Terms & Conditions - Great Guys

By accepting the Quote/Proposal these Terms & Conditions Client hereby agrees to be bound by the following:

DESCRIPTION OF SERVICES. Great Guys shall provide to Client the Services described in Quote/Proposal received via email “Services” shall generally mean installation, replacement, maintenance, or repair of heating, ventilation, air-conditioning, and other electrical equipment for Client’s residential or commercial property. A more precise description of Services is provided in the Quote/Proposal, a copy of which is attached and made a part hereto as Exhibit A. Additional modifications or repairs necessary to the Client’s property, including, but not limited to, drywall, roofing, mud, tape, paint, texture, electrical fixtures, plumbing, flooring, etc., whether performed by Great Guys or a third party, is specifically excluded from the Services unless otherwise agreed to by Great Guys and Client.
SCOPE OF WORK. Great Guys shall provide all labor and materials to perform the above described Services on Client’s property. Great Guys reserves the right to subcontract any part of the Services to any sub-contractor. Great Guys shall provide notice to Client of use of any proposed subcontractors and the associated fees. Great Guys will not begin work until they have received a signed acknowledgement of this Agreement and a signed Quote/Proposal.
QUOTES: Quotes are valid for the next 30 days, after which values may be subject to change. Customers must approve the Quote/Proposal and pay the appropriate deposit.
DEPOSITS & STORED FORM OF PAYMENT: Installations require a minimum 25% non-refundable down payment for work to commence. By signing the Quote, Client agrees that they have reviewed and have accepted these Terms & Conditions. Large projects may require a greater deposit.
PAST DUE PAYMENTS: Past due payments are subject to interest charges, collections, and property liens. Great Guys stores a secure form of payment on file to streamline business for everyone. If Client wishes to change the form of payment mid job, they agree to call the Great Guys office and request a change in form of payment.
COMPLETION: Work is considered closed at the completion of Services as quoted; not at city or county property inspection. Any work needed post inspection can be discussed with the project manager at Great Guys.
RETURN VISIT REQUIRED: Where return visits are required, 90% of Clients remaining balance will be billed. It is Great Guy’s policy to hold back 10% of balance due, as a convenience to customers until the follow up visit is completed. Typically, follow up visits will occur within 72 hours, but up to 7-10 days may be needed depending on parts.
WORK SITE CONDITIONS. Client acknowledges that the Quote/Proposal is based upon Great Guy’s observations of conditions of the Client’s property and systems (including, but not limited to, the existing HVAC systems, electrical systems, conditions of the home, paint, concrete, walls, drywall, brick, siding, landscaping, etc.). Conditions which could not be known by a reasonable inspection, such as termite damage, hidden water damage, hidden code violations, or other concealed conditions, may require extra labor or materials, which are not part of this Agreement. If such conditions are discovered, Great Guys will notify Client and will attempt to reach an Agreement for a change order, if feasible, to this Agreement that addresses those problems. If Great Guys cannot resolve the newly discovered condition, Client agrees to coordinate with Great Guys to repair any such conditions in a timely manner to allow for timely and cost-effective completion of Services.
CHANGE ORDERS (Mid-Performance Amendments): If Client desires any changes to the Services, prior to any change, Client and Great Guys shall agree upon a price and provide documentation signed by both parties and shall include the increased or decreased cost of said change. Great Guys shall prepare the Change Order. Great Guys shall be entitled to reasonable provisions made in costs and/or timeline due to unforeseen events, including but not limited to, weather issues, material shortages labor strikes, and other unexpected conditions.
PAYMENT:
1. Services Quoted at Less than $10,000. For Services quoted at less than $10,000 in total services and costs:
  1. 25% of the quoted value will be paid upon Client’s approval of the Quote/Proposal.
  2. The remaining balance will come due upon completion and acceptance of all Services less any applicable holdbacks.
2. Services Quoted at More than $10,000. For Services quoted at greater than $10,000 in total services and costs:
  1. A minimum of 25%, or other indicated amount, of the quoted value will be paid upon Client’s signature of the Quote/Proposal and this Agreement.
  2. The remaining balance will come due upon completion and acceptance of all Services less any applicable holdbacks.
INVOICING: In certain circumstances a Company or Person may have a previously approved a different invoicing arrangement on file with Great Guys. Companies that are invoiced must stay current, and pay each month’s balance within the days allotted.
PAYMENT TYPES: Outstanding balances may be paid using a stored form of payment, ACH, or mailed to Great Guys Home Services Inc, 3160 S Zuni St, Englewood, CO 80110.
FAILURE TO PAY/COLLECTIONS: In the event Client fails to pay for Services as provided above, Great Guys shall have a right to treat such failure to pay as a default or material breach of the Agreement and shall be entitled to pursue collection and any available legal remedies. Client shall be responsible for all costs of collection, including, without limitation, reasonable attorney fees. Any outstanding invoice is subject to interest charges on all overdue amounts at 5% per annum. No more than three reminders will be issued for past due invoices; at 90 days past due outstanding invoices may be sent to collections.
TERM: The Agreement for Services will terminate automatically upon completion by Great Guys of the Services outlined in the applicable Quote/Proposal.
TERMINATION: Client shall have the right to terminate this Agreement for any reason or no reason, such as unexpected circumstances, personal circumstances, force majeure, etc. by providing Great Guys with reasonable written notice of termination prior to any work commencing. Client shall not be permitted to terminate services after Great Guys starts work. After termination by Client, Great Guys shall retain the right to keep any deposit paid by client, recover all additional accrued charges due and owing by Client to Great Guys through the date of termination, and Client agrees that it waives any right it may have against Great Guys to offset fees payable by Client to Great Guys. Great Guys has the right to terminate or reasonably delay this Agreement for any reason or no reason, such as unexpected circumstances, personal circumstance, force majeure, etc. If Great Guys terminates the contract, Great Guys shall have the right to retain all accrued charges due and owing by Client through the date of termination, and Client agrees that it waives any right it may have against Great Guys to offset fees payable by Client to Great Guys. All pre-purchased materials shall also be paid for by the Client, as well as any sub-contractor charges.
PERMITS: Great Guys shall apply for and obtain such permits and regulatory approvals as may be required by the local municipal/county government; the cost thereof shall be included as part of the Payment the Great Guys. Client shall be responsible for securing and paying for any easements, variances, zoning changes, necessary modifications of restrictive covenants, or other actions.
INSURANCE: Great Guys shall maintain general liability and workers’ compensation insurance. Before commencing the work, Great Guys shall furnish a certificate of that insurance to Client, upon Client’s request. Client shall maintain insurance covering the replacement cost of the improvements under the applicable Quote/Proposal in the event of loss through fire, casualty, storm or other disasters, and theft of materials from the site. Before work begins, Client shall furnish a certificate of that insurance to Great Guys, upon request.
TITLE AND POSSESSION: Upon request, Client shall provide Great Guys documentation that Client has title or right of possession to the property upon which the Services are performed and shall provide Great Guys copies of any covenants, conditions, or restrictions that affect the property.
CHANGE ORDERS: Client may make changes to the scope of Services from time to time during the term of performance under any Quote/Proposal. However, any such change or modification shall only be made by written “Change Order” signed by both parties. Such Change Orders shall become part of this Agreement for Services. Client agrees to pay any increase in the cost of the Services as a result of a Change Order. In the event the cost of a Change Order is not known at the time a Change Order is executed, Great Guys shall estimate the cost thereof and Client shall pay the actual cost whether or not it is in excess of the estimated cost.
ACCESS. Client shall allow free access to work areas for workers and vehicles and shall allow areas for the storage of materials and debris. Driveways will be kept clear for the movement of vehicles during work hours. Great Guys shall make reasonable efforts to protect driveways, lawns, shrubs, and other vegetation.
WARRANTY.
1. Exclusive Warranty. Great Guys shall provide its services and meet its obligations under any Quote/Proposal: (1) in a timely and workmanlike manner in accordance with applicable law; (2) using knowledge and recommendations for performing the services which meet generally acceptable standards in the community and region; (3) the Services will conform to the requirements of this Agreement and the Quote between the Client and Great Guys; and (4) will provide a standard of care equal to care used by service providers similar to Great Guys on similar projects. Great Guys will warranty its labor for a period of two (2) years. For installation, Great Guys will warranty its labor for a period of five (5) years. This warranty excludes remedy for damage or defect caused by abuse, alterations to the work not executed by Great Guys, improper or insufficient maintenance, improper operation, or normal wear and tear under normal usage. If any change or alterations to the work is not executed by Great Guys, any warranty under this Agreement is immediately void.
2. Exclusive Remedy. Client’s exclusive remedy for a breach of warranty shall be for Great Guys to re-perform the Work.
3. Limitation of Liability. Except for indemnification in this Agreement, it is understood and agreed that Great Guys’ liability whether in contract or in tort under any warranty, in negligence or otherwise, shall not exceed the amount of the sum paid by Client for the particular Services giving rise to the cause of action. The price stated in the Quote is a consideration in limiting Great Guys’ liability. No action regardless of form arising out of the transactions under this Agreement may be brought by Client more than twelve (12) months after the cause of action has accrued.
4. Materials Warranty. Great Guys further warrants that materials to be used are of new or in new condition unless otherwise agreed to by the parties. Great Guys shall maintain and honor all manufacturers’ warranties. Client is limited to the manufacturers’ warranties (unless an extended warranty has been purchased) for defects in the manufacture of equipment, components and materials.
5. Additional Warranties. For service-based Services, such as repairs, Great Guys warrants the quality of Services for two (2) years after the date of performance. For installation-based Services, Great Guys warrants the quality of the Installation for five (5) years after the date of performance. Client shall notify promptly Great Guys of any defects in the Services performed and allow Great Guys to inspect and evaluate the serviced equipment before performing any additional Services under this warranty. If, upon inspection and evaluation, Great Guys determines with reasonable certainty based on its expertise that the issue is not caused by Great Guys’ services, Great Guys shall not be obligated to honor this warranty. Great Guys warranties are limited to the cost of labor and materials only and exclude ordinary wear and tear or abuse.
6. Void of Warranty. If Client chooses a contractor other than Great Guys to repair any system that was previously serviced or installed by Great Guys, any and all warranty of quality shall be immediately void.
7. Limitation of Damages. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, GREAT GUYS SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO CLIENT OR ANY THIRD PARTY, FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO THE SERVICES CONTEMPLATED HEREUNDER, WHETHER IN AN ACTION BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR ANY OTHER LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, LOSS OF ANTICIPATED PROFITS, OR BENEFITS OF USE OR LOSS OF BUSINESS, REGARDLESS OF WHETHER SUCH LOSSES ARE CONSTRUED TO BE CONSEQUENTIAL, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES, AND EVEN IF GREAT GUYS IS APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING.
8. Severability of Liability. IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT EACH AND EVERY PROVISION OF THIS AGREEMENT WHICH PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES OR EXCLUSION OF DAMAGES, IS INTENDED BY THE PARTIES TO BE SEVERABLE FROM ANY OTHER PROVISION AND IS A SEPARABLE AND INDEPENDENT ELEMENT OF RISK ALLOCATION AND IS INTENDED TO BE ENFORCED AS SUCH. THE PARTIES ALSO AGREE THAT CLIENT WILL NOT BE ENTITLED TO ANY CONSEQUENTIAL DAMAGES OF WHATSOEVER KIND OR NATURE. THE PARTIES INTEND THE EXCLUSION OF CONSEQUENTIAL DAMAGES AS AN INDEPENDENT AGREEMENT.
9. Warranty Disclaimer. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH ABOVE, GREAT GUYS MAKES NO REPRESENTATIONS AND GRANTS NO WARRANTIES, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, BY STATUTE OR OTHERWISE, UNDER THIS AGREEMENT, AND GREAT GUYS SPECIFICALLY DISCLAIMS ANY OTHER WARRANTIES, WHETHER WRITTEN OR ORAL, OR EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE OR ANY WARRANTY AS TO THE VALIDITY OF ANY PATENTS OR THE NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES UNDER THIS AGREEMENT.
COMPLETION OF SERVICES. Upon completion of Services by the Great Guys, Great Guys shall ensure that Client’s property is restored to the condition it was in prior to the entry by Great Guys. Client shall inspect the property before discharging Great Guys off the property.
INDEMNIFICATION. To the fullest extent permitted by law, Client shall indemnify, defend, and hold Great Guys harmless from and against all claims, losses, liabilities (including, but not limited to, negligence, tort, breaches of statutory duties, and strict liability), damages, judgments, suits, and all legal proceedings, and any and all costs and expenses in connection therewith (including attorneys’ fees) for the following:(a) claims for injury to or death of persons and for damage to property resulting from Client’s acts or omissions, (b) Client’s breach of any representation, warranty, or obligation under this Agreement, (c) claims relating to defects in the equipment whether or not discoverable by Great Guys. Client agrees to give Great Guys prompt notice of any such claim or liability. Great Guys shall indemnify, defend and hold harmless Client rom and against all claims, losses, liabilities (including, but not limited to, negligence, tort, breaches of statutory duties, and strict liability), damages, judgments, suits, and all legal proceedings, and any and all costs and expenses in connection therewith (including attorneys’ fees) for the following: (a) Great Guys’ breach of any representation, warranty, or obligation under this Agreement, or (b) claims resulting from Great Guys’ gross negligence or willful misconduct.
ARBITRATION. Any dispute, claim, or controversy in connection with, arising out of, or relating to the Program, this Agreement or the breach, termination, enforcement, interpretation or validity of this Agreement, including, but not limited to, the determination of the scope or applicability of this agreement to arbitrate (a “Dispute”), will be determined by arbitration in the State of Colorado before a single arbitrator. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with AAA Consumer Arbitration Rules. Judgment on the award may be entered in any court having jurisdiction. The arbitration will be commenced by the claimant Party filing a demand for arbitration with the administrator of AAA and serving the demand on the opposing Party. Within thirty (30) calendar days of the date the demand for arbitration is filed, the Parties will select an arbitrator by following the AAA Consumer Arbitration Rules’ appointment procedures. Except as may be required by law, neither Party nor the arbitrator may disclose the existence, content or results of any arbitration under this Agreement without the prior written consent of both Parties. The arbitrator’s award will be in writing accompanied by a reasoned opinion and a written statement of the essential findings and conclusions on which the award is based. The arbitrator will determine how the costs and expenses of the arbitration will be allocated between the Parties and may award attorneys’ fees. The arbitrator will have the power to award any party any remedies that would be available to that party in his or her individual capacity in a court of law for the claims presented to and decided by the arbitrator.
ENTIRE AGREEMENT. This Agreement contains the entire Agreement of the parties, and there are no other promises or conditions in any other Agreement whether oral or written concerning the subject matter of this Agreement. This Agreement supersedes any prior written or oral Agreements between the parties.
SEVERABILITY. If any provision of this Agreement will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.
AMENDMENT. This Agreement may not be modified once Services are commenced.
NONASSIGNMENT. Neither party to this Agreement shall assign this Agreement or any portion thereof in a manner inconsistent with this Agreement without written consent of the other.
GOVERNING LAW. This Agreement shall be construed in accordance with the laws of the State of Colorado.
NOTICE. Any notice or communication required or permitted under this Agreement shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the address set forth in the opening paragraph or to such other address as one party may have furnished to the other in writing.
WAIVER. The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Agreement.
INDEPENDENT CONTRACTOR STATUS. In the performance of the work, duties, and responsibilities arising under this Agreement, it is mutually understood and agreed that Great Guys is at all times acting as an independent contractor. Great Guys shall have no right, power, or authority in any way to bind Client to the fulfillment of any condition, contract, or obligation or to create any liability binding on Client. Client shall have no right, power, or authority in any way to bind Great Guys to the fulfillment of any condition, contract, or obligation or to create any liability binding on Great Guys.