1. AMERICAN HANDY PAINT & CLEAN CO.
Terms and Conditions, Request for Service and Acceptance of Rate

1. BINDING AGREEMENT.
This Confirms there is a Contract (“Contract”) between the service contract holder (“Customer”) and AMERICAN HANDY PAINT AND CLEAN CO. (“AHPC”). The Contract constitutes the entire and only agreement between Customer and AHPC. This Contract provides for home service contract with AHPC only and should not be confused with an insurance contract or warranty. This Service Contract includes services to be performed at one address only and cannot be transferred to a different home or property.
a. “Service(s)” refers to those services with respect to which AHPC has been requested to or does perform services, including all construction, electrical, flooring, kitchen and bath, repairs, cleaning, plumbing, and installation services, as well as all other items or materials associated with the services.
b. “Customer” refers to the Customer of AHPC including all forms of business entities as well as to natural persons.

2. TERM.
The term of Customer Service Contract Membership is for a term of 1 year and begins upon receipt of payment of the Membership Fee. Customer credit card on file will be charged for any completed jobs, and a $100 cancellation fee will be charged for any jobs not cancelled with 24-hour notice. Invoices are due at time of receipt.

3. SERVICE ITEMS.
Service Items are the services that are included in this Contract. Appliances, fixtures, and parts are not included unless otherwise specified in this Contract.
4. INFORMATION RELATING TO GOODS.
AHPC warrants the accuracy and completeness of all instructions and all particulars relating to the goods, including their nature, description, special characteristics, marks, number, weight, volume and quantity, upon all of which Customer shall be entitled to rely.

5. ACCESS.
It is Customer’s responsibility to provide access to the system, property, or appliance in need of repair. it is expressly understood that AHPC commences to bill for time upon arrival at site in case of apartment or condo billing commences upon arrival at either lobby or loading access dock. In the event that the system or appliance cannot be accessed without causing damage to a wall, floor, cabinet or ceiling, AHPC will not cover and will not be responsible for any wall coverings, floor coverings, cabinets, countertops, tiling, paint, or for the repair of any structural or cosmetic defects, including, but not limited to, reconfiguring space to accommodate replacement components.

6. DELAY.
AHPC will not be responsible for delays in repairing or replacing a system or appliance resulting from events beyond its control, including, but not limited to, weather conditions, labor disputes, strikes, service and/or installation problems, war, or availability of parts.

7. HINDRANCES.
AHPC shall not be liable for delay, inability to perform, or failure to perform caused by events beyond its direct and reasonable control. In the event any such hindrance should occur, AHPC shall, if feasible, notify Customer for instructions, or, if insufficient time exists or instructions are not provided, shall, at Customer’s risk and expense, store and/or dispose of the appliances, fixtures, and parts as appears reasonable under the circumstances.

8. DAMAGES.
Consequential Damages. AHPC shall not be responsible or liable for any indirect, consequential, or special damages of any type or nature whatsoever and howsoever arising, including, without limitation, loss of profits, loss of income, loss of business opportunity, business interruption, loss or use and/or loss of ability to use undamaged component or system parts, whether resulting from negligence, breach of contract, or otherwise, and regardless of whether such damages may have been foreseeable by any person or entity.

9. LIMITATION OF LIABILITY.Except as noted in this Contract, above, AHPC’s liability with respect to the services, whether for loss, damage, delay, shortage, misdelivery, failure to provide service or otherwise, shall not be the responsibility of AHPC. AHPC shall not be liable to Customer or any other claiming with respect to the services or goods, whether for loss, delay, shortage, misdelivery, failure to prove service or otherwise, or in tort, contract or upon any other theory, other than as set forth herein, and Customer agree to indemnify and hold harmless (including legal fees and costs) AHPC of and from any loss, damage, expense, liability, claim and/or suit arising out of or in any fashion relating to the services and/or goods other than as specifically allocated to AHPC herein.

10. LIABILITY FOR LOSS, DAMAGE, ETC. OF SERVICES AND/OR GOODS.
AHPC’s liability with respect to the services, as it relates to Customer any other person or entity claiming with respect to the services, and whether for loss, damage, delay, shortage, misdelivery, failure to provide service or otherwise, shall be only as follows:
a. Exceptions. AHPC shall not be liable for loss, damage, delay, shortage, misdelivery, failure to provide service or other result caused by: act of God; peril of the sea or air; act of terrorism; act of a public enemy; act of war; act of public authority or other with apparent public authority; fire, unless caused by the actual fault or privity of AHPC; quarantine; act or omissions, their agent or representative; strike, lockout or other labor dispute; sabotage; riot or other civil commotion; wastage in bulk or weight or arising from the nature of the goods; inherent vice; improper or insufficient packing, securing, packaging, marking or addressing; latent defect not discoverable by due diligence; compliance with instructions from AHPC; and/or any other cause arising without the actual fault and privity of AHPC, its agents, and representatives.

11. LIEN.
AHPC shall have the option of lien upon all real and/or personal property hereunder, which lien shall survive services rendered, to secure payment of sums due hereunder. Further, Customer grants AHPC a consensual lien upon all Customer’s real and/or personal property subsequently in the possession of AHPC to secure payment of all charges due hereunder. AHPC may assert such lien rights at any time, including withholding services until full payment is made and/or public or private sale of the personal property; sale proceeds shall be first applied to all costs of sale, then to sums due AHPC, with the balance to be paid to Customer. Customer consents and acknowledges that AHPC is entitled to enforce liens against Customer’s property related to all services rendered to Customer. Customer grants AHPC limited power of attorney to execute all documents necessary to file, perfect, and enforce the liens. These liens include, without limitation, liens in favor of AHPC for performance of labor or service upon Customer’s property, pursuant to Florida Statute (“Fla. Stat.”) 713.001-713.37, Fla. Stat. 713.58, Fla. Stat. 85.031, and Fla. Stat. 679.2031. Pursuant to Florida Statute 713.015, those who work on Customer property or provide materials, and are not paid-in-full, have a right to enforce their claim for payment against Customer property. This claim is known as a construction lien.

Accordingly, Customer is placed on notice of the following provision:
ACCORDING TO FLORIDA’S CONSTRUCTION LIEN LAW (SECTIONS 713.001-713.37, FLORIDA STATUTES), THOSE WHO WORK ON CUSTOMER PROPERTY OR PROVIDE MATERIALS AND SERVICES AND ARE NOT PAID IN FULL HAVE A RIGHT TO ENFORCE THEIR CLAIM FOR PAYMENT AGAINST CUSTOMER’S PROPERTY. THIS CLAIM IS KNOWN AS A CONSTRUCTION LIEN. IF CUSTOMER’S CONTRACTOR OR A SUBCONTRACTOR FAILS TO PAY SUBCONTRACTORS, SUB-SUBCONTRACTORS, OR MATERIAL SUPPLIERS, THOSE PEOPLE WHO ARE OWED MONEY MAY LOOK TO CUSTOMER PROPERTY FOR PAYMENT, EVEN IF CUSTOMER HAVE ALREADY PAID CUSTOMER’S CONTRACTOR IN FULL. IF CUSTOMER FAIL TO PAY CUSTOMER’S CONTRACTOR, CUSTOMER CONTRACTOR MAY ALSO HAVE A LIEN ON CUSTOMER PROPERTY. THIS MEANS IF A LIEN IS FILED CUSTOMER’S PROPERTY COULD BE SOLD AGAINST CUSTOMER’S WILL TO PAY FOR LABOR, MATERIALS, OR OTHER SERVICES THAT CUSTOMER MAY HAVE FAILED TO PAY. TO PROTECT CUSTOMER, CUSTOMER SHOULD STIPULATE IN THIS CONTRACT THAT BEFORE ANY PAYMENT IS MADE, CUSTOMER’S CONTRACTOR IS REQUIRED TO PROVIDE CUSTOMER WITH A WRITTEN RELEASE OF LIEN FROM ANY PERSON OR COMPANY THAT HAS PROVIDED TO CUSTOMER A “NOTICE TO OWNER.” FLORIDA’S CONSTRUCTION LIEN LAW IS COMPLEX, AND IT IS RECOMMENDED THAT CUSTOMER CONSULT AN ATTORNEY.

12. SUBCONTRACTING.
AHPC shall be entitled to subcontract on any terms the whole or any part of the services hereunder. AHPC shall be authorized to subcontract with affiliated and related entities, which shall be considered as dealing with third parties.

13. EXTENSION OF BENEFITS.
All limitations upon, and exceptions and defenses to, liability granted to AHPC pursuant to this agreement shall be deemed automatically extended to all parent, subsidiary and affiliated entities and all subcontractors of Carrier, and the members, directors, officers, employees and agents of each of the foregoing.

14. AUTOMATIC RENEWAL.
This Service Contract will be automatically renewed at the same terms per renewal terms unless Customer opt out in Customer’s subscription settings and/or cancel at least 15 days before the renewal date.

15. GOVERNING LAW AND FORUM.
Any disputes resulting from this Contract or AHPC's services shall be construed and enforced under the laws of the State of Florida. Customer hereby submits to the jurisdiction of the State and Federal Courts sitting in Miami-Dade County, State of Florida and waives any objection to venue with respect to actions brought in such courts.
a. EACH OF THE PARTIES HEREBY WAIVES THE RIGHT TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING BASED UPON, ARISING OUT OF, OR IN ANY WAY RELATING TO: (A) THIS AGREEMENT; OR (B) ANY OTHER PRESENT OR FUTURE INSTRUMENT OR AGREEMENT BETWEEN CUSTOMER AND AHPC; OR (C) ANY CONDUCT, ACTS OR OMISSIONS OF CUSTOMER OR AHPC OR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, ATTORNEYS, OR ANY OTHER PERSONS AFFILIATED WITH CUSTOMER OR AHPC; IN EACH OF THE FOREGOING CASES, WHETHER SOUNDING IN CONTRACT OR TORT OR OTHERWISE.

16. RESERVATION OF RIGHT.
AHPC reserves the right to delete any item which in the future may be considered or become obsolete, AHPC also reserves the right at its sole discretion to add additional services which add value to its members, as well as subcontract for any service in order to meet its servicing responsibilities to its members.

Opt-in Terms & Conditions
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