Terms and Conditions
All invoices are due upon receipt. We greatly appreciate your prompt payment!
TERMS
PAYMENT IS DUE AT THE TIME OF SERVICE. Unpaid balances are subject to a $25 Late Fee and a Finance charge of 1.34% (16% APR) at 30 days overdue, and will be turned over to collection. The Returned Check/Credit Card fee is $50. If a capital improvement, an ST-8 must be signed to remove sales tax.
https://www.nj.gov/treasury/taxation/pdf/other_forms/sales/st8.pdf
Electronic Signature
By confirming the Estimate through the application, you accept and agree to the terms in the Estimate and these additional Terms and Conditions electronically. You acknowledge that your electronic signature is the legal equivalent of your manual signature and that you will be legally bound by this agreement.
Insurance
Pursuant to 73 Pa. Stat. §517.7(a)(11), Kel Tren Watercare (“Contractor”) represents and warrants that it has maintained, and at all times during the term of this agreement will maintain, liability insurance covering personal injury in the amount of $1,000,000 and insurance covering property damage caused by the work of Contractor in the amount of $1,000,000. Contractor maintains business insurance through LaPlaca Insurance Co, who can be contacted at 267-759-9993. A copy of Contractor’s Certificate of Insurance can be provided upon your written request.
Warranty
Contractor specifically disclaims any and all warranties not expressly given in this agreement to the full extent allowable by law. Some materials used by Contractor may be covered by a manufacturer’s written warranty, and in such case, Contractor will provide a copy of such warranty to you upon your written request. Contractor warrants Contractor’s workmanship, material, and labor for 1 year from the date of installation unless otherwise specified. Contractor will, at no cost to Homeowner, repair any malfunction of a piece of equipment installed by Contractor, which Contractor, in its sole discretion, determines is caused by Contractor’s workmanship, provided labor, or provided materials, and which Homeowner notifies Contractor of in writing within one year of the date of install.
Refund Policy
You acknowledge that all sales are final at the time water treatment equipment is installed at your property, and Contractor does not offer refunds or accept returns of installed equipment.
Change Orders
The parties acknowledge that any changes to the services to be performed or equipment to be installed can only be changed with a written change order signed by both parties.
Unforeseen Circumstances
The parties acknowledge that there may be conditions present related to the services that cannot be known at the time the Estimate is given. In the event any circumstances become known, which at the time of the Estimate were not known to Contractor, that change the scope of work accounted for in an estimate, Contractor will notify Homeowner in writing regarding the circumstances and both parties will sign a change order modifying the agreed work, including any price increases associated with the additional work.
Contractor Status
If you have questions regarding Contractor’s status as a licensed contractor and are located in Pennsylvania, please call the toll free telephone number for the Consumer Protection Bureau of the Attorney General’s Office at 888-520-6680, or visit the Bureau’s Website at http://www.attorneygeneral.gov/hic.aspx. If you have questions regarding Contractor’s status as a registered contractor and are located in New Jersey, please call (732) 431-7900, or visit www.NJConsumerAffairs.gov/HIC/.
Governing Law
This agreement will be governed by the laws of the State in which the property being serviced is located, excluding laws pertaining to conflict of laws. Any legal action or proceeding arising under this agreement will be brought exclusively in the federal or state courts located in Bucks County, Pennsylvania, and the parties irrevocably consent to personal jurisdiction and venue in those courts.
Severability; Waiver
If a court of competent jurisdiction holds any provision of this agreement invalid or unenforceable, the remaining provisions of the agreement will remain in effect, and any provision affected will be construed to be enforceable to the maximum extent permissible by law. The waiver of any breach of this agreement will not constitute a waiver of any subsequent breach.
Counterparts; Survival
This agreement may be executed in counterparts, each of which will be deemed an original, but which together will constitute one instrument. Any provision that should survive termination of this agreement to fulfill its essential purpose shall survive the termination hereof.
Entire Agreement
This agreement is the complete and exclusive understanding of the parties and supersedes all prior understandings and agreements, written or oral, with respect to its subject matter. Any waiver, modification, or amendment of any provision of this agreement will be effective only if in writing and signed by both parties.
NOTICE TO CONSUMER
YOU MAY CANCEL THIS CONTRACT AT ANY TIME BEFORE MIDNIGHT OF THE THIRD BUSINESS DAY AFTER RECEIVING A COPY OF THIS CONTRACT. IF YOU WISH TO CANCEL THIS CONTRACT, YOU MUST EITHER: 1. SEND Contractor A SIGNED AND DATED WRITTEN NOTICE OF CANCELLATION BY REGISTERED OR CERTIFIED MAIL, RETURN RECEIPT REQUESTED; OR 2. PERSONALLY DELIVER A SIGNED AND DATED WRITTEN NOTICE OF CANCELLATION TO: KEL TREN WATERCARE 1569 S Olden Ave, Hamilton Township, NJ 08610 (609) 888-0053. If you cancel this contract within the three business day period, you are entitled to a full refund of your money. Refunds must be made within 30 days of the Contractor’s receipt of the cancellation notice.