This INSTALLATION CONTRACT (this “Agreement”) is hereby entered into this [Date] (the “Effective Date”), by and between FONTANELLA FARMS INC doing business as Forever Lights (the “dealer”), and [Customer First Name] [Customer Last Name] (the “Owner”). Contractor and Owner are hereafter referred to individually as a “Party,” and collectively as the “Parties.”
RECITALS
A. WHEREAS, Owner is the owner of the real property and improvements located at [Customer Address] (the “Site”);
B. WHEREAS, Owner has reviewed the Forever Lights Proposal, which is attached hereto, and incorporated herein by this reference (the “Forever Lights Proposal”); and
C. WHEREAS, Owner desires to engage a Contractor selected by Forever lights to furnish labor and materials, and to perform work at the Property necessary to complete the Forever Lights Proposal, as further described herein.
AGREEMENT
NOW THEREFORE, in exchange for the mutual terms and conditions set forth herein, Owner and Contractor hereby agree as follows:
1. Recitals. The above recitals are incorporated by reference as set forth fully herein.
2. Work. An independent contractor shall furnish the material, labor, equipment, tools, and supervision (the “Work”) necessary to provide Owner with a complete installation of a year-round rooine lighting system (the “System”) on selected roofines at the Site as specifically detailed and outlined in Forever Light Proposal. Such System will include roughly [feet] feet of EverLights (plus any additional options, as applicable) and all necessary wiring and equipment for proper use. Forever Lights, at its cost, will go over [feet] feet by 10%. Material and labor needed beyond the additional 10% over [feet] feet to complete the project will be billed at the same cost/foot as established rate in the pricing table above. This Agreement and all of its Exhibits, and all Change
orders executed after the Effective Date, shall be referred to herein as the “Contract Documents.”
3. Price and Payment.
3.1 Contract Price. In exchange for Contractor’s complete performance of the Work as defined herein, Owner agrees to pay the Dealer the sum of [PricingTable1.Total] (the “Contract Price”). If the Work does not commence within thirty (30) days of the Effective Date, The dealer reserves the right to increase the Contract Price subject to Owner’s approval. In the event the Parties are unable to agree on a new Contract Price, either party shall have the right to terminate this Agreement with no further obligation to either party.
3.2 Deposit. Owner shall pay Contractor 40% of the Contract Price (the “Deposit”) on the Effective Date and prior to commencement of the Work, as such term is defined herein. The Deposit shall be credited against the Contract Price. Owner represents and acknowledges that it has sufficient funds, either personal or through lender financing, in an amount equal to the Contract Price. As a security for nal payment, Owner shall provide the dealer with a valid credit card to be held on le (the “Owner Credit Card”). The Owner Credit Card shall not be charged except as permitted by Owner or upon Owner’s failure to pay the Final Payment as defined herein timely as provided herein.
3.3 Final Payment. Owner shall make full payment of the balance of the Contract Price (the “Final Payment”) within three (1) days after Contractor provides notice to Owner that the Work is complete (the “Completion Date”). In the event the Final Payment is made by check, a valid check must be delivered within seven (3) days of the Completion Date, Owner authorizes Contractor to charge the Owner Credit Card together with a Late Charge as provided herein.
3.4 Late Payment. In the event Owner fails to make the Final Payment timely, a late charge in the amount of $150.00 will be charged to Owner (the “Late Payment”). In the event of non-payment within fourteen (14) days of the Completion Date, Owner Agrees to pay interest at the rate of 18% annually on all past due balances from the original due date, plus court costs and reasonable attorneys' fees, with or without suit, incurred in collecting any past due balance, and a collection fee of up to 40% of the principal balance if Owner's account is assigned to a collection agency. In the event Owner is charged a Late Payment, Dealer has the right at its sole discretion to nullify and void any discounts offered by Dealer.
3.5 Method of Payment. Dealer accepts the following methods of payments:
a. Cash. Dealer accepts cash tender for the payment of the Deposit and the Final Payment.
b. Check. Dealer accepts personal checks for the Deposit and the Final Payment.
c. Credit Card. Dealer utilizes Square to accept payment for major credit cards. Deposits processed with a credit card does not remove any cash discounts. Final Payments made with a credit card will nullify and void any cash discounts offered by Dealer.
d. Financing. Customer Supplied.
4. Change Orders. If Owner or Contractor or dealer requests, or one of the Parties believes that a change is necessary (a “Change”), then the Parties shall comply with the following procedure to request a Change in the Work:
4.1 The Party requesting or noting the Change shall write a description of the Change and give the other Party that writing;
4.2 Before proceeding with the changed work, unless excused by a delay as more specifically described in Section 4 herein, the dealer shall provide Owner with a fixed-price written estimate of the cost and time impact of the requested Change;
4.3 Owner and dealer shall execute a Change Order substantially in the form attached as Exhibit A, confirming their agreement with the Change, the fixed-price cost, and the extension of the Substantial Completion date, if any. If the Change cannot be performed on a fixed-price basis, the Change Order shall identify the agreed method of compensation.
5. Time.
5.1 Time of the Essence. Time of payment and performance are each of the essence of this Agreement. Notwithstanding the previous sentence, Contractor shall be allowed reasonable time in which to make delivery of materials and to commence and complete performance of the Work. Subject to any delays that may occur, Contractor shall commence Work within thirty (30) days of the Effective Date and substantially complete the Work within the 5 days
5.2 Date of Commencement. The date of commencement shall be the date Contractor starts the physical performance of the Work. Owner acknowledges that the date of commencement may be delayed until: (i)written notice to proceed is actually received by Contractor; and (ii) Owner has obtained a rm loan commitment from lender (if applicable) and provided satisfactory proof of such loan to dealer.
5.3. Delay Due to Condition of Site. Owner shall prepare and clear the Site so that Contractor can proceed unhindered with the Work and, notwithstanding any project schedule, Contractor shall not be required to commence the Work until the Site has been prepared to allow Contractor to complete the Work continuously and uninterrupted. If conditions are encountered at the Site which are: (1) physical conditions which materially affect Contractor performance of the Work, or (2) unknown physical conditions of an unusual nature, which materially affect Contractor’s performance of the Work, then Contractor shall have the option in its sole discretion to (i) take such actions as reasonably necessary to alleviate such physical conditions, or (ii) require Owner to take such actions as Contractor deems necessary to commence Work. Any action taken under subsection (i) or (ii) herein shall be at the Owner’s sole and exclusive cost, and in the event Contractor elects to take such actions that may be necessary, no Change Order will be required prior to commencing Work; Contractor shall add such costs incurred to the Final Payment.
5.4 Force Majeure. Dealer is not liable for delays or lack of performance resulting from any causes beyond Dealer’s control, including but not limited to, strikes, material shortages, labor disputes, war, natural disasters, pandemics, inability to obtain specified materials and subcontractors, actions, restrictions, regulations or orders of any government agency or subdivision thereof, unavailability or discontinuance of equipment or materials, weather conditions rendering prosecution of the Work unreasonably dicult, acts of God, or acts or omissions on the part of Owner. Any such delay shall extend the time for completion by a period of time equal to the length of such delay. Dealer shall be held harmless from and against any and all claims arising out of said delays. Owner shall comply with Dealer
scheduling, installation technique and procedures, coordination of trades and sequences. In the event that Owner shall fail to maintain compliance therewith, Owner agrees to extend Dealer’s time for completion of construction and to accommodate all delays in any way associated therewith, and the Contract Price shall be increased accordingly.
6. Dealer’s Warranty.
6.1 Dealers’s Warranty. Dealer warrants that the Work shall be in accordance with the Contract Documents and free from material structural defects and shall return and repair any Work not in accordance with the Contract Documents for a period of one (90) days form the Completion Date (the “Labor Warranty Period”). All product warranties related to lighting and various components shall be controlled by the limited warranty more specifically described here (the “Limited Warranty”), which such Limited Warranty shall be incorporated here by this reference.
6.2 Cure of Defect. Except as otherwise provided for product warranties controlled by the Limited Warranty, if a defect is discovered within the Warranty Period, then Owner must notify Dealer in writing within thirty (30) days following the discovery of that defect (the “Warranty Defect Notice”). Warranty claims should be directed to support@ledforeverlights.com. To fully evaluate the claim, Dealer may ask Owner to provide, at Owner’s sole and exclusive expense, pictures of Owner’s claimed defect. Owner must provide Dealer with an opportunity to inspect and an opportunity to either cure the defect in a manner customary in the industry or to pay to Owner the cost of repair or replacement of the defect as estimated by Dealer. In no event shall Dealer’s liability exceed the fair and reasonable cost of repair or replacement of the warranted defect. Dealer shall not be liable for any cost or expense incurred by Owner in remedying any warranted defects unless Dealer has been notified in writing and has been afforded the opportunity to cure the claimed defect or to pay the sums specified herein.
6.3 Repairs Outside of Labor Warranty Period. Material claims past the Labor Warranty Period may be directed to Dealer by visiting myeverlights.com/troubleshooting/. Dealer is available to troubleshoot Owner’s System free of charge over the phone past the Labor Warranty Period, but any requested service calls for repairs due to natural aging of the EverLights products or the System will be billed at a at rate of $50 per visit which must be paid upon visit to the Site by Contractor. Owner acknowledges that Contractor is not available for Site visits to provide hand-on training except as specifically provided in Section 11.3. Owner further acknowledges that Dealer is not available for power cycling or latching issues, arising directly or indirectly from electrical disruptions to the System. Owner will be responsible for power cycling technique to reset the System. Dealer will make reasonable efforts, but makes no guarantees, to respond to support calls from Owner within two (2) weeks from issue reported.
7. Contact Methods. Dealer wants to stay in touch with Owner regarding Owner's account. Owner agrees, in order for Dealer to service Owner's account for future use of the System or to collect any amounts Owner may owe, Dealer may contact Owner by telephone at any telephone number, including wireless telephone numbers that Owner has or may attain, which could result in charges to Owner. Dealer may also contact Owner by sending text messages to any telephone numbers that Owner has or may attain, or email using any e-mail address owned by Owner. Methods of contact may include using pre-recorded/artificial voice messages and/or use of an automatic dialing device, as applicable. Owner has read this disclosure and agrees that Owner may be contacted as described above.
8. Dealer’s Performance. Dealer shall furnish all labor and materials to perform the Work as described in the Contract Documents in a good and workmanlike manner for the Contract Price. At Dealer’s discretion a qualified third party installer may be used for installation of the System. In all cases Dealer guarantees workmanship and quality of the labor.
9. Owner’s Representations. Owner represents and warrants the following:
9.1 Ownership of Site. Owner owns the Site and that ownership will remain with Owner for the duration of this Agreement and the Contract Documents. Unless otherwise agreed in writing by the Parties, Owner shall be responsible for the establishment of property lines and for ascertaining knowledge of any restrictions affecting the real property.
9.2 Hazardous Materials. The Site is free of any and all hazardous materials, including but not limited to asbestos, mold, mildew or other toxic substances. In the event that such hazardous materials are discovered at the Site, Contractor shall be entitled to immediately suspend performance without liability until Owner, at its sole expense, performs or has performed adequate treatment to eradicate the hazardous material(s), and has adequately compensated Contractor for any costs or damages incurred by Contractor due to Contractor’s
suspension of performance. If the presence of hazardous materials cannot be remedied to Contractor’s satisfaction within thirty (30) days of discovery, Contractor shall have the right to terminate this Agreement and recover whatever damages are available under law.
10. Owner Acknowledgements.
10.1 Owner has selected EverLights products and the System, and hired Dealer to supply, install, and train Owner on basic functions.
10.2 Owner understands and agrees that Dealer assumes no liability or responsibility for any curative steps taken under Section 5.3 to alleviate any physical condition of the Site to ensure Contractor’s ability to perform the Work, so long as such curative actions do not result in actionable or permanent damage to the Site. As an example, Contractor will not be liable for any chemical sprays applied to the Site to remove a bee hive, wasp nests, or act as other insect repellants in order to allow Contractor to perform the Work if such spray leaves a temporary residue on the Site.
10.3 Owner understands and agrees that in furtherance of the Work, Contractor must physically access the Site and walk on the roof. Contractor has no responsibility for cleaning the premises beyond cleanup as provided in Section 12, including but not limited to removing any trace of Contractor’s presence on the Site such as footprints or otherwise, when such does not qualify as the required cleanup as provided herein, or actionable or permanent damage to the Site.
Video 10.4
Installation: https://www.youtube.com/watch?v=X2aYyBUhjP
10.4 Owner has viewed the video titled “Video 10.4” above and understands, as illustrated in the video, that Contractor must take certain steps on the site to install the System, including but not limited to drilling holes into gutters, ashing, drip edge, fascia, downspouts, sots, or exterior walls. Owner acknowledges that Contractor may be required to take other steps for installation, including but not limited to installing roof anchors for safe installation, or attaching wiring via clips, staples, or adhesive as determined at the discretion of the Contractor. In all circumstances, Owner agrees not to hold Contractor liable for any reasonable action taken for the installation of the System. Owner understands and acknowledges that while Contractor may discuss routes for wiring the System with Owner prior to installation, all steps for installation of the System is at the sole discretion of the Contractor.
11. Marketing. Dealer reserves the right to any and all photographs taken by Dealer or contractor on the Site from commencement to the Completion, and shall have all ownership rights to said photographs. Owner agrees to allow Dealer to return to the Site within three (3) months of the Completion Date to shoot professional photography. Any photographs taken of the Site may be used by Dealer for marketing purposes. Further, Owner grants Dealer permission to share Owner’s address with perspective customers for perspective customers to view the lights at their discretion.
12. Owner Responsibilities.
12.1 In furtherance of Contractor’s Work, Owner agrees to allow Contractor reasonable use of Owner's utilities, including but not limited to electricity and wi-, while at the Site, at Owner’s sole and exclusive cost.
12.2 Owner is fully responsible for the compatibility and maintenance of the wireless network at the Site with the System. The System is designed to be compatible with an extensive list of network routers/switches, but Dealer makes no representation or assurance, expressed or implied, of a wireless connectivity guarantee. Use of the System may require maintenance, including but not limited to, re-establishing connectivity by Owner. Additional equipment beyond that listed in the pricing table may be required for use of the System on the Site at Owner’s sole and exclusive expense.
12.3 Owner agrees to be present at (1) the beginning of installation at commencement to review wire paths, and (2) the Completion Date for hands-on training of the System and final payment as provided herein.
13. Clean Up. Contractor shall clean the Site and remove all rubbish, garbage, refuse, and its equipment, tools, machinery, waste, and surplus materials from the Site upon completion of the Work. Contractor shall further fix and repair any damage caused to the Site during the Work.
14. Owner Supplied Fixtures and Materials. Contractor cannot and will not warrant any Owner-supplied materials or Owner-performed labor (whether new or used). If Owner-supplied fixtures or materials fail due to a defect in the materials or fixtures themselves, Contractor will charge for all labor and materials required to repair or replace both the defective materials or fixtures, and any surrounding work that is damaged by these defective materials. Such additional charges shall be added to the Final Payment.
15. Indemnification. Owner, hereby knowingly and voluntarily, on behalf of himself/itself and his/its past and present partners, consultants, agents, employees, agents, representatives,
attorneys, servants, successors, assigns, and aliates (collectively, “Aliates”), hereby fully, forever and absolutely, irrevocably and unconditionally, releases, and discharges, acknowledges the satisfaction of, and holds the Dealer, Contractor and each of its Affiliates harmless from, and covenants and agrees to indemnify and defend the Dealer and Contractor and its Aliates against, any and all claims, demands, rights, actions, proceedings, promises, obligations, agreements, liabilities, liens, accountings, causes of action, claims for relief, damages (including any consequential, exemplary, punitive or treble damages), costs, expenses (including reasonable fees and actual disbursements by attorneys, consultants, experts or other representatives and litigation costs), or suits of any kind, whether foreseen or unforeseen, known or unknown, contingent or actual, liquidated or unliquidated, legal or equitable, in tort or contract, whether statutory or common law, and howsoever created, evidenced, arising or incurred, which it now has or has ever had against, arising from, based on, related to or are otherwise attributable to Owner’s ownership of the Site or defects to the Site arising prior to commencement herein, or any damage to the Property as a result of the Work arising out of any acts or omissions of the Owner.
16. Terminate by Contractor for Cause. In addition to Contractor’s right to terminate this Agreement pursuant to Section 3.1 and 9.2 herein, Dealer may terminate this Agreement for cause if Owner breaches any material provision of the Contract Documents. Prior to terminating this Agreement for cause under this Section, Dealer shall first provide Owner five (5) days written notice of the alleged breach. If Owner fails to cure the breach within five (5) days of receipt of such notice, or fails to commence and diligently continue with cure efforts if the breach cannot reasonably be cured within ve (5) days, the Dealer may terminate this Agreement.
17. Miscellaneous.
17.1 Binding Effect. This Agreement is binding on and inures to the benet of the Parties and their respective heirs, personal representatives, successors, and permitted assigns.
17.2 Assignment. Neither this Agreement nor any of the rights, interests, or obligations under this Agreement may be assigned by any Party without the prior written consent of the other Party.
17.3 Notices. Except as may be otherwise provided herein, all notices, requests, waivers and other communications made pursuant to this Agreement must be in writing and are conclusively deemed to have been duly given: (i) when hand delivered to the other party; (ii)
when received if sent by facsimile or electronic mail to the number or the email address set forth below, provided that the sending party receives a confirmation of delivery; (iii) three (3) business days after deposit in the U.S. mail with rst class or certified mail receipt requested, postage prepaid and addressed to the other party; or (iv) forty-eight (48) hours after deposit with an internationally recognized overnight delivery service, postage prepaid, addressed to the other party as set forth below with next business-day delivery guaranteed, provided that the sending party receives a confirmation of delivery from the delivery service provider.A party may change or supplement the addresses, facsimile numbers and email addresses provided in its signature block below, or designate additional addresses, facsimile numbers or email addresses, for purposes of this Section by giving the other party written notice of the new address, facsimile numbers or email addresses in the manner set forth above.
FONTANELLA FARMS INC
dba FOREVER LIGHTS
2127 Chamberlain Hwy
Kensington, CT 06037
Phone: (888) 301-1531
Email: info@ledforeverlights.com
TO OWNER:
[Customer First Name] [Customer Last Name]
[Customer Address]
Phone: [Phone]
Email: [Email]
17.4 Amendments. Except as otherwise provided herein, this Agreement may be amended only by an instrument in writing executed by all the Parties, which writing must refer to this Agreement.
17.5 Construction. The captions used in this Agreement are provided for convenience only and will not affect the meaning or interpretation of any provision of this Agreement. All references in this Agreement to “Section” or “Sections” without additional identification refer to the Section or Sections of this Agreement. All words used in this Agreement will be construed to be of such gender or number as the circumstances require. Whenever the words “include” or “including” are used in this Agreement, they will be deemed to be followed by the words “without limitation.”
17.6 Counterparts. This Agreement may be executed in counterparts, each of which will be considered an original and all of which together will constitute one and the same agreement.
17.7 Electronic Signatures. Electronic transmission of any signed original document, and retransmission of any signed electronic transmission, will be the same as delivery of an original. At the request of any Party, the Parties will conrm electronically transmitted signatures by signing an original document.
17.8 Further Assurances. Each Party agrees to execute and deliver such other documents and to do and perform such other acts and things as any other party may reasonably request to carry out the intent and accomplish the purposes of this Agreement.
17.9 Time of Essence. Time is of the essence with respect to all dates and time periods set forth or referred to in this Agreement.
17.10 Waiver. Any provision or condition of this Agreement may be waived at any time, in writing, by the Party entitled to the benet of such provision or condition. Waiver of any breach of any provision will not be a waiver of any succeeding breach of the provision or a waiver of the provision itself or any other provision.
17.11 Governing Law. This Agreement will be governed by and construed in accordance with the laws of the State of Utah, without regard to conflict-of-laws principles.
17.12 Arbitration. The Parties agree that upon written notice of any dispute, the Parties shall attempt to resolve it promptly by good faith negotiations. If the Parties are unable to resolve the dispute within thirty (30) days or such other timeframe and the Parties may agree, then either Party may submit a “Notice of Arbitration” (the “Notice”) signifying that the negotiation was not successful and to commence the mediation process. After receipt of the
Notice, any dispute, controversy, or claim arising out of or relating to this Agreement must be settled by arbitration. Unless the Parties otherwise agree, the arbitration will be administered by the American Arbitration Association pursuant to the Commercial Arbitration Rules and Mediation Procedures. Judgment on the award rendered by the arbitrator may be entered in the circuit court in the county in which the arbitration occurs, and the resolution of the disputed matter as determined by the arbitrator will be binding on the parties. There will be one arbitrator who will be a retired federal or state judge with a minimum of ten years of judicial experience, business lawyer, or will have such alternate qualifications that are mutually agreeable to the parties. Any arbitration will be conducted in Salt Lake City, Utah, in accordance with the following provisions:
a. Arbitration proceedings under this Agreement may be consolidated with arbitration proceedings pending between other parties if both arbitration proceedings arise out of the same transaction or relate to the same subject matter. Consolidation will be by order of the arbitrator in any of the pending cases or, if the arbitrator fails to make such an order, the parties may apply to any court of competent jurisdiction for such an order.
b. The arbitrator will have authority to issue preliminary and other equitable relief.
c. Unless otherwise limited by the terms of this Agreement, the arbitrator will have the authority to award any remedy or relief that a Utah court could order or grant, including specific performance of any obligation created under this Agreement, the issuance of an injunction, or the imposition of sanctions for abuse or frustration of the arbitration process, except that the arbitrator will not have authority to award punitive damages or any other amount for the purpose of imposing a penalty as opposed to compensating for actual damage suffered or actual loss incurred.
The arbitration award must be in writing, must be signed by the arbitrator, and must include a statement regarding the disposition of any claim. The award must be kept confidential to the fullest extent permitted by law.
17.13 Attorney Fees. The prevailing party in any action brought in connection with this Agreement shall be entitled to recover costs and reasonable attorneys’ fees from the non prevailing party.
17.14 Exhibits. The exhibits referenced in this Agreement are part of this Agreement as if fully set forth in this Agreement.
17.15 Severability. If any provision of this Agreement is deemed to be invalid or unenforceable in any respect for any reason, the validity and enforceability of such provision in any other respect and of the remaining provisions of this Agreement will not be impaired in any way.
17.16 Interpretation. Should any provision of this Agreement require judicial interpretation, it is agreed that the court interpreting or construing this Agreement shall not construe it against one Party more strictly by reason of the rule of construction that a document is to be construed more strictly against the Party who itself or through its agent or counsel prepared such document, it being agreed that the agents and counsel of all Parties have participated in the preparation of this Agreement, and that all Parties were afforded adequate opportunity to consult legal counsel prior to execution of this Agreement.
17.17 Entire Agreement. This Agreement (including the documents and instruments referred to in this Agreement) constitutes the entire agreement and understanding of the parties with respect to the subject matter of this Agreement and supersedes all prior understandings and agreements, whether written or oral, among the parties with respect to such subject matter.
I have read and understood, and I agree to, all of the terms and conditions in the Agreement above.
By: [Customer First Name] [Customer Last Name]
Address: [Customer Address]
Email: [Email]
Phone: [Phone]
Date: [Date]
Signature:
EXHIBIT A
CHANGE ORDER
1.Order Number: __________
2.Date: __________
3.FONTANELLA FARMS dba FOREVER LIGHTS
4.Address: 2127 Chamberlain Hwy, Kensington, CT 06037
5.Job Description:
______________________________________________________________________________________________ ______________________________________________________________________________________________ ______________________________________________________________________________________________ ______________________________________________________________________________________________
6.Property Address: [Customer Address]
7.Dealer hereby agrees to make the change(s) specified below:
______________________________________________________________________________________________ ______________________________________________________________________________________________ ______________________________________________________________________________________________ ______________________________________________________________________________________________
8.Fixed Price of Change(s):
Add: $__________
Deduct: $__________
9.Previous Change Orders: $__________
10.Reason for Change:
______________________________________________________________________________________________ ______________________________________________________________________________________________
______________________________________________________________________________________________ ______________________________________________________________________________________________
11.Estimated Contract Time Extension: __________
12.New Estimated Completion Date: __________
13.Acceptance: The terms of this Change Order are satisfactory and are hereby accepted:
FONTANELLA FARMS INC dba FOREVER LIGHTS
By: Jonathan Birdsey, Manager
OWNER:
[Customer First Name] [Customer Last Name]
[Customer Address]
By:
_____________________________________________
EXHIBIT B
PRE-INSTALLATION CUSTOMER ACKNOWLEDGEMENT FORM
PRE-INSTALLATION CUSTOMER ACKNOWLEDGMENT FORM
I, _________________, owner of property located at ______________ (the “Property”), hereby acknowledge that:
I have been advised and understand that the installer of my EverLights product (the “Dealer”) is an independent contractor and not an employee, agent, officer, member, manager, or authorized representative of EverLights or Forever Lights, and therefore, is not affiliated with, authorized to make representations for, or otherwise act on behalf of EverLights or Forever lights.
As part of engaging Dealer, Dealer has delivered a written contract specifically related to its installation services and such contract offers a minimum 30 day labor warranty.
I understand that any dispute, claim, action, or damage arising out of the installation of EverLights products or Dealer’s services must be dealt with exclusively with the Dealer - Forever Lights.
I understand and acknowledge that all alterations to a property are done at my own risk and neither EverLights or Forever Lights is to be held responsible for any damage occurring on the Property arising from installation of the EverLights products or the installation services completed by Contractor. I assume all risk with regards to EverLights products. I further acknowledge that use of the products are at my own risk.
I understand that EverLights does not warrant the installation of its products by the Dealer and any guarantee or warranty beyond EverLights’ product warranty as specifically detailed at https://myeverlights.com/warranty/ is guaranteed, warranted, and offered exclusively by the Dealer.
CUSTOMER NAME
SIGNATURE
DATE