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leaptodigital.com 2.30.3
<br />ADDITIOAL TERMS & CODITIOS
<br />Contractor’s Responsibility: Mad City shall perform all work in a professional manner and in keeping with industry standards. Mad City is not
<br />responsible for any damage resulting from structural or other defects in the property at which the installation is carried out. Mad City shall not be
<br />responsible for remedying structural defects. Buyer acknowledges Mad City’s products do not correct or cure structural problems. Mad City is not
<br />responsible for (a) any damages arising in whole or in part from strikes, fires, accidents, floods, governmental actions, or any other causes beyond the
<br />control of Mad City; (b) any consequential damages including, without limitation, lost profits or reduction in the value of Buyer’s property, arising from
<br />Mad City’s delay in performing under this Agreement or due to its breach of this Agreement; and (c) unintentional damage to window treatments,
<br />landscaping, driveways, sidewalks, gas lines, electrical wiring, plumbing, telephone installations, collateral or incidental damage to interior walls and
<br />personal property, it being understood that Buyer is responsible at Buyer’s cost for all preparations, protection, and/or moving of such items prior to Mad
<br />City’s commencement of work. If applicable, Mad City shall not be responsible for the reinstallation or reconnection of any security or alarm system or
<br />security or alarm sensors, and any reconnection fees, surcharges, or any other associated costs are the responsibility of Buyer. The reinstallation of security
<br />alarm hardware is the responsibility of Buyer. Any interior trim installed by Mad City will be unfinished, and Mad City is not responsible for any staining
<br />or painting needed as a result of the work performed.
<br />Contractor Warranties: Any written warranties for the products installed will be provided to Buyer(s) at time of full payment. The sales representative
<br />has copies of the warranties for the products being offered for sale, which Buyer(s) may inspect at any time during the sales presentation. Mad City shall
<br />provide any manufacturer warranties upon full payment of Purchase Price. Mad City warrants its workmanship as described on the warranty to be provided
<br />to Buyer(s). Buyer(s) understands they should read Mad City’s written warranty for complete details of the warranty coverage available for complete
<br />review before Buyer(s) signs this Agreement. Buyer(s) understands that warranties will not be effective or enforced while a balance due remains
<br />outstanding on this Agreement.
<br />Buyer’s Punch List Rights: Within three (3) days following Substantial Completion of the work, Buyer(s) may request a “walk-through” inspection with
<br />Mad City to determine whether the project has been constructed in a good and workmanlike condition and in accordance with this Agreement. “Substantial
<br />Completion” is defined as the job being materially completed, functional as intended, and a final inspection having been obtained. If either Mad City or
<br />Buyer(s) determines that any items have not been completed in accordance with this Agreement or are not completed in a good and workmanlike manner,
<br />Buyer(s) and Mad City shall prepare a list (the “Punch List”) of such incomplete or deficient items (the “Punch List Items”). Buyer(s) may retain a
<br />maximum of ten percent (10%) of the balance due under this Agreement upon Substantial Completion (hereinafter referred to as “Retainage”). Once Mad
<br />City has completed work on the Punch List Items, Buyer(s) shall make immediate payment to Mad City of the Retainage. Additional work requested by
<br />Buyer(s), unless covered by Mad City’s labor warranty, will require the parties to execute a Change Order to the current Agreement.
<br />Buyer’s Representations and Responsibilities: Buyer(s) will provide reasonable access to the property and the area on which the work is to be
<br />performed, including access to electrical outlets and access to deliver and/or remove materials and debris as may be required by Mad City. Buyer(s) will be
<br />responsible for the preparation, moving, and reinstalling of electrical or telephone wiring, satellite dishes, water lines, power lines, plumbing, and moving
<br />of shrubs and plants as required for performance by Mad City under this Agreement. Buyer(s) represents to Mad City that all of the existing surfaces are
<br />suitable to receive the materials identified in the scope of work. Buyer warrants to have disclosed to Mad City all conditions about the premises that may
<br />reasonably be relevant to Mad City’s work, including but not limited to all hazards and unsafe conditions. Buyer warrants having liability insurance in force
<br />on Buyer’s property.
<br />Choice of Law, Venue, and Attorney’s Fees: This Agreement shall be governed by the laws of the State in which it is executed, and venue for all actions
<br />related to this Agreement shall rest exclusively in the County where Buyer’s property is without regard to any conflict of laws, and the parties hereto
<br />specifically consent as such. Should either party employ an attorney to institute litigation or arbitration to enforce any of the provisions hereof, to protect its
<br />interest in any matter arising out of or related to this Agreement, the prevailing party shall be entitled to recover from the other party all of its reasonable
<br />attorney’s fees and costs/expenses incurred therein, including costs/expenses incurred at mediation, administrative, appellate or bankruptcy proceedings.
<br />Late Cancellation, Late Payment/Default: If Buyer(s) attempts to cancel this Agreement at any time after midnight of the third business day after the date
<br />of the Agreement, as more fully described on the Notice of Right to Cancel form, and Mad City accepts such late cancellation, then Buyer(s) agrees to pay
<br />Mad City a cancellation fee equal to 10% of the Agreement’s purchase price, or the maximum amount permissible by law otherwise, to offset Mad City’s
<br />incurred labor, administrative, and material costs, including any restocking expenses, because Mad City is unable to accurately measure its damages for the
<br />cancellation of the Agreement. By executing this Agreement, Buyer(s) and Mad City agree that the liquidated damages amount is not a penalty. If Buyer(s)
<br />is in default of this Agreement, Buyer(s) agrees to pay Mad City its reasonable attorney’s fees and other legal expenses incurred as part of its collection
<br />efforts. Buyer(s) agrees to pay interest at the rate of 1 1/2 % per month unless otherwise required by law, on the balance of any and all unpaid amounts
<br />including, without limitation, after the entry of a final judgment on any collection matter. Payments received shall be applied first to interest on all
<br />outstanding invoices and then to the principal amount of the oldest outstanding invoices.
<br />Delay/Unknown Conditions: Mad City will not be responsible for delays that are due to events beyond its control, such as Acts of God, labor strikes, bad
<br />weather, permitting delays, or material shortages. If Mad City determines within 30 days of entering into this Agreement that the Agreement cannot be
<br />performed as intended due, for example, to incorrect pricing or unforeseen structural defects to the Buyer’s property, then Mad City may cancel this
<br />Agreement and return all monies paid by the Buyer. Mad City and the Buyer(s) have determined that a definite completion date is not of the essence to this
<br />Agreement.
<br />READ & ACCEPTED
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