Warranty             (Nothing hidden - it's right here!)

Below is a basic service contract we use that includes our warranty

Service Contract (Agreement)

This SERVICE CONTRACT (this “Agreement” or this “Service Contract”), effective as of

___________________ is made and entered into by and between __________________________________________________________________ (hereinafter the “Customer”), and

Building One Service Solutions a Texas company, with a registered address located at 5561 Ragan Drive, The Colony, TX 75056  (hereinafter the “Contractor”).

PROJECT “DELIVERABLES” 

Whereas, Contractor and Customer desire to enter into a relationship in which Contractor will provide services as follows:

Now, therefore, in consideration of the premises, and of the mutual promises and undertakings herein contained, the parties, intending to be legally bound, do hereby agree as follows:

DEFINITIONS

For purposes of this Agreement, the following terms shall have the following meanings:

  1. “Services” means any and all services specified in the Statement of Work (as defined below).
  2. “Deliverables” means any tangible property, including labor for the removal and installation of before mentioned deliverables delivered to Customer under this Service Contract, and as specified in the service description above.
  3. “Project” means the combination of Services and Deliverables to be provided under this Agreement.  

TERM

 The term of this Agreement shall commence on ____________________, and shall terminate once the before mentioned project work “deliverables” are complete to the client’s satisfaction with their final signature herein noted on the next page.            

TERMS OF PAYMENT

  1. PRICE.  Project will be performed on a firm fixed price basis based on our original quote of

$______________________________, as indicated in the applicable “Deliverables” description.  Any additional or unscheduled Services or Deliverables to be provided by Contractor outside of the before mentioned Project “Deliverables” must be mutually agreed upon in writing signed by both parties hereto referencing this Agreement.

  1. TAXES.  The Project Price notated in this Agreement includes all applicable sales taxes.
  2. PAYMENT SCHEDULE.  Customer will receive a final invoice upon completion of Project Deliverables as described. Invoices are due and payable within 10 days of Contractor’s invoice date.  Interest may be charged on all amounts unpaid after 11 days at the annual rate of 1-1/2 percent per month or the highest legal rate, whichever is lower. If any invoice is not paid by the due date, Contractor may begin proceeding to place a mechanics lien on customer’s property after the 31st day of non-payment

ACCEPTANCE

  1. The Deliverables, shall be deemed accepted by Customer upon completion of the project “Deliverables” stated on page 1 of this Agreement for the price mentioned above. Immediately upon receipt of said Deliverables and by signing acceptance below, Customer shall promptly pay in accordance to the above mentioned Payment Schedule.

_____________________________________________________  (Project Completion Signature)

_____________________________________________________  (Print Name)

_____________________________________________________  (Date Project Work Accepted)

  1. Customer shall either promptly provide Contractor with written acceptance of the Deliverable above, or deliver to Contractor a detailed written statement of nonconformities to be corrected prior to Customer’s acceptance of the Deliverables. Unless otherwise agreed to in writing by the parties, Contractor will redeliver corrected Deliverables to Customer within a reasonable amount of time after receipt of such statement of nonconformities.
  2. Following redelivery of corrected Deliverables, any such written statement of nonconformities shall provide sufficient detail to enable Contractor to remedy the failure to conform to the Completion Criteria. If Customer fails to provide a written acceptance or a written statement of nonconformities within five (5) days of initial receipt of said Deliverables or such other mutually acceptable period as defined in the applicable Statement of Work, or within five (5) days of re-delivery of said corrected Deliverables or such other mutually acceptable period, the Deliverables shall be deemed immediately accepted by Customer.

WARRANTIES AND REMEDIES

  1. Contractor warrants deliverable functionality substantially as defined in the Statement of Work for a period of 10 years for installation and selected product’s warranty offered and selected by client following final delivery.
  2. Contractor utilizes top quality products with varying warranties on each product as selected. Examples of product warranties can be as follows: Selection can be made below for specific product unless a different products is requested and the product warranty is applicable by that manufacturer.
  • LISTED SPECIFIC TYPE OF SHINGLES AND MANUFACTURER'S INFORMATION PER PROJECT:
  • _________________________________________________________________________________________________________________________
  • We also use other roofing products with a 25 year lifetime warranty for the actual shingles as well.  

            Warranty for Other Product:  ____________________________________________

            ___________________________________________________________________

            Labor and Installation Warranty for all Products above ________________________

            ___________________________________________________________________

  1. Except for the warranties stated in this Section, Contractor DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO THE SERVICES AND DELIVERABLES, EXPRESS OR IMPLIED, ARISING BY OPERATION OF LAW, COURSE OF DEALING, USAGE OF TRADE

 

OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST NON-INFRINGEMENT.

LIMITATION OF LIABILITY

The total liability of Contractor to Customer from any cause whatsoever, will be limited to the lesser of Customer’s actual damages or the Project price paid to Contractor for those Services and Deliverables in a Project that are the subject of Customer’s claim. In no event will either party be liable for SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, including but not limited to damage to or loss of the use of products, damage to property, claims of third parties, including personal injury or death, suffered as a result of provision of Services or use of Deliverables.

Time for Claims. All claims against Contractor must be brought within one (1) year after the cause of action arises and Customer waives any statute of limitations which might apply by operation of law or otherwise.

INDEMNIFICATION

Customer agrees to indemnify and hold Contractor harmless against all claims, liabilities, demands, damages, or expenses (including attorneys’ fees and expenses) arising out of or in connection with Customer’s neglectful or deliberate damage to Deliverables.

FORCE MAJEURE

Neither party shall be liable for failure to perform, nor be deemed to be in default, under this Agreement for any delay or failure in performance resulting from causes beyond its reasonable control, including but not limited to failure of performance by the other party, acts of state or governmental authorities, acts of terrorism, natural catastrophe, fire, storm, flood, earthquake, riot, insurrection, civil disturbance, sabotage, embargo, blockade, acts of war, or power failure. In the event of such delay, the date of delivery or time of completion will be extended by a period of time reasonably necessary to overcome the effect of any such delay.

TERMINATION

Failure by either party to comply in any material respect with any of its obligations in this Agreement shall entitle the other party to give notice to the party in default requiring it to cure such default. If such default is not cured within [10] days after receipt of such notice, the notifying party shall be entitled to terminate this Agreement by giving notice of such termination to take effect immediately. The right of either party to terminate this Service Contract, as herein provided, shall not be affected in any way by its waiver of, or failure to take action with respect to, any previous default.

Payment for all work performed and materials purchased up through termination of project will be due and payable immediately upon termination request in writing.

DELAY OR SUSPENSION OF WORK

If Customer’s acts or failure to act causes Contractor to delay or suspend performance of Services, Contractor and Customer will mutually agree to one of the following remedies:

  1. Contractor will use reasonable efforts to continue performance as practicable under the circumstances and Customer will continue to make all scheduled payments; or

 

  1. Contractor will re-assign personnel to extend Contractor’s work schedule without liability, and Customer will pay all additional costs, if any.

Notwithstanding the above, Contractor shall have the right to invoice Customer for any work performed to date of suspension.

PUBLICITY

Contractor may use Customer’s name or mark and identify Customer as a client of Contractor, on Contractor’s website and/or marketing materials. Contractor may issue a press release, containing Customer’s name, related to any award under this Agreement. Neither party will use the other party's name or marks, refer to or identify the other party for any other reason, except as established in this section, without such other party's written approval. Any approval required under this Section shall not be unreasonably withheld or delayed by either party.

SUBCONTRACTING

Contractor may, at its option, subcontract work under a Statement of Work but Contractor’s use of subcontractors shall not affect its responsibilities under the applicable Statement of Work.  Moreover, Contractor shall be fully responsible for work done by its subcontractors within the scope of the applicable Statement of Work as it is for work done by its own employees.  Contractor shall have written agreement(s) with its subcontractors that contain, at a minimum, clauses that are the same as or comparable to the sections of this Agreement regarding ownership rights and confidentiality of Customer’s materials.

GENERAL TERMS

  1. This Service Contract shall be deemed to have been made, executed and delivered in the State of Texas and shall be construed in accordance with the laws of the State of Texas.

NOTICES. Notices to be given by either party under this Agreement shall be sent by certified mail, express overnight delivery, or telecopy to the attention of the other party at the addresses of the parties as first set forth above.

  1. ENTIRE AGREEMENT. This Agreement, together with any other materials referenced in or expressly made a part of the Agreement, constitutes the final and entire Agreement between Contractor and Customer and supersedes all prior and contemporary agreements, oral or written.
  2. COUNTERPARTS. The Parties hereto agree that facsimile signatures shall be as effective as if originals. This Agreement may be executed via facsimile in any number of counterparts, all of which taken together shall constitute one and the same agreement.

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In Witness Whereof, this Agreement is duly executed by the duly authorized representatives of the parties as set forth below:

BUILDING ONE SERVICE SOLUTIONS

_________________________________    ______________

Jose Gonzalez                                              DATE

 

_________________________________________________[CUSTOMER NAME]

 

_________________________________    ______________

[PRINT NAME]                                               DATE

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