Terms

Terms and Conditions

Work and Standard of Performance. Amp Electric of West Michigan, LLC ("Contractor''), Electrical Contractor’s License No. 6112567, shall furnish the labor, materials, equipment, tools, and services ("Project" or "Work") described in the attached Estimate at the address identified in the Estimate or as otherwise agreed upon by the parties. Except where the Estimate is on a time/materials basis, the Customer requests changes to the Project or Work, or as otherwise expressly set forth in the Estimate, the Estimate is the final cost of the Project or Work to be performed by Contractor. The Project performed by Contractor shall be conducted in a good, workmanlike manner, consistent with accepted industry standards.

Payment. Unless otherwise set forth in the Estimate, Customer shall pay 50% of the Estimate at the time the Customer signs the Estimate contracting for Contractor to perform the Work, and the balance shall be due upon Customer's receipt of the final invoice. If Contractor has the Customer’s credit card(s) on file, Customer hereby permits Contractor to run any such card(s) to collect payment without further written permission by Customer. Customer shall be responsible for late fees for any and all balances more than thirty (30) days old. Late fees shall be 1.5% per month on any unpaid balance. Further, in the event of Customer's breach of payment terms, Customer agrees to pay all of Contractor's reasonable attorney fees, litigation costs, and all other charges and costs incurred by Contractor in collecting payment. Customer also agrees to pay a $40 service charge in the event that a check is returned by Customer's bank for any reason.

Completion of Project. Contractor shall use its reasonable efforts to complete the Project described in the Estimate in a timely manner. However, Contractor shall not be responsible for delays caused by Customer-requested changes to the Project and/or for delays that are otherwise outside of Contractor's control, including, but not limited to, malfunctioning equipment and/or acts of God.

Changes in the Project. From time-to-time, Customer may request changes in the Project consisting of additions, deletions, or modifications. To the extent that in the Contractor’s reasonable belief the requested change in the Project will cost in excess of $2,500, that requested change should be detailed by Contractor in a separate written Estimate, with a down payment of at least 50% for the additional work. IN NO EVENT, HOWEVER, SHALL FAILURE BY THE CONTRACTOR TO PROVIDE AND/OR THE CUSTOMER TO OBTAIN A SEPARATE WRITTEN ESTIMATE FOR THE CHANGE (E.G. CUSTOMER VERBALLY DIRECTS CONTRACTOR TO MAKE CHANGES IN THE PROJECT) RELIEVE CUSTOMER FROM PAYING CONTRACTOR FOR ANY ADDITIONAL WORK PERFORMED BY CONTRACTOR.

Customer's Duties and Liability. Customer agrees to defend, hold harmless and indemnify Contractor against all claims, lawsuits and any other liability or injury to persons or damage to property or personal injury (including death) arising from any and all services, work, labor, or job performed by Contractor, except those resulting from the sole negligence or intentional or grossly negligent conduct of Contractor. 

Customer’s Representations and Warranties. Customer hereby represents and warrants that Customer is the sole owner or lessee of the property at which the Project or Work is to be performed or, where Customer owns the property jointly, he has the express consent of all co-owners to enter into this agreement and bind each of them. Customer further represents and warrants that the subject property is not under or otherwise subject to a land contract and/or, if it is subject to a land contract where Customer is the land contract vendee and not the title owner of the property, Customer represents and warrants that he is signing the Estimate and contracting for the Project or Work with the express knowledge and consent and as an agent and representative of the land contract vendor / title owner of the property.

Limitation of Damages. If Customer believes any Work is defective or otherwise unsatisfactory and that it needs to be corrected, repaired, or otherwise addressed, Customer shall send written notice to Contractor at its address as identified in the Estimate via certified mail within 1 year after the Project or Work is completed. Customer's written notice shall describe in detail why Customer believes the Work is defective or otherwise unsatisfactory. If such notice is not timely provided, Customer acknowledges and agrees that the Work has been accepted by the Customer, the Work is not defective, and that Customer has waived all rights to contest or otherwise dispute the manner of Work performed or seek compensation or offset from Contractor. Further, in no event shall Contractor's liability to Customer, or any of Customer's agents, successors, or assigns exceed the total monies actually received by Contractor from Customer for Work set forth in the Estimate. Moreover, Contractor shall under no circumstances be liable for incidental or consequential damages. 

FINALLY, CONTRACTOR EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IF A PRODUCT INSTALLED IS FAULTY, MOST MANUFACTURERS DO NOT PAY FOR THE PRODUCT TO BE REINSTALLED AND REINSTALLTION SHALL BE THE SOLE RESPONSIBIITY OF THE CUSTOMER TO PAY.

Arbitration. All claims or lawsuits brought by Customer against Contractor, including, Contractor’s employees, agents and representatives, are subject to arbitration, pursuant to MCL 691.1681 et. seq. That is, the Customer agrees to arbitrate any and all claims it may have against Contractor, and further, the parties agree that a judgment of any court may be rendered upon the award made by an arbitrator or arbitration panel, and shall be valid, enforceable, and irrevocable save upon such grounds that exist at law or in equity for the recession or revocation of any contract. It is further understood, however, that this provision in no way limits, prohibits, bars or otherwise hinders the ability of Contractor to file a claim, lawsuit or other action against Customer or any other person or entity in either state or federal court.
Customer agrees to be responsible for all costs and expenses incurred in arbitration, including all fees charged by the arbitrator. Further, except where Customer is awarded all damages and monies from Contractor that Customer initially seeks in any proceeding arising under or otherwise related to this agreement, Customer agrees to be responsible for and reimburse Contractor for all attorney fees and costs they incur in any such proceeding, including arbitration. Moreover, to the extent Customer files a court action against Contractor and Contractor or the subcontractors file a motion to compel arbitration, Customer shall reimburse Contractor for all attorney fees and costs it incurs as a result from such motion. 

Miscellaneous. The Estimate and these Terms and Conditions shall be governed by the laws of the State of Michigan. The invalidity or unenforceability of any portion or provision set forth above shall in no way affect the validity or enforceability of any other portion or provision. The Estimate and these Terms and Conditions contain the full understanding of the parties with respect to the subject matter, form a contract between Customer and Contractor, and supersede all prior or contemporaneous estimates, agreements, statements, or representations, written or oral, between the parties with respect to such subject matter. Customer acknowledges that it is not relying on any representations or statements as to the subject matter of the Estimate or as to the efficacy of the services to be supplied or provide by Contractor or with respect to any other matter not specifically set forth herein. Finally,_ Customer acknowledges that only Joseph Cutshall, member of Amp Electric of West Michigan, LLC, has the power or ability to bind or otherwise represent Contractor and that Customer is not relying on any representations made by any other person or entity.

Note that an electrician is required to be licensed under article 7 of the skilled trades regulation act, MCL 339.5701 to 339.5739. 
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