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<br /> 2950 Alvarado St., Suite A , San Leandro, CA 94577
<br />(510) 935-0086
<br />CA Lic. #1058493 DIR # 1000518465 NV Lic. #0087492
<br />wholly impractical or extremely difficult to fix the actual damages and since the calculation of computation of the administr ative cost of actual collection and
<br />accounting for default would likely exceed the agreed upon charge herein).
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<br />Cancellation Charge: If Customer cancels this Agreement, such cancellation is subject to a twenty -five percent (25%) charge on the particular service and/or equipment
<br />cancelled. Customer agrees to pay same for Company’s bookkeeping and administrative costs in processing Customer’s order as a reasonable charge therefore (in
<br />considering that the actual amount of such costs are not reasonably calculable, are impractical to fix, and such charges bear s reasonable relation to Company’s actual
<br />probable loss). Additionally, in the event of restocking merchandise, a condition of cancellation is return to Company’s place of business of suc h merchandise unused
<br />and in its original container.
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<br />Default: In the event of default by Customer under this Agreement, or if by any act or omission of Customer, Company is requi red to file suit, action or other
<br />proceeding, including arbitration, to protect or enforce its rights hereunder, Customer shall pay all of Company’s legal costs and reasonable attorney’s fees. The
<br />Company shall not be required to proceed with installation of the work nor provide further service if the payments applying o n same or on extra work have not been
<br />made as specified in this agreement.
<br />In the event of such payment or other default hereunder, Company may remain idle without liability until all payments are rec eived or default cured and Customers
<br />account is current. Title to any of the material sold or installed hereunder by the company sh all remain in the Company until all the terms hereof have been complied
<br />with. In the event such materials are affixed to realty, it is expressly understood and agreed that they shall remain at the option of Company personally subject to
<br />removal and repossession regardless of incorporation therein as hereunder provided, and further that the owner and/or buyer/or Customer hereby waives any and all
<br />claims of damage to said realty or building caused by the removal of said materials or any part hereof and without duty of company to restore of repair such premises.
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<br />Unalterable Terms: Acceptance by Customer is expressly limited to all terms and conditions stated in this Agreement as printed herein and Customer shall not add or
<br />vary these terms and conditions without Company’s express written authorization.
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<br />Executive Officer Approval: This Agreement is not binding unless approved in writing by an authorized representative of Compa ny. In the event of failure of approval,
<br />as aforesaid, the only liability of Company shall be to return to the Customer the amount, if any, paid to the Company upon the signing of this Agreement.
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<br />Entire Agreement: It is mutually understood and agreed that any representation, promise, condition, inducement or warranty, e xpress or implied, not included in this
<br />Agreement shall not be binding upon any part.
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<br />Warranty of Authority: Customer warrants and represents to the Company that they are the owner and/or legal possessor of the premises to which Company’s
<br />equipment and/or services shall be furnished or bestowed and that Customer is authorized to order the s ervice or equipment herein, and agrees to hold Company
<br />harmless for any loss or liability from any action or claim by third persons relating to such premises as affects Company’s equipment or services thereon or to the
<br />ordering of Company’s services or equipment.
<br />Severability: It is intended that each provision of this Agreement shall be separated and divisible and in the event that any such provision shall be held invalid, the
<br />remaining provisions shall continue in full force and effect.
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<br />Mechanics Lien: Under the Mechanics Lien Law (California Civil Code sections 3082 -3288), any contractor, subcontractor, laborer, supplier, or other person who helps
<br />improve owner’s property, bit is not paid for his work or supplies, has a right to enforce a claim against owner’s property. This means that, after a court hearing, owners
<br />property can be sold by a court officer and the proceeds of the sale used to satisfy the indebtedness. This can happen even i f owner has paid his own contractor in full, if
<br />a subcontractor, laborer, or supplier remains unpaid. Under the law, owner may protect himself against such claims by filing, b efore commencement of the work, an
<br />original of modified contract for the work of improvement in the office of the county recorder o n the county where the property is situated, and by requiring that a
<br />contactor’s payment bond be recorded in the same office. This bond shall be in an amount not less than 50 percent of the cont ract price and shall, in addition to any
<br />conditions for the performance of the contract, be conditioned for the payment in full of the claims of all persons furnishing labor, services, eq uipment, or materials for
<br />the work described in this contract.
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<br />I herein agree to comply with all listed terms and conditions of contract.
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<br />Print Name: Signature: Date: ___________________
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<br />Please give me a call at 510-935-3406 if you have any questions.
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<br />Best Regards,
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<br />Eric Zatarain
<br />New Construction Estimating
<br />Docusign Envelope ID: AA9A7CC3-A9B9-47D8-A802-F89481667D21
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