Windoor Retro Professionals

Terms and Conditions

1. Scope of Work

Windoor Retro Professionals (hereinafter referred to as "Contractor") shall provide all labor and materials necessary to perform the services outlined herein on the homeowner's property (hereinafter referred to as "Homeowner"). The Contractor will execute all services under license CBC1267537 (Contractor: Joseph B. Underwood II). The work on windows and doors shall be conducted Monday through Saturday, excluding statutory holidays, unless mutually agreed otherwise. Services will only be performed under favorable weather conditions to ensure a satisfactory finished product. Although the Contractor anticipates that the work will be completed within 90 days, any delays attributable to suppliers or manufacturers shall not be deemed a breach of this contract.

2. Permits

The Contractor shall apply for and obtain any necessary permits and regulatory approvals required by local municipal or county government. The cost of these permits shall be included as part of the payment to the Contractor under this agreement. The Homeowner may elect to obtain the permits independently; in such a case, the Contractor shall provide any necessary documentation, and costs incurred shall be excluded from the Contractor's payment.

3. Insurance

The Contractor shall maintain general liability, workers' compensation, and builder's risk insurance in accordance with applicable state requirements for the duration of the services. Proof of such insurance will be provided to the Homeowner upon request.

4. Survey and Title

The Homeowner shall indicate property lines and provide boundary stakes, if necessary, through a licensed land surveyor.

5. Change Orders

Any changes to the scope of work must be documented via a written "Change Order" signed by both parties. Such Change Orders shall become part of this contract, and the Homeowner agrees to pay any increased costs resulting from such changes. If the cost of a Change Order is not determinable at the time of execution, the Contractor shall provide an estimate, and the Homeowner shall be responsible for the actual costs, irrespective of the estimated amounts.

6. Substitution of Materials

The Contractor reserves the right to substitute materials of equal or greater value without prior notice if necessary for project application. The Contractor shall endeavor to inform the Homeowner of any material substitutions and will not be liable for delays or additional costs incurred due to such substitutions, provided that all substitutions meet or exceed original specifications.

7. Access

The Homeowner shall ensure that work areas are accessible to Contractor personnel and vehicles, including designated areas for material and debris storage. The Homeowner shall keep driveways clear for vehicle movement during work hours. The Contractor will take reasonable measures to protect lawns, shrubs, and vegetation.

8. Work Product Ownership

All copyrightable works, ideas, inventions, and other intellectual property developed by the Contractor in connection with the services shall be the exclusive property of the Homeowner. The Contractor will execute necessary documents to affirm the Homeowner's ownership.

9. Confidentiality

The Contractor and its representatives will maintain strict confidentiality regarding the Homeowner's proprietary information, both during and after the term of this contract, unless otherwise agreed in writing.

10. Warranty

The Contractor will provide warranty information for materials and a separate 15-year workmanship warranty for installation. The Contractor warrants that installations will conform to industry standards. The Contractor shall not be liable for damages from extreme weather or conditions beyond their control.

11. Cancellation

If the Homeowner cancels the contract after the three-day right of rescission, they will be responsible for all costs incurred, including engineering and permitting fees. Refunds for deposits will be processed within two to four weeks, minus incurred charges.

12. Payment

Payment is due upon substantial completion of the work (at least 90%) unless otherwise agreed in writing. In the event the project is less than 90% complete, the Contractor will determine the completed percentage, and the Homeowner agrees not to withhold more than 10% of the contract amount unless agreed upon with the Contractor. Payments shall be made to Windoor Retro Professionals or Windoor Retro Pros. Interest on overdue amounts will accrue at 14.99% per annum, or the maximum allowed by law. The Homeowner shall be responsible for all collection costs, including reasonable attorney fees. Non-payment may constitute a material breach of this contract, enabling the Contractor to cancel and seek legal remedies.

13. Completion of Services

Upon completion, the Contractor shall restore the Homeowner's property to its pre-work condition and ensure the area is clean and free of debris.

14. Default

Material default occurs upon:

a. Failure to make a required payment.

b. Insolvency or bankruptcy of either party.

c. Seizure of property by creditors.

d. Failure to deliver services as outlined.

e. Cancellation of financing offered by the Contractor or the Homeowner.

15. Remedies

If a party defaults, the non-defaulting party may terminate the contract with 30 days' written notice to cure the default. Failure to cure shall result in automatic termination.

16. Force Majeure

The Contractor shall not be liable for delays caused by events beyond reasonable control, including acts of God, strikes, or other emergencies. Affected obligations shall be suspended as necessary, and both parties shall resume performance once such causes are removed.

17. Arbitration

Any disputes shall first be attempted to resolve through good-faith negotiations. If unresolved, disputes will be submitted to arbitration through Judicial Arbitration and Mediation Services (JAMS). The requesting party shall pay 80% of the total arbitration costs. Non-payment disputes are exempt from this requirement.

18. Legal Expenses

In any legal action arising from this contract, the prevailing party shall recover reasonable legal expenses, including attorney fees. The Homeowner agrees to bear costs incurred by the Contractor for enforcing this contract.

19. Severability

If any provision is found invalid or unenforceable, the remaining provisions shall remain in full force.

20. Governing Law

This contract shall be governed by the laws of the State of Florida. Any legal proceedings shall be brought in Pasco County, Florida.

21. Hold Harmless

The Homeowner agrees to indemnify and hold the Contractor harmless for damages caused during assistance with moving personal property.

22. Window Installation Disclosure

The Homeowner acknowledges the following responsibilities and considerations regarding window installation:

1. **Post-Installation Repairs**: The Homeowner is responsible for any painting, staining, or major repairs (e.g., stucco) costing over $100. They are also responsible for final sanding and addressing any unsatisfactory application of excessive caulk.

2. **Alarm Systems**: The Homeowner must disconnect alarm systems prior to installation and arrange for reconnection afterward.

3. **Removal of Window Treatments**: Homeowners should remove blinds and curtains before installation. If assistance is needed, it may incur a small fee, but the Contractor is not liable for any damage.

4. **Workspace Clearance**: The Homeowner must provide at least three feet of clearance in front of windows for installation. The Contractor does not move furniture or cut back shrubs.

5. **Clean-Up**: The Contractor will work to clean the working areas to the best of their ability. Any remaining debris or cleanup will be the Homeowner's responsibility afterward. A special cleaning agent will be used to clean some of the glazing off of the new windows, but blurry or hazy windows may still exist afterward and will become the Homeowner's responsibility to clean.

6. **Caps & Covers**: The Contractor shall instruct and show the Homeowner how to put on their caps and covers. It is the Homeowner's responsibility to install their own caps and covers. Caps and covers are not required to be installed on any windows and can be left off, as is often the case.

23. Entire Agreement

This contract represents the entire agreement between the parties and supersedes all prior agreements. The contract shall not be executable until signed by both parties. If only one signature exists, this contract shall be void.