Terms and conditions/disclosures

1. Hereinafter, the term “Contractor” shall refer to Pro Tech Mechanical, LLC and “Owner” shall refer to the person(s) engaging Contractor to perform services at the residence of said person(s).

2. Contractor has instructed Owner to review the Texas Residential Construction Contract Disclosures, which are located at the following website and incorporated by reference: [ADD LINK TO TEXAS RESIDENTIAL CONSTRUCTION CONTRACT DISCLOSURES]

3. WAIVER OF LIST OF SUBCONTRACTORS AND SUPPLIERS: AN OWNER IS NOT REQUIRED TO WAIVE THE RIGHT GRANTED BY SECTION 53.256 OF THE TEXAS PROPERTY CODE TO RECEIVE FROM CONTRACTOR AN ORIGINAL OR UPDATED LIST OF SUBCONTRACTORS AND SUPPLIERS. BY SIGNING THIS DOCUMENT, I (OWNER) AGREE TO WAIVE MY RIGHT TO RECEIVE FROM CONTRACTOR AN ORIGINAL OR UPDATED LIST OF SUBCONTRACTORS AND SUPPLIERS. I (OWNER) UNDERSTAND AND ACKNOWLEDGE THAT, AFTER SIGNING THIS DOCUMENT, THIS WAIVER MAY NOT BE CANCELED AT A LATER DATE. I (OWNER) HAVE VOLUNTARILY CONSENTED TO THIS WAIVER.

4. This contract is subject to the Texas Residential Construction Liability Act, Chapter 27 of the Texas Property Code. This contract is also subject to Chapter 53 of the Texas Property Code. Contractor reserves the right to file a lien against your property in the event of non-payment. By signing below, you acknowledge receipt of the “Texas Residential Construction Contract Disclosures,” which is herein incorporated by reference.

5. Owner agrees to pay the contract price pursuant to the terms set forth herein. Payments over thirty (30) days past due shall begin accruing interest at a rate of 1.5% per month (18% per annum). Any payments received after interest begins to accrue shall first be applied to unpaid interest before being applied to the principal.

6. Dates of service contained herein are approximations; Owner waives all damages arising from delays. Contractor is not responsible for delays due to: weather; acts of God; war, riots, or other civil disturbances; labor disputes; governmental prohibitions (including shutdowns); pandemics; epidemics; non-issuance of required permits; or failure of Owner to perform any of its obligations on, in or under the property.

7. Owner shall grant free access to work areas for workers and vehicles. OWNER RELEASES CONTRACTOR FROM ANY AND ALL LIABILITY FOR ANY DAMAGE TO THE RIGHT OF WAY PROVIDED BY OWNER, INCLUDING DAMAGE TO LAWN, SHRUBS, TREES, DRIVEWAYS, SIDEWALKS OR OTHER HARDSCAPES, FENCES, RETAINING WALLS, UNDERGROUND PIPES, CONDUITS, OR UTILITIES, INCLUDING EXPENSES FOR REPAIR, AND OWNER AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS CONTRACTOR FROM ANY CLAIMS BY OWNERS OF ADJACENT PROPERTY ARISING FROM, RELATED TO OR GROWING OUT OF ACCESS THROUGH ADJACENT PROPERTIES TO WORK AREA(S), INCLUDING BUT NOT LIMITED TO CLAIMS AGAINST CONTRACTOR OF NEGLIGENCE, TRESPASS, OR STRICT LIABILITY.

8. Limited Warranty. Contractor warrants its work to be free from defects in material and workmanship for a period of one (1) year from the date of substantial completion. The warranties are effective only if Owner complies with all terms, conditions, payments and other provisions of this agreement. The warranty is void if any and all warranty items are not reported to Contractor within 24 hours of the time a reasonable person would discover the alleged warranty item(s) or Owner knows of the warranty item(s), whichever occurs first. Defects and failures resulting from mistreatment, improper maintenance, or neglect by Owner will be repaired or serviced at Owner’s expense. Where Owner has work performed by any person or entity other than Contractor, Contractor does not warrant such work, and Contractor shall not be held liable for such work or for loss or damages, if any, which may result to Contractor’s Work therefrom. REPAIR AND/OR REPLACEMENT SHALL CONSTITUTE THE SOLE AND EXCLUSIVE REMEDY OF OWNER AND FULFILLMENT OF ALL CONTRACTOR’S DUTIES UNDER THE WARRANTIES. This agreement and any warranty provided hereunder shall not be assigned by either party and are non-transferable except by written instrument signed by both parties.

9. Dispute Resolution, Venue, Attorneys’ Fees and Wavier of Jury Trial. Mediation – The parties hereto agree to submit any claim or dispute relating to this Contract, or any other matters, disputes, or claims between the parties, to non-binding mediation as a condition precedent to filing suit. The party seeking mediation must submit its demand to the other party in writing, via certified mail, return receipt requested. The parties shall submit their dispute to a mutually agreeable mediator within sixty (60) days of said notice. Each party shall bear its own mediation costs. Prior to and during mediation, the parties agree not to disparage one another in a public forum, including, but not limited to, the internet, social media sites, the Better Business Bureau, Yelp, Yahoo, Bing, Google, Facebook, or Twitter, by way of example. Venue – Proper venue of any disputes arising from this Agreement shall be in the county in which Owner’s property is located. Attorneys’ Fees – In the event of litigation, the Parties agree that the prevailing party shall be entitled to the recovery of its attorneys’ fees and costs of court. WAIVER OF JURY TRIAL – THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND UNCONDITIONALLY WAIVE THEIR RIGHT TO A JURY TRIAL OF ANY AND ALL CLAIMS OR CAUSES OF ACTION ARISING FROM OR RELATING TO THIS CONTRACT. IN THE EVENT OF LITIGATION, THIS AGREEMENT MAY BE FILED AS A WRITTEN CONSENT TO A TRIAL BY THE COURT. In the event of a dispute arising from this agreement, the Parties agree that Owner shall only be entitled to the recovery of damages (regardless of nature, including, but not limited to attorneys’ fees and costs) in an amount less than or equal to the contract price set forth in the agreement between Owner and Contractor. Owner expressly waives, and Contractor will not be liable for, any consequential damages.

10. If any provision of this agreement is determined to be invalid under applicable law, the remaining provisions of the agreement shall not be affected thereby.