The Mutual Release Form
THIS AGREEMENT made and entered into between The Pacesetter Corporation (referred to herein as "Pacesetter") and Kenneth and Latrice Innes (collectively referred to herein as "Buyer"):
On December 2, 2001, Pacesetter and Buyer entered into Sales Contract # (hereafter referred to as the "Contract") under which Pacesetter agreed to manufacture and install window and door products at Buyer's residence. A dispute arose between the parties regarding the delay in installing some of the windows and the installation workmanship,and the parties wish to settle and compromise their dispute.
Buyer has agreed to forego installation of the garage door described in the Contract, and Pacesetter will therefor credit the balance remaining under the Contract. The Amount Financed under the Contract will be reduced by $3,800, from $15,700 to $11.900. All other installation and service work has now been completed by Pacesetter and accepted by Buyer. All warranties for the products installed shall remain in full force and effect.
Pacesetter and Buyer hereby release each other and their respective officers, agents, employees, heirs and representatives from any and all claims, demands, and obligations (both known and unknown) arising out of the Contract and the dispute between them. Buyer expressly waives all of Buyer's rights under Sections 1542 of the California Civil Code which states:
Section 1542 [Certain claims no affected by general release.] A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known to him must have materially affected his settlement with the debtor.
By executing this Mutual Release, each party compromises and settles that party's claims against the other, relinquishing all claims against the other, which have arisen to date. This Mutual Release is not, and shall not be treated as an admission of liability by either party for any purpose. It is further understood and agreed that neither party will make any allegations or complaints to any consumer protection agency, contractor board, or similar group regarding this dispute, to the end that both parties will be assured that this matter is settled completely and finally.
IN WITNESS WHEREOF, the undersigned parties have respectively executed this document on the date and year appearing with their signatures.