HomeMy WebLinkAbout2024-10-21 Twinkle 2024 AgreementTwinkle Lighting Client Terms of Agreement
This agreement is made during this Holiday Season between___________________________________(“Client") of
___________________________________________________________________________________(Address) and “Twinkle Lighting”
(“Contractor”) with an address of 40 Belvedere Street, Side 4, San Rafael, CA 94901 both hereafter collectively
referred to as the “Parties.”
WHEREAS, Contractor agrees to rent the products, parts and/or materials (hereinafter the “Goods”) to
client and to install, service, remove (“Installation Services”) same according to the specifications and other
provisions of this Agreement. The property in which installation, maintenance and removal services will be
applied is located at the above-specified address (hereinafter referred to as “Site”) and which property is
represented to Twinkle Lighting as that being owned by Client.
WHEREAS, Client agrees to pay the Twinkle Lighting charges for installation services and product
rental price for the Goods. The estimate details the Goods rented and labor furnished. Generally, Goods include
extension cords, connectors and commercial grade LED, 5mm wide angle lights, C9/C7/C6, etc. All Goods will
be applied, installed, connected, erected, used and cleaned in accordance with the instructions of the applicable
manufacturer. Client understands and agrees that Contractor will use all necessary applications to apply to said
Goods, including but not limited to, tucking in vinyl siding, hot glue, clear clips to brick, drill anchors/screws
into grouts and 3/8” staples on wood. A portion of the fasteners will remain on the property. Most staples
removed the following year upon new install.
NOW, THEREFORE, in consideration of the mutual promises set forth herein including the above
recitals and for other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the Parties hereto agree as follows:
Contractor responsibilities: Contractor will deliver Goods to Site and install, maintain and remove Goods
annually starting on the date of this agreement. Décor install takes place between Oct 15 and Dec 15 or by your
custom install* date. The timer(s) will be plugged in and set to turn on at 4pm and off at midnight. PLEASE
PLUG THE EXTENSION CORD INTO THE TIMER FOR YOUR LIGHTS TO TURN ON. DO NOT UNPLUG THE TIMER
FROM THE OUTLET.
For questions or to schedule a custom installation* date ($300 charge) please call 415.380.1988.
Contractor maintains satisfactory insurance to cover the liability of the contractor and any Agent for personal
injury, death, property damage, and workers’ compensation. Certificates available upon request.
Electricity:The Property must provide Twinkle Lighting clear access to safe and adequate electricity
commensurate with the volume of lights requested by the customer. Twinkle Lighting will require enough free
circuits to successfully handle the electrical load of the lighting package. High wattage devices must not be
tethered to the lighting package circuits. Twinkle Lighting will not be held responsible for inadequate, faulty, or
overloaded electrical sources at the place of service. If circuit breakers frequently need to be reset, this is often
an indication of inadequate power supply and may require a service call to locate additional clean circuits and
redistribute power. Customers may be required to provide electrical connection from inside the structure. If
the lighting package frequently resets circuit breakers in wet weather, the customer will be responsible for
providing additional clean circuits to Twinkle Lighting for redistributing the power load. Customers should not
tether personal lights or appliances to the Twinkle Lighting lights as it may result in exceeding fuse or circuit
limits and may require a service call.
Payment & Fees for Services: The total Agreement price for Installation Services and Rental Goods is
indicated in the Client Estimate. Client payment will be considered past due 5 days following the final
Town of Tiburon
1505 Tiburon Boulevard, Tiburon CA 94920
Docusign Envelope ID: 13DA25F9-443B-4B21-8877-4C5B60E44E6A
installment phase and thereafter a 7%interest will apply to the balance per month.We reserve the right to
remove your holiday lighting if we are not paid in full by December 15.The total payment assumes sound
existing points of attachments to the structure;and sufficient power otherwise,the price shall be adjusted for
increased cost.
Accelerated Payment:In cases where Client requests change to the Estimate with respect to installation,
scope,placement scheme,design selection,Goods or colors after down payment has been made,Contractor
will accelerate the full balance under the Agreement to be paid immediately and prior to Contractor’s further
performance.
Maintenance Service:This service is complimentary upon final payment and applies only to the scope of the
installation and issues due to Contractor installation defects.Where Goods require replacement or repair due
to vandalism,animals or Force Majeure the rate for such maintenance is $135.00 per hour with a one-hour
minimum plus the cost to repair or replace the Good(s).
Removal Service:Removal services begin January 2,weather permitting.This service is included and no
appointment is necessary.Specific removal requests must be submitted by December 15 for the Contractor to
honor the request.A later custom removal date request beyond Jan 20,will accrue a $300+fee for such
services.
Collection:If Client fails to pay the full balance as required herein,Contractor shall be entitled to recover their
legal fees and costs including reasonable attorneys’fees in connection with collecting,arbitrating,obtaining
judgment on an arbitration award or otherwise pursuing Client for collection.In addition,failure of Client to
fully pay all fees by December 15,shall be deemed a material breach of this Agreement and shall justify
immediate removal of all Goods at Site and a Lien will be placed on the property.
Termination for Cause:Except as otherwise provided for herein,either party may terminate this Agreement
upon the material breach of any of its representations,warranties,obligations or agreements hereunder of the
other party,if such breach remains uncured for 10 days following written notice to the breaching party,unless
where specifically specified in the Agreement.Client must coordinate and pick up owned product from our
warehouse.
Termination for Bankruptcy:Either party may terminate this Agreement if i)the other becomes insolvent or
ii)makes an assignment for the benefit or creditors,iii)files or has filed against it a petition in bankruptcy or
seeking reorganization,iv)has a receiver appointed,or v)institutes any proceedings for the liquidation or
winding up.Termination for relocation is acceptable.
Warranties &Representations:Client represents and warrants that Client has the power and authority to
enter into this Agreement.Client further represents and warrants that performance of this Contract by
Contractor and its Agents will not violate any existing real property easements,covenants,or rights of third
parties holding an interest in the real property upon which services are being rendered.
Contractor Warranty &Representations:CONTRACTOR WARRANTS THE INSTALLATION SERVICES WILL
BE PERFORMED IN A GOOD AND WORKMANLIKE MANNER PER INDUSTRY STANDARDS.CONTRACTOR’S
WARRANTY FOR INSTALLATION SERVICES SHALL EXTEND FOR A PERIOD OF TERM.CLIENT MUST GIVE
CONTRACTOR’S TIMELY WRITTEN NOTICE OF ANY WARRANTY CLAIM RELATING TO INSTALLATION
SERVICES.TO THE EXTENT PERMITTED BY LAW,CONTRACTOR EXPRESSLY EXCLUDES AND DISCLAIMS ANY
OTHER WARRANTY EXPRESS,IMPLIED OR STATUTORY,INCLUDING WITHOUT LIMITATION ANY IMPLIED
WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.CONTRACTOR DOES NOT
WARRANT THE GOODS.ANY AND ALL GOODS NOT INSTALLED BY CONTRACTOR AND/OR GOODS THAT HAVE
BEEN ALTERED OR TAMPERED WITH ARE EXCLUDED FROM CONTRACTOR’S INSTALLATION WARRANTY
AND CLIENT IS SOLELY RESPONSIBLE FOR MAINTENANCE OF SAME.
Limitation on Contractor’s Liability:CLIENT AGREES ITS SOLE AND EXCLUSIVE REMEDY AGAINST
CONTRACTOR AND AGENTS FOR DAMAGES IS REINSTALLATION OF THE GOODS IN A GOOD AND
WORKMANLIKE MANNER PER INDUSTRY STANDARDS,INCLUDING THE REPAIR OR REPLACEMENT OF ANY
GOODS TO THE EXTENT REASONABLY NECESSARY TO CORRECT THE DEFECTIVE INSTALLATION SERVICES.
Docusign Envelope ID: 13DA25F9-443B-4B21-8877-4C5B60E44E6A
CONTRACTOR IS NOT LIABLE FOR ANY STRUCTURAL DAMAGE OR OTHERWISE TO THE SITE FOR PROVIDING
SERVICES HEREIN. CLIENT SHALL HAVE NO OTHER REMEDY AGAINST CONTRACTOR OR AGENTS FOR LOSS
OR DAMAGES, INCLUDING WITHOUT LIMITATION, REMEDY FOR LOSS OR DAMAGE WHICH HAS NOT BEEN
REASONABLY MITIGATED, OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL,
CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THESE SERVICES.
Miscellaneous
Arbitration: All claims, disputes and other matters in question arising out of, or relating to, this agreement or
the breach of it except for claims which have been waived by the making or acceptance of final payment as
provided by Section entitled “Payment & Fees for Services,” will be decided by arbitration in Illinois in
accordance with the Arbitration Rules of the American Arbitration Association then in force. This agreement to
arbitrate will be specifically enforceable under the prevailing arbitration law. The award rendered by the
arbitrators will be final, and judgment may be entered upon it in any court having jurisdiction in Marin County,
California.
Entire Agreement & Modifications: This Agreement and attached Contract may be modified only by the
mutual written consent of both Parties. This Agreement sets forth the entire agreement between Client and
Contractor concerning the sale or rental of Goods and Installation Services and replaces and supersedes all
prior agreements and understandings relating thereto, both oral and written.
Force Majeure: Contractor will not be liable for nor be considered to be in breach of or in default under this
Agreement on account of, any delay or failure to perform this Agreement as a result of any causes or conditions
that are beyond such Contractor’s reasonable control, including but not limited to, weather, wildlife, power
shortages, defective ground fault plugs, floods, accidental tripping of cords, fires, earthquakes, swelling of the
ground, unauthorized additions to the system or other acts of the elements; from strikes, fires, acts of other
contractors, governmental controls, or acts of God; or from any other accidental or natural causes beyond its
control and inability to obtain the goods or from material or labor shortages or other conditions. If any said
event occurs, Contractor will give Client prompt notice of such and will use commercially reasonable efforts to
minimize the impact of the event.
Notice Address: Notices shall be deemed given as of receipt as shown by the records of FedEx, UPS, registered
US Mail, or other courier service. If properly addressed as first set forth above, either party may change their
address by notice in compliance with this section. Notices under this Agreement shall be made in writing and
delivered by such means as will establish a record of its delivery and receipt. Notices shall be addressed to the
Parties as set forth in the first paragraph of this Agreement.
Severability: If any part of this Agreement shall be deemed invalid, void or for any reason unenforceable, then
that term shall be deemed severable from all other provisions and shall not affect the validity and
enforceability of the balance of the Agreement. A waiver by either of the parties hereto of any of the covenants
to be performed by other party shall not be construed to be a waiver of any succeeding breach thereof or of any
covenant hereof contained.
Publicity: I represent I am the owner of the Site in which I am engaging the services of Contractor. I hereby
give Contractor and assign worldwide permission in perpetuity to use the images depicting the Site in any
media for promotional purposes. This permission is irrevocable and non-exclusive.
Headings: Headings are for convenience only and do not define, limit or affect the construction or
interpretation of this Agreement.
Integration: This Agreement revokes and supersedes all prior agreements between the Parties and is intended
as a final expression of their Agreement. This Agreement shall take precedence over any other documents that
may conflict with this Agreement.
Assignment: Contractor reserves the right to assign its rights and obligations under this Agreement to a
qualified third party designated by Contractor. In the event of such an assignment, Client agrees to look solely
to third party assignee for performance under this Agreement.
Client _______________________________________________________
Greg Chanis, Town Manager
Docusign Envelope ID: 13DA25F9-443B-4B21-8877-4C5B60E44E6A
10/21/2024
Twinkle Lighting
40 Belvedere St, Side 4
San Rafael, CA 94901
+14153801988
suzanne@twinklelighting.co
m
twinklelighting.com
INVOICE
BILL TO
Lea Dilena
Town of Tiburon
1505 Tiburon Blvd
Tiburon, CA 94920
INVOICE #1750
DATE 10/12/2024
DUE DATE 10/18/2024
ACTIVITY QTY RATE AMOUNT
C9 Warm WhiteHoliday Lighting for Town Hall: Gables, Gutters, Eaves, Pergola, Wreath 1 3,600.00 3,600.00
Wreath 36"Life-like 36" wreath, pre-woven with warm white LED light string and pine cones.
34 200.00 6,800.00
Twinkle TreesLighting of large trees in median across from Tiburon Lodge 4 2,000.00 8,000.00
Twinkle TreesLighting of Madrone trees at Town Fountain 4 250.00 1,000.00
C7 Warm WhiteString lighting on white railing at Ferry Plaza showcasing the waterfront approach
1 2,000.00 2,000.00
Twinkle products miscLarge, Red Bows on white railing at Ferry Plaza 40 43.00 1,720.00
Wreaths 48"Wreaths on each side, lower half of Railroad Museum 6 150.00 900.00
GarlandLife-like Garland with warm white LED light string & pine cones installed on Railroad Museum
15 135.00 2,025.00
Twinkle miscOld timey LED lanterns in 2nd floor windows of Railroad Museum 13 50.00 650.00
Twinkle TreesMaintenance of 5mm warm white LED lights in trees at: Town Hall, Boardwalk median, 1610 & 1630 Tiburon Bl. median
16 150.00 2,400.00
Twinkle miscMaintenance of 5mm warm white LED lights in trees on Arc Row 7 250.00 1,750.00
Special EquipmentBoom lift 1 2,000.00 2,000.00
Checks can be mailed to:
40 Belvedere, Side 4
San Rafael, CA 94901
Thank you for your continued business and prompt payment!
BALANCE DUE $32,845.00
Docusign Envelope ID: 13DA25F9-443B-4B21-8877-4C5B60E44E6A