Terms & Conditions of Sale
1. Definitions
"Company" means A&D Facility Pros, LLC, a Texas limited liability company. "Client" means the individual, entity, or organization purchasing services. "Services" means dryer vent cleaning, maintenance, inspection, and related services. "Agreement" includes these Terms and Conditions plus service quotes and work orders.
2. Acceptance of Terms
These terms govern all Company services to the Client upon engagement. These Terms supersede any other agreements, written or oral. Additional or different Client-proposed terms are rejected unless written approval is given.
3. Services Provided
Company provides Services as outlined in the quotation or work order. Company determines method, details, and means of performing Services. Additional services beyond the initial scope are billed separately.
4. Pricing and Payment Terms
Pricing is stated in the service agreement or current price list. Company may adjust pricing with seven days' written notice. Payment for services is due immediately upon invoicing. Client pays all collection costs including attorneys' fees. "Go-back" fees of $85 per unit apply when return visits are needed; minimum $1,000 per complex.
5. Scheduling and Access
Client provides clear, unobstructed access to service areas. A rescheduling fee of $500 applies if access is unavailable. Company may refuse service if unsafe or impractical. Client's staff must accompany the Company's technician to open units. Client is responsible for tenant notification; rescheduling fees apply if tenants are unavailable.
6. Cancellation and Rescheduling Policy
Cancellations with less than 48 hours' notice incur 25% of service cost. Company may reschedule without penalty at its discretion.
7. Limited Warranty and Disclaimer
Services are warranted for 30 days following completion per industry standards. No implied or statutory warranty of merchantability applies. The sole remedy is re-performance of defective Services within the warranty period. Warranty excludes misuse, neglect, accident, or improper installation. No liability for incidental or consequential damages.
8. Limitation of Liability and Indemnification
Company's total liability shall not exceed the amount paid for the applicable Services. No liability for indirect, incidental, special, or consequential damages. Client indemnifies Company for breach, misuse, or third-party claims. Liability limitations apply even if remedies fail.
9. Property Damage
Company is not responsible for pre-existing property conditions. Damage claims must be reported within 24 hours or are waived.
10. Confidentiality and Publicity
Company maintains confidentiality of sensitive Client information. Client grants the Company an irrevocable, perpetual license to use before/after photos for marketing and documentation purposes.
11. Intellectual Property
All intellectual property rights remain the Company's exclusive property.
12. Force Majeure
Company is not liable for failures caused by circumstances beyond reasonable control, including natural disasters, governmental actions, epidemics, or pandemics.
13. Termination
Company may terminate the Agreement at any time for any reason. Client pays for all Services performed through the termination date.
14. Dispute Resolution and Governing Law
Disputes are settled by binding arbitration per American Arbitration Association rules in Houston, Texas. This Agreement is governed by Texas law without conflict provisions.
15. Severability
Invalid or unenforceable provisions do not affect other Agreement terms.
16. Entire Agreement
This Agreement constitutes the sole agreement and supersedes all prior understandings.
17. Amendments
Amendments require written signatures from both parties.
18. Waiver
Waivers require explicit written Company signature; non-exercise does not waive rights.
19. Assignment
Client cannot assign rights without written Company consent; Company may assign freely.
20. Relationship of the Parties
Parties are independent contractors; no agency or employment relationship exists.
21. Inclement Weather Clause
A&D Facility Pros shall not perform any exterior work during wet or rainy conditions.