TERMS & CONDITIONS
Unless otherwise directed by customer, if this contract includes installation, it is a construction contract which is an agreement between the Contractor and the Owner to alter, improve, repair, replace, or erect real property. It is expressly agreed that title to and ownership of the fixtures included in a construction contract pass to the Owner upon permanent and complete installation of the fixtures to real estate. A construction contract will include a surcharge (S/C) to cover the non-itemized expenses incurred in the fulfillment of the construction contract. If this contract does not include installation or if it is a contract with a valid tax-exempt organization or if a valid resale/exemption certificate has been issued or if a direct pay permit has been issued or if the project is to be completed outside the states of Missouri or Illinois, it is a sale of tangible personal property and it is expressly agreed that title and ownership of the fixtures pass upon delivery, prior to installation. All taxable sales of tangible personal property will have the appropriate sales tax (S/T) charged on the invoice.
The tax amount shown on this invoice has been calculated per a tax code as determined by the type of job being completed; the first and second paragraphs of this document control as to whether a sales tax or a surcharge is calculated while the type of job determines the rate. Regardless of the rate and type calculated, due to program limitations all of these amounts are listed on the invoice as a single tax amount with varying rates. All of the appropriate sales and or use taxes are being remitted to the various states and counties by Brandkamp Cabinets LLC per the tax code assigned.It is expressly understood and agreed that any specified completion date is only a target date and that contractor will make its best efforts to meet such date, however contractor will not be responsible for any delays beyond its control, including but not limited to, delays caused by weather, fire, accidents strikes or any other type of a lockout. There is no agreement regarding this order other than what is specifically contained herein. Any part of this agreement contrary to the laws of any state shall not invalidate any other part thereof. All cabinets products included herein are being manufactured in Montgomery City MO and are guaranteed against any defect in material or workmanship.
It is expressly understood and agreed that payment in full shall be due upon completion of installation or delivery unless prior arrangements have been made and agreed to. Interest at the rate of 1% per month shall accrue on any unpaid balance thereafter until paid in full. In the event this contract shall be placed for collection, the Owner shall be responsible for payment of all costs of collection, service charges and legal/attorney fees which shall accrue and be due and payable hereunder in addition to the balance due and owing, including interest thereon.
NOTICE TO OWNER
Failure of this Contractor to pay those persons supplying material or services to complete this contract can result in the filing of a mechanics lien on the property which is the subject of this contract pursuant to Chapter 429, RsMo. To avoid this result you may ask this Contractor for “lien waivers” from all persons supplying materials or services for the work described in this contract. Failure to secure lien waivers may result in your paying for labor and material twice.