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Terms & Conditions

Terms & Conditions

Terms and Conditions below refer to the “Contractor” as Trout Electric and “Customer” as any party that requests or obtains services provided by Contractor, unless otherwise stated/agreed to in a separate, written, legal contract between both Contractor and Customer

1. SITE CONDITIONS

1.1. CUSTOMER shall secure, remove, and protect all individuals, property, and its contents including but not limited to adults, children, animals, cabinets, fixtures, flooring, walls, tiling, carpets, drapes, furniture, and vegetation during and upon completion of work and shall hold harmless and indemnify CONTRACTOR, its employees, and agents against all claims arising out of CUSTOMER’s failure to do so.

1.2. If CONTRACTOR must obtain access to other properties in the course of work, CUSTOMER shall secure permission for such and hold harmless and indemnify CONTRACTOR and its employees and agents against all actions and consequences arising or relating to the use of the said properties, including but not limited to damage done in the normal course of work, excluding negligence, and for securing said property and its contents during and after work.

2. LIMITED WARRANTY

2.1. CONTRACTOR warrants its materials and workmanship to be free from defects for three years after performance, unless otherwise specified in writing. CONTRACTOR’s responsibility under this warranty is limited to repairing or replacing defective parts and performing the services necessary to correct the defect, but in no case shall the warranty liability exceed the original cost of service. If CONTRACTOR is unable to repair the defects, CUSTOMER will be entitled to a refund of the amount paid by CUSTOMER with respect to the defective parts or labor. CONTRACTOR’s warranty liability shall in no event exceed the refund of such amount. This warranty does not cover motion sensor lights, lamps, light bulbs, fluorescent tubes, and other expendables, nor faults caused by misuse, negligence, or damage caused by acts of God including but not limited to natural disasters and or events. In the event that a manufacturer offers a warranty (EV chargers, home batteries, “smart” panels/devices/etc., said warranty shall negate and supersede CONTRACTOR’S warranty. This warranty is the only warranty by CONTRACTOR to CUSTOMER and is in lieu of all other warranties, expressed or implied.

2.2. CUSTOMER shall telephone CONTRACTOR within twenty-four (24) hours of discovery of any warranty claim. CONTRACTOR will respond with reasonable promptness between the hours of 8:00a.m. to 4:30 p.m. Monday through Friday, excluding holidays.

2.3. CONTRACTOR shall not be liable for electrical or other damages relating to drywall, stucco, roof, carpet, tile, floor, windows, fixtures, plumbing, furniture, and personal property from defect or delay in responding to warranty. CUSTOMER must take reasonable steps to mitigate damages.

2.4. CONTRACTOR shall not be liable for problems caused by pre-existing electrical code violations nor by owner-provided fixtures or materials that are incomplete or faulty.

2.5. Crimp-Splice Removal or other troubleshooting is based upon visual observation of the existing condition and is not meant to be technically exhaustive to cover past, present, or future electrical load usage, nor to imply that every component was inspected or that every possible defect was discovered. Any concealed component or condition of existing wiring is excluded from this warranty.

2.6. CONTRACTOR shall not be liable for lost profits, incidental, special, exemplary, indirect, or consequential damages resulting from any work performed, or any problem whether or not covered by this limited warranty.

3. UNFORSEEN CONDITIONS

3.1. An extra may be incurred if the Building Department (Authority) having jurisdiction deems it necessary to upgrade CUSTOMER’S property’s grounding electrode system per the current Building Department codes. Contractor is not responsible for inadequate pre-existing grounding electrode system.

3.2. If conditions and/or circumstances are encountered at the job site which are concealed, pre-existing physical conditions (such as dry rot, defective wiring concealed inside walls, in basements, attics, or in underground conduit), or unknown physical conditions of an unusual nature, which differ materially from that which is visually ascertained, CUSTOMER agrees to accept responsibility for such conditions and those circumstances outside the control of CONTRACTOR and further agrees to pay for any labor or materials, including repair to damaged equipment of CONTRACTOR caused by such conditions and/or circumstances. It is the intent of this provision to make CUSTOMER responsible (1) for all unforeseen and concealed conditions and (2) for that which CONTRACTOR cannot control. Accordingly, CUSTOMER further agrees to hold CONTRACTOR harmless and shall indemnify and defend CONTRACTOR and all its agents and employees from and against all claims, damages, losses, and expenses including but not limited to attorney fees or consequential damages, arising out of or as a result of the performance of CONTRACTOR’S work involving, affecting, or relating to such unforeseen or concealed conditions regardless of whether such damages are caused in part by CONTRACTOR.

3.3. Asbestos or other Hazardous Materials Remediation Work – CONTRACTOR has no information whatsoever with respect to asbestos or other hazardous materials or substances in any portion of the CUSTOMER’S property and has not conducted any investigation in connection herewith. CONTRACTOR does not perform asbestos or other hazardous materials or substance removal and CONTRACTOR shall have no responsibility whatsoever. CUSTOMER expressly releases CONTRACTOR from any liability whatsoever and for any claims arising out of its presence, release, remediation or removal and for any costs, losses or damages CUSTOMER may suffer or sustain if it is found to exist on the CUSTOMER’S property, or if, in order to obtain a building permit for the work to be performed by CONTRACTOR as set forth herein, any remediation action or work, including investigation is required to be performed on the CUSTOMER’S property concerning asbestos or other hazardous materials or substances, all work by CONTRACTOR will cease until such time as CUSTOMER has, at CUSTOMER’S expense, caused said asbestos or other hazardous materials or substances to be removed in compliance with all applicable laws relating thereto.

4. SOLUTION NOT PERFORMED

4.1. If suggested options or recommendations are not chosen by the CUSTOMER, and a failure is experienced, the CONTRACTOR is held harmless.

5. LICENSE, PERMITS, FEES

5.1. CUSTOMER shall furnish and pay for, at their own expense, all taxes, permits, license fees, and Electric Utility Dept. fees required to legally perform the repair work in accordance with this Agreement, unless otherwise specified in writing. Access to the property for an agent of administrative authority must be provided within a reasonable time. Should reasonable access not be provided, it may result in additional charges to the CUSTOMER. If at any time the administrative authority asks for additional work not related to our original contract, the work is the responsibility of the CUSTOMER. CONTRACTOR will provide an additional FLAT RATE PRICE for that work. All notices related to work performed by the CONTRACTOR which are sent to the property owner must be forwarded to the CONTRACTOR and a reasonable amount of time allowed for the process.

6. PAYMENT

6.1. If job is priced as FLAT RATE, the price includes Materials, Tax, Labor, and Permit Fees if specified and requested by customer. No breakdown wll be provided.

6.2. If job is priced as TIME AND MATERIAL, the price will be based upon Time spent (at an agreed-upon Hourly Rate per man), plus cost of Materials and Tax, plus any other related job expenses.

6.3. Payment for the work described herein this agreement shall be immediately due and payable as agreed, upon completion of the work, unless otherwise specified in writing.

6.4. No deduction shall be made from payments due to CONTRACTOR on account of penalty, liquidated damages, back-charges, for alleged defective work, or other sums withheld from payments to other contractors or on account of the cost of charges or defects in the work. Furthermore, CUSTOMER agrees and recognizes that payment for services rendered by CONTRACTOR when due is an express condition precedent to CONTRACTOR continuing work as herein described in this Agreement. CUSTOMER recognized that the failure to pay for services when due shall entitle CONTRACTOR to terminate work immediately. In the event that CONTRACTOR terminates work for non-payment as herein described, CONTRACTOR shall be entitled to all of its reasonable expenses including, but not limited to, cost of labor, materials, a reasonable allowance for overhead and profit, and all other compensation as allowed by law.

6.5. In case of default, reasonable attorney’s fees and/or other collection costs incurred by the other party will be paid by the defaulting party, in addition to other amounts due.

7. RIGHT TO TERMINATE IN EVENT OF DISPUTE

7.1. In the event of a dispute between CONTRACTOR and CUSTOMER, CONTRACTOR and CUSTOMER agree that the CONTRACTOR may immediately terminate the work described herein. In the event of such termination, CONTRACTOR shall be entitled to payment for all services rendered including costs of all labor, materials, reasonable profit and overhead. In the event of the cancellation by CUSTOMER after contract has been signed, CONTRACTOR is entitled to a minimum fee of 10% or $1000, whichever is less. In the event of cancellation by CUSTOMER after work has commenced, CONTRACTOR is entitled to 10% or payment for all work performed, whichever is more.

8. NOTICE OF DEFECTIVE WORK

8.1. Upon completion of the work, CUSTOMER agrees to exercise due diligence in inspecting the work for defective workmanship and materials. CUSTOMER agrees to notify CONTRACTOR within forty-eight (48) hours of completion of the work described hereunder of all defective work, if any. CUSTOMER agrees that upon discovery of any allegedly defective work, CUSTOMER shall immediately call CONTRACTOR, who shall have the first opportunity to repair the allegedly defective work. The failure to allow CONTRACTOR the first opportunity to repair the allegedly defective work shall void all warranties, express and implied hereunder. CUSTOMER agrees and recognizes that they shall not withhold any payments for allegedly defective work. CONTRACTOR is not responsible for reimbursement for work performed by any other company or individual.

9. SERVICES NOT COVERED

9.1. Contractor will not perform any and all low voltage wiring (telephone, television, or internet cabling), Design & Build jobs, pool lights or anything related to swimming pools, emergency generators/life-safety systems, exit lights, nurse call systems, burglar or fire alarms, and/ or electrical safety inspections unless otherwise stated on reverse side of Invoice/Contract.

9.2. Any additional Electric Utility Dept. requirements for overhead, trenching, underground conduit or wiring related to service upgrades is not included. There will be an additional charge if customer requests additional services.

9.3. No repair of existing light fixtures or appliances. No more than a one-time setting of time clocks, motion sensors, attic exhaust fans with thermostats, or other programmable electrical equipment (at settings requested by owner or authorized representative). Settings are done at time of installation only, or for an additional charge if CUSTOMER requests subsequent service.

9.4. Increased electrical load usage beyond control of CONTRACTOR that causes tripped circuit breakers or GFI’s or other problem(s) in circuit.

9.5. CONTRACTOR will not perform any work or trade other than that which is specified herein, including but not limited to carpentry, plaster/wall work, tile work, plumbing, HVAC, landscaping, masonry, flooring, roofing, paving, etc. unless specified in writing. Unless otherwise stated, paint, plaster, wood, stucco, and landscaping restoration are the responsibilities of CUSTOMER.

10. SCOPE OF AGREEMENT

10.1. This agreement represents the entire and integrated agreement between CUSTOMER and CONTRACTOR and supersedes all prior negotiations, representations, or agreements, either oral or written. This agreement may be amended only by written instrument offered by CONTRACTOR and accepted by CUSTOMER.

11. SMS TEXT MESSAGING

11.1. These SMS terms apply to anyone who provides a mobile number and opts in to receive text messages from Trout Electric, whether or not they have purchased services. By opting in, you agree to these terms and to our Privacy Policy at [PRIVACY POLICY URL].

11.2. Trout Electric may send appointment reminders, service updates, account notifications, and promotional offers, depending on your preferences and consent.

11.3. Message frequency may vary. Message and data rates may apply.

11.4. Consent to receive text messages is not a condition of purchase.

11.5. Reply STOP at any time to opt out. You will receive one confirmation message and no further messages will be sent. Reply HELP for assistance, or contact us at (951) 338-9592.

11.6. We do not sell or share mobile information with third parties or affiliates for their own marketing purposes.

11.7. Carriers are not liable for delayed or undelivered messages.

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