ADDITIONAL TERMS AND CONDITIONS
Delay/Unknown Conditions: Events beyond the control of NOBLE, such as acts of God, labor strikes, inclement weather, material shortages, Buyer’s inability to qualify for or obtain financing, delays by local government authorities in issuing or otherwise approving inspections, permitting or other required authorizations for the job, or other events resulting in delays in performance of this agreement do not constitute abandonment and are not included in calculating time frames for performance. In event NOBLE determines this agreement can not be performed as intended by the parties due, for example, to incorrect pricing, unforeseen structural defects or preexisting conditions to the Buyer’s property, NOBLE may cancel this Agreement within (30) business days of its execution, notify the Buyer of such cancellation in writing and return all monies paid by the buyer. NOBLE and the Buyer has determined that a definite completion date is not of the essence to this Agreement(s).
Late Cancellation/Default: If buyer attempts to cancel this agreement at any time after midnight of the third business day after the date of this agreement and NOBLE accepts such late cancellation, then Buyer agrees to pay NOBLE a cancellation fee equal to 20% of the Agreement’s price plus the costs of any special order materials to offset NOBLE’s incurred labor, administrative and material costs. Buyer agrees to pay a service charge of 1.5% per month on all sums not paid when due. If Buyer is in default of the Agreement, Buyer agrees to pay NOBLE’s attorney fees equal to 25% of the defaulted amount or as otherwise allowed applicable by law. Buyer also agrees to pay any other costs or expenses or repossession or collection as allowed by applicable law.
No Set-Offs or Retentions: Upon substantial completion of NOBLE’s performance, Buyer shall pay all amounts due under this Agreement in accordance with its terms without any right of set-off or retention. Substantial completion is defined as the job being materially competed, functional as intended, and a final inspection having been obtained. If after making full payment, the Buyer alleges that the work is defective in any respect, NOBLE, without waiving any of its rights, shall cause an inspection of the premises and perform any remedial work to the extent the Buyer is entitled thereto under this Agreement or NOBLE’s warranty at no cost to the Buyer.
Buyer’s Representations: (a) Buyer is the owner of the property where the goods and services are being provided; (b) to the extent not otherwise prohibited by law or indicated on the front of Agreement, Buyer will pay all taxes and permitting fees required to perform this Agreement; (c) Buyer will provide reasonable access to the property and the area on which the work is to be performed, including access to electrical outlets as may be required by NOBLE; (d) Buyer will be responsible for preparation, moving and reinstalling of electrical wiring, water lines, power lines, plumbing and moving of shrubs and plants as required for performance by NOBLE under this Agreement. Buyer warrants to have disclosed to NOBLE all conditions about the structure that may reasonably be relevant to NOBLE’s work, including but not limited to all hazards and unsafe conditions. Buyer warrants having liability insurance in force on buyer’s property.
NOBLE Responsibility: NOBLE shall comply with all local requirements for building permits, inspections and zoning. NOBLE shall perform all work in a professional manner and in keeping with industry standards. Questions or complaints can be directed to NOBLE at 703-404-0505. NOBLE accepts no responsibility for any damages resulting from structural or other defects in the property at which the installation is carried out. NOBLE is not responsible for remedying structural defects. Buyer acknowledges Noble’s products do not correct or cure structural problems. NOBLE shall not be responsible for (a) any damages arising in whole or in part from strikes, fires, accidents, floods, governmental actions or any other causes beyond control of NOBLE; (b) any damages including without limitation, lost profits or reduction in value of Buyer’s property, arising from NOBLE’s delay in performing under this Agreement or due to its breach of this Agreement; and (c) unintentional damage to window treatments, landscaping, driveways, sidewalks, gas lines, condensation pipes, electrical wiring, plumbing, telephone installations, collateral or incidental damage to interior walls and personal property, it being understood that Buyer is responsible at its own cost for all preparations, protection and/or moving of such items prior to NOBLE’s commencement of the work.