Re: My obligation to honor warranty!
My warranty statement.
Feel free to run it by your lawyer and/or use it. Just don't claim you made it up.
Agreement set forth by Alpha Electrical Contractors (AEC)
TERMS AND CONDITIONS AND WARRANTY
Terms and conditions as stated herein become a part of our quotation and will apply to the acceptance by Alpha Electrical Contractors (herein known as AEC) of your order. All terms and conditions expressly specified herein shall render null and void any conflicting terms and conditions in any and all other contracts relative to this proposal. 1) Quoted prices are valid for 30 days. Project scheduling will begin upon receipt of 30% materials deposit. No work will be scheduled prior to receipt of 30% deposit for any reason. 2) In order to perform work we must have access to the work place in accordance with our provided timeline to complete the project. 3) When performing electrical work, electricity may need to be shut off in order to isolate the problem. Shutting off your electric may leave some appliances without power. (i.e., refrigerators, freezers, water heaters) 4) Prices do not include KY sales tax. KY state sales tax will be applied to all projects unless other arrangements have been made. 5) Unless specified otherwise, all work performed by AEC will conform to the guidelines set forth by the Nation Electric Code (NEC), and the National Fire Protection Association (NFPA). 6) Correction of Work: After the contract is substantially completed, a representative from AEC and the customer/customer's representative shall jointly inspect the work and a single list (punch list) shall be prepared identifying all work to be completed or corrected. There shall be only one such written list of work identified to be incomplete or incorrect, and the customer/customer?s representative shall sign the list. AEC shall then expeditiously complete all work stated on the punch list for which they are responsible in the terms of this Agreement. The customer/customer's representative shall not contract with any alternative contractor for the performance or completion of work within the scope of the Agreement, nor shall the customer/customer's representative claim a credit or back charge for the cost of completing an item stated on the written punch list, nor shall the customer/customer's representative occupy or use the stated work until and unless AEC is first given reasonable notice and opportunity to correct the work stated on the punch list referred to above. If the customer/customer's representative does contract with an alternate contractor to perform the punch list work or otherwise completes the project without first affording the above-described opportunity to AEC, or if the customer/customer's representative commences to use or occupy the space or work in which AEC performed work, the customer then agrees to accept all work "as is" and thereby waives any claim against AEC under the terms of the Agreement, including warranty claims. 7) Warranty: It will be the responsibility of AEC to insure that all material, products and taxes relating to the customer's project are paid and that there will be no potential lien claimants after the customer's final payment has been made to AEC. All work shall be performed in a professionally reasonable manner and there will be no defects in workmanship, as defined by the NEC. Materials or hardware used by AEC or its subcontractors shall be warranted only to the extent that the suppliers or manufacturers of those products provide a warranty. In the event that a defect is discovered in one of these products, AEC will assist the customer in securing a replacement or repairing the products for the duration of the product manufacturer's warranty. Warranty on the workmanship shall be for a period of 5 years from the date of the contract; unless otherwise specified in the warranty. All service work on existing electrical and/or adding to existing electrical is covered with a 1 year warranty. AEC will perform all necessary labor to repair or replace all defective work at no cost to the customer, and will expeditiously act in good faith to secure replacement products or materials under warranty of products or services. Any claim or cause of action arising out of the terms of the contract or warranty must be filed in a court of competent jurisdiction within the period of the warranty previously stated. Any warranty work performed during the warranty period does not extend the warranty any further than was previously stated in terms of the time from the date of the contract. All aspects of this warranty are void if a person or company other than AEC performs or re-performs any work within the scope of the warranty. In the event of a natural disaster, AEC is not responsible for damage that occurs to the work performed, and hence your warranty becomes void. In the event of a fire, malice, or any other action which may damage wiring specified by the agreement, AEC can not be held responsible. 8) AEC is not responsible for any plumbing, electrical, flooring, painting, decoration or other construction work unless specifically stated in the design specifications and construction details that are part of this agreement. AEC will not be held liable for reasonable damage to paint, wall covering, floor covering and ceiling materials associated with the installation of Electrical equipment. 9) Storage and handling charges will be applied to any and all projects undeliverable for more than 30 days due to delays caused by the real property owner, architects, interior designers, contractors, service people, vendors or any other source not including subcontractors, vendors and suppliers hired or paid directly by AEC. Storage charges are assessed at $ .40 per square foot, per day, 7 days a week. Handling charges are assessed at $5 per hour. Charges will be invoiced monthly and will be due prior to delivery or installation of any projects. Projects delivered to a site and not installed due to delays by others will be subject to full payment minus the cost of installation as determined by AEC at its sole discretion. 10) AEC does not guarantee any shipment or delivery date. Any time or date stated herein or otherwise identified by AEC or any of its agents or employees for shipment or delivery is intended as an estimate only. Accordingly, AEC shall not be liable for any damages of any nature whatsoever arising directly or indirectly out of a delay in shipment or delivery. 11) Account balances not paid within 30 days of invoice date will be charged a finance charge of 1-1/2% per month or the maximum permitted by law and a $25 late fee. All returned checks, for any reason, would incur a $30 handling charge plus bank fees, per occasion. Projects with, for any reason, past due balances, partial payments, returned checks, etc. may be delivered and or installed on a pre- paid basis at the sole discretion of AEC. Any hold back or retainage shall be paid within five days of the completion of the original punch list items. No claims will be accepted on accounts with unpaid balances. 12) Any changes customer/customer?s representatives make after the original invoice is created can and will be billed to the customer/customer?s representative in adding to the original invoice. Changes do not necessarily constitute a change in pricing, but are subject to a change in pricing. No work will be performed without this invoice and contract first signed by both parties. (Customer/customer?s representative and AEC). 13) ELECTRICAL ROUGH-IN: When the Heating and Plumbing contractor have finished, the framer should return to the home, and do his "back-out" BEFORE the electrician starts. Framing "back-out" is a term used when the framer installs all drop ceilings, soffits, fire-blocking, stair way walls, basement floating walls, chases around heat and plumbing stacks, furring strips in the garage and elsewhere, and all final framing. The framer also repairs whatever was disturbed or damaged by the heating and plumbing contractors. Before the electrician can begin work, in most municipalities, the roof covering (shingles, etc.) must also be completed. Check with the municipality before you schedule the electrician! Some municipalities also require a licensed electrician to be on the job site and a separate electrical permit to be "pulled". Insure this happens if it's required. AEC will provide all permits, labor, materials and components (meter housings, breaker panels, etc.) to adequately wire and trim out the home to meet all electrical inspections for the home. It is up to the home owner to purchase fixtures to hard wire into the home. A basic lighting package can be supplied and installed only when included in estimate. When the Electrician begins, he will normally mark the walls with switch and outlet locations according to the electrical plans you provided him. Let him know of any extras- air conditioning, whole house fans, extra telephone jacks, television outlets, etc. He'll also install the outlet and switch boxes, and may begin to "drill out" the first day. Once the home is drilled out, the electrician will begin to pull wire. No other contractor should be in the home when the electrician does his work. (The Plumber and Heating Contractor should be complete with their work) They may accidentally nick or burn wires. This is a big a safety hazard! The electrician should mount the electric meter housing and service panel as soon as possible. Once this is done, the electric utility company should be called. The electric lateral should be requested to be run from the pedestal or transformer to the home service. This can take a month or more once the utility company is notified! NOTE: A 50% payment of the total balance is due upon completion of the rough-in portion of the job at hand. This sum is to be collected when our work passes the rough-in inspection. Contractors need only to agree to these terms one time, for it will be implied that you agree to these terms and conditions for all future jobs as well.
Customer/Customers Representative_____________________________________________________________________Date___________________________
AEC/AEC Representative______________________________________________________________________________Date___________________________
