TERMS AND CONDITIONS

Holiday Lighting Terms and Conditions

Custom Exterior Lighting, LLC
PO Box 22, Raceland, LA 70394
985-238-3400 | info@customexteriorlighting.com | customexteriorlighting.com

Installation Agreement (“Agreement”) you agree to its terms and conditions. Custom Exterior Lighting, LLC and Customer are collectively referred to herein as

the “Parties” or individually as a “Party”.

1. Scope of Work: Custom Exterior Lighting, LLC agrees to provide the materials and/or services (“Work”) according to the pricing and terms outlined in the following Proposal and this Agreement.

2. Change Order: If Customer requests modifications to the Work or for additional work to be performed, then Customer agrees to pay Custom Exterior Lighting, LLC’s reasonable costs and expenses incurred in complying with Customer’s requests under the same payment terms detailed herein. All change orders must be in writing and signed by the Customer or via email confirmation. Change orders shall be paid within the same guidelines as described I the “Payment Schedule”.

3. Proposal Terms and Conditions: Custom Exterior Lighting, LLC will deliver the Proposal outlining materials and/or services to be provided to Customer. The Proposal is subject to the following terms and conditions:

a. Expiration of Proposal. The Proposal will expire unless the Agreement and Proposal are signed within 30 days of being delivered to Customer.

b. Additional Charges. Programming, setup, installation, or materials not expressly detailed in the Proposal will be subject to additional charges. The lighting system install comes with default programming for timing and settings. The costs associated with any related work or materials, including but not limited to, electrical, drywall, painting, cabinets are not included in the Proposal unless specifically documented in the Proposal. Custom Exterior Lighting, LLC is not responsible for any underground trenching or laying or supplying of conduit for outside wiring. Customer is required to provide a dedicated outlet for control box/gateways, if one is not available customer is responsible for hiring a third party to have one installed. If customer does not want to, Custom Exterior Lighting, LLC will hire a third party as detailed below in “Third Party”.

c. Customer Furnished Equipment. Custom Exterior Lighting, LLC is not responsible for the performance, integration, or liability associated with any equipment, wiring, or installations provided by the Customer or third parties. All bids are made under the assumption that adequate power supplies and receptacles are available. The client is responsible for maintaining and providing adequate electrical supply adjacent to the proposed lighting locations

4. Payment: No Work will be scheduled without a signed copy or emailed confirmation of this Agreement, of the Proposal, and completion of the Payment Schedule as defined below. Since Custom Exterior Lighting, LLC will, if possible, open, and test equipment before delivery, all components must be paid for before delivery to job site. Payments may not be withheld under any circumstances.

5. Payment Schedule: The “Payment Schedule” is as follows:

a. Fifty percent (50%) of total price of the Work in the Proposal is due upon signing this Agreement (“Deposit Payment”); and a credit card will be kept on file.

b. Fifty percent (50%) of total price of the Work in the Proposal is due after installation of the Work (“Final Payment”).

6. Authorization of Payment: Notwithstanding part 4, if Customer has a credit card on file with Custom Exterior Lighting, LLC, Custom Exterior Lighting, LLC may schedule the Work prior to the charge of the Final Payment, and Customer agrees to allow Custom Exterior Lighting, LLC to charge the Final Payment one day after handoff of controller.

7. Invoice: Custom Exterior Lighting, LLC shall provide a written invoice to Customer at the email address, phone number, or mailing address provided, indicating amounts owed for the Work, if any. Unless otherwise specified in a Change Order or otherwise, all payments owing shall be paid to Custom Exterior Lighting, LLC according to the Payment Schedule.

8. Lease Terms: Custom Exterior Lighting, LLC will maintain a CC on file and customer will be billed yearly on the anniversary date of install. If customer wishes to terminate lease, customer will provide Custom Exterior Lighting, LLC this request in writing no later than 60 days prior to the calendar anniversary date. Should cancellation of lease happen within the year the remaining balance will be pro-rated per day and refunded to customer.

9. Customer Training: Upon completion of the system/Work, and only if Customer is physically present at such time, Custom Exterior Lighting, LLC shall demonstrate the system/Work and train the Customer on how to use the system/Work at no additional cost to Customer. If Customer is not available or physically present upon completion of the installation of the system/Work, Custom Exterior Lighting, LLC will try to accommodate customer. If after 2 attempts to provide system education, Customer may receive training at a later time by scheduling a date and time for an on-site, in person training by Custom Exterior Lighting, LLC at a rate of $150.00.

10. General Terms and Conditions: Customer acknowledges receipt of this Agreement containing the General Terms and Conditions. Customer understands and agrees to the General Terms and Conditions.

11. Warranty: LEASE MODEL: Custom Exterior Lighting, LLC agrees to provide full-service warranties listed herein to Customer according to the terms below, for parts and labor for the period of the lease, to commence upon the either of (i) verification from Customer that the system/Work functions properly, or (ii) completion of installation if Customer is not available to verify with installing technician that the system/Work functions properly (collectively, the “Warranty Period”).

a. Parts and Labor. Custom Exterior Lighting, LLC shall warranty lights, labor and workmanship involved in an installation for the lesser of (i) the Warranty Period, or (ii) the minimum required by law (collectively, “Parts and Labor Warranty”).

General Terms and Conditions

Term: This Agreement shall be in force from the date this Agreement is signed by Customer until all Work indicated herein is completed and paid for and all other terms of this Agreement have been satisfied, unless sooner terminated pursuant to this Agreement.

Work in Process: Projects or Work in the process of being installed are not complete and should not be expected to function as completed Work. Custom Exterior Lighting, LLC does not guaranty that unfinished or Work in the process of being installed will function properly. Customer uses the unfinished system/Work at their own risk. Custom Exterior Lighting, LLC is not responsible for any liability related to the Customer using the unfinished system/Work. If the unfinished system/Work stops functioning during non-business hours or on weekends, Custom Exterior Lighting, LLC, at the request of the Customer, may dispatch a technician to troubleshoot the problem. A non-business hour or weekend service call is not covered by the Warranty herein and the Customer will be billed at the non-business hours/weekend service call hourly rate. This will be in addition to the Proposal price.

Other Contracts: Notwithstanding anything to the contrary herein, Custom Exterior Lighting, LLC shall not be bound by any other agreement between Customer and a third party (e.g. a “prime contract” or similar agreement) unless Custom Exterior Lighting, LLC has seen, had adequate time to review, acknowledged receipt of any such contract, and agreed to its terms by written signature on the contract, or any amendments thereto.

Customer is obligated to ensure compliance with all its contracts with other parties, and Custom Exterior Lighting, LLC assumes no responsibility for such contract requirements. Any reference to any such ancillary contracts contained in a contract between Customer and a third party shall not be enforceable against Custom Exterior Lighting, LLC unless Customer complies with this section.

Contract Documents; Conflicting Terms: This Agreement includes the Proposal, all general provisions, special provisions, specifications, drawings, addenda, change orders, written interpretations, and written orders for minor changes in Work. Work not covered by this Agreement will not be required unless it is required by reasonable inference as being necessary to produce the intended result. Specifically, the terms and conditions herein shall apply to the Proposal of the Work. The terms set forth herein shall be considered to govern any work performed for Customer to the extent that additional agreements do not address these general terms. In the event of a conflict of terms between this Agreement, any job agreement/purchase order, and/or specifications, this Agreement shall control.

Cure Period: If Custom Exterior Lighting, LLC’s Work is untimely, unsatisfactory, or otherwise deficient, then prior to hiring another Custom Exterior Lighting, LLC to ‘cover’ the Work, Customer agrees to state in writing the nature of Custom Exterior Lighting, LLC’s inadequacy and allow a period of at least thirty (30) days to cure, or longer if reasonably required to complete the inadequate work.

Delays: Custom Exterior Lighting, LLC shall not be liable whatsoever for any delays caused by the Customer or by laborers or subcontractors not employed by or contracted with Custom Exterior Lighting, LLC. Should Custom Exterior Lighting, LLC be delayed in the completion (or commencement) of its work due to other parties’ delay(s), then Custom Exterior Lighting, LLC will be given extensions necessary to compensate for the time lost. The time for such extension shall be liberally construed in favor of Custom Exterior Lighting, LLC. At the time Custom Exterior Lighting, LLC commences its Work, it shall notify the Customer of the amount, if any, of delay caused by third parties. If Custom Exterior Lighting, LLC is delayed at any time in the progress of the Work by Customer change orders, fire, labor disputes, acts of God or other causes beyond Custom Exterior Lighting, LLC’s control, the completion schedule for the Work or affected parts of the Work shall be extended by the same amount of the time caused by the delay.

Third Parties: Customer acknowledges that Custom Exterior Lighting, LLC is authorized to purchase materials and services from third parties as necessary to fulfill Custom Exterior Lighting, LLC’s obligations hereunder, or to contract with third parties if a particular service requires permits or licenses from relevant governmental entities.

Liens: Custom Exterior Lighting, LLC reserves the right to file preliminary notices and liens for non-payment to the fullest extent permitted by law.

Incompatible Structures: Custom Exterior Lighting, LLC reserves the right to cancel this Agreement if the site, structure, building, or property cannot Accommodate the system/Work without excessive costs. In such an event, Custom Exterior Lighting, LLC shall reimburse to Customer any payments made toward the system/Work that was not completed.

Contractor Services: Custom Exterior Lighting, LLC shall supply the items necessary for its Work in a professional and workmanlike manner.

Survival of Obligations: If this Agreement is terminated for Customer’s breach, Customer shall be obligated to pay Custom Exterior Lighting, LLC for all the Work performed through the date of termination of lease.

Title of Equipment: Custom Exterior Lighting, LLC shall retain title to all equipment, materials, software, firmware and improvements covered by the Proposal.

Insurance: Custom Exterior Lighting, LLC shall purchase and maintain such insurance necessary to protect from claims under workers compensation and from any damage to the Customer’s property resulting from the conduct of this Agreement.

Indemnity: Customer shall hold Custom Exterior Lighting, LLC and its agents harmless and indemnify Custom Exterior Lighting, LLC and its agents from any damages, claims, or liabilities, including attorney fees and costs arising in any manner from, or in any way related to, services or materials provided to the customer by any third-party unrelated to Custom Exterior Lighting, LLC including, but not limited to, any claims for personal injury, property damage, defective workmanship or construction, or claims for infringement of any patent rights or any intellectual property rights, except for matters that arise out of, pertain to, or relate to the active negligence or willful misconduct of Custom Exterior Lighting, LLC, or its other agents, other servants, or other independent contractors who are responsible Contractor, or for defects in design furnished by those persons, or to the extent the matters do not arise out of the scope of Work of the Customer pursuant to the applicable Work documents.

Liability: Custom Exterior Lighting, LLC hereby disclaims any and all obligations owed by the Customer to any third party unless agreed to in a separate written agreement by both Parties. Unless set forth herein or specifically acknowledged in writing and in clear and conspicuous terms requiring the signature of Custom Exterior Lighting, LLC, then Custom Exterior Lighting, LLC shall have no liability whatsoever for liquidated damages associated with the Work.

Notwithstanding the above, Custom Exterior Lighting, LLC is only liable for any liquidated damages to the extent that Customer has actually incurred and paid such liquidated damages to another party and the delays giving rise to the liquidated damages are the legal and proximate result of Custom Exterior Lighting, LLC’s conduct. In addition, nothing herein shall be construed to alter the limitation of liability set forth herein.

Limitation of Liability: IN NO EVENT SHALL CUSTOM EXTERIOR LIGHTING, LLC BE LIABLE TO CUSTOMER, ITS EMPLOYEES, SUBCONTRACTORS, AND/OR AGENTS, OR ANY THIRD PARTY, FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS FOR ANY CLAIM OR DEMAND OF ANY NATURE OR KIND, ARISING OUT OF ANY WAY RELATING TO THIS AGREEMENT OR THE WORK.

Waivers: Custom Exterior Lighting, LLC agrees that, as applicable, it will execute and deliver lien waivers to Customer upon completion of the Work and payment of the balance of the Total Amount Due.

Waiver: Failure by either Party to enforce any provision of this Agreement shall not constitute waiver of such right or affect the validity of this Agreement or any order relating thereto.

Severability: If any term or other provision of this Agreement is invalid, illegal or incapable of being enforced by any law or public policy, all other terms of this Agreement shall nevertheless remain in full force and effect, so long as the economic or legal substance of the Agreement is not affected in any manner materially adverse to any Party.

Acceptance of Terms: If Customer has received these terms and conditions in this Agreement and fails to sign this Agreement, but nonetheless prompts Custom Exterior Lighting, LLC to begin Work, then such actions will be deemed to be Customer’s acceptance of the terms in this Agreement.

Interpretation: All Parties have had the opportunity to have their own independent counsel review these terms and conditions, and these terms and conditions shall be construed fairly and equally as to all Parties as if drafted jointly by them. Any uncertainty or ambiguity shall not be interpreted against any Party.

Attorney’s Fees: In the event it is necessary to use an attorney to collect any amounts owing under this Agreement, or to otherwise enforce any terms of this Agreement, the prevailing Party shall be entitled to recover and collect its reasonable attorney’s fees and costs.

Liability Exclusions: Custom Exterior Lighting, LLC shall have no liability for damage or injury to any of Customer’s property unless it was the result of the reckless conduct of Custom Exterior Lighting, LLC’s employees or agents. Customer acknowledges that some parts or aspects of Customer area may be

fragile and that despite reasonable care may be damaged in the process of the installation of the equipment and Custom Exterior Lighting, LLC shall have no fault, therefore.

Time of Completion: The Custom Exterior Lighting, LLC agrees to install the Work in a commercially reasonable time frame.

Invoicing Disputes: Customer agrees to notify Custom Exterior Lighting, LLC, in writing, of any error in any invoice within three (3) business days after the delivery of the equipment. Customer’s failure to notify Custom Exterior Lighting, LLC shall be deemed acceptance of the equipment and charges as rendered and set forth in the invoice(s). If Customer fails to notify Custom Exterior Lighting, LLC in writing of any disputed charges outlined in this Section, Customer shall be deemed to have accepted all charges and shall waive its right to dispute any such charges in the future. If Customer does not pay the contract sum as outlined herein, Customer agrees that Custom Exterior Lighting, LLC may file a lien against the project site.

Collections: If customer does not pay money owed, Customer agrees to pay collection fees and legal fees incurred in the collection of monies in order to make Custom Exterior Lighting, LLC whole.

Access to Property: Customer agrees to provide safe and secure access to the project site during normal working hours and agrees to have the work area free of materials or stored items, and unchained animals. Customer hereby waives, releases, and agrees to indemnify.

Photo Authorization: Client agrees and authorizes Custom Exterior Lighting, LLC to use any photos taken in any and all advertising, business-related, and marketing materials.

Seasonal Lighting Terms and Condition

You are paying for a complete Holiday Lightning Package that includes the lighting design, materials, installation, maintenance throughout the season, take down, and storage until the following season. You are not purchasing the lights. You are utilizing our all inclusive service.

We are Not responsible for repairs or replacement of materials that are damaged by clients, other service providers on the property, acts of God, or damage caused by rodents. (Examples: Landscaper cutting lights when trimming bushes, a homeowner trying to connect another set of their own lights to the installation and the power overloading, squirrels eating lights to make a nest, ect.)