Jolly Raleigh, LLC
This Architectural Lighting Purchase and Installation Contract ("Contract") is entered into between Jolly Raleigh, LLC ("Contractor") and the Client identified on the approved estimate ("Client").
Please ensure that you review this contract carefully and consult with legal counsel if needed.
Effective Date: the date the Contract is signed
Contractor agrees to provide and install the following permanent architectural lighting elements: • Hidden, weatherproof low-voltage wiring. • Wi-Fi controller integration (mobile app + remote). • Color-changing, dimming, and scheduling functionality. • All necessary power supplies, connectors, and mounting tracks. • Warranty: 5-Year Product & 1 Year Installation Warranty.
As stated on the Client's approved estimate.
Installation typically completed in 1–2 days (weather permitting).
The Client shall provide the Contractor with access to the premises where the installation work is to be performed at all reasonable times and shall ensure that the Contractor and their subcontractors have sufficient space and facilities to perform the work efficiently and safely.
The Client shall ensure that all necessary utilities, including but not limited to electricity, water, and gas, are made available to the Contractor at no additional cost. The Client shall also be responsible for any costs associated with obtaining and maintaining temporary utility connections required for the duration of the project.
The Client shall prepare the installation site in accordance with any specifications provided by the Contractor, including checking the flow of electricity to the exterior outlet(s) designated for the lighting system. Any additional site preparation required beyond the scope of the Contractor's work shall be the responsibility of the Client.
The Client shall ensure that the installation project complies with all applicable laws, regulations, and building codes in the jurisdiction where the work is to be performed. The Client shall be responsible for obtaining any variances or waivers necessary to achieve compliance, and shall indemnify and hold harmless the Contractor from any liability arising from the Client's failure to comply with such laws and regulations.
If other contractors or tradespeople are working on the premises concurrently with the Contractor, the Client shall coordinate the activities of such contractors to ensure that all work progresses smoothly and without interference. The Client shall also be responsible for resolving any conflicts or disputes that may arise between the Contractor and other parties involved in the project.
The Client shall take reasonable precautions to ensure the safety and security of the installation site, including securing any hazardous materials or equipment, providing adequate lighting and signage, and implementing appropriate safety protocols. The Client shall notify the Contractor of any known safety hazards or security risks present on the premises.
The Client shall maintain open and timely communication with the Contractor throughout the duration of the project, including promptly responding to requests for information or approvals, providing feedback on the progress of the work, and notifying the Contractor of any changes or concerns that may arise.
The total cost of the project is stated on the Client's approved estimate. This amount is non-taxable.
At signing of the contract, a partially refundable (defined in section 2.3) deposit of 50% of the total price is required. This amount is non-taxable. The second payment of 100% of the remaining balance is due at installation commencement. This amount is non-taxable.
If applicable and for any reason, there is a conflict with no resolution prior to HOA Architectural Review Committee approval, the deposit will be refunded less a $125 document preparation fee. If for any reason, there is a necessary cancellation after HOA Architectural Review Committee approval AND sign off on materials ordering, the materials will be non-refundable and the Contractor may be compensated for reasonable time, mileage, and expense up to no more than the original deposit.
In the event that the Client fails to make any payment required under this contract by the specified due date, the Client shall be deemed to be in default. The Contractor may, at their sole discretion, assess a one-time late fee of $30 (thirty dollars) for each payment that remains outstanding beyond the due date.
If any payment remains outstanding for a period of 3 (three) business days beyond the due date, the Contractor reserves the right to suspend all work on the project until such time as payment is received in full. The Client shall be responsible for any costs or delays resulting from such suspension of work.
Any payment not received by the Contractor by the due date shall accrue interest at an annual rate equal to the prime rate in effect on the date the payment became delinquent plus 2% (two percent), calculated daily and compounded monthly, from the due date until the date of payment in full. The Client shall be responsible for paying all accrued interest in addition to the original amount owed.
In the event that the Contractor is required to take legal action to collect any overdue payments under this contract, the Client shall be responsible for reimbursing the Contractor for all reasonable costs and expenses incurred in connection with such collection efforts, including but not limited to attorney's fees, court costs, and collection agency fees.
If any payment remains outstanding for a period of 3 (three) business days beyond the due date and the Client fails to cure the default within 3 (three) business days of receiving written notice from the Contractor, the Contractor may terminate this contract upon written notice to the Client. In such cases, the Client shall be liable for all unpaid amounts, as well as any damages resulting from the termination of the contract.
The Contractor shall have the right to file a mechanic's lien or other legal claim against the Client's property to secure payment for any work performed or materials provided under this contract in accordance with applicable law.
The exercise of any remedy for non-payment by the Contractor shall not constitute a waiver of any other rights or remedies available to them under this contract or at law.
The Contractor reserves the right to cancel this installation contract at their convenience, provided that written notice is provided to the Client at least 3 (three) business days prior to the intended cancellation date. In such cases, the Contractor shall refund any payments made by the Client for work not yet performed, less any applicable fees or expenses incurred up to the date of cancellation.
The Contractor may cancel this contract if the Client fails to fulfill their obligations under the terms of this agreement, including but not limited to non-payment, failure to provide access to the premises, or failure to comply with project specifications. In the event of cancellation due to Client default, the Contractor shall be entitled to retain any payments already made by the Client, and the Client shall be liable for any additional costs incurred by the Contractor as a result of the cancellation.
If performance of the installation contract becomes impossible or unfeasible due to events beyond the Contractor's control, including but not limited to acts of God, natural disasters, war, terrorism, or government actions, the Contractor may cancel the contract without liability. In such cases, the Contractor shall provide written notice to the Client as soon as reasonably possible, and any payments made by the Client shall be refunded, less any expenses already incurred by the Contractor in relation to the project.
If the Client becomes insolvent, files for bankruptcy, or is otherwise unable to fulfill their financial obligations under this contract, the Contractor may cancel the contract without liability. In such cases, the Contractor shall provide written notice to the Client, and any payments made by the Client shall be refunded, less any expenses already incurred by the Contractor in relation to the project.
The Client reserves the right to cancel this installation contract at their convenience, provided that written notice is provided to the Contractor at least 3 (three) business days prior to the intended cancellation date. In such cases, the Client shall be responsible for any costs incurred by the Contractor up to the date of cancellation, including but not limited to materials purchased, labor performed, and administrative expenses.
If the Client determines, in their sole discretion, that the Contractor has failed to make satisfactory progress on the project or has otherwise failed to meet the Client's expectations, the Client may cancel the contract upon written notice to the Contractor. In such cases, the Contractor shall be entitled to payment for work completed up to the date of cancellation, as well as reimbursement for any reasonable expenses incurred in relation to the project, including but not limited to materials purchased by the Contractor.
If the Contractor materially breaches any provision of this contract, including but not limited to failure to perform work in accordance with project specifications, failure to meet project deadlines, or failure to maintain a safe working environment, the Client may cancel the contract upon written notice to the Contractor. In such cases, the Contractor shall be responsible for refunding any payments made by the Client for work not yet performed, as well as reimbursing the Client for any damages resulting from the breach.
If performance of the installation contract becomes impossible or unfeasible due to events beyond the Client's control, including but not limited to acts of God, natural disasters, war, terrorism, or government actions, the Client may cancel the contract without liability. In such cases, the Client shall provide written notice to the Contractor as soon as reasonably possible, and any payments made by the Client shall be refunded, less any expenses already incurred by the Contractor in relation to the project.
Upon cancellation of the installation contract, both parties shall be released from their respective obligations under the agreement, except for those obligations that, by their nature, survive termination, including but not limited to confidentiality, intellectual property rights, and dispute resolution provisions.
Any notice of cancellation by the Contractor shall be provided in writing and delivered to the Client's last known address or email address on file. Notice shall be deemed effective upon receipt by the Client.
Any notice of cancellation by the Client shall be provided in writing and delivered to the Contractor's last known address or email address on file. Notice shall be deemed effective upon receipt by the Contractor.
The exercise of any right of cancellation by the Contractor shall not constitute a waiver of any other rights or remedies available to them under this contract or at law.
This warranty covers any defects in manufacturing and craftsmanship performed by the manufacturer for a period of 5 (five) years from the date of installation.
This warranty covers any defects in installation and craftsmanship performed by the Contractor for a period of one (1) year from the date of installation.
Any claim made under this warranty must be submitted in writing within the warranty period.
This warranty does not cover any damage or defects resulting from: • Abuse, misuse, or negligence of the products. • Acts of nature, including but not limited to earthquakes, floods, or fire. • Alterations, repairs, or modifications to the product made by anyone. • Power surges.
No permits are required. HOA Architectural Review Committee approval is required; paperwork will be provided by the Contractor.
Any disputes arising from this contract shall be resolved through binding arbitration.
No Additional Terms.
If any provision of this contract is held to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other provision of this contract or invalidate or render unenforceable such provision in any other jurisdiction. The parties agree that any such invalid, illegal, or unenforceable provision shall be deemed severed from this contract to the extent of such invalidity, illegality, or unenforceability, and the validity, legality, and enforceability of the remaining provisions of this contract shall not be affected or impaired thereby.
This Contract represents the entire agreement between the Contractor and the Client and supersedes any prior agreements or understandings, whether written or oral.