Terms and Conditions for Maxteriors, LLC
**1. Legally Binding Agreement:**
By agreeing to a date or scheduling a job with Maxteriors, LLC, you are entering into a legally binding contract for work to be completed at an agreed-upon price. This includes agreements made via email or text. Payment is due upon completion unless otherwise agreed upon, but must be made no later than 21 days from completion.
**2. Damages:**
Maxteriors, LLC is not responsible for damages resulting from:
- Improperly installed siding
- Undisclosed window tint
- Loose shingles or siding
- Broken or opened windows
- Improperly sealed windows and doors
- Wood rot
- Defective construction
- Improperly secured wires
- Loose or improperly installed gutters, leaders, and caulking
In cases involving aluminum siding, and in some cases with vinyl and wood siding, sun and weather exposure may bleach or cause fading of the color. Power washing or soft washing can exacerbate these issues by highlighting faded areas. Maxteriors, LLC is not responsible for such conditions. Additionally, Maxteriors, LLC is not responsible for loose mortar that may dislodge during the cleaning process. Clients should use their property's breaker box to shut off power to all exterior outlets, light fixtures, or any other electrically powered features, particularly those without exterior covers. Maxteriors, LLC is not liable for plants damaged by chemicals used for cleaning any surfaces. Clients are responsible for protecting plants sensitive to chemicals and for managing over-watering. Scraping, including removal of concrete splatter, overspray, and mineral deposits, is not included in any normal cleaning service. Maxteriors, LLC is not liable for any pets, which should be well-behaved or kept away from the working area. French drains
**3. Stains:**
Certain stains, such as tree sap, artillery fungus, splatters from stains, and paint, may not be removable by power washing. We will make every attempt to identify these areas when providing a quote, but removal of such stains is not guaranteed.
**4. Property Condition:**
Maxteriors, LLC expects your property to be in good repair and weather-tight, including all electrical services, receptacles, light fixtures, doors, and windows. Maxteriors, LLC is not responsible for damages resulting from water infiltration due to poor or improper installation, maintenance, or repair of electrical-related items or doors and windows. We cannot guarantee the removal of artillery fungus from exterior house surfaces.
**5. Window Cleaning:**
Window cleaning is not included unless specifically requested. Windows may become water-spotted as a result of our services. Unless other specified in our window cleaning quote. Unless otherwise specified in the quote, our window cleaning service will remove only water-soluble debris from the glass. Our window cleaning service will NOT remove: paint, silicone, stickers, rust, or hard water mineral stains. Windows that have damaged seals will often retain an obvious foggy appearance, even after cleaning both sides of the glass. This requires the replacement of the glass, and can not be fixed with our window cleaning procedure. Maxteriors will accept no liability for pre-existing damage. This includes scratches and cracks.
**6. Rust and Oil Stains:**
Rust and oil stains are not guaranteed to be completely removed during cleaning services and may require a separate service.
**7. Removal & Replacement of Contents:**
Homeowners are responsible for removing and replacing items such as grills, deck furniture, planters, and other items from the areas to be pressure washed. Maxteriors, LLC will not be responsible for any damage, breakage, or storage issues related to these items. An additional charge may apply for time and labor involved in the removal of these items.
**8. Holiday Lights Lease:**
A 50% down payment (non-refundable) is required before the installation and ordering of holiday lights. All lights are custom-fitted to each property and will be stored by the contractor throughout the year. After installation, the remaining 50% will be collected. The customer and contractor will discuss the removal of lights after installation. Lights must be taken down by January 30th. The design agreed upon will be the design installed by Maxteriors, LLC. We do not sell our lights to customers; they are a leased product. Maxteriors, LLC will complete all light repairs by December 23rd.
**9. Litigation:**
If Maxteriors, LLC is required to initiate litigation to obtain payment set forth in the Service Agreement or to defend against litigation initiated by a customer concerning the work referenced in the Service Agreement, Maxteriors, LLC is entitled to reasonable costs and attorney fees if it is the prevailing party.
**10. Cancellation Policy:**
We understand that unforeseen circumstances can arise and plans may change. Therefore, our cancellation policy is as follows:
- **Cancellation by the Customer:**
- If cancellation is made 24 hours or more before the scheduled appointment or event, a full refund will be issued.
- If cancellation is made less than 24 hours before the scheduled appointment or event, a 10% job fee will be charged to the credit card.
- **Cancellation by the Service Provider:**
- If the service provider cancels the appointment or event for any reason, a full refund will be issued.
- If the service provider rescheduled the appointment or event, the customer may choose between a full refund or rescheduling.
- **No-show Policy:**
- If the customer fails to show up for the scheduled appointment or event without prior notice, no refund will be issued.
All cancellations and rescheduling requests must be made in writing and sent to the email address provided at the time of booking. We reserve the right to modify this cancellation policy at any time. Any changes will be communicated to our customers via email or through our website.
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Permanent Lighting and Bistro lighting Terms:
Maxteriors, LLC looks forward to working with you during the installation process of your lighting system. By agreeing to this Installation Agreement ("Agreement"), you agree to its terms and conditions. The Contractor and Customer are collectively referred to herein as the "Parties" or individually as a "Party."
**1. Scope of Work:**
The Contractor agrees to provide the materials and/or services ("Work") according to the pricing and terms outlined in the Proposal and this Agreement.
**2. Change Order:**
If the Customer requests modifications to the Work or additional work to be performed, the Customer agrees to pay the Contractor’s reasonable costs and expenses incurred in complying with the Customer’s requests under the same payment terms detailed herein. All change orders must be in writing and signed by the Customer or confirmed via email. Change orders shall be paid within the same guidelines as described in the "Payment Schedule."
**3. Proposal Terms and Conditions:**
The Contractor will deliver the Proposal outlining the materials and/or services to be provided to the Customer. The Proposal is subject to the following terms and conditions:
- **a. Expiration of Proposal:** The Proposal will expire unless the Agreement and Proposal are signed within 30 days of being delivered to the Customer.
- **b. Additional Charges:** Programming, setup, installation, or materials not expressly detailed in the Proposal will incur additional charges. The lighting system installation includes default programming for timing and settings. Costs associated with related work or materials, including but not limited to electrical, drywall, painting, and cabinets, are not included in the Proposal unless specifically documented. The Contractor is not responsible for any underground trenching, laying, or supplying conduit for outside wiring. The Customer is required to provide a dedicated outlet for the control box/gateways. If one is not available, the Customer is responsible for hiring a third party to install one. If the Customer does not wish to do this, the Contractor will hire a third party as detailed in the "Third Party" section.
- **c. Customer-Furnished Equipment:** The Contractor is not responsible for the performance, integration, or liability associated with any equipment, wiring, or installations provided by the Customer or third parties.
**4. Payment:**
No Work will be scheduled without a signed copy or emailed confirmation of this Agreement, the Proposal, and completion of the Payment Schedule as defined below. Since the Contractor will, if possible, open and test equipment before delivery, all components must be paid for before delivery to the job site. Payments may not be withheld under any circumstances.
**5. Payment Schedule:**
The "Payment Schedule" is as follows:
- **a.** Fifty percent (50%) of the total price of the Work in the Proposal is due upon signing this Agreement ("Deposit Payment"); a credit card will be kept on file.
- **b.** Fifty percent (50%) of the total price of the Work in the Proposal is due after the installation of the Work ("Final Payment").
**6. Authorization of Payment:**
Notwithstanding Section 4, if the Customer has a credit card on file with the Contractor, the Contractor may schedule the Work prior to charging the Final Payment. The Customer agrees to allow the Contractor to charge the Final Payment one day after the handoff of the controller.
**7. Invoice:**
The Contractor shall provide a written invoice to the Customer at the address specified above, indicating any amounts owing for the Work. Unless otherwise specified in a Change Order, all payments shall be made to the Contractor according to the Payment Schedule.
**8. Lease Terms:**
The Contractor will maintain a credit card on file, and the Customer will be billed annually on the anniversary date of the installation. If the Customer wishes to terminate the lease, they must provide the Contractor with written notice no later than 60 days prior to the calendar anniversary date. If the lease is canceled within the year, the remaining balance will be prorated per day and refunded to the Customer.
**9. Customer Training:**
Upon completion of the system/Work, and only if the Customer is physically present at that time, the Contractor shall demonstrate the system/Work and train the Customer on how to use it at no additional cost. If the Customer is not available or physically present upon completion, Maxteriors will attempt to accommodate the Customer. After two attempts to provide system education, Customers may receive training at a later time by scheduling an on-site, in-person training with Maxteriors at a rate of $150.00.
**10. General Terms and Conditions:**
The Customer acknowledges receipt of this Agreement containing the General Terms and Conditions and agrees to them.
**11. Warranty:**
- **Purchase Model:** The Contractor agrees to provide warranties listed herein for a period of one (1) year for labor and five (5) years for parts. The Warranty Period commences upon either (i) verification from the Customer that the system/Work functions properly or (ii) completion of installation if the Customer is not available to verify with the installing technician.
- **Lease Model:** The Contractor agrees to provide full-service warranties for parts and labor for the duration of the lease. The Warranty Period commences upon either (i) verification from the Customer that the system/Work functions properly or (ii) completion of installation if the Customer is not available to verify with the installing technician.
- **a. Parts and Labor:** Maxteriors shall warranty lights, power supply, labor, and workmanship involved in the installation for the greater of (i) the Warranty Period or (ii) the minimum required by law ("Parts and Labor Warranty").
- **b. Telephone Support:** The Contractor agrees to provide free unlimited telephone support during regular business hours throughout the Warranty Period ("Telephone Support Warranty"). This does not cover support for wireless internet (Wi-Fi), Bluetooth, cellphone/tablet connectivity, or other wireless connectivity issues. The Contractor may charge for service requests related to these issues. After the Warranty Period, telephone support calls may incur a charge.
- **c. Warranties Survival:** The warranties in this section shall survive any termination of this Agreement but shall only be honored upon final payment.
- **d. Connectivity Not Warrantied:** The Contractor does not warrant connectivity to the existing home or business network or Wi-Fi connectivity from the Mestek system to any Customer devices. If connectivity issues arise, Maxteriors can provide (at the Customer’s expense) the proper device for resolution due to distance from the controller.
**General Terms and Conditions**
**Term:**
This Agreement shall be in force from the date it is signed by the Customer until all Work indicated herein is completed and paid for, and all other terms of this Agreement have been satisfied, unless terminated sooner as provided in this Agreement.
**Work in Process:**
Projects or Work in the process of being installed are not complete and should not be expected to function as finished Work. Maxteriors does not guarantee that unfinished or Work in progress will function properly. Customers use the unfinished system/Work at their own risk. The Contractor is not responsible for any liability related to the Customer using the unfinished system/Work. If the unfinished system/Work stops functioning during non-business hours or on weekends, Maxteriors, at the Customer's request, may dispatch a technician to troubleshoot the problem. A non-business hour or weekend service call is not covered by the Warranty and the Customer will be billed at the non-business hours/weekend service call hourly rate, in addition to the Proposal price.
**Other Contracts:**
Maxteriors shall not be bound by any other agreement between the Customer and a third party (e.g., a "prime contract") unless the Contractor Maxteriors has seen, had adequate time to review, acknowledged receipt of any such contract, and agreed to its terms by written signature on the contract or any amendments thereto. The Customer is obligated to ensure compliance with all its contracts with other parties, and the Contractor assumes no responsibility for such contract requirements.
**Contract Documents; Conflicting Terms:**
This Agreement includes the Proposal, all general provisions, special provisions, specifications, drawings, addenda, change orders, written interpretations, and written orders for minor changes in Work. Work not covered by this Agreement will not be required unless necessary to produce the intended result. The terms and conditions herein shall apply to the Proposal of the Work. In the event of a conflict between this Agreement, any job agreement/purchase order, and/or specifications, this Agreement shall control.
**Cure Period:**
If the Contractor’s Work is untimely, unsatisfactory, or otherwise deficient, the Customer agrees to provide written notice of the nature of the Contractor’s inadequacy and allow a period of at least thirty (30) days to cure, or longer if reasonably required to complete the inadequate Work, before hiring another contractor to ‘cover’ the Work.
**Delays:**
Maxteriors shall not be liable for any delays caused by the Customer or by laborers or subcontractors not employed or contracted with Maxteriors. If Maxteriors is delayed in completing or commencing its Work due to delays by other parties, Maxteriors will be given extensions necessary to compensate for the time lost. The time for such extension shall be liberally construed in favor of Maxteriors. At the start of its Work, Maxteriors will notify the Customer of any delay caused by third parties. If delays are caused by Customer change orders, fire, labor disputes, acts of God, or other causes beyond Maxteriors' control, the completion schedule for the Work or affected parts of the Work shall be extended by the amount of time caused by the delay.
**Third Parties:**
The Customer acknowledges that the Contractor is authorized to purchase materials and services from third parties as necessary to fulfill the Contractor’s obligations or to contract with third parties if a particular service requires permits or licenses from relevant governmental entities.
**Liens:**
Maxteriors reserves the right to file preliminary notices and liens for non-payment to the fullest extent permitted by law.
**Incompatible Structures:**
Maxteriors reserves the right to cancel
Consent to Receive Text Messages
By signing up through our website, You are consenting to receive text messages that may be sent via an automatic telephone dialing system to the mobile number provided from Maxteriors, LLC, its affiliates or its successors.
Your consent to receive text messages (including promotional and transactional alert text messages, which come from a ten digit phone number) from Maxteriors, LLC, is subject to these Text Terms, including the Dispute Resolution provisions found below, and also is subject to the Privacy Policy at the link below (collectively referred to herein as the "Agreement").
You agree that when You consent to receive text messages from any of our text message programs, You will receive confirmatory opt-in text messages from the respective program. You agree to receive opt-out texts from any of our programs if You subsequently reply STOP to any text messages you receive. For help related to any text message program, reply HELP to any text message received. You agree that when You initiate a text message to any of our text message programs, You may receive related text messages in reply.
You may opt-out of receiving text messages at any time by replying STOP to any text messages You receive. You agree that these opt-out instructions, and/or any opt-out instructions in the Privacy Policy, provide the exclusive means of revoking Your consent to receive text messages.
Carriers are not liable for delayed or undelivered messages.
Message and Data Rates May Apply.
Please consult Your service agreement with Your wireless carrier to determine Your phone's pricing plan. This program may not be available on all wireless carriers. The carriers supported by this program are AT&T, Boost Mobile, Sprint, T-Mobile, U.S. Cellular, and Verizon, but Maxteriors, LLC may add or remove any wireless carrier from this program without notice.
You warrant that You have provided Your accurate mobile telephone number to Maxteriors, LLC and that You have authority to consent to receive text messages at that You have authority to consent to receive text messages at that number. Before changing, deactivating, or relinquishing Your mobile phone number, You agree that You will opt-out of Maxteriors, LLC text message programs, or text message programs offered by our other brands which You may have signed up to receive. Failure to do so constitutes a material breach of these Text Terms.
For customer service related to Maxteriors, LLC text message programs, please call toll free to 248-877-4672 .
Please review our Privacy Policy.
You agree that Maxteriors, LLC may change these Text Terms from time to time, through updating the online version of these Text Terms. Should there be a material change to these Text Terms, Maxteriors, LLC will provide notice of such change via text messaging.