This contract is between SHO-Pros LLC and the above-mentioned homeowner, his representative herein, Commercial Property Owner, or representative for the sales and/or installation of the product(s) and/or service(s) described in the quote/invoice above included and constitutes part of this document.
Terms and Conditions
In this document the terms “Contractor” refers to SHO-Pros, LLC (and/or Hurricane Fabric Caribbean) and will be used to the appropriate context. “Customer” refers to the customer signing this document and will be used under the same context. “System” herein refers to the product the Contractor represents: [Suntech, Azenco, StruXture, Progressive, En_Fold, Renlita, Hurricane Fabric, AHT, Shade One, HD Golf or any other as it applies to the context of the specific referred sale.
All presented pricing (quotes/estimates) is for budget purposes only. Final pricing is contingent on specifications, final shop drawings, and site verification.
Precise measurements will be taken upon acceptance of initial estimate/quote. Once this is done, final pricing may vary but, it will be included in the final agreement to be signed by Contractor and Customer.
Standard colors are included, custom colors are subject to premium pricing.
All sales are final, once an order has been placed, it becomes non-cancellable.
Pricing does not include any work to be done on overtime or nationally observed holidays.
Pricing does not include any modifications to the System if Customer’s general contractor does not hold proper dimensions presented on drawings and/or shop drawings.
Pricing does not include insurance and/or Fondo del Seguro del Estado. If not requested Customer by default accepts full responsibility. Both are available upon request. If any are requested Customer will be responsible of full cost. Contractor will not add administrative fee to any of these, it will be invoiced as a reimbursement and will be part of the invoice.
Deposit payment, besides invoice acceptance, and/or digital or wet signature are also acknowledgment and acceptance of the language (as requested by the client) used (Spanish and/or English) in these Terms & Conditions.
A valid and enforceable contract only exits when:
• Contractor’s contract is signed by Customer and Contractor
• Endorse shop drawings are signed and approved by Customer and/or representative (architect, engineer, etc.)
• 50% deposit payment from the Customer is accepted by Contractor, AND funds are cleared.
1. 50% - Deposit Payment (order placement)
2. 25% - 3 days before order is delivered. Order will NOT be delivered is this payment is not funded.
Installation may be postponed and if so, a rescheduling fee of 10% of the due amount will be applied.
New installation date will not be established until payment is funded. If Customer does not fund within 14 working days Contractor may cancel order, installation, forfeit merchandise and deposit and by default
Customer agrees to hold harmless the Contractor. Storage charges may also apply.
3. 25% order balance plus: crating, shipping and any other change order expenses requested and approved incurred during the build. Delay in payment will be subjected to a penalty fee of a prorated monthly 10% plus any attorney, accountant and/or any other professional hired to claim balance payment from the Customer.*
* Contractor will notify the Customer of the projected job completion date within 24 hrs. of term.
During this term, Contractor will send final invoice to Customer. Customer will procure payment via: check, cash, CC or preferably ACH so that Contractor may receive final payment on notified date. Contractor will leave System in the open position and will keep possession of remote-control operators until such. (manual crank in manual Systems and fabric panels on Hurricane Fabric Systems).
By paying deposit the Customer accepts the responsibility to pay for the full job upon completion.
Customer agrees to a direct debit via credit card or ACH upon job completion for the balance of the job.
If by any reason the Customer exercises a stop-work order, it will not constitute release of payment responsibility. Within 48 hours of exercising the notification the Customer must submit in writing reasons to substantiate the action. More so, the Contractor may request full payment, even though the work has not been finished if the Contractor does not receive in writing from the Customer a future installation date within 30 days of the stop-work order. It is then the Contractor responsibility to furnish a new installation start date within the next 30 days depending on workload queue.
It is the Customer right to “stop-job” before completion at any time. This does not relieve customer from full payment responsibility.
Customer will submit any claim in writing to the Contractor thru email@example.com. The
Contractor has the obligation to reply in writing 5 working days, and/or credit Customer based on evaluation and outcome of such claim(s). Contractor may exercise the same time period to provide in writing a action plan to cure with a time table that shall not exceed 30 days. If by any chance it does, the Contractor will also notify why and again provide revised time-frame.
Venue for disputes shall be San Juan, Puerto Rico. If the Contractor is the prevailing party in any such action, Contractor shall be entitled to recover reasonable attorney’s fees, court costs and expert witness fees from the non-prevailing party.
No claim relieves Customer obligations including payment obligation.
Work area should be free of all obstructions prior to scheduled arrival. Stand-by time will be charged at a rate of $100.00 per hour. Stand-by time is defined as any loss of work time that impairs and/or impedes installation, to execute any or part of its contracted job duties by way of provocation, inducement, intentional or unintentional negligence, charges, control, and/or responsibility, of and/or from the Customer, persons, or other entities during job’s duration on the job site.
Electrical circuit to System is not included and it is the Customer’s sole responsibility.
Contractor will run electrical within the System and connect to the property’s electrical grid. (Minimum; dedicated 20 amp. circuit or as requested by Contractor) Additional lights, fans and other features may be installed at an extra cost only after agreed and requested in writing.
Even if Customer pays for installation, Contractor does not warranty nor is responsible for any System malfunction due to factory defects, electrical incompatibility or due to damage during install.
The Contractor sells some motorized Systems. In some instances, it is the Customer sole responsibility to hire a licensed electrical contractor to carry on the electrical aspect of the job. I
If the job is not realized by a non-licensed contractor warranty may be immediately voided.
In some occasions, the Contractor will refer and/or include the electrical aspect of the job. The referred professional is completely responsible for this side of the job, not the Contractor.
It is the Customer sole responsibility to provide the Contractor with property plans before job
commencement. If no plans are provided, the Customer releases the Contractor from any and all damages caused during installation. The same applies if Contractor brakes or bust any of the mentioned because of lack of disclosure from the Customer. Customer is responsible for relocation of any pool pipes, landscaping (including roots), sprinkler systems, electrical pipes, gas pipes, plumbing, if it is in the location for pergola or foundation or walls if the System is to be installed as an off-structure System.
If existing structure is deemed unstable or provide insufficient support according to Contractor, the Customer will be responsible for correcting the structural attachment of existing structural connection location per engineer’s requirements.
The System drains onto finished floor. Pricing does not include any underground drainage capabilities. If underground drainage are desired, Customer must notify in writing and additional fees will incur.
It is understood that cement plaster quality varies in every property. The Contractor will conduct installation with the up most care. Nevertheless, if any chip or release happens during installation, the Contractor will not be responsible but may offer repair services at a per instance fee.
Additional requests, commonly referred as change orders, not included on the initial quote and/or invoice, will be performed at the Contractor prerogative and at an additional cost.
It is not the Contractor responsibility to remove or dispose previous systems, this is considered an additional request and/or change order. These are addressed in Additional Work clause addressed further on.
The Contractor will always try to accommodate aesthetics into all installs. Nevertheless, the Contractor main responsibility is to follow the product installation design that will lead to the most professional and sound install.
The Contractor will exercise all reasonable efforts with any/all manufacturers to preclude purchased materials within manufacturers estimated timeframe. Notwithstanding, it is understood that the Contractor may not be responsible for any delays during this stage.
Previous to authorizing purchase and payment the Customer will have reasonable time to fully check order’s content: dimensions, color and options. This will be confirmed by digitally and/or wet signing the included quote. Once accepted and ordered any changes claimed or requested are the Customer sole responsibility.
Owner shall maintain its customary property and liability coverage.
The Contractor, and/or it’s sub-contractors, states that permit requirements does not fall under
Contractor’s responsibility or purview. Still, to the best of his ability, the Contractor will advise the Customer where permits are required by law. If required, it is the Customer’s sole responsibility to file the appropriate paperwork for the above mentioned even though he is not advise by Contractor to do so. The Contractor commits to readily furnish all documents that fall in his purview for any required permit. Any fees associated with the permit, its acquisition or filing will be covered by the Customer. The Contractor is not responsible for, and cannot calculate nor guarantee, the cost of the permit nor the time it may take for said permit to be issued by the city, county and/or responsible governmental agency. Based on the above
the Contractor may not be held responsible for any delay related to the mentioned.
Any Customer may choose to wave permitting in writing. If this is the case sign initials here. Contractor will only delay sale and installation if the Customer informs the Contractor that they will file for permits. If not notified, by default the Contractor will proceed with sale and when goods are available will commence installation as per work schedule availability. Any stop-work order, or penalty derived from the work performed without a permit, will be the sole responsibility of the Customer. The Customer agrees to hold the Contractor harmless for any such penalty(ies) or delays. The Customer will be responsible for charges tide to stop-work order from the Customer for this or any other reason including but not limited to, storage
charges and daily labor as stated above.
HOA compliance is also the Customer sole responsibility and will follow suit as permitting above.
Additional Work: (Waiver of Responsibility)
Although it is clearly stated that Contractor will not remove nor dispose the existing structure, in the case that the Contractor disposes any, knowingly or not, it is stated that the Contractor has no knowledge of the building standards employed by the previous contractor. To this end, the Customer, his assignees or representatives, or any other related party, herby hold harmless the Contractor (including officers, crew and subcontractors) and without blame or cause for any work performed. Further to this, any damage or failure that may or may not occur to the home at any capacity related to this work is to be considered the fault of the previous contractor and the Contractor is held without prejudice, fault or responsibility for the work performed.
It is the contractor's responsibility to handle all warranty claims to manufacturer on behalf of the Client. Each product caries it’s specific warranty and its stated as such on it’s website. Contractor will warrant all labor for a period of one (1) year from Substantial Completion of the Project date (this being the date the final invoice was presented), provided Customer promptly notifies Contractor of the warranty claim in writing. Thereafter, Customer shall be responsible for paying Contractor its standard rates for service calls (presently $150.00 per hour).
Products offered and sold by the Contractor are covered separately by a full manufacturer warranty. The terms of the warranty will follow in suit with the product warranty. The Contractor will not be held responsible for the reliability of the manufacture’s claims or standards.
Customer understands that the outdoor pergola and/or solid roofs Systems, that the Contractor represents, were engineered and acknowledges that rigid awnings and canopy shutters with louvered blades shall be repositioned to the vertical open position during periods of high wind velocity. While doing so does not guarantee the System will survive a high wind velocity storm, it does improve the chances that the System will do so. Although SHO-Pros offers a high-wind package system, this is not to be perceived as an add-on making it Hurricane rated. The mentioned is an option offered to assist the Systems to manage high-winds.
The Systems and/or solid roofs have U.S. patents and are engineered to high standards. It is designed and engineered for all-weather elements, from rain to snow. However, we cannot claim the system is 100% water tight when challenged by blowing rain and/or powerful downpours.
In the event that any System malfunctions (i.e. does not close with sensors, inadvertently closes, opens or any in between) the Customer holds the Contractor harmless of any loss for: damages incurred by the Customer for: rental expenses, for losses of use, income, profit, financing, business and reputation, and for loss of management or employee productivity or of the services of such persons; and damages incurred by the Customer for principal office expenses including the compensation of personnel stationed there, for losses of financing, business and reputation, and for loss of profit, damage to furniture, electrical equipment (or any other), activities (private or commercial) or related ones being held under the System
due direct exposure to sun, rain, or wind.
The outdoor pergola and/or solid roofs systems does not “retract.” The louvers rotate to provide ample shade protection. If a rendering was provided as part of this quote package, its intent is to provide a visual representation of what the product will look like in the space provided.
Renderings are not to scale and may not represent the job specific items reflected in the scope of work. Should any product covered under this agreement be damaged as a result either directly, or indirectly, of a weather event such as a hurricane or other act of God, the Customer expressly agrees to hold the Contractor harmless with regards to the product, installation and any direct or accidental damages, consecutive, indirect, special or punitive to the Customer or its property. The Contractor will be held harmless with regards to related costs, losses, or any other responsibility.
Information is offered “when possible” and “as is”, therefore the Contractor does not give nor guarantees of any type, either explicit, implicit, legal or of any other type (even the implicit guarantees of merchantability or satisfaction with the level of quality and adequacy to a particular objective), including guarantees or commitments related to the content of information will be complete, accurate, reliable, updated, respectful of the rights of third parties; that it will not suffer interruptions, it will not present any opinion or advice from the
Contractor will be exact or reliable. For all of which it is expressly indicated that
no guarantee or engagement will be assumed. With the maximum amplitude allowed under the applicable legislation, the Customer declares to expressly waive any intention to make any kind of claim against the Contractor and its responsible parties: directors, employees, contractors, suppliers or any other affiliated party, that may be derived from your interaction with us or our teams.
The Contractor will fully install the above mentioned in a workmanlike manor and by all the standards applicable.
Contractor’s terms and conditions are also available at: https://www.sho-pros.com/legal and can be updated by the Contractor at any time. Once done so and presented on the web page, it will take immediate effect and its validity will be retroactive without previous notification.
Maintenance: Recommendations are posted SHO-Pros.com and/or YouTube. These may change from time to time and are imperative for warranty to maintain its effectiveness.
Manufacturer warranty DOES NOT cover labor after 12 months from install date.
Semaconnect Products (only):
In no event shall Semaconnect, Inc, or its authorized distributors be liable for any indirect, incidental, special, punitive, or consequential damages, including without any limitation, lost profits, lost data, lost of use, cost of cover, or loss or damage to the Semaconnect cable management system arising out of or relating to the use or inability to use this guide, even if Semaconnect, inc or its authorized distributors have been advised of the possibility of such damages. It is understood that all the Contractor employees, owners and/or board members, while acting on behalf of the Contractor, do so only representing SHO-Pros LLC and at no moment will it be understood that this is done on their personal basis.
Thank you for visiting this web page. Please carefully read the content under Terms and Conditions in this document, since every time you use this web page you are accepting the Term and Conditions exposed here.
In all this web page the terms “Us”, “We”, “Our”, “HurricaneFabricPR.com”, “HurricaneFabricPR.com Group” and Sho-Pros.com refer to SHO-Pros, LLC and any of its subsidiaries, and they will be used according to the appropriate context. “You” refers to any person who accesses and/or uses this web page.
Policy of Privacy in the Web Page:
Any material or personal data sent to the web pages of SHO-PROS, LLC is covered by the Policy of Privacy of said and by the protection of personal data exposed in the Statement of Privacy in this same web page. Accuracy, Full character and Punctuality of the Information Although we use every means available to us to assure the accuracy and completeness of the information contained in this web page, we don’t assume any responsibility in case the information you find in it is not accurate or complete. Any modification that you do to the material will be at your own responsibility and risk. Likewise, you accept that is your responsibility to verify any changes and modifications that may be added or produced eventually.
Any non-personal material or communication that you transmit on this web page by e-mail or any other medium, including data, questions, commentaries, guest reviews, suggestions, or any similar information, will be treated as NOT CONFIDENTIAL and without rights to its property. Anything that you transmit or publish in this web page automatically becomes property of SHO-PROS, LLC and can be used for any purpose; included but not limited to reproduction, re-printing, access, transmission, publication, broadcast and placement of content in the web. SHO-PROS, LLC is totally free to use for any purpose it deems necessary (including, but not limited to, the development, fabrication, publicity, and marketing of products), the ideas, graphic material, inventions, developments, suggestions or general concepts contained in any communication that you send to this web page. Said use of any material will not be compensated to the providing party. By volunteering information, you are ensuring that you are the originator of the material/content provided, that it is not defamatory, and that its use by SHO-PROS, LLC will not violate third party rights and will be following all applicable laws. SHO-PROS, LLC has no obligation to use information volunteered in the site.
Rights to Intellectual Property:
All rights reserved. All copyrights as well as rights to intellectual property referring to texts, images and general material contained in this web page are the property of SHO-PROS, LLC or have been included with the authorization of their owner.
You can navigate in this web page, reproduce extracts by print and make downloads to a hard disk with the objective of distributing content to other physical persons; provided that all footnotes regarding Property and Copyrights of the web page owners are included, and that the Registered Trademark logo is always displayed in all content reproductions. Selling, distributing, or profiting from this web page content is strictly prohibited, as is any modification or its incorporation to any other work, publication, or web page.
The registered brands, logos, characters, and brands of service (all denominated as “registered brands”) incorporated in this web page belong to SHO-PROS, LLC. It shall never be interpreted in any case, that any of the contents of this webpage imply authorization or right to use any or all the content of this web page. The use or abuse of any of the registered brands shown both in this web page as in any other content of it, except what is specifically authorized in these Terms and Conditions, is strictly forbidden.
Also, be warned that the SHO-PROS, LLC will defend its right over its intellectual property with the full force of all applicable laws.
Links to other Web Pages
The existing links in the web pages of SHO-PROS, LLC may take you into other network and systems. In that case, SHO-PROS, LLC does not accept any responsibility related to the content, accuracy, and operation of third-party webpages. The links are provided in good faith and SHO-PROS, LLC will not be responsible for subsequent modifications made in third party web pages whose link we have provided.
The inclusion of such links to connect with other web pages does not imply that SHO-PROS, LLC
assumes responsibility for any of their content. We strongly recommend that you become informed and that your read attentively the legal conditions and the privacy restrictions of all web pages you visit.
Guarantees and Exemptions of Responsibility:
The use of this web page is exclusively on your own and at your risk.
This web page is offered “when is possible” and “as is”, therefore SHO-PROS, LLC does not give
guarantees of any type, either explicit, implicit, legal or of any other type (even the implicit guarantees of merchantability or satisfaction with the level of quality and adequacy to a particular objective), including guarantees or commitments related to the content of this webpage will be complete, accurate, reliable, updated, respectful of the rights of third parties; that it will not suffer interruptions, it will not present mistakes and will be free from virus; that this webpage will be safe and that any opinion or advice from SHO-Pros, LLC access obtained through this page will be exact or reliable. For all of which it is expressly indicated that no guarantee or engagement will be assumed regarding the topics listed above.
Please take in account that in some jurisdictions, it is possible that the exclusion of implicit guarantees may not be permitted, and some of those exclusions might not apply to you. That is why we firmly insist that you become aware of your local legislation.
We reserve the right to restrict, suspend or cancel without prior notice and at any time, your access to this web page or to a part of it and to any function contained in it.
Both SHO-PROS, LLC as any third party involved in the creation, production or distribution of this web page in our name , will not have any responsibility, under no circumstance, for direct or accidental damages, consecutive, indirect, special or punitive; neither for costs, losses or any other responsibility, regardless of the way in which they may be a result of your use of this web page, or any other web page to which you had access through a link provided in this web page, to the maximum scope allowed by the applicable law moved by any decision or measure that we took or did not take as a result of a message you sent us via email.
Any material that appears in this web page is subject to changes without prior notice. Both SHO-PROS, LLC as any third party involved in the creation, production, or distribution of this web page, will have no
responsibility derived from the upkeep of the page such as making corrections, updates and elimination of any material. Furthermore, SHO-PROS, LLC will not be responsible in any way and under no circumstance for any damages suffered by your computer or any other gadgets you may own, provoked by any virus that may have infected them because of your access, use or download of content from this web page; that action is performed entirely at your own risk and responsibility.
With the maximum amplitude allowed under the applicable legislation, you declare to expressly waive any intention to make any kind of claim against SHO-PROS, LLC and its responsible parties: directors, employees, suppliers and programmers, that may be derived from your use or access to this web page.
It is forbidden to take any action, that SHO-PROS, LLC may judge inappropriate and/or maybe
considered an illegal act that is prohibited under the applicable legislation for this web page, including but not limited to the following:
- It is forbidden any act that would breach the privacy of an affected party with or without authorization of said party or any act that may be considered a violation to the legal rights of physical persons.
- It is forbidden to use this web page to defame, abuse, harass, stalk, threaten, violate the rights of or slander SHO-PROS, LLC, its employees or other physical persons, or act in such a way that would discredit the good name of SHO-PROS, LLC.
- It is forbidden to transfer to this web page files that contain viruses that can cause damages to the property of SHO-PROS, LLC or cause damage to the property of physical persons; to place or transmit to this webpage any non-authorized material, including but not limited to, content that according to our judgement will probably cause discomfort or damages, or that may be introduced by violating the security system network of SHO-PROS, LLC, or other third parties; material considered defamatory, racist, obscene, threatening or of pornographic content or that presents any form of illegality in general.
Jurisdiction and Applicable Legislation - National Websites
For Web Pages that Offer Products:
The products, materials, offers and information of and by SHO-PROS, LLC that appear in this web page were designed only for the users and customers of Puerto Rico. SHO-PROS, LLC does not claim that the products and content of this webpage are appropriate or will be available in areas outside of US and Caribbean territories. The products that appear in this webpage are mere visual representations and, consequently, do not appear in their real-life size nor with the exact colors of their containers. The user of this web page and SHO-PROS, LLC accept that any controversy or claim derived from the use of this webpage will be solved according to the laws of the Commonwealth of Puerto Rico and will be submitted exclusively under the jurisdiction of its Courts.
The material and information of and by SHO-PROS, LLC that appear on this web page have been intended and included exclusively for the users of the US and the Caribbean Islands. SHO-PROS, LLC assumes no commitment in relation to the material and information on this web page being appropriate or available in areas other than the mentioned.
The user of this webpage and SHO-PROS, LLC accept that any controversy or claim originated using this webpage will be solved according to the local laws and will be submitted exclusively under the legal jurisdiction of the Courts of the Commonwealth of Puerto Rico.
For pages that offer products SHO-PROS, LLC does not assume any commitment related to the products and content of this webpage to be appropriate and available in all the countries that have access to this webpage. The products that appear in this webpage are mere visual representations and, consequently do not appear in their real life-size nor with the exact colors of their containers. The user of this web page and SHO-PROS, LLC accept that any controversy or claim originated or about the use of this webpage will be solved under the maximum amplitude possible under US law and it will be submitted exclusively to the jurisdiction of the Courts of the Commonwealth of Puerto Rico.
For informative Webpages:
SHO-PROS, LLC assumes no commitment related to the material and information on this web page being appropriate or available in all zones or languages. Users of this webpage and SHO-PROS, LLC accept that any controversy or claim derived or referring to the use of this page will be solved according to local laws and will be submitted exclusively under the Courts of the Commonwealth of Puerto Rico.
SHO-PROS, LLC uses the tracking technology known as “cookies”. The policy regarding its use by SHOPROS, LLC is published in the private policy and personal data document of SHO-PROS, LLC available in this web page.
Update of Legal Notes:
We reserve the right to make changes and corrections. Please consult this page from time to time to review these and any new additional information.
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