Heintz Designs Restorations requires a 40% down payment before the restoration process will begin. Every thirty days after the initial payment is made you receive a monthly invoice for 15% of the estimated contract price throughout the restoration. If the restoration is finished before the end of 5 months the remaining balance will be due at the time the trailer is completed. The final payment will be adjusted according to the remaining balance. If any change orders have been made the final payment will reflect any changes in the scope of work throughout the restoration. If at any point a monthly payment is delayed, missed or the client wants to hold off paying for any amount of time all work will stop. Trailers that have worked stopped for longer than a two month period will be subjected to monthly storage charge of $225.00 per month. Materials and contracted services will include the cost of advertising and any other cost associated with obtaining the materials for the restoration project. Customer acknowledges that there are many unknown variables associated with the cost of their restoration project, including, but not limited to, cost of labor and services, condition of wood, frame, inner body construction, other structural components, general mechanical condition, availability and cost of parts. Therefore, it is impossible for us to provide an accurate estimate of total cost of your restoration project, and no such estimate has been given to you, orally or otherwise, unless indicated in writing and signed by both parties and attached to this agreement. By signing this agreement, the customer agrees, and understands that the estimate given can run 15% more or less than the final estimated price included in this contract.
Customer initials: _________________ Date: _________________
Customer will make an initial down payment to Heintz Designs Restorations in the sum of 40% of the Restoration.
Any account that has not been paid within thirty (30) days after receipt of the invoice will be subject to a late pay charge at the rate of seven percent ( 7% ) per month on the unpaid balance.
Customer agrees to pay our reasonable attorney fees incurred in collecting any invoices that are more than 60 days past due. Should you be unable to make the next phase down payment or the final payment, please notify Heintz Designs Restorations in writing so that we can adjust the work schedule or suspend work to conform with you payment schedule. We encourage you to discuss the situation with us so that we can try to accommodate a special arrangement.
If Heintz Designs Restorations discontinues or suspends work on your vehicle prior the completion of the restoration project due to delays in payments, Heintz Designs Restorations will not be responsible for maintenance, upkeep or any longevity of work already performed. Should any rework need to be done, it will be at the full expense of the customer. If you fail to retrieve your trailer 4 months after final payment is rendered, unless otherwise agreed to in writing, Heintz Designs Restorations is authorized to dispose of the vehicle and any other property associated with the trailer as we see fit. Customer will be provided written notice at least ten (10) days in advance of our intent to dispose of the property. The notice will be sent to the last address on file, with address correction requested. Any funds received from the disposal of your vehicle and property will be applied to you indebtedness to Heintz Designs Restorations for unpaid contracted services, including charges for storage, removing and selling the property. The enforceability and interpretation of this agreement and any matters arising out of the relationship between the parties bound by this agreement shall be governed by the laws of the State of Florida.
Heintz Designs Restorations is committed to providing the highest quality and most authentic restoration reasonably possible. The condition of your vehicle and your financial commitment to the restoration project are keys to our success. Many parts, particularly mechanical parts, will be the existing old parts whose durability we cannot guarantee. We cannot guarantee the condition of your vehicle as a new trailer manufacturer would; however, we do give a limited warranty against certain defects in workmanship or materials and will pass along to you any warranty applicable to parts manufactured or supplies to us by others. We encourage you to contact us or schedule a time to visit your vehicle as work proceeds. If you have any questions about materials being used or work being performed, please ask. We want you to be satisfied with your restoration project. This agreement is understood to be the complete and exclusive agreement between Heintz Designs Restorations and the Customer, superseding all prior agreements, oral or written, and all other communications between the parties relating to the subject matter of this agreement, unless modified in writing and signed by both parties. No employee of Heintz Designs Restorations or any other party is authorized to change or add to the terms of this agreement.
I have fully read this agreement and understand and agree to the terms and conditions as outlined in this document.
Customer Printed Name Date
Heintz Designs Restorations warrants to its original customer that the service performed on the customer’s vehicle or any component restored or manufactured, shall be free from defect in material or workmanship for a period of 30 days from delivery of the vehicle or component to the customer. Should the customer find a defect in material or workmanship during this term, the customer must promptly notify Heintz Designs Restorations in writing. Any notification received by Heintz Designs Restorations later than 30 days of delivery date shall not be honored. Heintz Designs Restorations will correct any such defect in material or workmanship with either new or used replacement parts, at their discretion, within a reasonable time after written notification from the customer. If for any reason Heintz Designs Restorations is unable to repair any defect, Heintz Designs Restorations, at its sole election, shall be entitled to refund the price paid by the customer for components or the portion of the price paid for work performed on the portion of the vehicle or component found to be defective. These remedies are the customer’s exclusive remedies for breach of warranty. Heintz Designs Restorations does not warrant any product, component or part restored or manufactured by them, but will pass any warranty with respect to such products or components by the original manufacturer to the customer. Specifically, the warranty does not apply to products, components or parts not restored or replaced by Heintz Designs Restorations.
This warranty does not cover damage to any vehicle, product or component or part caused by improper use, damage during shipment, or any other abuse or misuse by the customer. Nor does it cover normal wear or use of the vehicle during the 30 day period.
THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO CASE SHALL HEINTZ DESIGNS RESTORATIONS BE LIABLE FOR ANY SPECIAL, INCIDENTIAL OR CONSEQUENTIAL DAMAGES BASED UPON BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT OR ANY OTHER LEGAL THEORY. THIS LIMITATION DOES NOT APPLY TO CLAIMS FOR PERSONAL INJURY; SOME STATES DO NOT ALLOW LIMITES ON WARRANTIES, OR ON REMEDIES FOR BREACH IN CERTAIN TRANSACTIONS. IN SUCH STATES, THE LIMITES IN THE PARAGRAPH MAY NOT APPLY.
Customer Printed Name Heintz Designs Agent (Print)
Customer Signature Heintz Designs Agent (Signature)
HEINTZ DESIGNS RESTORATIONS
1438-C Balboa Ave.
Panama City, FL 32401
RELEASE AND WAIVER OF LIABILITY AGREEMENT
Services Provided: Vintage Trailer Restoration & Storage
I, __________________________________ acknowledge that I have voluntarily left my personal property at Heintz Designs Restorations located at 1438-C Balboa Ave, Panama City, FL 32401. And I hereby release Heintz Designs Restorations, its employee's and property owners from any liability for theft or damage to vehicles or vehicle contents on the property located at 1438-C Balboa Ave, Panama City, FL 32401. I agree to assume any and all risks of property damage, whether those risks are known or unknown.
Your signature affixed to this document is testimony that you have read and understand this statement and have no questions.
I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT BETWEEN MYSELF AND HEINTZ DESIGNS RESTORATIONS AND
SIGN IT OF MY OWN FREE WILL.