PROPOSAL/CONTRACT: This Proposal Is Subject To Acceptance Within 30 Days (Unless Otherwise Specified And Is Void There After At The Sole Option Of Wize Home Direct). The Proposal, When Accepted And Signed By All Parties, Shall Become A Legally Binding Contract Obligating You To Purchase The Described Goods And Services For The Stated Price In Accordance With The Terms And Conditions Set Forth Herein.
DEFINITIONS: The Term “You” Or “Your” Shall Mean “Purchaser”, The Term “We” Or “Our” Or The “Company” Shall Mean Wize Home Direct.
PAYMENT: Customer Agrees That The Entire Contract Price Shall Be Paid Immediately Upon Completion Of The Installation. Payments May Be Given To Installers At Time Of Completion.
INSURANCE: The Company Will Carry General Liability, Workers Compensation And Other Such Insurance As May Be Necessary From The Beginning To Completion Of The Installation.
SCHEDULING OF INSTALLATION: The Commencement Of Installation May Be Affected By Several Factors, Including But Not Limited To The Current Workload At The Time The Contract Is Signed; The Completion Of Financing Arrangements; Weather, Or Other Work To Be Completed Prior To Installation. You Do Not Need To Be Present On The Day Of Installation. Weather Related Delays Cause Variations In Our Schedule. We Make Every Effort To Meet Installation Schedules. It Becomes Necessary To Reschedule A Job Because Of Delays In Completing Prior Installations. We Shall Schedule Work With Practical Weather Conditions. Delays Caused By Inclement Weather Shall Be At The Discretion Of Company Or Installation Crew.
WARRANTY: The Warranty, If Any, Will Become Valid Once The Contract Is Paid In Full. Except As Otherwise Provided, Only Materials Purchased And Installed By The Company Are Warranted. Company Will Cover The 1st Year On An Installation Warranty Basis Only. Everything Else Is Subject To The Manufacturer Warranty, And Charges For Any Labor Or Materials Will Be Charged Accordingly After The 1st Year Of The Installation Warranty. With Respect To Any Product Purchased That Covers Gutters The Unique Design Makes It An Effective Debris Shedding System. However, No Product That Covers The / Your Gutter System Will Keep 100% Of Debris Out. It Is Possible For A Small Amount Of Debris To Enter, Which Will Wash Out Through The Downspouts. It Is Important To Understand That A Small Amount Of Debris In The Gutter Is Not A Clog. Except As Expressly Stated Herein, There Are No Other Warranties, Express Or Implied, By Operation Of Law Or Otherwise, Of The Goods Or Services Furnished Under This Contract By Company. Company Specifically Disclaims Any Implied Warranty Or Fitness For A Particular Purpose Or Arising From A Course Of Dealing Or Usage Or Trade. Company Shall Have No Other Liability To Customer In Connection With The Goods Or Services Furnished Under The Contract, Including Without Limiting The Generality Of The Foregoing, Any Liability For Direct, Indirect, Special Or Consequential Damages Or Any Injury Or Damages To Persons And Property. The Company Shall Have No Liability To A Customer For Any Product Liability Claim And Customer Shall Indemnify And Hold Company Harmless As To Any Personal Injury Claim Relating To Use Of The Goods Provided By Company.
OTHER WORK/CONTRACTORS/PERMITS: Any Work Outside This Contract That The Purchaser Has Committed To Complete Prior To The Installation Must Be Finished Before We Schedule The Work. If We Arrive At The Job And Cannot Start Or Complete The Installation Customer Agrees To Pay The Company a $200.00 Trip Charge. The Customer Is Responsible For Securing And Paying The Cost Of All Necessary Building Permits. If Work Not Originally Contracted Is Added At Time Of Installation, Purchaser Must Agree To Scope Of This Work In Writing And Agree To Additional Cost, As Indicated.
ROOF CONDITION REPLACEMENT The Company Shall Not Be Responsible For The Existing Condition Of The Roof. Any Act By Any Third Party Resulting In The Changing, Alteration, Modification, Removal And/ Or Re-installation Of A System Shall Void The Warranty. Flashing Or Drip Edge Is Not Included With Any Of Our Installations. Due To Leaks And Pre Existing Damage, Existing Shingles That Are Too Short May Require Drip Edge And Or Flashing By A Separate Roofing Contractor Prior To Gutter Installations. We Do Not Install Drip Edge Or Flashing Under Roofs Due To Manufacturer Roofing Warranties.
OVERSHOOTING: Rain Water May Overshoot The Gutter System In Certain Rain Conditions.
WINTER CONDITIONS: Expect Icicles And Associated Dripping When Freeze / Thaw Conditions Exist. This Dripping Will Often Lead To Ice Formation On Walkways, Sidewalks, Porches And Driveways. Expect Slippery Conditions Below Gutter System.
OBSTRUCTIONS: If Electrical, Telephone Or Cable TV Lines Are Located In The Way Of Removal Of Existing Downspouts Or Installation Of Gutters, It Is The Purchaser’s Cost & Responsibility To Remove Them & Reattach Them.
CREDIT CARD AUTHORIZATION:
The Homeowner Hereby Authorizes Wize Direct To Charge The Credit or Debit Card In An Amount Specified For Full Payment Or Deposit Toward The Project, Product, & Services Described In This Invoice. The Credit User Will Take Full Responsibility For This Payment And Agrees To Pay The Amount Charged To The Issuing Bank.
GENERAL CONDITIONS: This Contract Constitutes The Complete Integration Of All Statements And Agreements Relating To The Contract And There Are No Representations, Whether Oral Or Written, Inducements, Guaranties, Warranties Or Considerations Other Than Those Expressly Incorporated Herein Nor Is This Contract Dependent Upon Or Subject To Any Conditions Or Approvals Precedent Or Subsequent Not Herein Stated. No Subsequent Agreement Relating Hereto Shall Be Binding Upon Customer Or The Company Unless In Writing And Signed By Each Party Being Bound. Any Portion Of The Contract Found To Be Unenforceable By A Court Of Competent Jurisdiction Or Arbiter Will Not Invalidate The Remaining Portions Of The Contract.
Customer And Company Expressly Acknowledges & Agrees That No Electrical Services, Plumbing Services, Or HVAC Services Have Been Estimated, Performed, Or Provided. Any Plumbing & Electrical Requirements Shall Be Paid To A 3rd Party Vendor Directly By Client.
Client Acknowledges That This Is The Only Type Of Paperwork (Excluding Financing Arrangements) That Is Being Generated As In The Invoice Agreement. The Software Does Not Provide You Alternative Styles Of Line Item Cost For The Project Cost Formulation Other Than A Total Sum Amount With The Descriptions. At Times Clients Feel The Need To Make The Request For This Information After A Project Is Complete. Any Questions Regarding This Matter Should Be Asked Prior To Signing This Agreement As This Will Be Whats Provided To You.
You Hereby Grant Wize Home Direct If It Chooses The Irrevocable Right And Permission To Use Photographs And / Or Video Recordings Of Me And Or My Home On Company Websites And Other Websites And In Publications, Promotional Flyers, Educational Materials, Derivative Works, Or For Any Other Similar Purpose Without Compensation To Me.
I Understand And Agree That Such Photographs And / Or Video Recordings Of Me May Be Placed On The Internet. I Also Understand And Agree That I May Be Identified By Name And / Or Title In Printed, Internet Or Broadcast Information That Might Accompany The Photographs And / Or Video Recordings Of Me. I Waive The Right To Approve The Final Product. I Agree That All Such Portraits, Pictures, Photographs, Video And Audio Recordings, And Any Reproductions Thereof, And All Plates, Negatives, Recording Tape And Digital Files Are And Shall Remain The Property Of Wize Home Direct.
I Hereby Release, Acquit And Forever Discharge Wize Home Direct And Its Agents From Any And All Claims, Demands, Rights, Promises, Damages And Liabilities Arising Out Of Or In Connection With The Use Or Distribution Of Said Photographs And / Or Video Recordings, Including But Not Limited To Any Claims For Invasion Of Privacy, Appropriation Of Likeness Or Defamation. This Release Is Binding On Me And My Heirs, Assigns And Personal Representatives.
Delay In Completion Caused By Strikes, Weather Accidents And Other Causes Beyond The Control Of The Company Shall Not Operate As A Forfeiture Of The Contract, Nor Shall The Company Be Liable To Purchaser For Damages Occasioned Thereby, Time Not Being The Essence Of The Contract.
Customer And Company Expressly Acknowledge And Agree That All Claims Arising Out Of Or Related To This Contract Which Are Submitted To The American Arbitration Association (“AAA”) By The Party Initiating Such Claim(s) Shall Be Settled By Binding Arbitration In Accordance With The Commercial Arbitration Rules Of The American Arbitration Association (“AAA”) Pursuant To The Federal Arbitration Act (“FAA”). All Other Claims Arising Out Of Or Related To This Contract Except By The Mutual Written Agreement Of The Customer And Company, Shall Be Resolved By Court Of Competent Jurisdiction Thereto. The Prevailing Party In Any Arbitration, Court Action To Compel Arbitration, Or Other Action Arising Out Of Or Related To This Contract Shall Be Entitled To Collect From The Non-Prevailing Party All Reasonable Attorney’s Fees, Costs And Other Expenses The Prevailing Party Incurred In Such Action And In Any Subsequent Efforts To Collect The Amount Awarded. Customer Understands That By Agreeing To Arbitration It Is Waiving Any Rights It May Otherwise Have To A Jury Trial. Nothing Herein Shall Exclude Any Other Rights Or Remedies To Which Company Is Entitled By Law Or Equity. Nothing Herein Shall Exclude Any Other Rights Or Remedies To Which Company Is Entitled By Law Or Equity.
Customer Agrees To Indemnify And Hold Company Harmless, And Assume Any Legal Liability To Defend Company, Its Agents, Employees, Officers And Directors, From Any Claim Or Action By Any Third Party Arising Out Of The Performance Or Work Pursuant To The Contract Except Those Claims Or Actions Arising Out Of Incidents Caused By Employees Or Agents Of The Company.
All The Terms And Conditions Of This Contract Shall Be Binding Upon, Shall Inure To The Benefit Of, And Shall Be Enforceable By The Respective Heirs, Beneficiaries, Personal Representatives, Successors And Assigns Of The Parties Of This Contract. This Agreement Is For The Benefit Of The Parties, Their Successors And Assigns, And Is Not For The Benefit Of Any Third Party. Any Term Of This Contract Which Is Found To Be Ambiguous Shall Not Be Construed Against The Company.
NOTICE OF CANCELLATION (The Date E-Signed) You May Cancel This Transaction, Without Penalty Or Obligation, Within Three Business Days From The Above Date On Page 1. If You Cancel, Any Property Traded In, Any Payments Made By You Under The Contract Or Sale, And Any Negotiable Instrument Executed By You Will Be Returned Within 10 Business Days Following Receipt By The Seller Of Your Cancellation Notice, And Any Security Interest Arising Out Of The Transaction Will Be Cancelled. If You Cancel, You Must Make Available To The Seller At Our Residence, In As Substantially As Good Condition As When Received, Any Goods Delivered To You Under This Contact Or Sale, Or You May If You Wish, Comply With The Instructions Of The Seller Regarding The Return Shipment Of The Goods At The Seller’s Expense And Risk. If You Do Make The Goods Available To The Seller And The Seller Does Not Pick Them Up Within 20 Days Of The Days Of Your Notice Of Cancellation, You May Retain Or Dispose Of The Goods Without Any Further Obligation. If You Fail To Make The Goods Available To The Seller, Or If You Agree To Return The Goods To The Seller And Fail To Do So, Then You Remain Liable For Performance Of All Obligations Under The Contract. If You Decide To Cancel Your Contract After Rescission Prior To Any Work Material Being Provided The Company At Its Sole Discretion May Retain 50% Of The Deposit Amount For All Pre Planning Preparation Services Performed To Cancel This Transaction, Mail A Signed And Dated Notice To Wize Home Direct No Later Then Midnight Of The Date Three Business Days After This Agreement Is E-Signed.
CREDIT NOTICE: IF THIS IS A CREDIT SALE, ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICE OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HERE UNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HERE UNDER. THIS CONTRACT AND AND THE DISCLOSURE STATEMENTS ARE MADE PART HEREOF, COPY OF WHICH IS ACKNOWLEDGED, CONTAIN THE AGREEMENT BETWEEN THE PARTIES, THERE BEING NO VERBAL AGREEMENTS NOT INCLUDED HEREIN.
Please Read The Following Important Information Carefully. As Part Of Your Relationship With Us, You Have The Right To Receive Certain Information “In Writing” – Which Means You Are Entitled To Receive Such Information On Paper. The Federal E-SIGN Act And Certain State Laws Allow Us To Provide This Information To You Electronically, Instead. To Better Serve You, We Need Your Consent To Use Electronic Records (Defined Below) In Our Relationship With You Generally. This Document Informs You Of Your Rights When Receiving Electronic Records From Us In Connection With Any Program For Which You Are Apart Of Or Apply (“Account”). You Must Read The Terms Outlined Below, Definitions. For Purposes Of This Consent To Electronic Records And Communication, The Following Terms Have The Following Meaning:
“We,” “Us,” And “Our” Refer To Your Lender And Its Current And Future Affiliates, Agents, And Assigns And Any Other Person Or Entity Who Provides Services Related To Your Account, Including The Program. “You” And “Your” Means The Person Giving This Consent, And Also Each Additional Applicant, Account Holder, Authorized User, And Account Contact On Any Program You Apply For. “Electronic Records” Are Any Legally-Required Disclosures, Agreements, Account Information, Notices, Statements, And Other Information To You Electronically. Electronic Records May Include, But Are Not Limited To, Applicable Disclosures Pursuant To The Equal Credit Opportunity Act And Regulation B; E-SIGN Act Disclosure And Consent; The Truth In Lending Act And Regulation Z; the Gramm-Leach-Bliley Act And Regulation P; And Any Other Federal, State Or Local Law, Or Regulation Applicable To Your Application Or Account.
By Agreeing To This Consent To Electronic Records And Communication, You Acknowledge Receipt Of This Document, Consent To The Use Of Electronic Records And Electronic Signatures In Connection With Your Account (Collectively, “Your Consent”). Your Consent Is Effective Until You Withdraw Your Consent. We May Always, In Our Sole Discretion, Provide You With A Document In Writing, Even When You Have Chosen To Receive It Electronically, Doing Business Electronically. Before You Decide To Do Business Electronically With Us, You Should Consider Whether You Have The Required Hardware And Software Capabilities Described Below. Hardware And Software Requirements. To Access And Retain Electronic Records Electronically, You Will Need To Use Computer Software And Hardware. A Means To Retain Documents By Printing Or Storing Electronically, A Valid Email Address, And A Personal Computer, Mobile Device, Or Other Device Capable Of Supporting The Requirements Listed Above. If These Requirements Change In A Way That Creates A Material Risk That You Would Not Be Able To Receive Or Retain Your Electronic Records, We Will Notify You. Continuing To Use Electronic Account Services After Receiving Notice Of The Change Is Reaffirmation Of Your Consent.
You Provide Your Consent And Agree That We May Contact You For Any Lawful Reason, Including, But Not Limited To, In Connection With Your Application And Account, Including For The Collection Of Amounts Owed To Us. We May Contact You At such Addresses Or Numbers (Including Wireless Cellular Telephone Numbers And Ported Landline Numbers) As You May Provide To Us From Time To Time. We May Use Any Means Of Communication, Including, But Not Limited To, Postal Mail, Telephone, Electronic Mail, Text Messaging, Voice Messages, Or Other Technology, To Reach You. You Agree That We May Use Automated Dialing And Announcing Devices Which May Play Recorded Messages. We May Also Send Text Messages To Your Telephone And You May Withdraw Your Consent To Use Automated Dialing Systems And Pre-Recorded Messages In Connection With Your Mobile Telephone Number At Any Time By Contacting Us At (828) 212-0580 Or 5008 Hickory Blvd. Hickory NC 28601.
By Providing Your Consent, You Acknowledge That You Have The Technical Ability To Access The Electronic Records In The Formats Described Above; Acknowledge That You Have Read The Information About Electronic Records And Communication Consent To Having Legally-Required Disclosures, Agreements, Account Information, Notices, Statements, And Other Information Provided Or Made Available To You In Electronic Form And Doing Business With Us Electronically; Acknowledge That You May Request Paper Copy Of An Electronic Record At No Charge To You; And Indicate Your Intent To Utilize Electronic Signatures And Or To Apply For Credit And Process Transactions On Your Account. Telephone Monitoring And Recording. You Agree That We May Monitor And / Or Record Phone Calls To Ensure That You Receive Quality Service And For Training Purposes. Communicating With You; Consent to Contact by Electronic And Other Means. You Agree That, To The Greatest Extent Got Prohibited By Applicable Law, We May Contact You As Provided In This Paragraph. We May Contact You For Any Lawful Reason, Including For The Collection Of Amounts Owed To Us. No Such Contact Will Be Deemed Unsolicited. You Consent To Us (And Any Other Owner Or Servicer Of Your Account) Contacting You About Your Account. We May Contact You At Such Addresses Or Numbers (Including Wireless Cellular Telephone Numbers, Ported Landline Numbers, VOIP Or Other Services) As You May Provide To Us From Time To Time. We May Use Electronic Communication, Including, But Not Limited To, Postal Mail, Electronic Mail, Telephone Or Other Technology, To Reach You. You Agree That We May Use Automatic Dialing And Announcing Devices Which May Play Recorded Messages. We May Also Send Text Messages To Your Telephone. You May Contact Us At Any Time To Ask That We Not Contact You Using Any Variety Of Technologies.