Sales Are Final and Contract Enforceability Clause

This Sales Final and Contract Enforceability Clause (“Clause”) is an integral part of the agreement (“Agreement”) entered into between the parties (“Parties”) as of [Effective Date], governing the sale of [Product/Service] (“Product/Service”) by The 30A Fence Company to the Homeowner. 

**1. Sales are Final:**

1.1 All sales made under this Agreement are considered final. Once the Homeowner has placed an order and payment has been received by The 30A Fence Company, the sale is irrevocable, and no refunds or returns shall be accepted, except as expressly provided otherwise in this Agreement.

1.2 The Homeowner acknowledges and agrees that they have had the opportunity to inspect the Product/Service, ask any questions, and seek any necessary clarifications before making the purchase. Any concerns or inquiries should be addressed prior to the completion of the transaction.

**2. Contract Enforceability After Expiry of 3-Day Right of Recision:**

2.1 The Homeowner has a right of rescission, allowing them to cancel this Agreement within three (3) days from the date of purchase (“Right of Recision Period”) by providing written notice of cancellation to The 30A Fence Company.

2.2 Upon the expiration of the Right of Recision Period, this Agreement shall be deemed fully enforceable, and both Parties shall be bound by its terms and conditions without exception.

2.3 The Homeowner acknowledges that the Right of Recision Period is provided to afford them an opportunity to reconsider their purchase and is a limited exception to the “Sales are Final” provision set forth in Section 1 of this Clause.

**3. No Oral Modifications:**

3.1 This Clause constitutes an integral and inseparable part of the Agreement, and no modifications, amendments, or waivers of its provisions shall be valid unless made in writing and signed by both Parties.

**4. Governing Law:**

4.1 This Clause and the Agreement shall be governed by and construed in accordance with the laws of Florida, without regard to its conflict of laws principles.

**5. Entire Agreement:**

5.1 This Clause, together with the Agreement, constitutes the entire understanding between the Parties concerning the subject matter herein and supersedes all prior and contemporaneous agreements, representations, warranties, and understandings, whether written or oral.

CONSTRUCTION LIEN LAW DISCLOSURE

According to Florida law, those who work on your property or provide materials, and are not paid-in-full, have a right to enforce their claim for payment against your property. This claim is known as a construction lien. If you fail to pay The 30A Fence Company in accordance with your contract; The 30A Fence Company will file a construction lien. Here are the responsibilities of both parties:

Responsibilities of the Property Owner:

• You have the right to request a list of all subcontractors and suppliers (if any) involved in the project from The 30A Fence Company.
• Ensure that payments are made to The 30A Fence Company as outlined in the agreement (“Agreement”) entered into between both parties .
• Request and retain copies of all lien releases from subcontractors and suppliers (if any) as payments are made.

Responsibilities of The 30A Fence Company:

• Provide the property owner with a list of subcontractors and suppliers working on the project.
• Ensure that subcontractors and suppliers are paid promptly to prevent lien claims against the property.
• Provide a Final Payment Affidavit upon request, confirming that The 30A Fence Company and all subcontractors and suppliers have been paid.

CONSTRUCTION DEFECT DISCLOSURE

The 30A Fence Company is obligated to include a construction defect disclosure that informs the Homeowner that to the extent there is a construction defect, Chapter 558 of Florida Statues will control. Chapter 558 in short is a procedure that exists prior to a lawsuit to give the Homeowner and the contractor an opportunity to resolve claims regarding construction defects.

RECOVERY FUND DISCLOSURE

This disclosure is required for any contract between The 30A Fence Company and residential homeowners in excess of $2,500. The disclosure informs the homeowner that to the extent the contractor violates one of the provisions of Chapter 489, which includes financial mismanagement or any type of fraud committed by the contractor. The homeowner may be able to recover his or her loses from the recovery fund – a fund maintained by the state solely for the purpose of compensating owners because of the violations of contractors.

If you have questions about our legal disclosures, please get in touch with us.

Updated: SEPTEMBER 2023