- This document outlines Haveman Electrical Services, Inc. (HES), standard terms and conditions (terms). All services performed by HES are subject to these terms and conditions unless otherwise agreed to in writing by HES and customer. Customer’s written initiation of the services detailed in the proposal shall constitute a binding agreement (“contract”) between HES and the customer subject to these terms. These terms supersede all previous oral and written agreements made before the date of the contract and are the entire agreement. These terms prevail over any of the customer’s general terms and conditions, regardless of when or if the customer has requested proposal, order, or been provided such terms. HES provision of services to customer does not constitute acceptance of any customer terms and conditions and does not serve to amend or modify these terms. It is the customer’s responsibility to review these terms.
- Customer understands and agrees that delays in payment made to HES may result in suspension of services and appropriate legal action to collect monies owed to HES. Customer agrees that cost of such legal action, including without limitation lawyer’s fees, costs, and expenses of suit or collection will be customer’s obligation to pay when HES is the prevailing party in any litigation. Any checks that are returned to HES for insufficient funds will be assessed an additional $25 service fee. The service fee will be added to the customer’s account balance and become due immediately. Standard invoicing terms are: net 10 days with 1-1/2% per month (18% APR) financing charge on past due amounts/accounts unless noted otherwise on invoice.
- Customer agrees to pay a 2.5% fee on all credit card transactions.
- All work will be completed to the specifications outlined in the contract and in these terms. Additional specifications or specialized invoicing, or any other special consideration which causes HES to incur additional cost may be subject to a revision of the contract or an additional fee. If the customer is not satisfied with workmanship or quality, HES will investigate and remedy the concern. If the work has not been completed to the specifications of the contract, industry standards for substantially similar services will govern any disputes between customer and HES in connection with the services provided under this contract.
- Customer is aware some services may result in unpreventable minor damage to structural elements or other systems such as floor joists, wall studs, roof trusses, irrigation systems, drain tiles, utility lines, or other unmarked below grade utilities. HES will not be responsible for the cost of repairing these items if they were concealed systems or are not properly and clearly marked or flagged or if the damage is minor and within guidelines of industry standard practices. If requested, HES can mark underground systems. For underground services requiring excavation to a depth greater than 12 inches, HES will contact the appropriate utility company to mark underground public utility lines which include gas, electric, telephone, cable, water and sewer. This service will be included in the contract, unless otherwise stated. Private lines such as irrigation, drain tile, and other non-public utilities are not included in this service, but can be located for an additional fee. Customer understands that there may be unforeseen additional cost associated with project work related to this for which it will be responsible.
- Customer shall notify HES in writing within 24 hours of discovery of any damage to customer’s property, including irrigation systems. HES will not be liable for any damages, unless given the opportunity to investigate and repair. The quality of repairs is to be governed by industry standards.
- In no event shall HES be liable to customer or to any third-party for any loss of use, loss of revenue, or loss of profit, or any consequential, incidental, indirect, exemplary, special or punitive damages whether arising out of a breach of contract, tort (including negligence), or otherwise regardless of whether such damages were foreseeable, and whether or not, HES has been advised of the possibility of such damages, and notwithstanding the failure of any agreed or other remedy of its essential purpose. HES warrants its Labor only for one year, all materials carry manufacturer’s warranty only if applicable.
- Contract may be terminated or modified by customer only as follows: for termination for convenience, 90 day written notice to HES by customer is required to avoid a termination fee. In the event customer wishes to terminate the contract for service HES will invoice for all actual expenses +25%. The terms and the contract may only be amended or modified in a writing and must be signed by an authorized representative of the customer and of HES.
- HES reserves the right to terminate the contract without notice in the event of customer’s failure to make timely payments, pending bankruptcy or sale of property. In addition, abusive or threatening behavior towards HES employees will not be tolerated and will be grounds for immediate termination and fees in accordance with item 7.
- Customer acknowledges requests made outside of standard operating hours or emergency requests will result in additional charges. HES business hours are Monday through Friday 7:30 AM to 4:00 PM. A 24-hour answering service is available by calling our main number and following the menu options.
- In no event shall HES aggregate liability, arising out of or related to these terms or the contract including arising out of or related to breach of contract, tort (including negligence), property taxation, building inspection fees or otherwise that exceeds the aggregate amount, paid or payable to HES in the 12-month period preceding the event giving rise to the claim.
- All matters arising out of or relating to these terms in the contract are governed by and construed in accordance with the internal laws of the state of Michigan, without giving effect to any choice or conflict of law, provisional rule, (whether of the state of Michigan) or any other jurisdiction (that would cause the application of the laws of any jurisdiction) other than those of the state of Michigan.
- Customer shall not assign any of its rights or delegate any of its obligations under these terms or the contract without the prior written consent of HES. Any purported assignment or delegation in violation of this paragraph is null and void. No assignment or delegation relieves customer of any of its obligations under these terms of the contract.
Signature on the contract acknowledges the prices, specifications, and terms and conditions are satisfactory and are thereby accepted. Haveman Electrical Services, Inc. (HES) is authorized to do the work as specified and payment will be made as detailed and described in this document. Both signees represent warrant and covenant that they have full legal right to authorize the work as described on the proposal. Agreement is binding between HES and the Customer via their authorized agents and is subject to HES standard terms and conditions. The contract can be signed online.