The entire invoice is due upon completion of described work. Any payment not received within 10 days from the completion of work is subject to 2% interest per month for past due balance with a minimum charge of $35.00 until paid in full. If applicable, sales tax is included in the price. If Buyer’s check does not clear, Buyer will be liable for the value of the check plus the returned check plus the returned check fee of $50.00 and court costs, if applicable. Credit Card charge backs will incur a $50.00 paper work fee and interest from date of invoice. All parts remain the property of TLC until invoice is paid in full. Parts may be removed from the premises and discarded, unless otherwise specified herein, until invoice is paid in full. There will be a 4% additional fee for any credit card transaction.
Buyer agrees to pay all expenses incurred by TLC for the collection of any delinquent accounts including, but not limited to, actual attorney’s fees, filing fees and costs. This agreement is governed by and shall be construed in accordance with the State of New Jersey law. The parties irrevocably submit to the exclusive jurisdiction of the State of New Jersey, County of Cape May courts as the venue and laws governing disputes arising under this contract and any work by TLC. TLC has 1 year or 365 days to complete work from date of this contract. Collection of any part of the unpaid invoice will begin 30 days from date of invoice with a $150.00 legal consultation fee, within 90 days $125.00 filing fee of a contractors lien against the property, 180 days court filing fees of $200.00 and attorney’s fees starting at $2000.00. The Buyer agrees to pay all collection fees, reasonable attorney’s fees and court costs incurred in the event of a legal action. A monthly service charge of 2% with a minimum charge of $35.00 will be added after 10 days.
THE FORGOING WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER EXPRESS OR IMPLIED WARRANTIES (EXCEPT OF TITLE) FROM SELLER INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE, TLC SHALL NOT BE SUBJECT TO AND DISCLAIMS (1) ANY OTHER OBILIGATION OR LIABILITY ARISING OUT OF BREACH OF CONTRACT OF WARRANTY: (2) ANY OBLIGATIONS WHATSOEVER ARISING FROM TORT CLAIMS INCLUDING NEGLIGENCE AND STRICT LIABILITY OR ARISING UNDER THERORIES OF LAW WITH RESPECT TO PRODUCTS SOLD OR SERVICES RENDERED BY SELLER OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO: AND (3) ALL CONSEQUENTIAL INCIDENTAL AND CONTINGENT DAMAGES WHATSOEVER: (4) Warranty excludes stoppages, worn out equipment or fixtures, not doing recommended repairs, owner supplied equipment, air conditioner refrigerant charging and fire place cleanings. These exclusions may have a limited or nor warranty, if parts have been replaced or worked on by anyone else during warranty period the warranty may be voided. Warranty period may be changed if noted herein. All warranty issues must be allowed to be inspected and approved by TLC before any repair is made or warranty is voided. Warranty is not transferable. Not liable for damage caused by weather, valve breaks, high water pressure, normal wear, maintenance items not reviewed by home owner, or manufacture defects and wear.
The parties agree that the State of New Jersey, County of Cape May laws shall govern this contract, irrespective of any principles of rules governing conflicts of laws.
If any provision of this contract is found by a court of competent jurisdiction to be prohibited or unenforceable, it shall be ineffective only to the extent of such prohibition or unenforceability shall not invalidate the balance of such provision to the extent it is not prohibited or unenforceable, not invalidate the other provisions of the agreement.
RESTRICTION OF THE PERIOD LIMITATION OF ACTION:
Any legal action relating to this contract or breach thereof shall be commenced within one (1) year from the date of the work. Buyer shall be deemed to have accepted all delivered goods which he has not rejected within three (3) days of receipt.
RESTRICTION OF UNSEEN CIRCUMSTANCES:
TLC is not held responsible for damages that occur by concealed and/or unforeseen existing condition (s), objects or devices hidden in any area outside, in and/or around the property including but not limited to; in walls, crawlspaces, or ceilings. TLC will not be held responsible for poor craftsmanship by another other company.
Any alterations, additions, adjustments or repairs made by others, unless authorized or agreed upon by TLC. Will be cause to terminate Seller’s obligation under the contract.
EXCLUSION OF COURSE OF DEALING:
It is agreed that no prior course of dealing of usage of trade not expressly set forth in this contract shall be admissible to explain, modify or contradict this Contract in any way.
NOTICE TO CONSUMER – RIGHT OF RECISSION:
YOU MAY CANCEL THIS CONTRACT AT ANY TIME BEFORE MIDNIGHT OF THE THIRD BUSINESS DAY AFTER RECEIVING A COPY OF THIS CONTRACT. IF YOU WISH TO CANCEL THIS CONTRACT, YOU MUST EITHER:
1. SEND A SIGNED AND DATED WRITTEN NOTICE OF CANCELLATION BY REGISTERED OR CERTIFIED MAIL, RETURN RECEIPT REQUESTED; OR
2. PERSONALLY DELIVER A SIGNED AND DATED WRITTEN NOTICE OF CANCELLATION TO:
T.L.C. MECHANICAL, LLC.
150 WOODBINE OCEAN VIEW RD, OCEAN VIEW, NJ 08230
MP LICENSE# 36BI01259600
HVACR # 13VH00288200
IF YOU CANCEL THIS CONTRACT WITHIN THE THREE-DAY PERIOD, YOU ARE ENTITLED TO A FULL REFUND OF YOUR MONEY. REFUNDS MUST BE MADE WITHIN 30 DAYS OF THE CONTRACTOR’S RECEIPT OF THE CANCELLATION NOTICE.