Simple Home Comfort’s Estimate Terms and Conditions
It is agreed the title to the property herein described, including any additions shall remain in the Seller, and Seller shall have a security in same, until all sums due to Seller hereunder shall have been fully paid; further it is the intention and agreement of the parties hereto that the property herein described shall retain its status as the personal property until full paid for and it shall be removable as personal property even though affixed to the land.
The agreed upon price shall be paid upon completion; if agreed upon price is not paid by that date, it shall become delinquent, and draw interest on the outstanding balance at the rate of 2% per month.
In the event that Buyer shall fail to pay by delinquency date or shall otherwise fail to comply with any of the terms and conditions hereof, or in the event that the proceedings in bankruptcy, insolvency, or reorganization shall be instituted by or against Buyer, or in the event the that said property, or any part thereof, shall be seized or levied upon under any legal process issued against Buyer, or in the event that said property shall be abandoned by Buyer, then and in any such case the Seller may at its option declare the entire balance due hereunder to be immediately due and payable.
Time is of the essence of this contract, in the event of any of the above contingencies, in paragraph 3 Seller may, without notice or demand of Buyer, and with legal process, retake possession of the property herein described, and for such purpose may enter premises (wherever Located) where said property is installed or located, and remove same, and Buyer hereby waives all claims for damages growing out of such entry and retaking. The right of Seller to retake the property herein described upon the happening of any such contingencies shall not be waived by any action the Seller may take in an effort to enforce or secure payment of any sum due here-under; but such right shall continue until payment in full of all sums due under this contract.
In the event that possession of the property described is retaken by Seller, all rights of Buyer in and to said property shall immediately cease and terminate, and Seller shall be entitled to retain all amounts therefore paid Seller, and shall further be entitled to recover from Buyer all unpaid amounts due to Seller at the date of such retaking (except such amounts, if any, as shall have become due solely by virtue of Seller’s option to accelerate maturity.) All remedies of Seller, whether under this contract or otherwise, shall be cumulative and not alternate, and no remedy shall be barred or waived by Seller’s pursuit of any other remedy or remedies. In the event that Seller shall place this contract with an attorney for collection, Buyer shall pay to Seller any and all amount for attorney’s fees.
Buyer agrees to pay all taxes and assessments levied or assessed against the property herein described, to keep said property in good order, condition and repair and shall be liable to Seller for all damages or loss to the property prior to repossession. Further Buyer agrees at the request of Seller to insure the property against loss by fire and other losses covered in the usual extended coverage policy in a good and reputable insurance company authorized to do business in the State of Arizona and to furnish Seller an endorsement showing the interest of the Seller in the property.
The Seller is not to be accountable for delays in delivery or installment if caused by strike, fire, flood, accidents, delays of carriers, inability to obtain suitable and sufficient labor and necessary supplies of raw material or other unavoidable contingencies beyond Seller’s control.
Buyers agrees to allow Seller to inspect the property at reasonable house and to not sell, assign, mortgage, pledge, hypothecate, or otherwise dispose of the property, and to not remove the same form the premises herein above described, without prior written consent of Seller.
Warranty repairs are to be made Monday through Friday during normal business hours, 8:00 – 5:00PM.
It is agreed that this instrument contains the entire agreement between the parties hereto and that no warranty, expressed or implied, representation promise, statement of inducement made by either party hereto by any agent, salesman or employee or either party which is not covered in the written agreement shall be binding and valid.
Buyer agrees, if materials need to be removed to install equipment, Seller is not responsible for repairs. This includes all cosmetic repairs. Etc… Attic trim, molding, texturing, paint, Stucco, brick, shingle asphalt, tile or metal. Door trim or jambs. Buyer is releasing Seller of all responsibility to do the cosmetic repairs of listed.
If Buyer cancels once contract has been signed or approved through email, written or verbal or any other form. Buyer agrees to pay Seller 25% restocking fee of original estimate price for all equipment ordered, and 100% of custom made metal cost.
This agreement shall inure to and be binding upon the heirs, legal successors and assigns of the respective parties hereto.