TERMS AND CONDITIONS

Windoor Retro Installations LLC

License # CBC1267537

Qualifier: Joseph B. Underwood II

These Terms and Conditions (“Agreement”) and invoice/line item list are incorporated into and fully represent a written Contract (“Contract”) entered into between the above-named property owner(s) (“Owner”) and Windoor Retro Installations LLC (“Contractor”) for the property located at the address identified above. This Agreement and the Contract shall be governed by and construed in accordance with the laws of the State of Florida.

1. Scope of Work

Contractor shall furnish only the labor, materials, and services expressly described in this Contract and any approved Change Orders. All work shall be performed in a good and workmanlike manner, consistent with generally accepted construction standards and practices in the industry.

Upon ordering windows and/or doors, Contractor shall provide the Owner with written notice confirming:

• Supplier acknowledgment of the order.
• An estimated date of arrival for the products, as provided by the manufacturer or supplier.

All dates provided are estimates only and are subject to manufacturing schedules, shipping delays, material availability, and supply-chain conditions beyond the Contractor’s control.

No substitutions, design changes, material changes, or modifications to the scope of work shall be made without the Owner’s prior written approval.

2. Permits & Commencement of Work

Unless otherwise agreed to in writing:

• Contractor shall obtain all required building permits.
• Contractor shall provide the Owner with a copy of the issued permit prior to commencing any work.
• No work shall begin until the permit is issued and provided to the Owner.

If the Owner elects to obtain the permit themselves, such election must be made in writing. The Contract price shall not be adjusted.

3. Insurance

Contractor shall maintain, for the duration of services:

• General Liability Insurance
• Workers’ Compensation Insurance (or lawful exemption if applicable)
• Builder’s Risk Insurance where required

All insurance shall comply with applicable State of Florida requirements.

Proof of insurance shall be provided to the Owner upon request.

A. Insurance Claims Procedure

If damage occurs that may give rise to an insurance claim due to Contractor negligence or accidental workmanship damage:

1. Owner shall notify Contractor first.
2. Contractor shall be given a reasonable opportunity to repair or financially resolve the issue.

Insurance claims shall only be submitted if resolution cannot be reasonably achieved.

4. Access to Property

Owner shall provide safe, clear, and unobstructed access to all work areas. Delays caused by lack of access may result in scheduling changes or additional costs.

5. Furniture, Flooring & Property Protection

Owner is solely responsible for:

• Moving all furniture a minimum of three (3) feet away from all work areas.
• Protecting all furniture, décor, electronics, flooring, blinds, plants, and personal property prior to installation.

The Contractor shall not be responsible for damage to any items that are not properly moved or protected by the Owner prior to the commencement of work.

Any movement of furniture, fixtures, décor, or personal property by the Contractor shall occur only at the Owner’s express request and, if agreed to by the Contractor, shall be performed solely as a courtesy and not as part of the Contractor’s scope of work. The Contractor assumes no responsibility for damage resulting from such courtesy assistance.

Notwithstanding the foregoing, any damage caused directly by the Contractor’s equipment, tools, workmanship, or negligent acts or omissions shall remain the responsibility of the Contractor.

6. Hidden or Unforeseen Conditions

Hidden or unforeseen conditions may include, but are not limited to: structural rot, termite damage, mold, water intrusion, faulty framing, concealed defects, or prior unpermitted work.

Upon discovery, Contractor shall:

1. Notify the Owner
2. Document the condition
3. Provide a written Change Order if corrective work is required
4. Recommend qualified third-party professionals when appropriate

Work shall not proceed in affected areas without Owner approval.

7. Homeowner’s Association (HOA)

Contractor shall provide reasonable documentation required for HOA approval and may assist the Owner with applications or submissions at the Owner’s request.

• No work shall commence until HOA approval is obtained.
• Contractor and Owner may decline to proceed until approval is granted.

A. HOA Window Restrictions

Homeowner associations may not prohibit like-for-like, size-for-size window replacements in white. All other colors require HOA approval prior to ordering materials.

8. Scheduling & Delays

All schedules, lead times, and completion dates are estimates. Contractor is not responsible for delays caused by manufacturers, permitting authorities, inspections, shipping carriers, weather, or supply-chain disruptions.

9. Payment Terms & Limited Withholding Rights

Payments shall be made in accordance with the Contract schedule. The remaining payment will be due after completion of installation. Once final payment is received, then the final inspection will be scheduled.

Owner may withhold only the reasonable value of incomplete or defective work, not full payment, and only when such withholding is directly related to obvious and discovered manufacturer defects that result in a documented punch list of items requiring correction or replacement.

Punch list items may include, but are not limited to:

• Scratched glass
• Missing or incorrect screens
• Misbuilt sashes
• Manufacturer hardware defects
• Manufacturer-approved replacement parts

Punch list items do not justify withholding payment unrelated to the affected portion of work.

10. Lifetime Workmanship Warranty

Contractor provides a lifetime workmanship warranty on the

installation of all windows and doors. This warranty is in addition to, and

separate from, any manufacturer product warranties, which will be provided to

the Homeowner in writing for review and record-keeping.

A. Scope of Coverage

• This workmanship warranty ensures that the installation was completed to the highest professional standard and covers:
• Proper fit, fastening, and alignment of installed windows and doors.
• Effective sealing of frames and joints to prevent water or air infiltration, provided the installation complies with Florida Building Code and the manufacturer’s approved methods.
• Correct and secure operation of all moving parts, including smooth sash movement and functional locking mechanisms at the time of project completion.
• Protection against installation-related defects such as frame separation, improper shimming, or failure to adequately support the product.

B.     Exclusions and Limitations

This warranty is limited to workmanship and does not cover:

• Damage caused by acts of God (e.g., hurricanes, tornadoes, flooding), accidents, misuse, or unauthorized modifications.
• Issues stemming from manufacturer defects, product failures, or natural wear and tear that occur over time. These are covered under the manufacturer’s separate product warranty.
• Problems caused by a lack of routine maintenance, failure to follow care instructions, or repairs and alterations performed without the Contractor’s written consent.

11. Manufacturer Warranty

Contractor shall provide the applicable manufacturer’s product warranty to the Owner prior to initiating any work or ordering materials, when available from the manufacturer.

Manufacturer warranty issues may arise before, during, or after installation and are distinct from workmanship obligations.

12. Debris Removal & Cleanup

Contractor shall:

• Remove and dispose of all old windows, doors, and job-related debris.
• Return affected areas to their original pre-work condition, including sweeping or vacuuming as necessary.

13. Alarm Systems & Electronics

Owner is solely responsible for the removal and reinstallation of all alarm sensors, cameras, wiring, blinds, shutters, window tint, and any smart or connected devices. The Contractor does not reconnect, reprogram, or assume responsibility for any security, monitoring, or smart systems.

At the Owner’s express request, and only if agreed to by the Contractor, the Contractor may assist with the temporary removal or handling of such items solely as a courtesy and not as part of the Contractor’s scope of work. The Contractor assumes no responsibility for damage, malfunction, or loss arising from such courtesy assistance.

14. Change Orders

No substitutions, design changes, material changes, or scope modifications shall occur without express written approval from the Owner.

Acceptable written approval includes signed change orders, emails, text messages, or written correspondence.

15. Default, Notice to Cure & Prevailing Party Fees

Prior to any default being deemed to have occurred, both Contractor and Owner shall provide written notice and a reasonable opportunity to cure.

If a dispute results in legal action, the prevailing party shall be entitled to recover reasonable attorney’s fees, court costs, and allowable expenses, in accordance with State of Florida guidelines.

16. RIGHT OF CANCELLATION (THREE-DAY RIGHT OF RESCISSION)

Owner has the right to cancel this Contract within three (3) business days after the date of signing.

• Business days are defined as Monday through Saturday, excluding Sundays and legal holidays
• Cancellation must be provided in writing within the rescission period

Written notice of cancellation may be delivered by any of the following methods:

• Letter sent by mail
• Email
• Text message

A. Cancellation Within Three-Day Rescission Period

If the Contract is canceled within the three-day rescission period:

• Any deposit or payment made shall be fully refunded
• Refunds shall be issued within three (3) to five (5) business days
• Refunds shall be made by check mailed to the Owner

B. Cancellation After Three-Day Rescission Period

If the Owner cancels the Contract after the three-day rescission period has expired, the Contractor shall be entitled to deduct from the original deposit any incurred expenses that cannot be refunded, reversed, or retracted. If there are expenses incurred beyond the original deposit, the Contractor may invoice for those items accordingly.

Such expenses may include, but are not limited to:

• Initial deposits on ordered or special-order materials
• Manufacturer or supplier charges
• Permitting fees and related administrative costs
• Engineering, drawings, or professional services
• Documentation, processing, and filing fees

Any remaining balance of the deposit, after deducting unrecoverable expenses, shall be refunded to the Owner.

The Contractor shall provide the Owner with detailed receipts or documentation supporting all deducted expenses for justification and transparency.

17. NOTICE TO OWNER

YOUR FAILURE TO PAY A CONTRACTOR, SUBCONTRACTOR, OR SUPPLIER MAY RESULT IN A LIEN AGAINST YOUR PROPERTY.

Florida law requires the following notice:

Anyone who furnishes labor, services, or materials for the improvement of your property and is not paid in full may have a right to enforce a claim for payment against your property. This may include persons who contract directly with you or who have contracted with your contractor or subcontractors.

18. NOTICE OF LIEN RIGHTS

Under the Florida Construction Lien Law, a person who furnishes labor or materials and is not paid may record a Claim of Lien against your property and may foreclose the lien, which could result in the loss of your property.

19. STATE OF FLORIDA CONSTRUCTION RECOVERY FUND

Payment to a contractor does not guarantee completion or proper performance.

If you are financially harmed by a licensed contractor, you may be eligible to seek reimbursement from the Florida Construction Recovery Fund, subject to statutory requirements and limitations.

To determine eligibility or receive assistance filing a claim, contact:

Florida Department of Business and Professional Regulation (DBPR)

Construction Recovery Fund

(850) 487-1395

Claims must be filed within the time limits prescribed by law and generally require a final judgment.

FINAL ACKNOWLEDGMENT

By signing the Contract, both parties acknowledge that they have read, understood, and agreed to these Terms and Conditions.

Any action, omission, default, or negligence not in accordance with this Agreement shall constitute a breach of contract, and both parties retain the right to pursue lawful remedies in a responsible manner.