License # CGC1515751

1. Scope of Contractors Services. Contractor agrees to remove and install (the “Product”) in accordance with the South Florida Building Code, all governmental requirements, and perform its work in a professional and workman-like manner (the “Work”). Contractor may make non-material deviations to address on-site, as-built practicalities, without Client’s approval. The Work includes the repair/replace of wood bucks if needed, minor stucco repair, and minor drywall repair caused by the standard removal of windows & doors.

Repairs are restricted to up to three (3) inches from the masonry opening. However, Contractor shall not be liable for any unforeseen conditions, to include but not limited to structural repairs, electrical repairs, plumbing repairs, and tile repairs.

The Work also includes labor and materials, but it does not include removal of drapes, blinds, shutters, any other window coverings (“Window Coverings”), furniture, other items or objects (“Furniture”) that are necessary to be moved or re-arranged in order to perform the Work. Contractor is not responsible for any damage to Contractor’s work caused by the Client, its agents, employees, contractors, sub-contractors and/or any third parties.

The following items 1A-1K are EXCLUDED and the Contractor is NOT responsible for unless specifically listed in your scope of work on your quotation cover letter. You may initial the following items and if listed on your scope of work the scope of work will override whatever item/s it may pertain to.

A. EXCLUDED PAINT, PAINT PREP/SANDING, ELECTRICAL REPAIRS, FLOOR/TILE REPAIR INCLUDING FLOORING NEEDED TO BE CUT BACK DUE TO NEW TRACK SIZE, ALARM REMOVAL, REPAIR OR REPLACEMENT, CURTAIN REMOVAL AND REPLACEMENT. MAJOR STUCCO REPAIR (MORE THAN 3″ FROM MASONRY OPENING), MAJOR DRYWALL REPAIR (MORE THAN 3″ FROM MASONRY OPENING) AND DRYWALL REPAIRS WILL BE LIMITED TO “PATCHING”, FINE FINISHING MAY BE NEEDED.

​B. GOVERNMENT/CITY PERMIT FEES ARE NOT INCLUDED.

C. ADDITIONAL ENGINEERING LETTERS AND SPECIAL INSPECTIONS IF REQUIRED BY CITY/COUNTY.

D. OLD WINDOW TREATMENTS MAY NOT FIT DUE TO THE NEW PRODUCTS MAY HAVE DIFFERENT DIMENSIONS THAN THE CURRENT OPENINGS, STS IS NOT RESPONSIBLE FOR REMOVAL AND/OR REINSTALLATION OF OLD WINDOW TREATMENTS. STS WILL NOT PATCH, DRYWALL, STUCCO OR FINISH WHERE THE OLD WINDOW TREATMENTS EXISTED.

E. STS IS NOT RESPONSIBLE FOR INSTALLING OLD OR NEW TRIM INCLUDING ANY STUCCO, DRYWALL PATCH OR FINISH WORK REQUIRED BY REMOVAL OF OLD TRIM TO FIT NEW PRODUCTS. BASEBOARDS MAY BE DAMAGED UPON REMOVAL TO FIT NEW PRODUCTS, STS IS NOT RESPONSIBLE FOR THE DAMAGE OF BASEBOARD NOR LIABLE TO REPLACE AND INSTALL NEW BASEBOARD.

F. ORAL AGREEMENT OF ANY KIND INCLUDING SUBSEQUENT MODIFICATIONS AND SUPPLEMENTS TO THE PROPOSAL/CONTRACT AND/OR THESE TERMS AND CONDITIONS OF SALE ARE INEFFECTIVE, UNLESS CONFIRMED IN WRITING. NO ORAL AGREEMENTS BETWEEN CLIENT AND SALESPERSON WILL BE HONORED UNLESS IN WRITING AND DETAILED IN THE SCOPE OF WORK.

G. WINDOW SILLS MAY BREAK DURING REMOVAL OF OLD WINDOWS AND INSTALLATION DUE TO HOW THE OLD WINDOW AND SILL IS INSTALLED. STS IS NOT RESPONSIBLE FOR REPLACEMENT COST OF NEW SILLS. NEW SILLS MUST BE PURCHASED BY CUSTOMER AND ONSITE BEFORE THE INSTALLATION IS COMPLETE. STS WILL NOT RETURN TO INSTALL SILLS.

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H.STS WILL PERFORM A STANDARD CONSTRUCTION BROOM-CLEAN UPON COMPLETION OF WORK. STS IS NOT RESPONSIBLE FOR DEEP CLEANING SERVICES OR FOR DETAILED CLEANING OF WINDOWS AND DOORS. THIS IS MAJOR CONSTRUCTION, SOME DUST AND RESIDUE SHOULD BE EXPECTED. WHILE STS WILL MAKE REASONABLE EFFORTS TO CLEAN THE WORK AREA, ADDITIONAL CLEANING MAY BE REQUIRED AT THE CUSTOMER’S EXPENSE. STS WILL NOT COVER ANY COSTS ASSOCIATED WITH POST-CONSTRUCTION CLEANING. THE CUSTOMER IS ALSO RESPONSIBLE FOR REMOVAL OF ANY MANUFACTURER STICKERS FOLLOWING FINAL INSPECTION.

​I. STS WILL NOT REMOVE EXISTING SHUTTERS ON THE EXTERIOR OF HOME UNLESS SPECIFIED IN THE SCOPE OF WORK ON THE COVER LETTER.

J. STS WILL NOT INSTALL DIGITAL LOCKS.

K. THIS CONTRACT IS FOR “MADE TO ORDER” PRODUCTS WHICH MAY NOT BE EXCHANGED OR RETURNED FOR ANY REASON.
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L. SALES PERSON HAS COVERED GLASS OPTIONS SUCH AS GLASS MAKEUP, THICKNESS, COLOR, TINT OPTIONS AND TREATMENTS OPTIONS SUCH AS LOW-E.
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2. Working Conditions. Client agrees to provide a safe working environment free from debris and hazardous conditions for Contractor. Contractor reserves the right to cease the Work if Contractor, in its sole and absolute discretion, determines that the Property is unsafe because of hazardous conditions, including, but not limited to, unsecured power lines, hazardous materials, toxins, hazardous debris and/or any other conditions that may cause harm to Contractor, its employees and/or its subcontractors or preclude them from performing the Work. Should Contractor exercise its rights under its paragraph it shall not constitute a default under the Agreement.

3. License. Contractor is a Florida licensed general contractor in good standing.

4. Insurance. Contractor shall furnish Client with a copy of its Declarations page within ten (10) days of a written request for same.

5. Access. Contractor shall be admitted into all areas of the Property necessary for Contractor to perform the Work.

6. Payment. Client agrees the reasonable value of the Work is as stated on page one of this Quote.

Client agrees to pay Contractor the Cost pursuant to the following schedule:
(a)
(i)​50% Deposit of the Cost upon execution of Agreement;
(ii)​40% of the Cost upon the delivery of the Product and materials to the Property and start of installation;
(iii)​10% of the Cost upon completion of installation (“Substantial Completion”); Final inspection will not be scheduled until this payment is made.
(iv)​Any and all governmental fees or permit fees or other costs (“Fees”) required for the Work may be advanced by Contractor. Client shall reimburse Contractor for any and all outstanding Fees incurred regarding or relating to the work. The reimbursement shall be paid by Client within thirty (30) days from the receipt of an invoice for any Fees.
(v) Payment of the Cost to Contractor is Client’s responsibility, and client shall be liable to Contractor for the Cost.
(vi) Client will take no actions which will waive or otherwise impair any legal rights and remedies of Contractor to obtain payment of the Costs, including, but not limited to, Contractor’s right to file a construction lien against the Property. Client recognizes that a failure to make timely payment to Contractor may result in a claim of lien being placed on the Property.
​(vii) or if materials only, 50% upon execution of the agreement, 50% upon pickup by client.
(viii) Upon substantial completion, client shall only hold a maximum of 5% of the total contract value but shall not exceed over $1,000. The following pending items are some examples that shall not be used to hold more than the allowable amount: stress cracks, screens, glass repair, parts repair, hardware, manufactures backorders, errors or defects. These are considered warranty issues and will be handled through the manufactures warranty process. Minor scratches, dings and dents will be repaired and painted on site to correct the defects. STS will not reorder windows and doors that can be touched up based on manufacturers recommendations and guidelines. It is possible when tempered glass is viewed in certain ways, a person may see what appears to be a distortion in the glass. This situation may be compounded if the viewer is wearing polarized lenses, the window has triple glazing or the window has a coating. When viewed at certain angles, a reasonable amount of distortion is considered an inherent characteristic of tempered glass. The extreme heating and cooling in the tempering process may cause minute deviations to the glass, creating visual distortions when viewed at an angle or through multiple panes, each manufacture has a standard on what is an acceptable amount of distortion, the manufacture will directly dictate what will b replaced. STS will not replace glass outside of the manufacture recommendations.
No payment shall be held , including completion of installation for non fitting, missing or damaged screw covers, this is considered a manufacture related service item and will be processed as such. At times, a service ticket needs to be submitted to the manufacture for a manufacture service to take place. This is also a pending item that shall not be used against STS to hold any more than the allowable amount. As issues purchaser aggress to pay STS Impact Windows & Doors for the work completed. Purchasers signing of this contract constitutes agreement to the terms of this section. In the case that the project is financed, STS will supply client with a check for the amount of the hold upon receiving funding from the third party. All customers are responsible to be present upon the completion of the installation to inspect the finished job and advise the technician of any issues before them leaving the job site. STS will NOT return for newly found damage that is discovered after the final walk-through such as scratches, dents, chips, screen damage and cracks in glass (non- stress cracks).
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7. Right to cancel. Client has (3) days right to cancel upon signing contract. To cancel this contract, mail or deliver a signed dated copy requesting to cancel to 1000 Holland Drive #10, Boca Raton FL 33487 or email at [email protected] prior to midnight on the third business day. Client may use this contract as that notice by writing “I herby cancel” at the bottom with the Clients name, address, phone number, with his/her signature, date and time of cancelation. After midnight on the third business day after the date of acceptance, this contract becomes in full force and effect.

8. Changes or Alterations. In the event there are any changes to the Plans that affect the Work (“Change Order”), any and all change orders must be agreed upon in writing by both Client and Contractor. Payment to Contractor for the Change Order Fees and Costs shall be made within thirty (30) days from Contractor’s invoice for the Change Order Fees and Costs. Contractor reserves the right to receive payment prior to performing any Work subject to a Change Order. Any delays in Contractor performing the work due to a Change Order shall not be considered a delay by Contractor in performing the Work.
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9. Default. If Client fails to timely make any of the payments required by this Agreement, then Client shall be in default (“Default”) of this Agreement. Client shall have three (3) days from the date of Contractor’s notice of default to cure the Default. If Client fails to timely cure its default, then Contractor shall be relieved of any and all obligations hereunder and shall be entitled to any and all rights and remedies it is afforded under this Agreement, and Florida law, including but not limited to, any and all remedies provided for by Chapter 713 of the Florida Statutes. Any amounts not timely paid shall bear interest at the maximum rate allowed by law.
If, after the Product has been ordered, Client cancels this Agreement for any reason, Contractor shall be entitled to the reimbursement of any and all amounts expended or advanced for labor, materials, Fees, and any other costs or expenses Contractor has incurred. This provision shall not limit Contractor’s rights to seek damages from Client pursuant to this Agreement and/or Florida law.

Additionally, Contractor and/or Client shall be in Default if they fail to perform or observe any of their other obligations or covenants under this Agreement, including but not limited to: (a) becoming insolvent, (b) filing bankruptcy, (c) make a general assignment for the benefit of creditors, (d) have a receiver, custodian or liquidator appointed, and fail to cure said default within thirty (30) days after receipt of notice from the non-defaulting Party specifying the breach. If the failure cannot be cured by due diligence within the 30-day cure period, but the defaulting Party has acted and continues to act in good faith and with due diligence to cure the Default, then the cure period, with the consent of the non-defaulting Party, which shall not be unreasonably withheld, may be extended for an additional thirty (30) days from the date of the notice of Default. Thereafter, if the default is not timely cured, the non-defaulting Party shall be relieved of any and all obligations hereunder and shall be entitled to any and all rights and remedies it is afforded under this Agreement, and/or Florida law.

10. Warranty. Contractor offers a three year, (36) month warranty for Labor from the first day of installation. Contractor does not provide a warranty for any products, materials or parts hereunder. Client is entitled to the manufacturer’s warranty for the product, parts and materials if applicable. See Product Brochure for further warranty details.

11. Lead Time. Client agrees, acknowledges and understands that it is its responsibility to verify: (a) window type, (b) type of finish, (c) glass type, (d) system configuration and (e) tint color before signing this Agreement. Note that handles for Swing Doors are not included for ECO and ES windows brands. CGI Swing Doors include handles and dead-bolts. Client understands and agrees that the Product will not be received from manufacturer for at least 10 to 18 weeks (“Lead Time”) from the date the Product is ordered. If client has an Home Owners Association (HOA), HOA approval must be granted before order is placed and lead time starts; or client can sign a waiver (separate document) to place order before HOA approval is granted. Delays of permit process, manufacturing, supply chain, HOA approvals and unforeseen circumstances such as acts of God may extend lead time. Contractor shall use its best efforts to deliver the Product and commence the Work within 14 calendar days from the date the Product is received by the manufacturer. If for any reason the client can not schedule the installation within this period, the 40% delivery will be due to STS immediately after the 14 day period has ended.

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12. Applicable Law. This Agreement shall be construed and enforced in accordance with and under the Laws of the State of Florida and venue for any proceeding shall be exclusively in Palm Beach County.

13. Headings and Severability. In construing the Agreement, the singular shall be deemed to include the plural, the plural shall be deemed to include the singular and the use of any gender shall include every other gender and all captions and paragraph headings shall be discarded. Should any provisions hereof be found to be invalid by a court or courts of competent jurisdiction, the same shall not invalidate the remaining provisions of this Agreement, which provisions shall remain in full force and effect.

14. Dispute Resolution and Attorney’s Fees. In the event of a dispute concerning, relating to, or arising out of any of the terms and conditions of this Agreement, prior to initiating any legal proceeding the Parties shall first submit to mediation within ten (10) days of either Parties request to do so. The cost of the mediation shall be split equally by the parties.

In the event the dispute between Client and Contractor cannot be resolved by Mediation, then, in any legal or other judicial proceeding (including, but not limited to, any arbitration proceeding agreed upon by the parties) or any appeal therefrom, the prevailing party shall be entitled to have and recover from the other party all costs, attorneys’ fees and costs through all trial and appellate levels.

15. Modification of Agreement. This Agreement may not be changed, altered or modified except in writing signed by the authorized representatives for the Parties.

16. Force Majure. If the Contractor is delayed at any time during the course of the Work by any act or negligence by the Client, engineers, the General Contractor or its subcontractors, agents or employees, and/or third parties, or by changes to the Work requested by Client , labor disputes, fire, adverse weather conditions, acts of God, unavoidable casualties, or any cause beyond Contractor’s control the time for completing the Work shall be extended for a reasonable period of time and Contractor shall not be liable for any injury, consequences, damages claims, or other penalties as a result of any of the foregoing.

17. Waiver of Jury Trial. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, AND AFTER CONSULTING WITH LEGAL COUNSEL OF THEIR OWN CHOOSING, CONTRACTOR, AND CLIENT, KNOWINGLY AND INTENTIONALLY AGREE TO WAIVE THEIR RIGHT TO TRIAL BY JURY IN CONNECTION WITH ANY LITIGATION OR JUDICIAL PROCEEDING RELATING TO OR CONCERNING, DIRECTLY OR INDIRECTLY, THIS AGREEMENT OR ANY OTHER RIGHTS OR OBLIGATIONS BETWEEN CONTRACTOR AND CLIENT AND ALL PERSONS ACTING BY, THROUGH OR UNDER CONTRACTOR OR CLIENT. THIS WAIVER SHALL APPLY TO THIS AGREEMENT, ANY FUTURE AMENDMENTS, SUPPLEMENTS OR MODIFICATIONS OF THIS AGREEMENT, AND ANY FUTURE CHANGE ORDERS OR PURCHASE ORDERS.

18. Assignment. Neither Party may assign this Agreement in whole or in part without the prior written consent of the other Party.

19. Notices. Any notice required by this Agreement shall be served in writing upon the Parties and shall be deemed sufficient if delivered to an authorized representative of either of the Parties by email or if mailed by registered, certified mail/return receipt requested, or overnight/next day mail via a recognized courier service (FedEx, UPS, etc.) at the following addresses:

As to Contractor: 1000 Holland Drive #10 Boca Raton, FL 33487
As to Client:

Or to such other address as the parties hereto may designate in writing.

20. Opportunity to Confer with Counsel. The Parties acknowledge that they have had the opportunity to read, study, consider, and deliberate upon this Agreement. The Parties acknowledge that they have had the opportunity to consult with counsel and that each Party contributed to and agreed to the language of this Agreement and that each Party shall hereinafter equally be deemed to be the “drafter” of this Agreement.

21. Agreement Binding. This Agreement shall be binding upon the Parties hereto, their officers, directors, employees and their successors and/or assigns. The individuals executing this Agreement represent and warrant that they have the authority to bind their respective entities to the terms and conditions stated herein.

22. Entire Agreement. This Agreement, including the exhibits or other documents attached constitutes the entire agreement of the Parties and supersedes all prior agreements and oral understandings between the Parties.