller’s financial liability thereafter shall be limited to the return of purchaser’s deposit less seller’s incurred costs.
- DAMAGES DURING INSALLATION: Although seller will use reasonable care in the installation of the subject goods and products, purchaser agrees that certain damages to purchaser’s property as a result of the installation are unavoidable. Purchaser agrees that the seller will not be responsible and purchaser specifically waives any claims for such damages that may occur during installation, whether caused by seller or others, including but not limited to, cracked, chipped or damaged tile, marble or Chattahoochee caused by drilling, cracked roofing tiles or other roof damage caused by walking on purchaser’s roof, damages to landscaping when access to windows or door openings are impeded or hampered by landscaping such as trees, flower beds or shrubbery, damage to paint, stucco or plaster, damages to windows or window sills, damages to pool enclosures and screening surrounding pools, damages from debris, dust or scrap caused by metal shavings or cement dust occurring during the installation of window/door/shutter systems and which may be blown into pools, spas or ponds, damages caused by the existence of concealed or non-apparent conditions, including the existence of electrical, plumbing, air-conditioning, alarm systems or other components not visible to seller or seller’s installer, and any and all damages or defects resulting from installation required by purchaser which depart from conventional installation methods or practices, or defects are damages resulting from design changes requested by which depart from approved engineering specifications or building codes.
The installation of hurricane protection products requires the drilling of a considerable number of holes in the structure to which the hurricane protection product is to be attached.
- NO DAMAGE FOR DELAY: Purchaser agrees that seller shall not be responsible for and shall not be liable to purchaser for any delay damages experienced by purchaser. Purchaser expressly waives any such delay damages. Should the delivery or installation of the subject goods and products require purchaser and its agents to obtain homeowner association approval or condominium association approval for the delivery and installation of the subject goods and products, then in that event, seller’s obligations to perform under this agreement shall be postponed until receipt of such approval. Purchaser’s obligation under this agreement shall not be contingent upon any such approval and purchaser agrees to seek diligently and in good faith to obtain such approval as soon as possible. Purchaser understands and agrees that any dates provided or otherwise represented for the manufacture, completion or installation of the goods and products which are the subject of this agreement are simply good faith, non-binding estimates and are anticipated approximate dates and do not constitute a material representation by seller or a material inducement to purchaser and may be extended and/or delayed due to conditions reasonably beyond seller’s control, including but not limited to supply and demand, the time of year, availability of material, availability of installers, weather conditions, permitting problems, government approvals and other factors which may delay seller in the performances under this agreement. Purchaser acknowledges the additional time that may be necessary for the installation of the subject goods and products based on foregoing matters. Purchaser understands and acknowledges that the manufacture and installation of the subject goods and products will take longer if purchaser is purchasing the subject goods and products during or immediately prior to the yearly hurricane system and the goods and products may not be manufactured and installed in time for the hurricane season. The failure to manufacture and install the goods and products in time for the hurricane season or in advance of a specific hurricane shall not be cause or excuse for purchaser to not honor its payment obligation under this agreement. Seller shall have no responsibility to purchaser for damage caused to purchaser’s property or for the purchased emergency materials and/or supplies, because of seller’s failure to timely supply and install hurricane protection products that are the subject of this agreement.
- LEGAL PROCEEDINGS: Should it become necessary for seller to utilize the services of an attorney to collect or attempt to collect any amounts due and owing under this agreement, then in that event, purchaser agrees to pay seller’s reasonable attorney’s fees and court costs. Should any of the rights, duties and/or obligations arising from this agreement, purchaser agrees that the exclusive jurisdiction and venue for bringing that action shall should be within the state courts of Broward county, Florida. Any judgment obtained by seller against purchaser will bear interest at the rate of eighteen percent (18%) per annum. Purchaser and seller hereby knowingly, irrevocably, voluntarily and intentionally waive any right either may have to a trial by jury (or to the use of an advisory jury) in respect to any action, proceeding or counter claim based on this agreement, arising out of, under or in
connection with this agreement or any course of dealing, statements (whether verbal or written) or actions of any type whatsoever of any party hereto.
- MISCELLANEOUS: Owner acknowledges (A) that work performed in a workmanlike manner may have minor irregularities or imperfections. Seller is not liable for any irregularities or imperfections for work that meets or exceeds industry standards; (B) Failed inspections do not constitute a breach of contract; (C) Delay or failure to pay seller is considered to be a breach of contract; (D) Seller is not liable for purchaser’s aesthetic preferences such as color or material choices; (E) Seller shall not be liable for any work performed by its installers pursuant to the direction of purchaser. (F) If conditions are encountered at the construction site which are subsurface or otherwise concealed physical conditions or unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent construction activities, purchaser will promptly investigate such conditions and if that differ materially and cause an increase or decrease in the seller’s cost of and/or time required for performance of any part of the work hereunder purchaser will negotiate with the seller an equitable adjustment in the contract amount. 12. Cancellation: The purchaser may give notice of cancellation to the commercial telephone seller in writing within 3 business days after receipt of the confirmation. If the commercial telephone seller has not provided an address for receipt of such notice, cancellation is effective by mailing the notice to the department.
- Delays by purchaser: If the purchaser puts a hold on production due to whatever reason, prices are subject to change by the manufacturer. The purchaser will be responsible if there is a price increase. Seller will only be able to guarantee price for 15 days.
This contract must be signed, and a deposit must be made before any work is initiated.
Unfortunately, we can’t offer you a refund or exchange once the product has been delivered.
To be eligible for a refund, your item must be damaged from the manufacturer and in the same condition that you received it. It must also be in the original packaging.
Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.
If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days.
LATE OR MISSING REFUNDS
If you haven’t received a refund yet, first check your bank account again.
Then contact your credit card company, it may take some time before your refund is officially posted.
Next contact your bank. There is often some processing time before a refund is posted.
If you’ve done all of this and you still have not received your refund yet, please contact us at firstname.lastname@example.org.
Only regular priced items may be refunded, unfortunately sale items cannot be refunded.
We only replace items if they are defective or damaged. If you need to exchange it for the same item, send us an email at email@example.com
American Aluminum Fabricators Corp. only offers Local Delivery. As for the moment, we only deliver to Miami-Dade County, Broward Country, Palm Beach County and Monroe County. If an order is placed outside the counties mentioned before, the order will be subject to fuel costs and delivery fees.
Delivery costs are non-refundable. If you receive a refund, the cost of Delivery will be deducted from your refund.
HOME IMPROVEMENT CONTRACT
CONTRACT NO. _______________________
CUSTOMER ID. _______________________
THIS AGREEMENT IS BETWEEN
City, State & Zip Code
AMERICAN ALUMINUM FABRICATORS CORPORATION
7281 NW 77 AVE Medley, FL 33166
phone: 786.542.1650 fax: 786.542.1841
Description of the Project, significant materials to be used & equipment to be installed:
Substantial commencement of work under this contract is described as: ______________________________________________________________________________________________________________________________________________________________________________________________
Approximate Starting Date: __________________ Approximate Completion Date: ________________
Contract Price: $ ________________________ Down Payment (80% required): $ ____________________
IT IS AGAINST THE LAW FOR A CONTRACTOR TO COLLECT PAYMENT FOR WORK NOT YET COMPLETED, OR FOR MATERIALS NOT YET DELIVERED. HOWEVER, A CONTRACTOR MAY REQUIRE DOWN PAYMENT.
You are entitled to a filled in copy of this agreement, terms and conditions and refund policy signed by both you and the contractor company, before any work may be started.
Acceptance – I hereby confirm that I have received a copy of this work order and that this order is hereby made part of the original contract upon authorization to proceed with work. By signing this contract I’m agreeing to American Aluminum Fabricators Corp.’s terms and conditions as stated in the Terms and Condition 8-page document as well as the refund policy.
NOTICE TO OWNER: Do not leave this home improvement contract in blank. You are entitled to a copy of the home improvement contract and the terms and conditions at the time you sing. Keep it for your records. This home improvement contract may contain a mortgage or otherwise create a lien on your property that could be foreclosed on if you do not pay. Be sure you understand all provisions of the contract before you sign.
American Aluminum Fabricators Corp. Date
Customers Signature Date