SERVICE TERMS & CONDITIONS
Handyman Electric, LLC ("Handyman") and Customer agree that the following terms and conditions apply to all parts and services sold or provided by Handyman to Customer.
All of Handyman's estimates and the materials and services listed on them are subject to the terms and conditions below. By signing any Handyman estimate, you agree to these terms and conditions. All Handyman estimates are irrevocable and final, unless cancelled with Handyman's written consent. Any hand marked changes to Handyman estimates are void.
1. Scope of Services; Payment
Handyman agrees to provide Customer the materials and services described in the Estimate in exchange for Customer's payment of the total amount set forth in the Estimate. Handyman may require Customer to pay all or part of the amount due before beginning work. Otherwise, Customer agrees to pay Handyman immediately upon completion of the work. Customer agrees that Customer's payment obligations are not satisfied until Handyman receives the entire amount due in good funds.
2. Delay in Delivery / Installation / Risk of Loss
Handyman agrees to exercise its best efforts to perform the work on the date set forth in the Estimate. However, the date set forth in the Estimate is not a definite completion date and time is not of the essence. Handyman shall not be liable for any damage or loss sustained by Customer as a result of delay in delivery or provision of the materials or services described in the Estimate.
3. Acceptance of Services
Handyman agrees the materials and services will be in good working condition upon completion. Customer agrees to inspect Handyman's services upon completion. Customer must provide Handyman notice of any errors or omissions in the service provided by Handyman within thirty (30) days of completion. Upon expiration of said thirty (30) days, the services shall be deemed accepted by Customer. If Customer provides proper notice within the thirty (30) day period, Handyman agrees to repair and replace any defective work or materials which Handyman can conclusively determine is the sole result of its own errors or omissions. In any event, Handyman shall not be responsible for defects, repairs, or other liabilities resulting from Customer's tampering with the materials or services or incorporation of defective or inadequate components or appliances into the service. Handyman shall not be liable for any damage to materials or the services caused by Customer or a third party.
4. Security Interest
To secure Customer's obligations, Customer grants Handyman a security interest in the materials and equipment installed by Handyman, and Handyman is authorized to file a financing statement.
5. Limitation of Liability; Indemnification
Customer agrees that under any and all circumstances, Handyman's liability shall be limited to the total amount due from Customer to Handyman as stated in the Estimate. Handyman shall not be liable for any other damages, whether actual, consequential, or special damages. Customer agrees to indemnify and hold Handyman, its employees, agents, and owners, harmless from and against all claims, lawsuits, and liabilities (including attorneys' fees) alleged by third parties to be caused by Handyman's performance of the services described in the Estimate. Customer agrees there are no third-party beneficiaries.
6. Lien Law
By signing the Estimate, Customer acknowledges that Handyman is furnishing labor and materials to Customer and has the right to enforce its claim for payment against Customer's property by filing a lien pursuant to RCW 60.04 without sending prior notice to Customer. Customer acknowledges that Handyman has provide Customer all notice required under RCW 60.04 and that Customer is specifically aware of Handyman's right to file a lien against the Customer's property to collect payment.
7. No Warranties
Other than as expressly set forth herein, Handyman makes no representations or warranties for the work. Handyman expressly disclaims any implied warranties, including implied warranties of merchantability or fitness for a particular purpose.
If client fails to perform or observe any term of the Estimate or these terms and conditions, Handyman may suspend its services, or terminate the Estimate and repossess any materials not already affixed to Customer's real property.
9. Governing Law and Attorney Fees
Customer agrees that jurisdiction and venue concerning any disputes not settled by mediation or arbitration and arising out of this Agreement shall be proper in the Superior Court of Spokane County, Washington. The Estimate and these terms and conditions shall be construed in accordance with and governed by the laws of the State of Washington. In the event the Estimate and theses terms and conditions are placed in the hands of an attorney to enforce their terms, including any materialman's lien action, the prevailing party shall be entitled to recover its costs and reasonable attorney fees, regardless of whether or not a legal action was initiated.
If any part, clause, or condition of this Agreement or Estimate is held to be invalid or unenforceable for any reason whatsoever, such determination shall not affect any other provision or portion hereof.
11. Entire Agreement
This Agreement, together with the Estimate, is final and fully integrated, and is the complete and exclusive understanding of the Customer and Handyman with respect to the subject matter hereof. There are no representations, warranties, or covenants not contained in this this Agreement or the Estimate. This Agreement, together with the Estimate, may not be modified or amended, except in a writing signed by both Handyman and Customer.