|
Contract Labor Services
ROCKPORT MILL LLC DEFINED. The term
“Rockport Mill LLC” refers to the Limited Liability Corporation located at
920 Perry Avenue in the County of Cape Girardeau, the City of Cape
Girardeau, in the State of Missouri.
GENERAL DESCRIPTION. By this installed sales contract (the “Contract”),
Customer agrees to purchase and Rockport Mill LLC agrees to sell the goods
and/or materials (the “Goods”) and the services to install same (the
“Installation Services”) in or on the above-identified Premises, for the
stated total cash price (the “Price”) and according to the specifications
and other provisions of the Contract documents, including (a) this Contract
form, (b) the Addendum, if and to the extent applicable, (c) and any
attached sketches, materials lists, floor plans, and/or specification
sheets.
INSTALLATION SERVICES. Customer authorizes Rockport Mill LLC (a) to arrange
for the Installation Services to be performed by an experienced Installer
(licensed when legally required), (b) to issue a work order to the Installer
to perform the Installation Services, (c) to inspect the Installer’s work,
and (d) to pay the Installer after completion of the work and after receipt
of a certificate, signed and dated by Customer, that the work has been
satisfactorily completed (the “Certificate of Completion”). Customer
understands that Rockport Mill LLC will rely on the Certificate of
Completion in paying the Installer for the Installation Services.
GOODS. Rockport Mill LLC will arrange for delivery of the Goods to the
Premises. Any surplus materials upon completion of the Installation Services
shall remain the property of Rockport Mill LLC and shall be returned to
Rockport Mill LLC by the Installer.
PRICE. The Price owed by Customer to Rockport Mill LLC covers the Goods,
Installation Services, and applicable taxes. The Price assumes sound
existing substructures, superstructure and points of attachments. The Price
shall be increased by the cost and reasonable profit to Rockport Mill LLC of
having to provide additional Goods and/or Installation Services as a result
of defective substructures, superstructures, or points of attachments.
PAYMENT. Payment of the Price by Customer to Rockport Mill LLC is due for
Goods provided and any applicable deposits on Installation Services upon
execution of the Contract. Any remaining balance of the Price is due upon
receipt of the Certificate of Completion. Any addendums, change orders, or
additional Goods and/or Installation Services that are not originally stated
in the Price are due according to the specific details of their respective
addendum, change order, or Contract.
ENTIRE AGREEMENT. This Contract accurately states the entire agreement
between Customer and Rockport Mill LLC concerning this sale of Goods and
Installation Services and replaces and supersedes all prior agreements and
understandings relating thereto, both oral and written. Any additions or
changes to this Contract must be in writing signed by Customer and Rockport
Mill LLC.
MANUFACTURER WARRANTY FOR GOODS / ROCKPORT MILL LLC WARRANTY FOR
INSTALLATION SERVICES. Customer is entitled to any warranty provided by a
manufacturer of the Goods sold under this Contract. The Installer will
provide Customer with any manufacturer consumer warranty information
accompanying the Goods, and Customer may also obtain such information by
contacting Rockport Mill LLC. Rockport Mill LLC does not warrant the Goods.
Rockport Mill LLC does warrant that the Installation Services will be
performed by the Installer in a good and “workmanlike manner.” Rockport Mill
LLC’s warranty for Installation Services shall extend for a period of one
year from the date the Certificate of Completion is signed by Customer or
for such greater period as may be required by applicable law governing
consumer warranties for workmanship (the “Warranty Period”). Customer must
give Rockport Mill LLC written notice within the Warranty Period of any
warranty claim relating to the Installation Services. Customer agrees that
its sole and exclusive remedy against Rockport Mill LLC for a warranty claim
is reinstallation in a good and workmanlike manner, including the repair or
replacement of any Goods if and to the extent reasonably necessary to
correct the defective Installation Services. Customer shall have no other
remedy against Rockport Mill LLC for a warranty claim, including without
limitation remedy for loss or damage caused by normal wear and tear, loss or
damage which has not been reasonably mitigated, loss or damage caused by
acts of God, incidental or consequential damages for lost profits, sales,
injuries to persons or property, or any other incidental or consequential
damages.
Rockport Mill LLC’s warranty for Installation Services shall be in lieu of
any other warranty expressed or implied, including without limitation any
implied warranty of merchantability or fitness for a particular purpose. In
connection with any warranty claim, Customer agrees, at no cost to Rockport
Mill LLC, to prepare the Premises, including the removal and replacement of
fixtures to the repair area, so that Rockport Mill LLC, or its designee, can
correct the defective Installation Services without undue delay.
LICENCES, PERMITS, SAFETY RULES, BUILDING CODES, ZONING ORDINANCES, AND
OTHER LAWS. Rockport Mill LLC shall be responsible to Customer for obtaining
any and all licenses and building permits which are legally required to
perform the Contract. If Customer obtains permits on his own, Customer will
be precluded from claiming against certain state guaranty funds relating to
home improvements. Rockport Mill LLC shall also be responsible to Customer
for the Contract’s being performed in compliance with all applicable safety
rules and all existing building codes, zoning ordinances and other laws.
Rockport Mill LLC shall not be responsible for any pre-existing violations
of safety rules, building codes, zoning ordinances or other laws. If a
change occurs to any applicable safety rule, building code, zoning ordinance
or other law which requires additional Goods and/or Installation Services to
perform the Contract, Customer agrees to pay Rockport Mill LLC the cost and
reasonable profit for such additional Goods and Installation Services and to
execute a resulting change order or new replacement Contract as requested by
Rockport Mill LLC.
CUSTOMER’S WARRANTY AGAINST VIOLATIONS OF EASEMENTS, COVENANTS, AND THIRD
PARTY RIGHTS. Customer warrants that performance of this Contract by
Rockport Mill LLC and its Installer will not violate any existing real
property easements, covenants, or rights of third parties holding an
interest in the real property being improved.
UNDISCLOSED CONDITIONS IN PREMISES. Customer represents and warrants that
any defect or weakness in the Premises’s structure, substructure,
superstructure or points of attachments that might affect performance by
Rockport Mill LLC or its Installer has been specifically and fully disclosed
and described in this Contract. If any undisclosed defect or weakness is
later discovered after performance of the Contract has commenced and such
defect or weakness makes additional Goods and Installation Services and to
execute a resulting change order or new replacement Contract as requested by
Rockport Mill LLC.
ARBITRATION. If Customer has any questions or complaints regarding the
Contract, Customer may contact the Rockport Mill LLC President or
Salesperson whose names and telephone number appear elsewhere on the
Contract. All disputes and claims between Customer and Rockport Mill LLC
concerning this Contract which either party believes cannot be resolved
informally, including without limitation any warranty claims, shall be
resolved by binding arbitration conducted by a single arbitrator under the
auspices, rules and procedures of the American Arbitration Association and
in accordance with applicable federal and state arbitration statutes. The
arbitration shall be held in the city or county where the Premises are
located was made or in such other convenient locations as the parties may
mutually agree. No discovery shall be allowed except as may be agreed to in
writing by the parties. Either party may demand arbitration, and the
arbitrator’s final award shall be issued within ninety (90) days after
service of the arbitration demand on the other party.
REMEDY FOR BREACH. If Customer breaches this Contract, Rockport Mill LLC or
its assigns, shall be entitled to recover the greater of liquidated damages
in the amount of 20% of the total contract price or such actual damages as
Rockport Mill LLC, or its assignees, prove. Also, if Customer fails to pay
Rockport Mill LLC in accordance with this Contract, Rockport Mill LLC shall
be entitled to recover its legal costs, including reasonable attorney’s
fees, in connection with arbitrating, obtaining judgment on an arbitration
award, or otherwise pursuing Customer for collection. Customer agrees that
Rockport Mill LLC’s reasonable attorney’s fees shall constitute 15% of the
amount owed under the Contract, arbitration award or judgment.
UNAVOIDABLE DELAY OR FAILURE IN PERFORMANCE EXCUSED. Any delay or failure by
Rockport Mill LLC or its Installer in performing this Contract because of
strike, fire, flood, acts of God, inability to obtain Goods, or any other
cause beyond the reasonable control of Rockport Mill LLC or its Installer
shall be excused and shall not be breaches of this Contract.
MISCELLANEOUS. This Contract shall be interpreted under and governed by the
law of Missouri. If any provision of this Contract is contrary to any lay to
which it is subject, such unlawful provision shall be ineffective without
invalidating the other provisions which shall remain in full force and
effect.
Services Generated By Web
ROCKPORT MILL LLC. PLEASE READ THIS
SECTION IN ITS ENTIRETY AS IT CONTAINS SPECIFIC RIGHTS THAT ARE ENTITLED TO
BOTH YOU AND ROCKPORT MILL LLC. FROM THIS POINT FORWARD, THE TERM
"SERVICES" AS DESCRIBED BY ROCKPORT MIL LLC REFERS TO: ANY ACTION TAKEN BY
THE COMPANY BOTH UNDER CONTRACT FOR A FEE AND ALL FREE PROVISIONS TO YOU,
THE CONSUMER. GUARANTEES, WARRANTIES, AND CERTIFICATIONS EXPRESSED BY THIS
WEBSITE AND ROCKPORT MILL LLC ARE REDEEMABLE AND VALID ONLY IF YOU THE
CONSUMER PURCHASES THE RELATED GOODS AND SERVICES FROM ROCKPORT MILL LLC.
IF USING ANOTHER SERVICE TO PROVIDE EITHER THE GOOD OR THE LABOR OF A
SPECIFIED PROJECT, THE GUARANTEE, WARRANTY, OR CERTIFICATION MADE BY
ROCKPORT MILL LLC IS NULLIFIED.
ALL LABOR PROVIDED BY ROCKPORT MILL LLC AND ITS CONTRACTORS IS FULLY
GUARANTEED FOR ONE FULL YEAR AND IS GOVERNED BY THE TERMS AND CONDITIONS OF
THE CONTRACT. ALL ESTIMATING SERVICES, BOTH VALUATION OF PRODUCTS AND LABOR
ARE CERTIFIED ACCURATE UNTIL THE EXPIRATION OF THE QUOTATION DATE.
QUOTATION DATES VARY DUE TO THE VOLATILITY OF THE BUILDING MATERIALS MARKET
AND ARE SUBJECT TO CHANGE WITHOUT NOTICE. PRODUCTS DIRECTLY SOLD BY
ROCKPORT MILL LLC AND ITS MANUFACTURERS IS GUARANTEED IN THE SAME FASHION AS
MATERIALS TO BE PROVIDED BY ANOTHER SUPPLIER. AT SUCH TIMES AS: INCLIMATE
WEATHER, NATURAL DISASTERS, OR OTHER FORCES THAT HAVE BEEN HISTORICALLY
SHOWN TO HAVE AN INFLATIONARY IMPACT ON THE COST OF PRODUCTS RELATED TO THE
BUILDING MATERIALS INDUSTRY,
RECONFIGURATION OF THE ESTIMATE WILL BE PROVIDED. IF THE COST OF SUCH
PRODUCTS CAUSES YOU THE CONSUMER TO BE FINANCIALLY UNABLE OR UNWILLING TO
CONTINUE WITH THE REMODELING, NEW CONSTRUCTION, OR PRODUCT PURCHASE, ANY
CONTRACTUAL OBLIGATIONS HELD BY YOU THE CONSUMER THAT HAVE NOT BEEN
RENDERED, MAY BE FORFEITED OR ABANDONED.
FINALLY, ALL LABOR AND MATERIALS QUOTES PROVIDED BY ROCKPORT MILL LLC ARE
NOT GUARANTEED IF SUCH AN ESTIMATE, DESIGN, OR QUOTATION IS USED TO SECURE
THE SERVICES OF ANOTHER INSTALLER, CONTRACTOR, REMODELOR, BUILDER, OR ANY
SUCH PERSON IN A POSITION TO PROVIDE YOU WITH LABOR SERVICES (INCLUDING YOU
THE CONSUMER IF ENGAGING IN A DO IT YOURSELF PROJECT). DIFFERENT COMPANIES
USE VARYING TECHNIQUES IN THE PERFORMANCE OF LABOR SERVICES AND, AS SUCH,
ROCKPORT MILL LLC CANNOT GUARANTEE THE ACCURACY, QUALITY, OR CONSUMPTION OF
GOODS BY ANY OTHER COMPANY.
|
