This AGREEMENT (this “Agreement” sets forth the terms and conditions of construction pursuant to which PERGOLA PLUS CORP, a Florida corporation, will erect a structure with the specifications set forth in the APPROVED PROPOSAL (the “Project”) for you (“you” or the “Customer”). You should review and familiarize yourself with this document before signing. If you deem it necessary, you should have an attorney review and explain this Agreement to you. These terms and conditions are not negotiable.
Pursuant to Florida Statute §501.025 Home solicitation sale; Customer’s right to cancel.— In addition to any other right to revoke an offer, the Customer has the right to cancel a home solicitation sale until midnight of the third business day after the day on which the Customer signs an agreement or offer to purchase. Cancellation is evidenced by the Customer giving written notice of cancellation in person, by fax, or by mail to the seller at the address stated in the agreement or offer to purchase. The written notice of cancellation given by mail shall be effective upon postmarking. The notice of cancellation need not take a particular form and is sufficient if it indicates by any form of written expression the intention of the Customer not to be bound by the home solicitation sale. Notice of Customer’s right to cancel must appear on every note or other evidence of indebtedness given pursuant to any home solicitation sale. For the purposes of this section, unless a mortgage also creates the Customer’s promise to pay the secured debt, it is not evidence of indebtedness.
2) INITIAL DOCUMENTS
What's on the contract is what we build: Nobody likes secrets! So please be sure that all the tasks discussed and planned are noted specifically in writing, on the contract. Keep in mind, if it is not on the contract it is not included in the price of the project...so please double check.
Sketches, Plans & Engineering Drawings shall be prepared following the signing of this Agreement and shall be presented to the Customer for review. If any changes are necessary, the Customer is responsible for notifying PERGOLA PLUS FLORIDA (hereinafter also referred to as PERGOLA PLUS) before plans are submitted to the city or starts construction. Any modifications by the customer’s request after the documents have been approved will have additional costs.
Engineer drawings and permit processing fees are not refundable if the permit is not approved by the city or the Customer decides to not proceed or cancel the project.
The Customer is responsible for providing an updated Survey no more than 12 months old to submit to the city, as required by the City Building Department. In some cases we can provide surveys not older than 2 years with a signed Affidavit which will be provided to you from the City.
Community Association: If your project requires engineering drawings & permits and/or community association approval City fees and Association fees are to be paid by the customer (Application fee, Building Permit fee, etc.) PERGOLA PLUS FLORIDA will provide you with the required documents for the Association. It is your responsibility to submit information to PERGOLA PLUS FLORIDA with a letter of approval from your Association prior to applying for any building permit. Customers must provide Association information to PERGOLA PLUS CORP
HOA - ASSOCIATION NAME:____________________________________
ADDRESS: __________________________________________________
PHONE:__________________
Missing Documents Clients are responsible for providing PERGOLA PLUS FLORIDA all documents listed below. If any document(s) are not provided during the initial visit by the representative, the missing document(s) must be mailed to:
PERGOLA PLUS FLORIDA
980 N. Federal Hwy,
Suite 110 PMB 1051
Boca Raton FL 33342.
following documents are required by the City for Permitting:
3) CONSTRUCTION
CITY/COUNTY building department and you: Working with the building department can be aggravating. Your permit may not be approved on the first application. This is the nature of construction in Florida. We will do our best to provide what each city/county requires but cannot control their schedule or time frames. Cities also change their inspections rules and regulations without letting the contractors know in advance, so it’s important that you understand that we will do our best to pass every inspection by code, based on the city's requirements, but can’t ensure passing of every inspection.
You Can't See Through walls and Neither can we: Your home has likely been around for a couple of years. This means that there may be hidden rot, water damage, termite damage, incorrect construction, or other things that we would be required to correct in order to pass the city final inspection. If this happens, we will let you know how much it will cost before beginning any work.
We Are Working on your house, and you are living on our jobsite: Construction is messy, we do our best to clean up daily but please understand that material, tools, debris, can be found on the jobsite. We also ask that you keep children and pets away from any work areas until we finish. The construction process can be stressful and we have been doing this long enough to know that aggravations will occur. This is often due to a failure in communication. We will try to keep you updated on your project, but ask you to understand that sometimes there is nothing to update you about. When waiting for materials, there may be weeks without any news or updates. Feel free to contact the project manager, if you need more information about your job. Should you at any point feel like something needs to be looked at, talked over, rectified, or better explained, do not hesitate to contact us.
Delivery & Start date are approximate and are not guaranteed for a particular date or time. PERGOLA PLUS FLORIDA shall not be liable for delay in the shipment, or for failure to manufacture, due to causes beyond PERGOLA PLUS’s control. Reasonable control including & without limitation to delays in permitting, receipt of or unavailability of materials, strikes, accidents, weather, acts of purchaser, government action, embargoes, priorities and allocations. The date of delivery shall be extended for such time as may be reasonably necessary to enable PERGOLA PLUS to deliver
Customer’s Covenant of Noninterference. Customer shall not direct workers on the site, exclude them from the site, demand work from them, remove the permit from the location chosen by the contractor for outdoor posting of the permit, remove the inspector's notes from the permit location, or interfere in any way with the contractor's work. Customer warrants that Customer is the sole record title holder of the property upon which work is to be done and is authorized by any other co-Owner of the property to enter into this Agreement and to subject the property to the lien rights of the Contractor.
The Customer is required to provide access and space for the material at the property and location of installation. Any modifications that need to be made to enter the premises to install the job is the responsibility of the Customer. PERGOLA PLUS FLORIDA is not responsible for any additional finishes that the city or county may require like Landscaping, Grass installation, Plumbing, Electrical Connections, Sprinklers, House Roof Repairs (including fascia), Stucco repair and Paint, Pressure Cleaning & Sealing of Pavers or Concrete, Tile floors, House Gutters or other work around the construction area. If you would like any of these services included in your project, PLEASE MAKE SURE YOU CONTRACT, FOR THESE ITEMS THAT MUST BE SPECIFICALLY PRICED AND AGREED TO, separate from your contract. PERGOLA PLUS CORP shall not be responsible for any damage to trees (or removal of such) and surrounding landscaping. Should any tree roots, rocks or debris impede the construction area, same will need to be removed at the client’s expense.
It is the Customer’s responsibility to advise PERGOLA PLUS of the existence and location of all underground structures such as sewers, water lines, gas lines utilities, etc., that may be encountered throughout the process of our construction. In the event that the identity or location of any underground structure varies from those specified herein, any extra cost incurred for the protection or covering the same shall be borne by the Customer.
The removal and resetting of the paver deck may result in broken pavers. Replacement of broken pavers will be with new pavers at the Customer’s sole cost and expense. The new replacement pavers may not match the original pavers in shape or color and may result in variations in the deck.
PERGOLA PLUS assumes NO responsibility for any unusual soil conditions encountered that are not specifically referred to in our proposal. Also, NO responsibility for excavation, removal or disposal of any contaminated soils encountered during the process of our construction. Any incurred expenses suffered by PERGOLA PLUS under these circumstances will have to be paid by you.
4) PAYMENT TERMS
Deposit: 35% Due upon signing of proposal
Permit Approval Payment: 35% Due upon approval of your permit
Work in Progress Payment: 20% Due on the day we start installation.
Final Payment: 10% Due prior to the final inspection.
Customer may not hold final payment for leaks or repairs. PERGOLA PLUS FLORIDA will send the repair team as soon as they become available and weather permits.
Payment Terms: Failure to comply with our payment terms is subject to placing your job on hold and will cause further delays. There will be a 1.5% per month interest charge on all outstanding balances.
Materials price increase Material prices increase regularly due to different market factors. We buy your materials as soon as we sign a contract, locking the price. If your estimate wasn’t approved or deposit paid and materials had an increase, we will contact you and give you the new quote. Refunds: PERGOLA PLUS FLORIDA will not RETURN/REFUND any materials that have left the supplier’s facility. Engineering Drawings, Permit fees, Permit Processing fees and Admin fees are non refundable.
In the event the Buyer wrongfully terminates this Agreement, PERGOLA PLUS FLORIDA shall also be entitled to recover the value of any specially fabricated materials, and any additional expenses incurred up to the date of termination. PERGOLA PLUS FLORIDA shall deduct all or any portion of the foregoing amount from any deposit already paid by Customer. You have reviewed and agreed to the payment’s terms signed and detailed on the contract. Failure to comply with our payment terms is subject to placing your job on hold and will cause further delays.
Change Order Change orders must be paid as soon as they are created. Any extra work or expense, which is requested, or which is required due to the condition of the building or Building Code changes or changes in the interpretations of the Building Code by the permitting authority, and which is within the licensure of PERGOLA PLUS CORP, shall be performed only after changed order is approved by Customer in writing and paid in full. A Change Order may increase or decrease the price, provide for more or less time to complete the work, suspend the work until other work is done, provide for materials or labor, and other clauses. It is agreed that the market for aluminum screening, glass, and related products to be used in the work is volatile, and that prices for such materials may rise significantly during the term of this Agreement. In such an event, PERGOLA PLUS FLORIDAshall submit one or more Change Orders for the extra cost(s) occasioned by any such increase(s) in price, and the parties shall sign one or more Change Orders, therefore, and you shall immediately fund the Change Orders. In the event you request revisions to the plans, a fee that shall be paid to the Contractor prior to the revisions being made to the plans as a change order. Customer shall not furnish any materials or perform any labor which is assigned to PERGOLA PLUS FLORIDAherein, nor shall you engage any other contractor to do the foregoing, and it is
understood PERGOLA PLUS FLORIDAis the sole contractor who shall perform the Work assigned to PERGOLA PLUS FLORIDAin this Agreement.
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 YOUR A “NOTICE TO Customer.” FLORIDA’S CONSTRUCTION LIEN LAW IS COMPLEX, AND IT IS RECOMMENDED THAT YOU CONSULT AN ATTORNEY.
5. REPAIRS AND OTHER SCOPE OF WORK
Chapter 558, Florida Statutes contains important requirements you must follow before you may bring any legal action for an alleged construction defect that may exist regarding your property “ANY CLAIMS FOR CONSTRUCTION DEFECTS ARE SUBJECT TO THE NOTICE AND CURE
PROVISIONS OF CHAPTER 558, FLORIDA STATUTES.” There are strict deadlines and procedures under this Florida law which must be met and followed to protect your interests. Seller is not responsible for any repair bills unless an estimate for said repairs is approved in writing by an authorized company officer from PERGOLA PLUS CORP. It is expressly understood that all terms, modifications, agreements and conditions related to this contract and ONLY those expressed in writing herein, and that there are NO oral representations, undertakings, terms, agreements of any kind.
Gutters or rain diverters are not covered under warranty and sellers shall not be responsible for any damage including, but not limited to water damage, wood rot, roof damage, flooring damage, leaks, overflowing, clogging, etc.
Electrical Connection Installation is NOT part of the scope of work. Work should be performed by your electrician after the job is completed and paid in full.
Any modifications done to the project after PERGOLA PLUS FLORIDAhas finalized such will null and void any warranties offered.
Warranties and Limitations PERGOLA PLUS grants to Customer a one (1) year express warranty that the workmanship of PERGOLA PLUS FLORIDA shall conform to the Florida Building Code. In the event of a claim of defective workmanship, the notice of the warranty claim must be submitted in writing, must describe the claim in sufficient detail to determine the nature of the problem, must be signed by the Customer, and must be delivered to PERGOLA PLUS FLORIDA all in accordance with Chapter 558, Florida Statutes. Should fire, casualty, vandalism, storms, or other event not due to actions or omissions of PERGOLA PLUS FLORIDA, result in whole or partial destruction of the building during the work, Customer shall look solely to its home Customers or Builders Risk insurance for recourse for any damage, and PERGOLA PLUS FLORIDA shall not be liable therefor. The Buyer/Customer guarantees that the building and any existing slab and concrete work upon which work is to be done, is structurally sound, and suitable for the intended work. In the event any foundation is required to be poured, Customer shall engage a licensed concrete placing contractor to perform this work at the Customer's sole expense. If excavation is required to form, place or replace any concrete slab, then Contractor may require Customer to take steps to relocate any water, sprinkler, sewer, electric, cable, gas line, or other underground utility from the location of the slab, prior to the excavation and placement of the slab. In the event that work outside the licensure of PERGOLA PLUS FLORIDA shall be required, in the sole opinion of PERGOLA PLUS CORP, in order for PERGOLA PLUS FLORIDA to perform, continue or complete its work, then Customer shall engage a suitable licensed contractor topper form such work, and any such work shall be coordinated with PERGOLA PLUS CORP, and Customer shall sign a Change Order with PERGOLA PLUS FLORIDA extending the time for completion of the PERGOLA PLUS FLORIDA's work and providing for any additional work by PERGOLA PLUS FLORIDAmade necessary thereby. Any approval of the work which is required from any homeCustomers' or condominium association shall be obtained by you in writing and furnished to PERGOLA PLUS FLORIDA prior to application for the Building Permit. PERGOLA PLUS FLORIDA is not responsible for washing glass or painting. Due to conditions beyond our control, concrete will not be changed or modified once it hardens. PERGOLA PLUS FLORIDA cannot guarantee cracks on corners of hairline settlement cracks on concrete slab. I agree to accept it as is. PERGOLA PLUS FLORIDA cannot guarantee concrete from stress and settlement cracks. Hairline cracks may appear on some concrete floors or walkways. The price quoted on the contract is for 4" thick concrete Strip footer, meshed concrete slabs or with 2 x 2 x 2-footer only. PERGOLA PLUS FLORIDA is not responsible for rerouting sprinklers. PERGOLA PLUS FLORIDA will cap if specified on contract. PERGOLA PLUS FLORIDA is not responsible for locating sprinkler lines for broken or punctured sprinklers.
6. LIMITATIONS OF LIABILITY
PERGOLA PLUS FLORIDA shall erect a structure which complies with the Florida Building Code. However, PERGOLA PLUS FLORIDA does not guarantee that the structure against any damage to the structure arising from storm, hurricane, tornado, or other meteorological event. It is possible that a meteorological event may occur which may damage or destroy the structure. PERGOLA PLUS FLORIDA does not warrant the structure against such an event. Under no circumstances shall PERGOLA PLUS FLORIDA be liable to you under this Agreement for any consequential damages, and PERGOLA PLUS FLORIDA’s liability shall instead be limited to the cost of repairing any defects it caused in its work and for which it is liable under this Agreement.
PERGOLA PLUS FLORIDA does not accept liability beyond the remedies provided for this limited warranty for not CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LIABILITY FOR THIRD-PARTY CLAIMS AGAINST YOU FOR DAMAGES. IN ANY EVENT
PERGOLA PLUS FLORIDA WILL BE NO MORE THAN THE AMOUNT YOU PAID FOR THE PROJECT THAT IS SUBJECT OF A CLAIM. THIS IS THE MAXIMUM AMOUNT FOR WHICH PERGOLA PLUS FLORIDA IS RESPONSIBLE
To the extent that any manufactured products are included in your Project, PERGOLA PLUS FLORIDA assigns to you any manufacturer’s warranties pertaining to such products.
EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, NEITHER PERGOLA PLUS FLORIDA, NOR ANY DIRECT OR INDIRECT OFFICER, DIRECTOR, PARTNER, MEMBER, SHAREHOLDER, EMPLOYEE, AGENT, REPRESENTATIVE, ACCOUNTANT, ADVISOR, ATTORNEY, PRINCIPAL, AFFILIATE, CONSULTANT, CONTRACTOR, SUCCESSOR, OR ASSIGN OF ANY OF THE FOREGOING PARTIES HAS MADE OR SHALL BE DEEMED TO HAVE MADE ANY ORAL OR WRITTEN REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE (INCLUDING WITHOUT LIMITATION WARRANTIES OF HABITABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE), WITH RESPECT TO THE PROJECT, THE PERMITTED USE OF THE PROJECT OR THE ZONING AND OTHER LAWS, REGULATIONS AND RULES APPLICABLE THERETO OR THE COMPLIANCE BY THE PROJECT THEREWITH.
PURSUANT TO SECTION 558.0035, FLORIDA STATUTES, NO INDIVIDUAL EMPLOYEE OR AGENT OF PERGOLA PLUS FLORIDA LLC MAY BE HELD INDIVIDUALLY LIABLE FOR NEGLIGENCE FOR ANY SERVICES PROVIDED TO CLIENT UNDER THIS AGREEMENT.
Waiver of Jury Trial The parties hereto waive trial by jury in action, proceeding or counterclaim brought by either of the parties hereto against the other on any matter whatsoever arising out of or in any way connected with this Agreement, and/or any injury or damage, or for the enforcement of any remedy under any law, statute, ordinance or otherwise.
Entire Agreement This instrument along with any exhibits and attachment or other documents attached hereto constitutes the entire and exclusive agreement between the parties. This instrument and said exhibits and attachments and other documents may be altered, amended, modified or revoked only by an instrument in writing signed by both parties which is expressly designated by the parties to be an amendment to this Agreement. The parties agree that all prior or contemporaneous oral and written understandings, agreement or negotiations relative to this project merge into this agreement and are no further force or effect.
7. ADDITIONAL TERMS
Time of Essence: Time is of the essence of this Agreement and each provision hereto in which time of performance is established.
Delayed Of Project by Customer. If by any circumstance, you postpone, delay, etc the job after the permit is approved, PERGOLA PLUS FLORIDA will reprice the job with the necessary increase of materials to reflect the pricing at the time of construction.
Governing Law: This Agreement shall be governed by, interpreted and construed in accordance with the laws of the State of Florida, with exclusive venue in Broward County, Florida. The parties submit to the exclusive jurisdiction of the courts of the State of Florida located in Broward County, Florida, and waive any objection to the commencement of proceedings in such courts.
Attorney’s Fees: In the event of any litigation between the parties arising in connection with this Agreement and the construction activities to be performed hereunder, each party shall bear its own costs and fees and shall not seek an award of attorney’s fees against the other party.
Interpretation: The fact that this Agreement was prepared by PERGOLA PLUS FLORIDA shall have no import or significance to the construction of this Agreement. Any uncertainty or ambiguity in this Agreement shall not be construed against PERGOLA PLUS FLORIDA. Any rule of construction that requires any ambiguities to be interpreted against the drafter shall not be employed in the interpretation of: (i) this Agreement; (ii) any exhibits to this Agreement; or (iii) any document drafted or delivered in connection with the transactions contemplated by this Agreement.
Self-Managing Permitting Agreement: If Client has chosen to permit the project outside of PERGOLA PLUS FLORIDA contracted scope of work, Client is responsible for self-managing project, including the PERGOLA PLUS FLORIDA scope of work. PERGOLA PLUS FLORIDA has been hired to provide labor and materials for a portion of work only. Customer agrees to release PERGOLA PLUS FLORIDA, its partners, affiliates, employees and subcontractors from any liability, actions, claims, or disputes, which may arise in relation to project. Customer accepts full responsibility for the permitting, inspection, paperwork and management of the project, now and forever.
Force Majeure: Neither party shall be liable for any failure to comply or delay in complying with its obligations hereunder (other than the obligation to pay sums of money) if such failure or delay is due to Force Majeure Events. Any delay experienced by PERGOLA PLUS FLORIDA regarding its performance of this Agreement, that is outside of the control of PERGOLA PLUS FLORIDA shall be the exclusive responsibility of the Customer. Any such delays entitle PERGOLA PLUS FLORIDA to impose against Customer additional fees and/or charges related thereto.
References in the agreement to “you, your, Customer, customer, Customer”, in the singular or plural, shall refer to the person or persons retaining the services of PERGOLA PLUS FLORIDA pursuant to the underlying agreement. The understanding of the above terms & conditions following the signature are incorporated herein & make a part hereof.
By Clicking “ACCEPT TERMS” the customer agrees to the services and conditions outlined in this document.
SIGNATURE:
Approved by:
Signature:
Date:
Customer Acknowledgement signature:
Date:
(Client Initials)
PERGOLA PLUS CORP. -
License & Insured CGC1506233
Customer Project Tracking / Communication / Payments
