Contract Terms

A. IF CONTRACTOR must obtain access to other properties in the course of work, CUSTOMER shall secure permission for such and hold harmless and indemnify CONTRACTOR and its employees and agents against all actions and consequences arising or relating to the use of said properties, including but not limited to damage done in the normal course of work, excluding negligence, and for securing said property and its contents during and after work.

B. CUSTOMER shall secure, remove and protect all property, and its contents, including but not limited to adults, children, animals, fitness equipment, electronics, cabinets, fixtures, flooring, walls, tiling, carpets, drapes, furniture, and vegetation during and upon completion of work and shall hold harmless and indemnify CONTRACTOR, its employees and agents against all claims arising out of CUSTOMER’S failure to do so.

C. I hereby authorize and do not hold liable in case of damage Elite Power Up to move any item(s) to perform work including but not limited to adults, children, animals, fitness equipment, electronics, cabinets, fixtures, flooring, walls, tiling, carpets, drapes, furniture, and vegetation.

D. Elite Power Up shall have no liability to Customer or to any third party, regardless of the form of action, whether in contract of tort, including negligence for (1) loss or damage resulting from the movement of Customer's furniture, fixtures, appliances and/or equipment, (2) the costs of repairing, patching, plastering, stuccoing, or painting any holes or other openings created by Elite Power Up in the performance of its services to Customer, and (3) loss or damage to electronic or computer equipment resulting from the installation of electrical wiring or repair or shutdown of equipment.

A. CONTRACTOR warrants its materials and workmanship to be free from defects for one year after performance unless otherwise specified in writing. This warranty does not cover faults caused by misuse; negligence; or damage caused by acts of God including, but not limited to earthquake. In the event that a manufacturer offers a warranty, said warranty shall negate and supersede CONTRACTOR’s warranty. This warranty is the only warranty by CONTRACTOR to CUSTOMER, and is in lieu of all other warranties, expressed or implied. All offers of warranty are void and shall not be honored if any portion of proposal is not completed by Elite Power Up for any reason due to 3rd party contamination.

B. CUSTOMER shall telephone CONTRACTOR within twenty four hours (24) of discovery of any warranty claim. CONTRACTOR will respond with reasonable promptness between the hours of 9:30 a.m. to 4:30 p.m. Monday through Friday, excluding holidays.

C. CONTRACTOR shall not be liable for water or other damage relating from any defect or delay in responding to said warranty. CUSTOMER must take reasonable step to mitigate damages.

D. CONTRACTOR shall not be liable for lost profits, incidental, special, exemplary, indirect, or consequential damages resulting from any work performed, or any problem, whether or not covered by this limited warranty.

A. If conditions and/or circumstances are encountered at the job site which are (1) concealed physical conditions, or unknown physical conditions of an unusual nature, which differ materially from that which is visually ascertained, CUSTOMER agrees to accept responsibility for such conditions and those circumstances outside the control of CONTRACTOR and further agrees to pay for any labor or materials, including repair to damaged equipment of CONTRACTOR and other electrical caused by such conditions and/or circumstances.

B. It is the intent of this provision to make CUSTOMER responsible for all (1) unforeseen and concealed conditions; and (2) for that which CONTRACTOR cannot control. Accordingly, CUSTOMER further agrees to hold CONTRACTOR harmless and shall indemnify and defend CONTRACTOR and all its agents and employees from and against all claims, damages, losses and expenses, including but not limited to attorney fees, consequential damages, arising out of or as a result from the performance of CONTRACTORS work involving, affecting, or relating to such unforeseen or concealed conditions regardless or whether such damages are caused in part by CONTRACTOR.

C. Asbestos or other Hazardous Materials Remediation Work --CONTRACTOR has no information whatsoever with respect to asbestos or other hazardous materials or substances in any portion of the CUSTOMER’s property and has not conducted any investigation in connection herewith. CONTRACTOR does not perform asbestos or other hazardous materials or substance removal and CONTRACTOR shall have no responsibility whatsoever and CUSTOMER expressly releases CONTRACTOR from any liability whatsoever and for any claims arising out of its presence, release, remediation, or removal and for any costs, losses or damages CUSTOMER may suffer or sustain of it is found to exist on the CUSTOMER’s property. In the event asbestos or other hazardous materials or substances are found to exist on the CUSTOMER’s property or if, in order to obtain a building permit for the work to be performed by CONTRACTOR as set forth herein, any remediation action or work, including investigation is required to be performed on the CUSTOMER’s property concerning asbestos or other hazardous materials or substances, all work by CONTRACTOR will cease until such time as CUSTOMER has, at CUSTOMER’s sole expense, cause said asbestos or other hazardous materials or substances to be removed in compliance with all applicable laws relating thereto.

D. It is hereby mutually agreed that the contractor shall not be held responsible or liable for any loss, damage or delay caused by fire, strikes, civil or military authority, or by any other cause beyond its control. This may also include City and Government agencies.

A. If suggested options are not chosen by the CUSTOMER and a failure is experienced, the CONTRACTOR is held harmless.

A. CUSTOMER shall furnish and pay for, at their own expense all taxes, permits, and license fees required to legally perform the repair work in accordance with this agreement. A service charge of $199 plus actual permit fee(s) will be charged in addition to any proposal if Elite Power Up is required to pull permit(s).

B. Access to the property for an agent of the administrative authority must be provided within a reasonable time. Should reasonable access not be provided, it may result in additional charges to the CUSTOMER.

C. If at the time the administrative authority asks for additional work not related to our original contract, that work is the responsibility of the CUSTOMER. CONTRACTOR will provide an additional fixed price for that work. The original balance must be paid in full before corrections work can be performed.

D. All notices related to work performed by the CONTRACTOR which are sent to the property owner must be forwarded to the CONTRACTOR and a reasonable amount of time allowed for the process.

A. All work is done on a fixed price. The price may include Materials (if specified in the estimate), Tax and Labor. NO BREAKDOWN WILL BE PROVIDED!

B. Payment for the work described herein this Agreement shall be immediately due upon completion of the work, not dependent on official inspection or approval by third party. Payment is not dependent on additional work or proposals, or progress of ongoing job and or other trades completion.

C. No deduction shall be made from payments due CONTRACTOR on account of penalty, liquidated damages, back charges for alleged defective work, or other sums withheld from payments to other CONTRACTOR’s, or on account of the cost of changes or defects in the work. Furthermore, CUSTOMER agrees and recognizes that payment for services rendered by CONTRACTOR when due is an express condition precedent to CONTRACTOR continuing work as herein described in this Agreement. CUSTOMER recognizes that the failure to pay for services when due shall entitle CONTRACTOR to terminate work immediately. In the event that CONTRACTOR terminates work for non-payment as herein described, CONTRACTOR shall be entitled to all of its reasonable expenses including, but not limited to cost of labor, materials, a reasonable allowance for overhead and profit, and all other compensation as allowed by law.

D. The contractor shall not be required to proceed with the installation of the work if the payments applying on same have not been made as specified in the estimate. Payments are not subject to inspection by any agency. All balances are due upon completion of work. By default payments are due upon end of each work day in the amount completed on said day unless specified on proposal. Permit fee's are not included in proposal. Additional permit fee's will apply.

E. If payment is not made when due, I agree to pay interest on the payment past due at the rate of 2% per month (24% per annum). I also agree to pay Elite Power Up all charges for collection, including attorney's fees and collection costs in the event of my default. My signature constitutes authorization to bill my credit card account until said authorization is revoked in writing. Payment is due in full at the completion of any job regardless of pending inspections or delay's. A service call fee of $99.00 will be applied to the balance of proposal for each additional visit to pick-up payment.

F. If this proposal is for Subcontracting work by a General Contractor, said contractor must supply Elite Power Up the name, address, and contact number of customer within 10 days of starting work. This information is for the sole purpose of supplying the customer a 20 day preliminary notice. General Contractor agrees to pay Elite Power Up no more than 10 days after bill has been submitted.

A. In the event of a dispute between CONTRACTOR and CUSTOMER, CONTRACTOR and CUSTOMER agree that the CONTRACTOR may immediately terminate the work described herein. In the event of such termination, CONTRACTOR shall be entitled to payment for all services rendered including cost of all labor, materials, reasonable profit and overhead. In the event of cancellation by CUSTOMER after contract has been signed, CONTRACTOR is entitled to a minimum fee of 10% or $1000 which is ever less. In the event of cancellation by CUSTOMER after work has commenced, CONTRACTOR is entitled to 10% or payment for work performed, which ever is more.

Upon completion of the work, CUSTOMER agrees to exercise due diligence in inspecting the work for defective workmanship and materials. CUSTOMER agrees to notify CONTRACTOR within forty eight (48) hours of completion of the work describe hereunder of all defective work, if any. CUSTOMER agrees that upon discovery of any allegedly defective work, CUSTOMER shall immediately call CONTRACTOR who shall have the first opportunity to repair the alleged defective work. The failure to allow CONTRACTOR the first opportunity to repair the alleged defective work shall void all warranties, express and implied hereunder. CUSTOMER agrees and recognizes that they shall not withhold any payments for allegedly defective work. CONTRACTOR is not responsible for reimbursement for work performed by any other company or individual.

A. CONTRACTOR will not perform any other work or trade than that which is specified herein, including but not limited to carpentry, plaster/wall work, tile work, landscaping, masonry, flooring, roofing, paving, moving or hauling, etc., unless specified in writing. Unless otherwise stated, paint, plaster, stucco, patch, concrete and landscaping is not included in the fixed price and is the sole responsibility of CUSTOMER.

A. This agreement represents the entire and integrated agreement between CUSTOMER and CONTRACTOR and supersedes all prior negotiations, representations or agreements, either oral or written. This agreement may be amended only by written instrument offered by CONTRACTOR and accepted by CUSTOMER.

A. Under Florida Lien Law, any contractor, sub-contractor, laborer, supplier or other person who helps to improve your property but is not paid for his/her work or supplies, has a right to enforce claim against your property. This means that after a court hearing, your property could be sold by a court officer and the proceeds of the sale used to satisfy indebtedness. This can happen even if you have paid your contractor in full if the sub-contractors, laborers or supplier remain unpaid.

To preserve their right to file a claim or lien against your property, certain claimants such as subcontractors and or material suppliers are required to provide you with a document entitled “Preliminary Notice”. Original or prime contractors and laborers for wages do not have to provide this notice. A preliminary notice is not a lien against your property. Generally, if they are not paid the maximum time allowed for filing a claim against your property is (90) days after completion of your project.

A. Customer gives Elite Power Up permission to post, erect or display advertising including (Banners, Posters, Signs etc.) in the company name during all phases of construction.

B. I the buyer agree that solicitation of an Elite Power Up employee to perform "Side Jobs" outside the written agreement of his/her employer Elite Power Up is forbidden for a time period of (1) one year from the date of this contract. If such activity is performed customer shall reimburse Elite Power Up estimated cost and labor as if Elite Power Up performed the work.

C. Customer will not hold Elite Power Up responsible for any additional requirements of the local governing body including additional costs should they arise. These costs consist of but are not limited to compliance, blue prints, cut sheets, etc. Customer agrees to pay for all permits and documents required to start, continue & complete job.

D. In the event of existing crushed or un-pullable conduit, or hidden junction boxes, an additional charge will apply. No stucco or drywall patching or painting is included in this proposal unless indicated above and may be additional.

Elite Power Up shall have no liability to Customer or to any third party, regardless of the form of action, whether in contract of tort, including negligence for (1) loss or damage resulting from the movement of Customer's furniture, fixtures, appliances and/or equipment, (2) the costs of repairing, patching, plastering, stuccoing, or painting any holes or other openings created by Elite Power Up in the performance of its services to Customer, and (3) loss or damage to electronic or computer equipment resulting from the installation of electrical wiring or repair or shutdown of equipment.

The price, specifications and conditions specified on estimate are satisfactory and are hereby accepted by the customer upon customer approval of estimate.

I (customer) am authorizing Elite Power Up to do the work as specified in the estimate. Payment will be made as outlined in the estimate. I (customer) understand that Elite Power Up works on a fixed contract basis, no breakdowns of any kind will be given on completed contracts. Final payment to be made prior to inspection. If required, permit and fees are additional and not included.