PLATINUM ELECTRIC

TERMS & CONDITIONS

 

1.        DEFINITIONS

a.        The term “CONTRACTOR” herein refers to PLT Electric.LLC & Associates.

b.        The term “CLIENT” herein refers to person/agent whom the CONTRACTOR is rendering its services

2.        SITE CONDITIONS

a.        If CONTRACTOR must obtain access to other properties in the course of work, CLIENT shall secure permission such and hold harmless and indemnify CONTRACTOR and its employees and agents against all actions and consequences arising or relating to the use of said properties, including but limited to damage done in the normal course of work, excluding negligence, and for securing said property and its contents during and after work.

b.        CLIENT shall secure, remove, and protect all property, and its contents, including but not limited to adults, children, animals, cabinets, fixtures flooring, walls tiling, carpets, drapes, furniture, and vegetation during and upon completion of work, and shall hold harmless and indemnify CONTRACTOR, its employees, and agents against all claims arising out of CLIENT’s failure to do so.                

3.        LIMITED WARRANTY

a.        CONTRACTOR warrants its materials and workmanship to be free from defects for one year after performance, unless otherwise specified in writing. This warranty does not cover faults caused by misuse; negligence; or damage caused by acts of God, including, but not limited to earthquake. In the event that a manufacturer offers a warranty, said warranty shall negate and supersede CONTRACTOR’s warranty. This warranty is the only warranty by CONTRACTOR to CLIENT, and is in lieu of all other warranties, expressed or implied.

b.        CLIENT shall telephone CONTRACTOR within twenty four (24) hours of discovery of any warranty claim. CONTRACTOR will respond with reasonable promptness between the hours of 8:30 a.m. to 4:30 p.m. Monday thru Friday, excluding holidays.

c.        CONTRACTOR shall not be liable for electrical or other damages relating to drywall, stucco, roof, carpet, tile, floor, windows, fixtures, plumbing, furniture, and personal property from any defect or delay in responding to said warranty. CLIENT must take reasonable steps to mitigate damages.

d.        CONTRACTOR shall not be liable for lost profits, incidental, special, exemplary, indirect or consequential damages resulting from any work performed, or any problem, whether or not covered by this limited warranty.

4.        UNFORESEEN CONDITIONS

a.        If conditions and/or circumstances are encountered at the job site which are concealed physical conditions, or unknown physical conditions of an unusual nature, which differ materially from that which is visually ascertained, CLIENT agrees to accept responsibility for such conditions and those circumstances outside the control of CONTRACTOR and further agrees to pay for any labor or materials, including repair to damaged equipment of CONTRACTOR caused by such conditions and/or circumstances.

b.        It is the intent of this provision to make client responsible for all (1) unforeseen and concealed conditions, (2) for that which CONTRACTOR cannot control. Accordingly, CLIENT further agrees to hold CONTRACTOR harmless and shall indemnify and defend CONTRACTOR and all its agents and employees from and against all claims, damages, losses and expenses, including, but not limited attorney fees, consequential damages, arising out or as a result from the performance of CONTRACTORS work involving, affecting, or relating to such unforeseen or concealed conditions regardless of whether such damages are caused in part by CONTRACTOR.

c.        Asbestos or other hazardous materials remediation work – CONTRACTOR has no information whatsoever with respect to asbestos or other hazardous materials or substances in any portion of the CLIENT’s property and has not conducted any investigation in connection herewith. CONTRACTOR does not perform asbestos or other hazardous materials or substance removal and CONTRACTOR shall have no responsibility whatsoever and CLIENT expressly releases CONTRACTOR from any liability whatsoever and for any claims arising out of its presence, release, remediation action or work and for any costs, losses or damages CLIENT may suffer or sustain if it is found to exist on the CLIENT’s property. In the event asbestos or other hazardous materials or substances are found to exist on the CLIENT’s property or if, in order to obtain a building permit for the work to be performed by CONTRACTOR as set forth herein, any remediation action or work, including investigation is required to be performed on the CLIENT’s property concerning asbestos or  other hazardous materials or substances, all work by CONTRACTOR will cease until such time as CLIENT has, at CLIENT’s sole expense, caused said asbestos or other hazardous materials or substances to be removed in compliance with all applicable laws relating thereto.

d.        Mold or mold spores – CONTRACTOR recommends that you hire a professional water damage restoration company to clean and treat and area that has water damage or as a result of work performed. CONTRACTOR is not responsible for any damage or ill health caused by mold. CLIENT agrees to waive all claims against CONTRACTOR that may be related to such work.

e.        If for any reason, any maintenance visit is not performed either because of the CONTRACTOR or because of the maintenance agreement CLIENT, the monetary value does not exceed the cost of the maintenance agreement.

5.        SOLUTION NOT PERFORMED

 If suggested options are not chosen by the CLIENT and a failure is experienced, the CONTRACTOR is held harmless.

6.        STOPPAGES

a.        CONTRACTOR will not clean any drain line or sewer lines through a roof vent, if deemed unsafe.

b.        Any drain cleaning cable which becomes stuck in the line is the responsibility of the CLIENT for removal and/or additional repairs.

c.        If sewage spill is deemed hazardous material, the cost of cleanup is the responsibility of the CLIENT.

7.        LICENSE, PERMITS, AND FEES

a.        CLIENT shall furnish and pay for, at their own expense, all taxes, license fees required to legally perform the repair work in accordance with this agreement.

b.        Access to the property for an agent of administrative authority must be provided within a reasonable time. Should reasonable access not be provided, it may result in additional charges to the CLIENT.

c.        If at any time the administrative authority asks for additional works not related to our original contract, the work is the responsibility of the CLIENT. CONTRACTOR will provide and additional flat rate for that work.

d.        All notices related to work performed by CONTRACTOR which are sent to the property owner must be forwarded to the CONTRACTOR and a reasonable amount of time allowed for the process.

8.        PAYMENT

a.        All work is done on a fixed flat rate. The price includes materials, Tax, and Labor. NO BREAKDOWN WILL BE PROVIDED!

b.        Payment for the work described herein this Agreement shall be immediately due upon completion of the work, unless otherwise specified in writing.

c.        No deduction shall be made from payments due CONTRACTOR on account of penalty, liquidated damages, back charges for alleged defective work, or other sums withheld from payments to other CONTRACTORS, or on account of the cost of charges of defects in the work. Furthermore, CLIENT agrees and recognizes that payment for services rendered by CONTRACTOR when due is an express condition precedent to CONTRACTOR continuing work as herein described in this agreement. CLIENT recognizes that the failure to pay for services when due shall entitle CONTRACTOR to terminate work immediately. In the event that the CONTRACTOR terminated work for non-payment as herein described, CONTRACTOR shall be entitled to all of its reasonable expenses including, but not limited to, cost of labor, materials, a reasonable allowance for overhead and profit, and all other compensation as allowed by law. All warranties will be void.

9.        RIGHT TO TERMINATE IN EVENT OF DISPUTE

   In the event of a dispute between CONTRACTOR and CLIENT, CONTRACTOR and CLIENT agree that the CONTRACTOR immediately terminate the work described herein. In the event of such termination, CONTRACTOR shall be entitled to payment for all services rendered including cost of all labor, materials, reasonable profit and overhead. In the event of cancellation by CLIENT after contract has been signed, CONTRACTOR is entitled to a minimum fee of 10% or $1000 whichever is less. In the event of cancellation by CLIENT after work has commenced, CONTRACTOR is entitled to 10% or payment for work performed, whichever is more.

10.     NOTICE OF DEFECTIVE WORK

   Upon completion of the work, CLIENT agrees to exercise due diligence in inspecting the work for defective workmanship and materials. CLIENT agrees to notify CONTRACTOR within forty eight (48) hours of completion of the work described hereunder of all defective work, if any. CLIENT agrees that upon discovery of any allegedly defective work, CLIENT shall immediately call CONTRACTOR, who shall have the first opportunity to repair the allegedly defective. The failure to allow CONTRACTOR the first opportunity to repair the allegedly defective work shall void all warranties, expressed and implied hereunder. CLIENT agrees and recognizes that they shall not withhold any payments for allegedly defective work. CONTRACTOR is not responsible for reimbursement for work performed by any other company or individual.

11.     SERVICES NOT COVERED

   CONTRACTOR will not perform any other work or trade than that which is specified herein, including but no limited to carpentry, plaster/wall work, tile work, landscaping, masonry, flooring, roofing, paving, etc., unless specified in writing. Unless otherwise stated, paint, plaster, stucco, and landscaping is the responsibility of the CLIENT.

12.     SCOPE OF AGREEMENT

   This agreement represents the entire and integrated agreement between the CLIENT and CONTRACTOR and supersedes all prior negotiations, representations or agreements, either oral or written. This agreement may be amended only by a written instrument offered by the CONTRACTOR and accepted by CLIENT.

 SEND ALL CORRESPODENCE TO CORPORATE OFFICE AT:

23902 SILVERSMITH LN. KATY, TX 77493