ELECTRICIAN NEAR ME, LLC – CONTRACTOR SERVICES TERMS AND CONDITIONS

 

The following Contractor Services Terms and Conditions (“Terms and Conditions”) constitute an agreement between Electrician Near Me, LLC, a Florida limited liability company (hereinafter, “Contractor”) and clients (each, individually a “Client”) who execute an estimate (“Estimate”) for residential or commercial services (as detailed and described in the Estimate; “Contractor Services”) to be performed by Contractor.  BY EXECUTING CONTRACTOR’S ESTIMATE AND/OR RECEIVING CONTRACTOR SERVICES, CLIENT WILL HAVE AGREED TO BE LEGALLY BOUND TO THESE TERMS AND CONDITIONS, AND TO THE PRICES AND CHARGES PROMULGATED BY CONTRACTOR, ALL OF WHICH ARE INCORPORATED HEREIN BY REFERENCE.  

 

The Terms and Conditions and  the Estimate (collectively, “Agreement”), constitute the entire agreement concerning the Contractor Services between the parties and supersede all prior agreements, understandings, statements or proposals concerning the Contractor Services, including representations, whether written or oral.  The language contained in any purchase order, invoice, acknowledgment form, or other ordering document or communication from Client that is not specifically accepted by an authorized officer of Contractor in writing does not  vary the Agreement  

 

 

1. Scope and Provisioning of Contractor Services.

Contractor shall provide Client with the Contractor Services included in the Estimate. Contractor shall provide the Contractor Services at the property described in the Estimate (“Property” or “Service Address”). 

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2. Client Responsibilities. 

Client shall provide Contractor, its employees, and representatives access to the Property to accomplish the Contractor Services.  This responsibility includes providing access prior to, on, and following the date of service for assessment, provisioning, and follow-up visits or remediation.  Contractor will endeavor to provide advance notice of such access requests, but, the aforementioned visits may be done with little to no notice. 

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3. Invoicing and Payment.

A fifty percent (50%) percent deposit is due at time of acceptance of the Estimate.  This deposit must be paid before Contractor Services will be scheduled. 

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Residential (max. 2 stories/8 units; living quarters): Unless otherwise agreed by the parties in writing, final payment in full is due upon the completion of the Contractor Services  (all deposits will be credited from the final payment amount due).  Contractor accepts payment via check, ACH or credit.  If paying via credit, Contractor accepts payment through a credit card processor link, which carries a 3.5% fee to paid by Client.  Checks should be made payable to “Electrician Near Me, LLC”.

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Commercial (business location and/or Client is a business): Upon completion of the Contractor Services, Contractor will invoice Client for the final payment amount due, crediting any deposits made.  Unless otherwise agreed by the parties in writing, payment in full is due within thirty (30) days of the date of the invoice.  

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4. Late Payment, Billing Disputes, & Failure to Pay.

If payment in full is not received by Contractor within fifteen (15) days of Residential project completion (or within thirty (30) days of invoicing for Commercial projects), Contractor reserves the right to charge a late fee equal to the lesser of the maximum interest rate permitted by law or 1 ½ percent per month for the total amount not timely paid.  Contractor charges a $50.00 fee for each NSF check, ACH bounce back, or credit card bounce back.  Acceptance of late or partial payments (even if marked “Paid in Full” or with other restrictions) shall not waive any of Contractor’s rights to collect the full amount of Client’s charges for the service.  Client agrees to reimburse Contractor for reasonable attorneys’ fees and other costs associated with collecting delinquent or dishonored payments and/or disputed invoices.  

 

5. Cancelation.

Cancelation by Client following the Effective Date of the Estimate will result in a ten percent (10%) fee “Cancelation Fee” based on the total amount of the Estimate.   Cancellation by Client shall include Contractor’s inability to provide Contractor Services due to Client’s breach of the Agreement or any of the terms and conditions set forth herein.  Contractor, in its sole discretion, may terminate the Agreement in whole or in part, at any time, without cause by providing written notice to Client.   Absent the return of any unused deposit, Contractor will not be liable to Client for compensation, reimbursement, or damages of any kind in connection with Contractor’s termination or suspension of the Agreement

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6. Warnings.

Contractor takes precautions to keep both its employees and representatives safe and avoid causing damage to the Property.  However, due to various reasons including but not limited to poor maintenance, neglect, age, wear and tear, and building material type, damage from Contractor can be inevitable. 

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7. DISCLAIMER OF ALL WARRANTIES.

CONTRACTOR MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND EXPLICITLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE (EVEN IF SUCH PURPOSE OR USE WAS MADE KNOWN), OR ANY WARRANTY ARISING BY USE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE OR ANY WARRANTY THAT THE CONTRACTOR SERVICES WILL MEET THE CLIENT’S REQUIREMENTS OR THAT THE CONTRACTOR SERVICES WILL BE WITHOUT FAILURE OR DELAY, EXCEPT AS XPRESSLY PROVIDED HEREIN. 

 

8. LIMITATION ON DAMAGES.

CONTRACTOR SHALL NOT BE LIABLE TO CLIENT OR TO ANY THIRD PARTIES FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES RELATING TO OR ARISING FROM THE CONTRACTOR SERVICES.  THE FOREGOING LIMITATION OF LIABILITY INCLUDES, WITHOUT LIMITATION, THE COST OF PROCURING SUBSTITUTE OR REPLACEMENT SERVICES, EQUIPMENT OR COMPONENTS, DAMAGES BASED ON LOSS OF REVENUES, PROFITS, OR BUSINESS OPPORTUNITIES AND SHALL APPLY WHETHER OR NOT CONTRACTOR HAD OR SHOULD HAVE HAD ANY KNOWLEDGE, ACTUAL OR CONSTRUCTIVE, THAT SUCH DAMAGES MIGHT BE INCURRED AND REGARDLESS OF THE LEGAL BASIS, INCLUDING TORT, USED FOR SUCH CLAIM.  

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9. LIMITATION ON LIABILITY.

UNDER NO CIRCUMSTANCES SHALL THE TOTAL LIABILITY OF CONTRACTOR TO CLIENT FOR ALL CLAIMS ARISING OUT OF OR IN ANY WAY RELATED TO THE AGREEMENT OR CONTRACTOR SERVICES EXCEED, IN THE AGGREGATE, THE TOTAL DOLLAR AMOUNT OF SERVICES CONTEMPLATED IN THE ESTIMATE. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF CLIENT’S REMEDIES UNDER THE AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE.

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10. Choice of Law and Venue.

Florida law governs the Agreement without regard to principles of conflicts of law to the extent such principles or rules would require or permit the application of the laws of any other jurisdiction, and each Party irrevocably submits to the exclusive jurisdiction of the federal courts of the United States of America located in the Middle District of Florida, Tampa Division, or the courts of the state of Florida, located in Sarasota County, Florida, in any suit, action, or proceeding involving the Agreement.

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11. Mandatory disclosure, Florida Statute 7.13

ACCORDING TO FLORIDA’S CONSTRUCTION LIEN LAW (SECTIONS 713.001-713.37, FLORIDA STATUTES), THOSE WHO WORK ON YOUR PROPERTY OR PROVIDE MATERIALS AND SERVICES AND ARE NOT PAID IN FULL HAVE A RIGHT TO ENFORCE THEIR CLAIM FOR PAYMENT AGAINST YOUR PROPERTY. THIS CLAIM IS KNOWN AS A CONSTRUCTION LIEN. IF YOUR CONTRACTOR OR A SUBCONTRACTOR FAILS TO PAY SUBCONTRACTORS, SUB-SUBCONTRACTORS, OR MATERIAL SUPPLIERS, THOSE PEOPLE WHO ARE OWED MONEY MAY LOOK TO YOUR PROPERTY FOR PAYMENT, EVEN IF YOU HAVE ALREADY PAID YOUR CONTRACTOR IN FULL. IF YOU FAIL TO PAY YOUR CONTRACTOR, YOUR CONTRACTOR MAY ALSO HAVE A LIEN ON YOUR PROPERTY. THIS MEANS IF A LIEN IS FILED YOUR PROPERTY COULD BE SOLD AGAINST YOUR WILL TO PAY FOR LABOR, MATERIALS, OR OTHER SERVICES THAT YOUR CONTRACTOR OR A SUBCONTRACTOR MAY HAVE FAILED TO PAY. TO PROTECT YOURSELF, YOU SHOULD STIPULATE IN THIS CONTRACT THAT BEFORE ANY PAYMENT IS MADE, YOUR CONTRACTOR IS REQUIRED TO PROVIDE YOU WITH A WRITTEN RELEASE OF LIEN FROM ANY PERSON OR COMPANY THAT HAS PROVIDED TO YOU A “NOTICE TO OWNER.” FLORIDA’S CONSTRUCTION LIEN LAW IS COMPLEX, AND IT IS RECOMMENDED THAT YOU CONSULT AN ATTORNEY.

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12. Dispute Resolution

Client agrees to first attempt to negotiate in good faith to resolve any claim or dispute of Client that in any way concerns the Agreement or the provision of Contractor Services (collectively or each individually a “Claim”).  Client must send a written description of its Claim to Contractor by email to office.elecnearme@gmail.com to start the review process with Contractor.  A written description must include specific information regarding the precise nature of the Claim, the facts giving rise to such Claim, the desired resolution, and other facts Client deems relevant.  Contractor shall have FORTY-FIVE (45) days to investigate and respond to the Claim.  ANY CLAIMS FOR CONSTRUCTION DEFECTS ARE SUBJECT TO THE NOTICE AND CURE PROVISIONS OF CHAPTER 558, FLORIDA STATUTES.  CLIENT AND CONTRACTOR ACKNOWLEDGE AND AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL OR PARTICIPATION AS A PLAINTIFF OR AS A CLASS MEMBER IN A CLASS ACTION.

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13. Service Description.

Statements or descriptions concerning the Contractor Service or these terms and conditions, if any, by Contractor or its employees or others are informational only and do not modify or amend or otherwise change the Agreement.  By signing the Estimate, Client acknowledges that it is has not relied on any such statements, promises, or representations, if any, and waives any rights or claims arising therefrom.

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14. Modifications.

Except as provided in this section, the Agreement may not be modified or changed except in writing signed by both Client and Contractor.  Handwritten changes to these Terms and Conditions or any Addenda/Amendments thereto by Client shall not bind Contractor.  

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15. Assignment.

Client may not assign any rights under the Agreement without the written consent of Contractor. Contractor may assign the Agreement at any time without notice.  Such assignment by Contractor shall not invalidate or render void any contract between Contractor and Customer. The Agreement shall be binding upon the heirs, successors and permitted assigns of the parties and inure to their benefit.  Any attempted assignment in violation of the foregoing restrictions shall be void.

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16. No Waiver.

Contractor’s failure to require or enforce strict performance by Client or any provision of the Agreement or to exercise any right under these Terms and Conditions shall not be construed as a waiver or relinquishment of Contractor’s right to assert or rely upon any such provision or right in that or any other circumstance.  

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17. Severability. 

If any provision of the Agreement shall be held or made invalid by a court of competent jurisdiction, statute, or rule, or shall otherwise rendered invalid, the remainder of the Agreement shall not be affected or rendered unenforceable thereby.  

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18. Survivability.

The provisions of the Agreement that, by their nature and content, must survive the completion, rescission, cancelation, termination, or expiration of the Agreement in order to achieve the fundamental purposes of the Agreement (including, without limitation, those provisions such as dispute resolution, disclaimer of warranties, and limitation of damages/liability), shall so survive and continue.

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19. Counterparts & Electronic Signature(s).

The Estimate may be executed in one or more counterparts, each of which will be deemed to be an original copy of the Estimate and all of which, when taken together, will be deemed to constitute the same agreement.  The exchange of copies of the Agreement and of signature and/or acknowledgement pages by facsimile or .PDF transmission shall constitute effective execution and delivery of the Agreement by the parties and may be used in lieu of the original Agreement for all purposes.  Signatures and acknowledgements of the parties transmitted by facsimile or .PDF shall be deemed to be their original signatures and acknowledgements for all purposes.  Signatures, acknowledgements, and documents electronically transmitted shall be binding and as valid as originals.