AWNING BROKERS INC. – CONTRACT TERMS

Important Note: This agreement is intended for both commercial and residential customers in Florida. For residential customers, additional or different rules may apply under Florida law. If any provision of this agreement conflicts with applicable law, that law will control to the extent of the conflict.

1. SCOPE OF WORK

Awning Brokers Inc. (“we,” “us,” or “the Company”) is a distributor of awnings and will manufacture and/or supply awning products (the “Goods”) and provide associated services (“Services”) as detailed in your invoice, proposal, or statement of work (collectively, the “Contract Documents”). Any additional services or materials beyond the stated scope may incur extra charges.

2. PAYMENT TERMS

  1. Standard Deposit and Final Payment: Unless otherwise stated in writing, the customer (“you”) agrees to pay 50% of the total Contract price as a deposit upon signing, with the remaining 50% due at delivery of Goods.
  2. Deposit Refundability:
    • If we cancel the order for any reason, your deposit will be refunded in full.
    • If you cancel the order Awning Brokers Inc. may retain up to 15% of the contract total (or $500, whichever is greater) to cover costs, leg work, and/or restocking fees.
  3. Price Guarantee: Prices quoted are guaranteed for only 30 days, unless otherwise noted in writing.
  4. Late Payment & Interest: Any unpaid balance shall bear interest at 1.5% per month (18% APR). The parties acknowledge that 18% per year is the maximum non-usurious rate for many consumer transactions under Florida law, and that if this rate exceeds lawful limits, the amount charged will be reduced to the highest permissible rate.
  5. Returned Check Fee: If any check is returned for insufficient funds or other reasons not caused by us, a fee of up to $250 will be charged to cover bank charges and administrative expenses, to the extent permissible by Florida law.

3. DELIVERY & SCHEDULING

  1. Delays Beyond Our Control (Force Majeure): We will not be liable for delays or failures in performance due to events beyond our reasonable control (e.g., fires, strikes, lockouts, inclement weather, supplier disruptions, or other “Acts of God”). In such cases, we will promptly notify you and reschedule as soon as possible. No additional remedies (such as refunds or damages) shall be available for these delays unless required by applicable law.

4. PERMITS & SITE CONDITIONS

  1. Obtaining Permits:
    • Customer Responsibility: By default, you are responsible for obtaining any required permits or approvals for the awning installation, unless expressly stated otherwise in the Contract.
    • Optional Permit Services: If you want us to handle the permitting process, we will bill you upfront for engineering plans, courier walkthroughs, and related costs. These fees are non-refundable once we commence the process on your behalf. City fees are the responsibility of the customer.
    • When applicable, the purchaser will supply Awning Brokers Inc. with a certified survey of the property in order for us to pull permits for the awning work. If the customer does not provide the specified survey(s) within 10 days of our request, the customer agrees to pay all costs incurred by us to acquire the survey for the property.
  2. Subterraneous & Structural Conditions:
    • You must inform us in writing of any underground hazards (e.g., cables, sprinklers, plumbing, electrical wiring, gas lines) that could be affected by installation.
    • You are liable for damages to hidden structures or utilities we were not made aware of. If you request, we can help arrange a site inspection or professional “locate” service at an additional cost.

5. WARRANTIES & DISCLAIMERS

  1. Express Warranty: We warrant that all materials shall be as specified in the Contract Documents and that our work will be performed in a workmanlike manner consistent with industry standards.
  2. Exclusions:
    • Normal variations in fabric (wrinkles, pinholes, minor leakage, etc.) are not considered defects if they do not materially affect functionality.
    • We are not responsible for problems caused by preexisting or irregular site conditions. (e.g., uneven walls)
  3. LIMITATION OF LIABILITY:

    IN NO EVENT WILL AWNING BROKERS INC. BE LIABLE FOR BREACH OF WARRANTY OR ANY OTHER CLAIM IN AN AMOUNT EXCEEDING THE PURCHASE PRICE PAID.

    YOU ACKNOWLEDGE THIS LIMITATION IS REASONABLE IN LIGHT OF THE CIRCUMSTANCES AND PROPORTIONATE TO THE CONTRACT PRICE.

  4. DISCLAIMER OF IMPLIED WARRANTIES (Optional): EXCEPT AS OTHERWISE REQUIRED BY LAW, WE HEREBY DISCLAIM ANY AND ALL IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TO THE FULLEST EXTENT PERMITTED BY FLORIDA LAW.

6. REPOSSESSION & LIEN RIGHTS

  1. Retention of Title: Until full payment is made, all Goods remain the property of Awning Brokers Inc. We reserve the right to remove or repossess Goods upon default, to the extent permitted by Florida law. Permission is granted to re-enter the property to remove said Goods, subject to compliance with applicable legal requirements.
  2. Florida Construction Lien Law: You understand that Florida’s Construction Lien Law allows us to file a lien on your property if you do not make payments in accordance with this Contract, and that you may be required to provide a “Notice of Commencement” if applicable. We will provide any necessary notices under Florida law to protect our lien rights.

7. CANCELLATION & ADDITIONAL FEES

  1. Service Charge for Missed Delivery or Installation: If a confirmed delivery or installation date is canceled or made impossible by your fault (e.g., no access to the premises) without at least 24-hour notice, you may be charged a fee of up to $450 per crew to cover related costs.
  2. Purchaser’s Right to Cancel:

    Purchaser cannot alter, revoke, or cancel the Contract without the specific written consent of Awning Brokers Inc. However, if you wish to cancel and we do consent, the cancellation and associated fees or refunds will follow the terms in Section 2.2 (Deposit Refundability).

  3. Additional Work: Any materials or labor beyond the initial scope will be billed at our then-current rates.
    • Unless otherwise explicitly stated in the Contract, installation, driveway patch (Blacktop), tiles, gutters, and downspouts are not included.

8. DEFAULT & COLLECTION

  1. Default: If you fail to pay any portion of the Contract price when due, we may suspend or terminate performance and pursue any remedies available under Florida law, including lien foreclosure.
  2. Collection Costs: You agree to pay all costs of collection, including reasonable attorneys’ fees and court costs, if payment is not made in accordance with this Contract and legal action is required.
  3. Post-Delivery Risk & Insurance: Where Goods, after delivery, are destroyed by fire, theft, accident, or other causes, you (the purchaser) remain liable for any unpaid balance under this order. You agree to insure the Goods set forth in this order for our benefit (as our interests may appear) until the balance is paid in full.

9. DISPUTE RESOLUTION

  1. Negotiation: In the event of a dispute, the parties agree to attempt in good faith to resolve it through direct communication.
  2. Mediation: If direct negotiation fails, the parties agree to submit the dispute to mediation before a mutually agreed-upon mediator in the county where the project is located. Each party will bear its own costs and share mediator fees equally.
  3. Litigation/Arbitration: If mediation does not resolve the issue, either party may pursue its lawful remedies in court or, if both parties consent in writing, through binding arbitration. Any legal action shall be filed in the appropriate Florida court having jurisdiction.

10. COMPLETION & CORRECTIONS

  1. Completion: Once we deem our work complete (delivery/installation of Goods as agreed), you have 30 days to notify us in writing of any workmanship issues.

11. ENTIRE AGREEMENT & MISCELLANEOUS

  1. Entire Agreement: These terms and the Contract Documents represent the entire agreement between you and Awning Brokers Inc., superseding all prior or contemporaneous understandings, whether written or oral.
  2. Amendments: Any change or addition must be in writing and signed by both parties.
  3. No Waiver: Failure to enforce any provision shall not constitute a waiver of that provision or any other provision.
  4. Severability: If any part of this agreement is found invalid or unenforceable, the remaining provisions shall remain in effect.
  5. Governing Law: This contract is governed by the laws of the State of Florida.
  6. Acceptance: The signature of purchaser on this Contract and receipt thereof by Awning Brokers Inc., with the appropriate deposit, constitutes acceptance and conversion of any estimate into a binding contract.

Plain-Language Summary

  1. You Pay Half Now & Half at Delivery: Deposits aren’t returned if you back out after we’ve started.
  2. You Handle Permits (Unless You Hire Us): If we pull permits, we charge up-front, and those fees can’t be refunded.
  3. We Don’t Cover Hidden/Preexisting Problems: You must tell us about underground pipes, etc.
  4. If Something Goes Wrong Beyond Our Control: We’ll reschedule when we can, but we won’t owe extra compensation.
  5. We Guarantee Our Materials & Work: But if you have a problem, you must let us know quickly, and our liability is limited to what you paid us.
  6. Failure to Pay: We can charge interest and recover our costs if we have to collect. We may place a lien on your property if you don’t pay.
  7. You Can’t Cancel Without Consent: If you do cancel, you may lose up to 15% or $300, whichever is greater, unless we’ve incurred no costs.
  8. Disputes: We’ll try to talk it out; if that doesn’t work, we’ll go to mediation, then possibly court.