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Unless otherwise agreed in writing, payment in full of all sums due shall be made to Specialized Supplies & Services, Inc. immediately upon substantial completion or delivery of the agreed services, materials and/or work covered herein. Interest at the highest lawful rate of interest per annum and collection cost, including reasonable attorney’s fees, will be charged on past due accounts.
*Please note, a 3% convenience fee will be charged with all credit card transactions.
All work to be performed in one phase during regular working hours. Color and texture to be selected by owner from standard charts.
Protection and final cleaning by others. Price does not include any floor preparation, leveling of existing floors, move of equipment, or tear up of existing flooring. Price does not include any baseboard. If proposed area already has existing baseboards the customer will need to add 1/4″ round molding or caulking after flooring is installed. Only such work as is specifically designated above is included in this proposal, which supersedes all previous proposals and agreement.
Unless otherwise provided here, any units included in this proposal shall be of standard size and color.
This proposal, when accepted and signed by you and delivered back to Specialized Supplies & Services, Inc. shall constitute a contract between us, it being understood that it covers all agreements between us and that no agent, salesman, representative or office of either of us has made any statement or agreement, oral or written, modifying adding to or changing the terms and conditions set forth herein. Unless this proposal is accepted by you (and approved by us), it is subject to withdraw or change without notice. This order is taken subject to strikes, fires or other contingencies beyond our control.
If, after the date hereof, you or your agent, servant, representative or employee shall order or request Specialized Supplies & Services, Inc. to furnish or perform any additional services or materials not included above, and such order or request is not in writing and properly signed by you or your agent(s). Specialized Supplies & Services, Inc. may within a reasonable time confirm to you such order or request, including the price of the service and materials, and unless you object to the confirmation to you in writing and your objection is delivered to Specialized Supplies & Services, Inc. within ten (10) days of receipt of confirmation you agree that such written confirmation by Specialized Supplies & Services, Inc. will be in addition to this proposal.
The undersigned party (you) hereby accepts and agrees to all of the terms and provisions stated above.
The product quotation, purchase orders, shipping documents and there terms and conditions of sale constitutes a continuing Sale Agreement between Specialized Fitness Resources, a Florida Corporation doing business as Specialized Supplies & Services, Inc. (hereafter referred to as “Specialized Supplies & Services, Inc”) and Buyer, as set forth at the end of this Product Quotation Agreement, for the purchase of any product and services to be provided by Specialized Supplies & Services, Inc. to Buyer. Specialized Supplies & Services, Inc. sales representative do not have the authority to change or modify the terms and conditions of this Agreement.
Specialized Supplies & Services, Inc. requires a non-refundable 50% down payment for all custom products. A purchase order for customer product contractually obligates the Buyer to take delivery. Customer orders are non-cancellable and may not be rescheduled without prior approval of a corporate office of Specialized Supplies & Services, Inc. All build to other strength orders canceled less than thirty (30) days from the original scheduled delivery will be subject to a 25% cancellation fee. All returns will have a 25% restocking fee.
Concrete slab must be leveled within a 1/8″ using Portland Cement-based underlayment, if needed. Subfloor must meet acceptable moisture range (85% RH Level or below) when using standard adhesive. All slabs prep work, including leveling, and associated cost is by others. Moisture test results must be provided to Specialized Supplies & Services, Inc. prior to scheduling of crew to job site by others and at others expense. Thresholds, reducers, base and removal/re-installation of anything on the floor which may be required are excluded unless specifically included above. Customer shall make certain work areas are clean, free of any other trades needing access to the floor where we are installing, and ready for installation. Customer is responsible for providing a dumpster on site. Specialized shall perform work in a efficient manner consistent with industry standards. Specialized will not be responsible for damages or delays caused by strike, fire, acts of God, or causes beyond their control including material production delays. Specialized will not be responsible for damages or delays caused by other trades, or failure to have installation are ready. If installation will take place on the second floor or higher and there is no elevator in the building there will be an additional fee.
Quotes for products being sold for projects under construction on extensive renovation will only be applicable for 90 days, even if a contract is signed and product is ordered. Delays in receiving product over 90 days, could affect the price of the product. The proposed product would need to be re-quoted after 90 days unless otherwise stated. Freight quote is only valid for 7 days. There must be a concrete slab outside of the building in order for the installation crew to bring material into building.
Customer is responsible for unloading the products off the freight truck at the time of delivery. If initial delivery attempted is missed, a redelivery fee may apply and will be due prior to delivery. Any added services like lift gate, change of address, inside delivery, etc. must be agreed upon in writing and paid for before they will be authorized. If customer the does not pay the incurred additional fees they will need to arrange their own freight picking up at Specialized and will be responsible for any additional expenses. All damaged product on merchandise, must be reported when delivery is made, noted on BOL and take pictures of damage(s). Deliveries are all curbside, no inside deliveries. No deliveries will be made to second floor or higher, unless stated. Freight quotes are only valid for 7 days.
Any Custom Products or custom cut rolls and/or Customer modified Standard Products ordered from Specialized Supplies & Services, Inc. are non-cancellable and/ or non-refundable. Credit may be issued only on those items that are in stock at our facilities in Miami in new, salable condition in the original packaging. Any such return shall be at expense and risk of the Buyer and subject to a 25% restocking charge of the original purchase price.
Any judicial PRECEEDING by the Purchaser against the Seller or the Seller against the Purchaser involving, directly or indirectly, any matter in any way arising out or related to, or connected with this agreement or any other credit document shall be brought in The courts of the State of Florida, County of Miami-Dade, and the parties accept exclusive personal jurisdiction of these courts for the purpose of any Suit, action or proceeding. In addition, the parties knowingly, intentionally, and irrevocably waive to the fullest extent permitted by law, any objection which they may now or later have to the laying of venue any suit, action or proceeding arising out of relating to this agreement, or any judgment entered by any court brought in the State of Florida, both parties intentionally and irrevocably waive any claim that any suit, action or proceeding brought in the State of Florida, County of Miami-Dade, has been brought in an inconvenience forum.
Purchaser will pay interest on all monies due to Seller at the highest lawful contract rate. Purchaser WAIVES ANY RIGHT TO JURY TRIAL in any action brought by or against Purchaser involving Seller regardless of whether the claim sounds in contract, in tort or otherwise, or is in any proceeding related, ancillary or supplementary to this Application. Purchaser waives any right of venue and agrees that any legal action or arbitration proceeding between Purchaser and Seller regardless of whether it sounds in contract, in tort or otherwise, will be brought in a state court of competent jurisdiction located in Miami-Dade County, Florida.
If Seller employs an attorney to enforce any provision of this quotation or invoice, or to defend any action brought by Purchaser, its agents or employees against Seller, whether the action sounds in contract, in tort or otherwise, or to collect any payment due to Seller from Purchaser whether or not suit is instituted, Seller will be entitled to recover from Purchaser all costs and expenses incurred including a reasonable attorney’s fee.
Any product not picked up after 14 days will incur storage fees payable by purchaser. Delivery dates set forth in any quote or any confirmation thereof will be determined to be estimated and approximate dates only. Specialized will not be liable for delays in performance of any of its obligations under this Agreement if such failure is cause by the occurrence of any contingency beyond its reasonable control.