Terms & Conditions

TERMS AND CONDITIONS OF SERVICE

1. The Services. Tubro Construction will perform the work specified on the front of this Agreement (the “Services”) in a manner intended to obtain the best results achievable in light of the condition of the items being worked on or repaired. All work scopes can vary and we will do our best to describe and complete the work outlined in a professional and workmanlike manner. It is the Customers responsibility to protect or move and stowe away any items or area that are important to them to keep clean. It is also the customer’s responsibility to notify us if they want certain work areas or access areas to be masked off or protected. If this becomes a requirement of Tubro Construction to perform these extra levels of service, there will be additional charges. If there are any changes to the original scope written, it must me in writing or via email correspondence and the additional funds are due prior to ordering or completion unless otherwise agreed upon. There may be delays due to weather, availability of materials or crew availability. We will do our best to complete the work in a timely manner. If there are any questions in regards to schedule, please just give us a call. By signing this agreement Customer accepts the risks described in this paragraph 1 and waives all claims against Tubro Construction arising from those matters.

2. Warranty, Remedies and Limitations of Liability. Tubro Construction warrants that the Services will be performed in a workmanlike manner according to standard practices in the construction industry. Tubro Construction makes no other warranty with regard to the Services. If any Service fails to comply with said warranty, Tubro Construction will re-perform the Service at our expense so that it complies with said warranty. The obligations of Tubro Construction under this paragraph 2 constitute Customer’s only remedies for any breach of this Agreement by Tubro Construction and for any other claims that Customer may have against Tubro Construction with respect to the Services. Tubro’s liability (whether in tort, contract or otherwise, and notwithstanding any fault, negligence, strict liability or product liability of Company) with regard to the Services will not exceed the compensation received by Tubro Construction from Customer with respect to the Services. CUSTOMER WAIVES AND RELEASES ALL RIGHTS AND REMEDIES OF CUSTOMER, AND ALL WARRANTIES, OBLIGATIONS AND LIABILITIES OF TUBRO CONSTRUCTION, EXPRESS OR IMPLIED, EXCEPT THOSE SPECIFICALLY SET FORTH IN THIS PARAGRAPH 2, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE AND CLAIM FOR ANY CONSEQUENTIAL DAMAGES.

3. Indemnification and Hold Harmless. Customer will defend, indemnify and hold harmless Tubro Construction from all liability, claims, damage, losses and expenses, whether direct, indirect or consequential (including, but not limited to attorney's and consultant's fees and other expenses of litigation or arbitration) arising out of performance of the Services to the extent and in the percentage the same is caused, or alleged to be caused, by Customer’s act or omission, Customer’s pet or the condition of Customer’s property; provided that this paragraph does not require Customer to defend, indemnify or hold harmless the Company from the sole negligence of Company or its agents.

4. Entire Agreement. This Agreement sets forth the entire Agreement of the parties regarding the Services, and any other agreement, representation, or understanding, verbal or otherwise, relating to the Services is hereby superseded. This Agreement may be waived, changed, modified, or amended only in writing signed by Customer and Company. If any provision of this Agreement is in conflict with any statute or rule of law, such provision shall be deemed modified to be in conformance with said statute or rule of law.

5. Change Orders, Delay of Schedule, Special Ordered Items. In the instance that a change order is required in order to complete the job in a satisfactory manner according to the customer, Tubro Construction will collect payment in full for the changes as agreed upon. The change order will come in the form of a formal invoice following the same payment guidelines as outlined below. If there is a delay of schedule due to no fault of Tubro Construction, we reserved the right to recoup our financial loss at our standard hourly rate. This delay of schedule will come in the form of a direct invoice to the customer and subject to the same payment guidelines as outlined below. Special order items are a financial burden for Tubro Construction, for all special orders, Tubro Construction requires payment in full at the time of ordering. The special order will come in the form of a direct invoice and subject to the same payment guidelines as outlined below.

6. Hourly Rate. Tubro Construction has a standard hourly rate of $148 for the first hour of service, and then $68/hr for each subsequent hour. This rate will be used in accordance with Change Orders (where applicable), Delay of Schedule, and in time spent on determining Special Ordered Items.

5. Payment, Attorney Fees. Payment in full of the amount specified on the front of this Agreement is due at the time of Service. If payment is not made at the time of Service, payment is required immediately upon receipt of Company’s invoice unless other arrangements have been made with the Company in advance and in writing. If payment in full is not made within 30 days of Service (i) all discounts will become void automatically, and (ii) the amount due will incur interest charges of one and one-half percent (1½%) per month (18% per annum). Customer will pay Company $50 for each dishonored check. Customer will be responsible for all costs and expenses incurred to collect past due amounts, including collection agency fees, reasonable attorney's fees, and costs of alternative dispute resolution, judicial litigation, bankruptcy, receivership, and/or appeal. All Sales are final.