Kasper Electrical Inc.

Electronic Terms and Conditions

ACCORDING TO FLORIDA’S CONSTRUCTION LIEN LAW (SECTION 713.001-713.37 FLORIDA STATUE), Those who work on your property or provide materials and are not paid in full have a right to enforce their claims for payment against your property. If your contractor or subcontrsctor fails to pay subContractors, sub-subContractors or material suppliers, the people who are owed money may look to your property for payment, even if you have paid your Contractor in full. if you fail to pay your Contractor, your Contractor may have a lien on your property. this means if a lien is filed your property may be sold against your will to pay for labor, materials or other services that your Contractor or a subContractor may have failed to pay. TO protect yourself, you should stipulate in this contract that before any payment is made, your contractor is required to provide you with a written release of lien from any person or company that has provided to you a “notice to owner.” FLORIDA’S CONSTRUCTION lien law is complex and it IS RECOMMENDED that whenever a specific problem arises you consult an attorney.

1. Upon acceptance of this quotation, a binding contract shall be created between Kasper Electrical and you, the Customer, solely on these terms contained herein, including the terms contained in Kasper Electrical’s quotation.
2. All electrical installation work will be performed in compliance with Federal, State, and Local guidelines and regulations.
3. If Kasper Electrical discovers a need for additional time or materials once the work has commenced, Kasper Electrical will seek written approval prior to continuing work.
4. Customer is responsible for providing unmitigated access to the work area. This includes moving any furnishings, wall-hangings, or other items which could prevent Kasper Electrical from carrying out the listed services. Kasper Electrical shall not be held responsible for damage to items that were not moved from the work area. Kasper Electrical shall not be liable for any loss or damage to the site unless directly due to the negligence of Kasper Electrical.
5. Where work is to extend or modify existing circuits, costs quoted assume that the existing installation is in adequate condition and complies with minimum current regulations. Any works found required to bring the necessary parts of the existing installation up to standard will be at additional cost.
6. Where Kasper Electrical is required to make installations the Customer warrants that the structure of the premises or equipment in or upon which the installations are to be made is sound and will sustain the installation and work incidental thereto and Kasper Electrical shall not be liable for any claims, demands, losses, damages, costs and expenses howsoever caused or arising should the premises or equipment be unable to accommodate the installation.
7. Prior to Kasper Electrical commencing any work the Customer must advise Kasper Electrical of the precise location of all hidden services on the site and clearly mark the same. The hidden mains & services the Customer must identify include, but are not limited to, electrical services, gas services, sewer services, pumping services, sewer connections, sewer sludge mains, water mains, irrigation pipes, telephone cables, fiber optic cables, oil pumping mains, and any other services that may be on site. Whilst Kasper Electrical will take all care to avoid damage to any hidden services the Customer agrees to indemnify the Seller in respect of all and any liability claims, loss, damage, costs and fines as a result of damage to services not precisely located and notified.
8. The Customer shall inspect the installation and shall within seven (7) days of installation (time being of the essence) notify Kasper Electrical of any alleged defect, damage, or failure to comply with the description or quote. The Customer shall afford Kasper Electrical an opportunity to inspect the installation within a reasonable time following delivery if the Customer believes the installation is defective in any way. If the Customer shall fail to comply with these provisions the installation shall be presumed to be free from any defect or damage. For defective installations, which Kasper Electrical has agreed in writing that the Customer is entitled to reject, Kasper Electrical liability is limited to either (at Kasper Electrical’s discretion) repairing the installation or refunding the contract price.
9. If Kasper Electrical is delayed in the execution of the work due to any cause beyond Kasper Electrical’s control (including, but not limited to, acts of God, strikes, lockouts or other industrial disturbances, fire, floor, explosion and laws, rules, regulations or orders of any Government authority or delays caused by any other person, company or authority), Kasper Electrical shall be entitled to a reasonable extension of time to complete the work while such cause exists.
10. The Customer shall ensure that wherever Kasper Electrical is required to work the site will be maintained as a reasonably safe work environment and should the customer fail to so ensure and thereby cause the contractor to incur costs, then then the Customer shall be responsible for such costs.
11. All applicable goods and products installed will become property of the client on date of installation. All goods not paid in full or remaining with customer will be property of the service provider until payment has been made or delivery has ensued.
12. Client is responsible for all insurance of dwellings and service location for entire time of work.
13. This Agreement shall be construed and enforced in accordance with the laws of the State of Florida, without regard to its choice of law rules. Any claim or controversy that arises out of or relates to this Agreement, or the breach of it, shall be brought in the state or federal courts located in West Palm Beach, FL. The Parties consent to the jurisdiction of such courts, agree to accept service of process by mail, and hereby waive any jurisdictional or venue defenses otherwise available to them. If either party brings an action arising out of or relating to this Agreement, the party who substantially prevails shall be entitled to recover the costs it incurred in bringing or defending that action and any appeal of that action, including but not limited to reasonable attorney’s fees, in addition to any other relief to which that party may be entitled.
14. Payments that are 30 days or more overdue to Kasper Electrical shall accrue interest at the prime lending rate as published in the Wall Street journal on the date the payment was due. Client agrees to reimburse Kasper Electrical for all reasonable fees incurred by Kasper Electrical in collecting late payments, including lien processing fees, and attorney’s fees.
15. This Agreement constitutes the entire agreement of the parties with respect to the subjects specifically addressed herein, and supersedes any prior agreements, understandings, or representations, oral or written, regarding those subjects. This Agreement may not be amended, supplemented, or modified except by a written document signed by both parties.
16. If Kasper Electrical performs an inspection on your property, such inspection is not a guarantee that the home is free from electrical defects. Kasper Electrical will not be responsible for any damages resulting from electrical defects in the home that Kasper Electrical missed in an inspection even if a reasonably competent electrician should have seen and reported the defect. Kasper electrical will not be responsible for any defect that was seen by Kasper Electrical in an inspection and not reported to the property owner or tenant. Client hereby agrees that it is unreasonable to rely on any inspection by performed by Kasper Electrical as evidence that a property is free from electrical defects, and Client agrees not to rely on any inspection by performed by Kasper Electrical as evidence that a property is free from Electrical Defects.
17. If the Client is granted a warranty by Kasper Electrical, the following terms apply: The Kasper Electrical warrants to the Client that materials and equipment furnished under the contract will be of good quality, that the work will be free from defects, and that the work will conform with the requirements of the contract documents. The warranty excludes remedy for any damage or defect not caused by the Contractor and/or beyond the Contractor’s control, including abuse, modifications not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear under normal usage. Even under if the work is under warranty, any claims for construction defects are subject to the notice and cure provisions of chapter 558, Florida statutes.

ANY CLAIMS FOR CONSTRUCTION DEFECTS ARE SUBJECT TO THE NOTICE AND CURE PROVISIONS OF CHAPTER 558, FLORIDA STATUTES.

PAYMENT MAY BE AVAILABLE FROM THE CONSTRUCTION INDUSTRIES RECOVERY FUND IF YOU LOSE MONEY ON A PROJECT PERFORMED UNDER CONTRACT, WHERE THE LOSS RESULTS FROM SPECIFIED VIOLATIONS OF FLORIDA LAW BY A STATE-LICENSED CONTRACTOR. FOR INFORMATION ABOUT THE RECOVERY FUND AND FILING A CLAIM, CONTACT THE FLORIDA CONSTRUCTION INDUSTRY LICENSING BOARD AT THE FOLLOWING NUMBER AND ADDRESS: 2601 Blairstone Rd, Tallahassee, FL 32399-1039 (850)487-1395