Common use of General Business Law Clause in Contracts

General Business Law. If this Agreement is deemed to be a Home Improvement Contract under the NYS General Business Law §770, et seq., Customer is entitled to various notices. A description and explanation of this law can be accessed at xxxx://xxx.xxx.xx.xxx/lands/5341.html This Agreement may also be subject to the federal Consumer Leasing Act (15 USC 1667 et. seq). xxxx://xxx.xxxxxxxxxxxxxx.xxx/boarddocs/supmanual/cch/leasing.pdf Statement of Acknowledgement: By signing, all parties acknowledge that they have read and understand all of the above information and requirements and agree to abide by them. Contractor: By signing below, the Contractor confirms that there is a fully-executed Agreement to install the PV project that has been signed by both Contractor and Customer and that the costs and incentives stated on the NYSERDA approved application for incentive funding are complete and accurate. The Contractor is responsible for keeping this document on file. NYSERDA may request, at any time, that a signed copy of this addendum be provided. Contractor further attests that the customer signature appearing below is the true and genuine signature of the customer and that it was affixed to this document on the date indicated. Print Customer Name Customer Signature Date Contractor Company Name Contractor Name (Print) Contractor Signature Date New York State Department of Taxation and Finance New York State and Local Sales and Use Tax Certificate of Capital Improvement ST-124 (2/12) After this certificate is completed and signed by both the customer and the contractor performing the capital improvement, it must be kept by the contractor. Read this form completely before making any entries. This certificate may not be used to purchase building materials exempt from tax. Name of customer (print or type) Name of contractor (print or type) Address (number and street) Address (number and street) City State ZIP code City State ZIP code Sales tax Certificate of Authority number (if any) Sales tax Certificate of Authority number (if any) To be completed by the customer Describe capital improvement to be performed: Project name Street address (where the work is to be performed) City State ZIP code I certify that: • I am the (mark one) owner tenant of the real property identified on this form; and • the work described above will result in a capital improvement to the real property within the guidelines of this form; and • this contract (mark one) includes does not include the sale of any tangible personal property that, when installed, does not become a permanent part of the real property (for example, a free-standing microwave or washing machine). I understand that: • I will be responsible for any sales tax, interest, and penalty due on the contractor’s total charge for tangible personal property and for labor if it is determined that this work does not qualify as a capital improvement; and • I will be required to pay the contractor the appropriate sales tax on tangible personal property (and any associated services) transferred to me pursuant to this contract when the property installed by the contractor does not become a permanent part of the real property; and • I will be subject to civil or criminal penalties (or both) under the Tax Law if I issue a false or fraudulent certificate. Signature of customer Title Date To be completed by the contractor I, the contractor, certify that I have entered into a contract to perform the work described by the customer named above, and that I accept this form in good faith. (A copy of the written contract, if any, is attached.) I understand that my failure to collect tax as a result of accepting an improperly completed certificate will make me personally liable for the tax otherwise due, plus penalties and interest. Signature of contractor or officer Title Date This certificate is not valid unless all entries are completed. ST-124 (2/12) (back) Guidelines When the customer completes this certificate and gives it to the contractor, who accepts it in good faith, it is evidence that the work to be performed will result in a capital improvement to real property. A capital improvement to real property is an addition or alteration to real property that: