Terms & Conditions

Terms & Conditions
The contract documents shall include the proposal on the front side of this page (“Proposal”), plans and specifications, change orders, or modifications issued in accordance with the Agreement, job coordination checklist, the terms and conditions below, and all other documents incorporated in the terms and conditions (collectively the “Agreement”). This Agreement is between AMF, LLC and the Property Owner(s)/Contractor/Property Mgr. identified in the Proposal (“Owner”). The Agreement shall be governed by the laws of the State of Florida.

The parties agree that any representation(s), statement(s), or other communication(s) not provided for by the Agreement is/are:
(1) Invalid
(2) Not relied on by either party
(3) Does not survive the execution of the Agreement
Venue of any proceeding arising out of or related to the Agreement shall be the county where the work provided by this Agreement is performed. WAIVER OF JURY TRIAL:
EACH PARTY AGREES THAT AS A MATERIAL PART OF THE CONSIDERATION HEREUNDER AND AS AN INDUCEMENT TO ENTER INTO THIS AGREEMENT, EACH PARTY HEREBY WAIVES THE RIGHT TO A JURY TRIAL.
The total contract price as specified in the proposal does not include any extras such as carpentry repairs, or any other repairs not specified and not covered by the proposal that are necessary to complete the repair process as required by local building codes and/or building officials/building inspectors, or to cosmetically satisfy the Owner.
AMF, LLC disclaims all liability for claims, disputes, damages, and/or causes of action pertaining to, resulting from, or in any way related to mold.
Unless caused by AMF, LLC’s own negligence, Owner agrees AMF, LLC shall not be responsible for damage done to curbs, walkways, driveways, structures, septic tanks, HVAC, utility lines, landscaping, appurtenances, electrical wires, AC ducts, gas lines, heater lines, gutters, satellites, and/or Owner’s personal property.
AMF, LLC reserves the right to substitute substantially equivalent materials for the unavailable materials.
Prior to or within thirty (30) days of signing the proposal, Owner shall obtain approval from the Homeowner’s Association (if applicable) for the work with which the property or properties subject to the Agreement are associated.
In no event shall AMF, LLC be required to perform work under the Agreement or be liable for damages if Owner has failed to secure financing.
Should any provision in the Agreement be held to be invalid or unenforceable by a court of competent jurisdiction, the validity and enforceability of the remainder of the Agreement shall not be affected.
All warranties provided by AMF, LLC shall be and will be void if Owner fails to strictly adhere to the payment terms contained in the Agreement. All warranties shall be limited to the labor and materials installed hereunder. Any express and/or implied warranties are to be construed as exclusive remedy for alleged construction defects subject to claims for breach of warranty. Owner shall have only those warranties provided by AMF, LLC.
If after completion of the work, there are punch-out items, the customer agrees that no more than 5% of the invoice will be withheld until the punch-out is completed. The withheld amount is due upon substantial job completion.

STANDARD STATUTORY WARNINGS

LIEN LAW
According to Florida’s Construction Lien Law (Sections 713.001 – 713.37, Florida Statutes), those who work on your property or provide materials and services 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 your contractor or a subcontractor fails to pay subcontractors, sub-subcontractors, or material suppliers, those people who are owed money may look to your property for payment, even if you have already paid your contractor in full. If you fail to pay your contractor, your contractor may also have a lien on your property. This means if a lien is filed, your property could be sold against your will to pay for labor, materials, or other services that your contractor or subcontractor may have failed to pay. To protect yourself, you should stipulate in this contract that before any payment is made, your contractor is required to provide you with a written release of lien from any person or company that has provided you a “Notice to Owner.” Florida’s Construction Lien Law is complex, and it is recommended that you consult an attorney.

CHAPTER 558 NOTICE OF CLAIM
Any claims for construction defects are subject to the notice and cure provisions of Chapter 558, Florida Statutes.

SECTION 489.147, FLORIDA STATUTES
A contractor may not directly or indirectly engage in any of the following practices: offering to a residential property owner a rebate, gift, gift card, cash, coupon, waiver of any insurance deductible, or any other thing of value in exchange for: Allowing the contractor to conduct an inspection of the residential property owner’s roof; or Making an insurance claim for damage to the residential property owner’s roof.

RADON GAS WARNING
Radon gas: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county health department.

FLORIDA HOMEOWNERS’ CONSTRUCTION RECOVERY FUND
Payment, up to a limited amount, may be available from the Florida Homeowners’ Construction Recovery Fund if you lose money on a project performed under contract, where the loss results from specified violations of Florida law by a licensed contractor. For information about the recovery fund and filing a claim, contact the Florida Construction Industry Licensing Board at the following telephone number and address:

(850) 487-1395, 2601 Blairstone Road, Tallahassee, FL 32399-1039.