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Terms and Conditions of the Sale 1. Paradise Awnings did not make any agreements; representations and/or warranties either expressed or implied other that that which are stated herein. 2. BUYER'S exclusive remedy against Paradise Awnings is for the repair or replacement of any defective material when delivered and/or installed. Any defects in the materials as delivered and/or installed must be immediately reported within five (5) days from receipt of materials and installation via Certified Mail to Paradise Awning's address or it will be understood that the materials were received in good condition and properly installed. 3. SPECIAL ORDER. BUYER understands that the subject purchase is a special order of goods. BUYER cannot cancel and/or alter order without Paradise Awnings' written consent. Because of the personalized nature of the order of goods ALL DEPOSITS MADE ARE NON-REFUNDABLE. The amount of deposits retained shall not limit the amount of actual damages collectible by Paradise Awnings. 4. Paradise Awnings has the right to cancel the contract for any reason within ten (10) business days of BUYER'S acceptance. 5. Permit fees and costs are non-refundable. If municipal inspections are pending BUYER may retain only relevant portion (1/2 permit costs) until inspections are approved. Balance is due at time of installment. 6. Paradise Awnings may enforce and foreclose a lien against BUYER's Real Property pursuant to Florida's Mechanic Lien Statute and/or pursue any other remedy available by law. 7. RISK OF LOSS of goods after delivery to BUYER is upon BUYER. 8. In the event of enforcement of the contract, and or any litigation under it, the prevailing party is entitled to reasonable attorney's fees and costs, including filing of liens, appellate fees and costs. 9. A charge of 15% per month - or fraction thereof (18% per annum) shall be added to all delinquent accounts. 10. Paradise Awnings will retain title to any equipment or materials furnished until full payment is made. If payment is not made as agreed, Paradise Awnings will have the right to remove same and Paradise Awnings will be held harmless for any damages resulting thereof. 11. Estimate expires twenty-five (25) days after date of estimate. Any changes must be in writing and signed by a company representative. 12. THE PARTIES HEREIN WAIVE THE RIGHT TO JURY TRIAL. 13. Paradise Awnings' performance under this contract shall be excused as a result of unforeseen events such as Acts of God, strikes, catastrophes, wars, and other major event outside its control. Paradise Awnings will not have to make, provide, or compensate BUYER for any accommodations or cost which BUYER might incur as a result of such event and such events will not permit BUYER to cancel, amend or diminish any of BUYER's obligations hereunder. 14. A facsimile copy of this contract and any signatures herein shall be considered for all purposes as originals. 15. Paradise Awnings will hold harmless exclusively to the fullest extend provided and covered for in the requested insurance coverage. 16. Paradise Awnings will provide our actual insurance coverage. Additional insurance if desired by BUYER; will be requested at additional cost to BUYER. 17. Prevailing Wages: If this project has a prevailing wages requirement required by the city, state, federal government or any other entity; Paradise Awnings will NOT be required to pay these rates. Our client will be responsible for the difference in wages paid by Paradise Awnings and the required prevailing wages.