General Terms and Conditions
As used in this contract, “we” and “us” mean, Ryan's Home Services, Inc.; “you” means the customer identified on the work order; “work” or “job” means the services we agree to provide as described on the invoice; and “job site” means the house, apartment, condominium, building, or other real property where we are to perform the work. This document is a legally enforceable contract that includes all of the terms and conditions.
By booking your appointment with us, you authorize us to perform the work at the job site, and you agree as follows: You will pay us immediately upon completion of the job and presentment of an invoice, unless we agree to other arrangements in writing. If you do not pay all charges, after 14 days from the date the job was completed, you must pay a late charge of 10% on the amount you owe and an additional 10% every 14 days until the total is paid in full. If your check is returned unpaid by your bank, you must pay us a $30.00 processing charge and reimburse us for any bank fees caused by your returned check. All online and in-person single debit or credit card transactions will incur a 3.5% processing fee. This fee is waived for auto-pay transactions and not applicable to cash or check payments.
We offer the following limited warranty in connection with the job: “We warrant that all labor we provide in connection with the job will be performed in a workmanlike manner and will be free from material defects for a period of one year after the date the job was completed.” This limited warranty is void if you do not pay all charges for the job within 14 days after they become due or if you breach any other provision of this contract.
WE DO NOT WARRANT ANY EQUIPMENT, FIXTURES, MATERIALS OR OTHER GOODS, WHETHER PROVIDED BY YOU, US, OR ANOTHER PARTY. EXCEPT AS EXPRESSLY STATED ABOVE, WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, GOOD WORKMANSHIP, COURSE OF DEALING, AND USAGE OF TRADE. IF YOU SUPPLY, KNOWINGLY OR UNKNOWINGLY, A DEFECTIVE PIECE OF EQUIPMENT, MATERIAL, FIXTURES, OR PARTS, AND IT IS INSTALLED BY US AND NON-OPERATIONAL BY NO FAULT OF OUR OWN, YOU ARE STILL RESPONSIBLE FOR CHARGES RELATED TO THE INSTALL OF SAID EQUIPMENT, MATERIAL, FIXTURES, OR PARTS. WE DO NOT WARRANT DAMAGE AS A RESULT OF POOR CRAFTSMANSHIP OR PREVIOUS BUILDERS, CONTRACTORS, OR ANY OTHER SERVICE PROVIDER OR HOMEOWNER.
You are solely responsible for obtaining any building permits required for the job. We maintain liability insurance and workers’ compensation coverage, but we do not maintain insurance that covers our work product. You have and you will maintain property/casualty insurance covering the job site at all times during the job. We are not responsible for moving any personal property in or around the job site in order to perform the work, but we may do so if we determine it necessary in order to perform the work, and if we do, we will not be liable to you or any other person or organization for any damage to any personal property. We are not responsible for delays caused by adverse weather conditions, acts of God, labor disputes, unavailability of materials, conditions of the job site that were unforeseen or hidden at the time this contract was signed, or other conditions not within our direct control. If we encounter any unexpected or hidden pre-existing conditions, problems, or damage that would necessitate a material increase in the amount of labor or materials required for the job, then we have the right to terminate this contract. If we do, you will not be obligated to pay the full contract price, but you will pay us for (1) any materials purchased and delivered to the job site before we discovered the condition, problem, or damage; and (2) the number of man-hours of work we provided before we discovered the condition, problem, or damage, at our standard hourly rate. You warrant that you are the owner, or are entitled to legal possession, of the job site, and that you have the power and authority to enter into this contract and to authorize us to perform the work at the job site. If your spouse is an owner of the job site, then you also represent that you are authorized to enter into this contract on behalf of your spouse and you agree, for yourself and for your spouse, that you and your spouse are jointly and severally liable under this contract. “Jointly and severally liable” means that each of you is legally responsible for 100% of the customer’s obligations under this contract, not just a pro-rata portion. If a business entity or other organization owns or is entitled to legal possession of the job site, then the person signing this contract represents that he is authorized to enter into this contract on behalf of the organization. This contract may be amended by a written or oral change order. If you fail to request an estimate before authorizing additional work, you will still be liable for the reasonable cost of the additional work, and you must pay the additional cost in accordance with the terms of this contract. All additional work and changes to the scope of the job that you authorize, whether or not in writing, become part of the job. This contract constitutes the entire agreement between the two of us relating to its subject matter; any prior agreements and understandings are hereby superseded and merged into this contract. Each party’s respective rights, obligations and remedies relating to the work and the relationship between you and us will governed solely by the terms of this contract, and each party waives and relinquishes all present and future claims in tort against the other party relating to the subject matter of this contract. This contract is binding upon and inures to the benefit of each party and its respective legal representatives, successors, heirs and assigns. Neither you nor we may assign our rights or obligations under this contract, including any warranties made by us, without the other party’s prior written consent. If any provision of this contract is held to be illegal, invalid or unenforceable, that provision will be deemed to be modified to the extent necessary to permit its enforcement to the maximum extent permitted by applicable law, and the remaining provisions of this contract will not be affected.
EXCEPT FOR EXPRESS WARRANTY CLAIMS, ANY CLAIM ARISING UNDER THIS CONTRACT, FROM ANY ACT OR OMISSION OF OUR EMPLOYEE OR AGENT, OR RELATING TO ANY WORK WE PERFORM, IS AUTOMATICALLY RELEASED AND DISCHARGED WITHOUT ANY FURTHER ACTION UNLESS AN ACTION BASED UPON THE CLAIM IS COMMENCED WITHIN ONE YEAR AFTER THE DATE THE JOB IS COMPLETED. ANY CLAIM BASED UPON AN EXPRESS WARRANTY UNDER THIS CONTRACT IS AUTOMATICALLY RELEASED AND DISCHARGED WITHOUT ANY FURTHER ACTION UNLESS AN ACTION BASED UPON THE CLAIM IS COMMENCED WITHIN 6 MONTHS AFTER THE DATE THE WARRANTY EXPIRES.
You must provide us with written notice of any warranty claim, of any other claim relating to this contract or the breach of this contract, or of any damage to the job site allegedly caused by us or our employees or agents, within a reasonable time after you discover the claim or damage. You may not commence any legal proceeding relating to the claim for thirty days after we receive your notice of the claim, to give us an opportunity to investigate the claim. You agree that, if you fail to provide us with notice, or if you, before the end of the thirty-day period, alter, repair, or replace any of the work or materials we provided, or any system or component of the job site (or the structure in which the job site is located) that may have a bearing upon the claim (except as may be necessary to prevent further damage to the job site or structure), which prevents us from independently verifying the existence or extent of the claim, then you will be deemed to have irrevocably waived and released all claims, rights, or actions against us and our employees, agents, officers, directors, shareholders, members, partners, affiliates, licensors, successors, heirs, assigns and legal representatives, relating to that claim. You will not directly employ, offer to directly employ, directly pay, or otherwise directly retain any employee of ours to provide construction, remodeling, repair, maintenance, or handyman services to or for you or any property you own. Any work performed in violation of the preceding sentence is not warranted by us.
Solar Addendum: By hiring Ryan's Home Services, Inc. you agree to the following; we make no claim or provides any service related to roofing repairs, replacement, modifications, or any work related thereto. Ryan's Home Services, Inc. or it's employees also have no claim to be roofing inspectors or provide inspection services related to roofing in any manner. As a courtesy, we will make every effort to locate and photograph any roofing damage, including broken tiles, cracked tiles, missing tiles, loose tiles, or surrounding damage, upon observation and prior to work being performed and inform the customer of such damage, if we are able to make contact. We make no guarantee to locate all damage on such roof nor do we warrant any claim of cracked or broken tiles of damage, whether observed or not, from prior to work started for that reason. We offer experienced and trained employees for roof walking/solar work and every precaution is taken to prevent new damage to roof tile and surrounding areas.
Pool Service Addendum: Weekly pool service is to include pool brushing, skimming, chemical balancing (chemicals included), basket cleaning, and safety checks of pool and equipment. Each weekly service includes electronic documentation and a photo of your completed service transmitted to both the email and phone number we have on file for your convenience and records. Filter cleaning, salt cell cleaning, and repairs are charged additional and not included in weekly service. Any service requiring an additional charge will seek prior verbal authorization before the work is completed. Active inclement weather, except extreme, will receive a modified service including chemical adjustment and safety checks only. Pool service is billed at the beginning of each month for that month of service (April 1st pays for April service) and there are no billing contracts required. As such, payment not received within 14 days of the billing date with receive a stop service until billing is made current. Ryan's Home Services Inc. excepts no liability for the condition or your pool related to stopped service due to a lack of payment. Any cancelation of a weekly service by Ryan's Home Services Inc. will receive a prorate adjustment on the following month's bill. Likewise, overall service canceled by Ryan's Home Services Inc. will receive a prorate refund of monthly charges for any service not performed by us. We will not provide a refund or prorate adjustment for any weekly/monthly service canceled by the customer in an incomplete month or week requiring such. Customer should make every effort to communicate cancelations scheduled for the end of the billed month. Ryan's Home Services Inc. accepts no responsibility for animals, equipment, acts of nature, or any other aspect of the home unrelated to the pool, equipment, or service functions and/or if such factors affect regular day of service. Any failed attempt to provide pool service on the scheduled day, due to such factors, will be deemed completed and we will return the following week to resume service.
Home Maintenance Plan Addendum: Our home maintenance plan is a no-contract membership that is paid by auto-pay month-to-month. Members will be provided with a auto-draft date and will incur the same charge on the same date monthly. The auto-draft may be canceled at any time by written request to our email at firstname.lastname@example.org or verbal request at our main office number (951) 392-4351. As with month-to-month service, a missed payment will be viewed as a non-payment and service will be suspended until payment is made current. Ryan's Home Services Inc. guarantees any current and paid member a rate lock guarantee to not incur any rates changes to their membership as long as the membership is consistent and in good standing, despite current rates or rate increases. Members are guaranteed to receive services mentioned on our membership pages that is designated to their respective purchased membership they signed up for. All services are pre-designated, at the discretion of Ryan's Home Services Inc., and disseminated based on a once yearly basis, unless otherwise noted. No substitutions of service may be made without prior arrangement. Member service technicians may be allotted extra time on scheduled services. Members may ask for additional services that are within the technician's skill set, and available time, and these services will be provided at no additional cost. Scheduling is performed bi-monthly for each member and done by direct phone call to our main number on file. Missed calls will receive a voicemail message, if available, to request a call back. We will make two separate attempts to schedule and notate each attempt and after such we will attempt again the next following bi-monthly scheduling window. Ryan's Home Services Inc. does not accept liability for failed scheduling after two attempts have been made but will make every effort to bring any servicing needs current for our members.
Housekeeping Addendum: All housekeeping services are billed at an hourly rate, not individual services, per employee. Hourly rates include labor, standard equipment, and standard chemicals. Specialized chemicals/equipment may be used upon request and if provided by customer. Monthly or bi-weekly reoccurring services may be set-up and will receive a reduce hourly rate. The needs of every home will vary depending on previous condition, traffic, and use. Based on these undetermined and ever changing factors, Ryan's Home Services Inc. will only guarantee service hours paid, not quantity or finished status. Service hours can be added or subtracted per request.
A LINK TO THESE TERMS IS PROVIDED IN ALL COMMUNICATIONS OF SCHEDULING AND INVOICING FOR YOUR CONVENIENCE.
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