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<br />THIS CONTRACT SUBJECT TO THE TERMS AND CONDITIONS LISTED BELOW <br /> <br />1. The terms set forth in this agreement are intended as the complete and exclusive statement of the contract and may not be <br />contradicted by evidence of any prior agreement or of a contemporaneous oral agreement. Only a memorandum signed by both <br />parties and their authorized agent may amend this contract with the exception of the SwedeBro Expectation Form which may be <br />signed by the customer only. Any changes to this contract may subject Buyer to additional charges. <br /> <br />2. Seller will complete work as expediently as possible once started and begin work within terms agreed to. Seller is not <br />responsible for delays beyond his control. <br /> <br />3. This agreement is the actual order of the items listed above and it is understood that all items are custom <br />made and all work is custom. Deposit is non-refundable. In the event of the buyer's death prior to completion of work, <br />job is to be completed whether or not it has begun and buyer's estate or spouse is responsible for payment. In case of sale of <br />home, contract may be terminated upon payment to Seller of a sum equal to one third of the remaining balance. <br /> <br />4. Balance of money is due upon completion of work. If claim for payment is placed in the hands of an attorney for collection, <br />Buyer agrees to pay Seller a reasonable attorney's fee fixed by the court. <br /> <br />5. Except as provided in writing, Seller does not warrant the goods covered by this agreement and no other warranty <br />expressed or implied is made by Seller. <br /> <br />6. Seller is not responsible for sub-surfaces such as concrete or wood during the installation due to the fact the prior conditions <br />of the surfaces cannot be determined. Any problems that occur due to these sub-surfaces can not be warranted. This includes <br />moisture transmission and hydrostatic pressure in concrete. Any defects in sub-surface will not be addressed unless listed above <br /> <br />7. Satisfactory completion of the items listed is determined by the Seller and not by the Buyer. <br /> <br />8. Seller will make every reasonable effort, in advance, to protect shrubs, landscaping and all adjacent areas from damage; <br />however, Seller cannot warranty these areas against possible damage. <br /> <br />9. Seller will not assume responsibility of damage caused by non-recommended maintenance procedures. <br /> <br />10. If an unauthorized person services the surface, any warranty is automatically voided and Seller assumes no liability or <br />responsibility for damage. <br /> <br />11. In cases where buyer does not own the home or business to which Seller is installing surface, buyer represents that he has <br />permission of owner to install surface and is fully responsible for completion of contract. <br /> <br />12. Warranty is void with regard to any part or parts subject to abuse, neglect, or accidental causes including but not limited <br />to: fire, flood, acts of God, and war. <br /> <br />13. It is agreed that Seller shall not be liable for any defect or damage resulting from installations requested by Buyer that <br />depart from accepted installation methods. <br /> <br />14. Condominium owners, homeowners, and business owners responsible to associations or boards represent that they have or <br />will obtain any necessary approvals. <br /> <br />15. Buyer grants Seller permission to photograph the installation and installation site and use such photographs in future sales <br />presentations and advertising. <br /> <br />16. In cases of financial contract, other instruments make all disclosures. <br /> <br />17. Buyer must notify Seller a minimum of 48 hours (not including weekends) prior to the scheduled start day of any delays or <br />postponement. If Seller is not notified at least 48 hours in advance, additional charges will be added. <br /> <br />18. Seller hereby notifies the Buyer that a Mechanic's Lien may be filed on any unpaid <br />balances after 30 days. <br />