Terms & Conditions

1. Entire Agreement; It is the express intent of the parties that all terms of this Agreement are contained herein. Any changes must be made in writing and signed by both parties. Seller’s business information is as follows: JSK Residential Inc. d/b/a Stiltz of South Florida, 1161 NE 45th Street, Ft. Lauderdale, FL 33334. Phone: (954) 990-5480

 

2. Entirety of Purchase Order; This Purchase Order (“PO”), including all attachments, constitutes the full agreement between Buyer and Seller. Buyer’s written acceptance, commencement of performance, or delivery of goods shall constitute acceptance. No additional or conflicting terms shall be binding unless reduced to writing and signed by an authorized representative of Seller.

 

3. Technical Survey & Specifications; 3.1 Conditional Approval. This Agreement is contingent upon Seller’s technical survey. If Seller determines installation is not feasible, the Agreement shall be void without penalty, and deposits refunded, less reasonable costs incurred in determining feasibility, including but not limited to ground-penetrating radar scans, engineering drawings, or related professional services. Refunds shall be issued within thirty (30) calendar days. 3.2 Specifications. Technical specifications are determined solely by Seller’s technical department. Equivalent or superior substitutions may be made without prior notice. 3.3 Performance Estimates. Any performance levels provided by Seller are illustrative only and not guaranteed.

 

4. Access; Buyer shall provide Seller’s surveyors, installers, and authorized contractors reasonable access to the premises to conduct assessments, installation, and any required remedial work.

 

5. Installation Scope; Installation is limited to a domestic or restricted-use through-floor lift, unless otherwise specified. Outdoor installation requires proper enclosure. Failure to provide proper enclosure may void the warranty.

 

6. Installation Schedule; All installation dates are estimates only. Seller shall not be liable for delays beyond its control, including but not limited to weather, labor disputes, permitting, shipping delays, supplier delays, or unforeseen construction issues.

 

7. Delivery of Goods; Products and equipment shall be delivered on the first day of installation commencement following Buyer’s payment of the installation commencement amount, which together with the initial deposit shall equal eighty-five percent (85%) of the total invoice. Buyer acknowledges that delivery of goods is expressly contingent upon receipt of such payment. Operation of the lift shall not be permitted until the total invoice has been paid in full.

 

8. Permits & Permissions; Buyer shall be solely responsible for obtaining all permits, approvals, and permissions required for installation unless Buyer has elected and paid for Seller’s permit service. If Seller’s permit service is selected, Seller shall submit and facilitate the permitting process on Buyer’s behalf; however, Buyer acknowledges that permit processing may take four (4) to six (6) months minimum, and Seller has no control over government agencies and shall not be liable for delays, denials, or additional requirements imposed by any authority having jurisdiction. A permit service fee shall be charged for submission and handling. In certain counties, including Broward and Miami-Dade, an additional elevator-specific permit may be required, which shall be itemized on Buyer’s invoice. Permit service fees are non-refundable. If Buyer elects to obtain permits independently or declines Seller’s permit service, Buyer shall bear full responsibility for permitting, code compliance, inspections, approvals, and all related costs, and Seller shall have no liability whatsoever for delays, denials, compliance issues, or any consequences arising therefrom.

 

9. Payment Terms; Fifty percent (50%) of the invoice total is due to commence the project.
Installation Commencement Payment: Thirty-five percent (35%) of the invoice total is due on the first day of installation. The remaining fifteen percent (15%) is due upon completion of installation and prior to turnover of keys or operation of the lift. Payments shall be made in accordance with Section 18. Seller reserves the right to halt, delay, suspend, or refuse installation for non-payment. 9.1 Checks shall be payable to Stiltz of South Florida. 9.2 Keys to the lift shall remain with Seller until full payment is received. 9.3 Late payments beyond five (5) days shall accrue interest at the rate of two percent (2%) per month, or the maximum amount permitted by applicable law, whichever is less. 9.4 If payment is not made, Seller reserves the right to disable or remove the lift, void applicable warranties to the fullest extent permitted by law, and pursue any and all remedies available at law or in equity.

 

10. Construction Terms; 10.1 Provision of Construction Services. Seller does not directly perform construction services. All construction work is performed by certified, trained contractors approved by Seller (“Authorized Contractors”). 10.2 Estimates. Construction estimates included in Seller’s proposals reflect standard work at agreed contractor rates. Upon acceptance of the estimate, construction costs shall be billed and paid directly by Buyer to the contractor. 10.3 Site Evaluation. Authorized Contractors will conduct a site visit to confirm scope. Work outside standard scope shall be quoted separately. Buyer shall be responsible for additional costs resulting from unforeseen conditions, including but not limited to plumbing, HVAC, electrical, or structural obstacles. 10.4 Use of Buyer’s Contractor. If Buyer elects to use Buyer’s own contractor, Buyer shall pay Seller a consultation fee for oversight of critical work. Buyer must also execute a separate agreement assuming responsibility for all construction-related work. 10.5 Non-Compliance. If Buyer’s contractor fails to meet required specifications, Seller’s contractor may attempt corrections at Buyer’s expense. Such costs shall be added to the final invoice.

 

11. Hard Surface Flooring Disclaimer; 11.1 Acknowledgment of Risk. Buyer acknowledges that installation of the lift on hard-surface flooring types, including but not limited to tile, marble, granite, stone, or similar materials, carries an inherent risk of cracking, chipping, or other damage due to the weight and pressure of the lift. 11.2 Standard of Care. Seller and its Authorized Contractors shall exercise reasonable care and workmanship during installation in an effort to avoid damage to such flooring. 11.3 Limitation of Liability. Buyer expressly agrees that Seller shall not be held liable or responsible for any cracking, chipping, or damage to hard-surface flooring arising from installation, provided that Seller and its Authorized Contractors have exercised reasonable care. Buyer assumes the risk of such potential damage as a condition of installation.

 

12. Electrical and Trailing Cable Disclaimer; 12.1 Power Supply Requirement. Buyer acknowledges and accepts that the lift requires a trailing electrical cable connected from the unit to a dedicated 220v power outlet. This outlet will remain visible in most cases, as it is an unavoidable requirement for providing continuous power to the unit. 12.2 Placement of Outlet and Cable. Seller and its Authorized Contractors shall use reasonable efforts to place the outlet and trailing cable in the most discreet and practical location available. However, Buyer understands and agrees that complete concealment of the trailing cable is not always feasible and that visibility of the outlet and cable is inherent to the installation. 12.3 Secondary Low-Voltage Cable. For installations involving a landing or void application, a secondary low-voltage cable shall be used to connect the lift to the gate or door lock. This cable enables communication for the upper gate or door lock to release when the lift is in its parked position at the upper floor. 12.4 Electrical Panel Requirements. Buyer acknowledges that a suitable electrical panel is required to support installation and operation of the lift. In the event it is determined that the electrical panel must be upgraded, modified, or replaced, Buyer shall be solely responsible for all associated costs. Such determination shall not constitute grounds for cancellation, delay, or invalidation of this Agreement. 12.5 Additional Information. Buyer is encouraged to request photographs or additional details from Buyer’s sales representative regarding the appearance and routing of the trailing cable and secondary low-voltage cable, if desired.

 

13. Warranty & Service; 13.1 Break-In Period. No labor or service charges shall apply during the first ninety (90) days following installation. 13.2 Inspection. A mandatory inspection shall occur within sixty (60) to ninety (90) days following installation. Failure to complete such inspection may void the manufacturer’s warranty. 13.3 Manufacturer’s Warranty. Each lift includes a twenty-four (24) month manufacturer’s parts warranty beginning at handover. No labor warranty extends beyond the initial break-in period unless otherwise stated in writing. 13.4 Exclusions. Warranty excludes battery failure, ordinary wear and tear, cosmetic damage, misuse, unauthorized service, environmental damage, or improper enclosure. 13.5 Void of Warranty. Warranty shall be void if unauthorized service occurs, if the lift is relocated, or if required environmental protection is not maintained. 13.6 Service Calls. Service calls incur a diagnostic fee. If no defect is found, no refund shall be issued. If repairs are needed, Seller will provide a quote for labor and parts. If repairs can be made during the visit, Seller may attempt them; otherwise, no additional diagnostic fee shall apply to a return visit for the same diagnosed issue. Replacement parts are warranted for sixty (60) days unless otherwise specified in writing. 13.7 Maintenance. Annual preventative maintenance is strongly recommended but is not included unless separately stated. Service packages are available separately. 13.8 Entirety of Warranty. No warranties, express or implied, exist beyond those expressly stated herein.

 

14. Cancellation Policy; 14.1 Buyer’s Right to Cancel. Buyer may cancel this Agreement within three (3) calendar days of execution in accordance with applicable Florida law. 14.2 Refund of Deposit. Any approved refund shall be issued by check within thirty (30) to sixty (60) days following Seller’s receipt of Buyer’s written notice of cancellation. 14.3 Limitation on Cancellation. No cancellations shall be accepted after three (3) days from the date of deposit. 14.4 Written Notice Requirement. All cancellations must be made in writing and delivered to Seller’s principal place of business via mail or email. Oral notice shall be deemed invalid and shall have no force or effect.

 

15. Handover & Training; An adult eighteen (18) years of age or older must be present on the final day of installation for walk-through and training. Final payment is due at that time. Keys and operation will not be released until training and payment are completed.

 

16. Dispute Resolution; Any dispute arising out of or relating to this Agreement shall be resolved exclusively in the Circuit Court of Broward County, Florida, and venue is fixed therein.

 

17. Returned Check Fee; A fee of Two Hundred Fifty Dollars ($250.00) shall apply to any returned check.

 

18. Payment Methods; Accepted forms of payment include check, cash, financing, and ACH via the QuickBooks invoice link. Credit card payments may be permitted only with Seller’s prior approval and shall be subject to a three and one-half percent (3.5%) processing fee. American Express (AMEX) is not an accepted form of payment under any circumstances.

 

19. Acceptance; By making any deposit or payment, Buyer acknowledges and accepts these Terms & Conditions.

 

20. Chargeback & Payment Dispute Protection; Buyer agrees that any attempt to dispute, reverse, or charge back a valid payment made under this Agreement without first providing written notice and an opportunity to cure shall constitute a material breach of this Agreement.

In the event of a chargeback or payment dispute:
• A $250 chargeback fee and $250 administrative fee shall be applied per occurrence
• Buyer shall be responsible for all merchant processing fees, bank fees, and any costs incurred by Seller in responding to the dispute
• Seller reserves the right to immediately suspend work, withhold delivery, disable operation, or remove equipment until the matter is resolved
• Seller may require all future payments to be made via certified funds (cashier’s check or ACH only)

Buyer acknowledges that all payments made are for goods, services, and/or specially ordered materials and are non-refundable except as expressly stated in this Agreement

 

21. Delivery of Goods Clarification; Buyer expressly agrees that delivery of goods occurs on the first day of installation, once the Installation Commencement Payment has been made, bringing the total paid to eighty-five percent (85%) of the contract value.

Upon delivery:
• Ownership of materials is transferred to Buyer
• Risk of loss transfers to Buyer
• Goods are considered accepted unless written objection is provided within twenty-four (24) hours

Buyer further acknowledges that the lift system is a custom ordered product and is not subject to return once delivered.

 

22. Acceptance of Work & Substantial Completion; Buyer agrees that the project shall be considered substantially complete upon installation of the lift in accordance with manufacturer standards and its intended operation.

Minor cosmetic items, adjustments, or punch-list items shall not constitute grounds for withholding final payment.

Failure to provide written notice of any claimed deficiency within forty-eight (48) hours of completion shall constitute full acceptance of the work.

 

23. Limitation of Claims; Buyer agrees that any claim, dispute, or cause of action arising out of this Agreement must be submitted in writing within thirty (30) days of the event giving rise to the claim.

Failure to do so shall constitute a waiver of such claim to the fullest extent permitted by law.

 

24. Attorney’s Fees & Collection Costs; In the event Seller is required to enforce this Agreement or collect unpaid amounts, Buyer agrees to pay all associated costs, including but not limited to:
• Attorney’s fees
• Court costs
• Collection agency fees
• Interest as permitted by law