Fred Imler & Sons

9528 Lincoln Highway
Bedford, PA 15522
(814) 623-8346
Cell (814) 285-7412
Fax (814) 623-5754

imlerandsons@gmail.com
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Warranty & Refund Policy

Refund Policy

1. Fred Imler & Sons, Inc. General Contractors warrants that all product as specified herein shall be installed in a good and workmanlike manner and agrees to offer to the Customer a one year warranty confirming same pursuant to the terms of paragraph 2 of this Contract. Furthermore, Fred Imler & Sons, Inc. General Contractors specifically disclaims any and all responsibility for all material(s) and product(s) included within the construction and further states that Fred Imler & Sons, Inc. General Contractors shall not be liable for any losses or damages incurred by the Customer, whether direct or indirect, as a result of product(s) or material(s) being defective or otherwise failing to conform with the terms of this Contract. Without limiting to any extent whatsoever the completeness of the disclaimer noted above and provided Fred Imler & Sons, Inc. General Contractors should decide on its own volition to assume responsibility for any product(s) or material(s) included within the construction, which same responsibility is expressly denied by Fred Imler & Sons, Inc. General Contractors, the full liability of Fred Imler & Sons, Inc. General Contractors for any product(s) or material(s) included within the construction shall be limited to either the replacement of the defective or non conforming product(s) or materials(s) or to repayment of the total amount paid by the Customer to Fred Imler & Sons, Inc. General Contractors pursuant to the terms of this Contract, as decided solely by Fred Imler & Sons, Inc. General Contractors.

2. Fred Imler & Sons, Inc. General Contractors agrees to warrant its workmanship as specified within this Contract for a period of one year dating from the date of Fred Imler & Sons, Inc. General Contractors approving this Contract, subject to the following conditions:

(i) Any liability or responsibility for any product(s) or material(s) included within the contract is specifically excluded from the terms of this warranty;

(ii) All claims by the Customer pursuant to this workmanship warranty shall be forwarded in writing to Fred Imler & Sons, Inc. General Contractors and must be received by Fred Imler & Sons, Inc. General Contractors prior to the expiry of the one year warranty period;

(iii) This warranty shall only become effective after the Contract has been fully completed by both parties, including payment in full by the Customer;

(iv) This one year warranty shall become null and void if the product is used by the Customer for other than normal intended use; and,

(v) After determining that the Customers warranty claim is proper, Fred Imler & Sons, Inc. General Contractors shall immediately attempt to correct the workmanship complaint at its sole cost. If the workmanship problem cannot be corrected to the reasonable satisfaction of Fred Imler & Sons, Inc. General Contractors, Fred Imler & Sons, Inc. General Contractors shall refund to the Customer a percentage of the total Contract Price equivalent to the value of the workmanship problem expressed as a percentage of the total Contract Price. The maximum liability that shall be faced by Fred Imler & Sons, Inc. General Contractors pursuant to the workmanship warranty defined herein shall be limited to the total Contract Price advanced by the Customer to Fred Imler & Sons, Inc. General Contractors pursuant to the terms of this Contract.

3. Without limiting the completeness of the disclaimer noted within paragraph 2 of this Contract, Fred Imler & Sons, Inc. General Contractors agrees to provide the Customer with copies of all manufacturer’s warranties provided to Fred Imler & Sons, Inc. General Contractors for product(s) and material(s) used in the construction as described in this Contract. Fred Imler & Sons, Inc. General Contractors shall not be implicated by the Customer within any dispute between the Customer and the manufacturer pertaining to any product or material used by Fred Imler & Sons, Inc. General Contractors and shall not be prejudiced by reason of any such dispute.

4. This Contract is governed by and construed in accordance with the laws of the state of Pennylvania within the country of the United States and each party hereby submits to the exclusive jurisdiction of the Courts of the state of Pennylvania.

5. Any notices required to be given by either party pursuant to this Contract shall be given (i) by hand delivery to the address of the other party on the basis that date of delivery shall be deemed date of receipt by the other party, (ii) by registered mail addressed to the address of the other party on the basis that seven days after the date of posting, inclusive of the date of posting, shall be deemed date of receipt by the other party, (iii) or by facsimile transmission to the facsimile number of the other party on the basis that date of transmission shall be deemed date of receipt by the other party provided a confirming copy of the said transmission is sent to the other party by registered mail within 24 hours of facsimile transmission. The address and facsimile number of each party for the purpose of notice pursuant to this Contract is noted within the face page of this Contract.

6. If this Contract is terminated by either party pursuant to the terms of this Contract after the Deposit is advanced to Fred Imler & Sons, Inc. General Contractors and before Fred Imler & Sons, Inc. General Contractors commences construction, Fred Imler & Sons, Inc. General Contractors shall retain 50% of the deposit in compensation for services, materials, man hours, and planning committed by Fred Imler & Sons, Inc. General Contractors prior to termination. Upon Fred Imler & Sons, Inc. General Contractors returning 50% of the deposit to the Customer, each party shall be released from any further liability in respect to this same Contract. If this Contract is terminated by Fred Imler & Sons, Inc. General Contractors pursuant to the terms of this Contract after Fred Imler & Sons, Inc. General Contractors has commenced and before completion of same, Fred Imler & Sons, Inc. General Contractors shall be paid for all services rendered and materials provided, including extras to date of termination and shall prepare an accounting for the Customer itemizing same. The Customer shall be required to pay said invoice in full upon receipt. In the event of non payment, a charge of 1.5% per month (24% per annum) shall apply to any unpaid balance until paid in full.

7. This Contract or any Change Order to this Contract may be signed by either party and then forwarded by facsimile transmission to the other party. Both parties agree to be legally bound by and signature or initial of either party reproduced by facsimile transmission as if that same signature or initial was an original signature or initial of that same party.

 

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