SIMPLE, STRAIGHTFORWARD, AND FAIR
OUR TERMS & CONDITIONS OF SERVICE
Effective Jan 8, 2020
Updated Dec 4, 2020
Our goal is to be the best and most customer responsive electrical service provider in the business. We do this by communicating with you clearly, respecting your time, respecting your home, standing behind our work, hiring the best electricians and training them to provide quality electrical repairs and exceptional customer service.
COMMUNICATING WITH YOU CLEARLY:
Our electricians will complete the diagnosis and communicate with you clearly the electrical repairs needed. Before we perform the electrical repair, we will explain what needs to be done and the estimated cost of the repair. We will not proceed with the repairs until we have your approval on the Work Order. The approved Work Order and these terms and conditions are the complete and exclusive agreement between us, and no verbal agreements shall be binding unless included herein.
OUR SATISFACTION GUARANTEE:
The Company is committed to customer satisfaction with our delivered services. With this in mind, the best time to address a potential issue is while we are onsite with our team and truck(s). This makes sense because we haven’t collected any money and we will not do so if you tell us you are not happy. On every service call you have the opportunity to express a concern before you pay via text or phone call. If there are any issues, you are required to notify the company through the text you received at booking or via telephone while we are onsite. The Company will immediately work diligently while our staff and trucks are onsite to facilitate our client to a satisfied status. The Company is not responsible for any satisfaction guarantee once we are offsite from the initial onsite service call.
During COVID-19, payment is form of agreement that the job was approved and completed satisfactory.
RESPECTING YOUR TIME – OUR INDUSTRY LEADING “ON-TIME” GUARANTEE:
If the Company does not arrive during the time frame provided to you and the work is completed, the trip fee will be free to you that day. We must place reasonable restrictions on this “On-Time” guarantee for circumstances that are beyond our control. For example, in our area, there are weather conditions, including flooding, heavy rain, ice, wind, hail, and other severe weather that makes it unsafe for our electricians to travel to or work on your home as well as road closures and accidents that are outside our control. Any failure to meet the appointment window because of these conditions is excused and no “On Time” guarantee is offered. Further, the “On-Time” guarantee is only offered for service calls for which a trip fee is charged and not designated as a “stand-by” calls by the Company. We do reserve the right to cancel any appointment without liability under the “On-Time” guarantee if there is an emergency condition or if there is no power to the home by the utility provider. We further reserve the right to cancel or reschedule any appointment without liability under the “On-Time” guarantee as long as we notify you before the start of the designated arrival window.
RESPECTING YOUR HOME:
The Company prides itself on respecting your home and we try to leave your home in the same or better condition than it was prior to the service call. Our electricians are trained to wear floor savers and to clean the area where the work was performed. While we make every reasonable attempt to respect your home, because of the nature of electrical repairs, the Company cannot be responsible for any drywall, paint, trim, cosmetic or other damage caused by gaining access to, inspecting, diagnosing or repairing the electrical problems. For example, our electricians may need to access the attic to determine the nature of the electrical problem. Sometimes, simply accessing the attic by walking on the ceiling joist will crack the drywall on the ceiling. As a term and condition of service, the Customer releases Company from any such damages caused during the work performed by Company and the Customer further understands that they may need drywall, paint, cosmetic or other repair work to return the home to normal after the electrical repair is made and that such work is not the responsibility of Company. Furthermore, the Company is not responsible for, and assumes no liability for, any loss, damage or expense caused by any debris, such as wire trimmings, that are accidentally left behind and ingested by animals or persons. Under no circumstances will the Company be responsible for any damages if the Company has not performed electrical repairs for the Customer. The Company is also not responsible for any pre-existing defective condition in the home or the electrical circuit. For example, to perform electrical repairs, breakers may need to be shut off. Often, with older breakers, after the repair is completed, these breakers may not reset and may need to be replaced. This is one example of a pre-existing condition or defect in a part that needs to be replaced because of age and wear and not because of anything done by the electrician.
The Company is not responsible for any repairs, installation, removal or replacement of non-service items that were damaged or altered to perform the electrical repair or gain access to perform the electrical repair, including but not limited to concrete, paving, asphalt slabs, sidewalks, driveways, patios, pools, trees, shrubbery, grass lawns, underground-sprinklers, plumbing, gas lines, fences, electrical wiring and fixtures, painting, decorations, plastering, sheetrock and other wall coverings, glass, carpentry, millwork, cabinets, floors, carpeting, floor surfaces and preparation, siding, stucco, roofing, flashing, sheet metal, gutters, downspouts, brick, stonework, extension walls, steel and other framework. Additionally, the company is not responsible for the fit and finish of any appliances and equipment that is connected to the electrical system. The company is not responsible for any type of measuring relating to anything connecting to the electrical system.
STANDING BEHIND OUR WORK – OUR WARRANTY:
We stand behind our work and offer what we feel is an industry-leading warranty. The warranty is provided to our Customer only and is not transferable. Our Warranty begins from the date of service:
One (1) year parts and labor on most parts and repairs unless otherwise stated on invoice.
Seven (7) years parts and labor on electrical service panels, One (1) year on breakers (provided the manufacturer provides a lifetime warranty on the panel).
Three (3) years parts and labor on main electrical service, One (1) year if Aluminum wire.
One (1) year parts and labor on Active Electronic devices which includes any device with a
printed circuit board. Examples of included devices: Arc-Fault breakers, GFCI breakers, GFCI
Outlets, Smoke Detectors, Electronic Dimmers, LED lights and Drivers, any “smart devices”.
**must have working panel surge protector and ground with < 25 ohms of resistance. If these
conditions are not met, the warranty is voided by company**
Surge Protectors. The warranty provided by the manufacturer is the sole warranty provided to the Customer on surge protectors. No warranty of any kind (parts or labor) is provided by the Company on surge protectors.
REASONABLE LIMITATIONS/EXCLUSIONS ON OUR WARRANTY:
We have placed reasonable limits on Our Warranty.
The Company’s obligation under Our Warranty is limited, at Company’s option, to either (1) repair and/or replace any defective part or (2) the refund of the amount paid by Customer for the defective parts and/or labor. No warranty (parts or labor) is provided on any “customer provided” parts or equipment.
No warranty is offered on any parts or repair unless the work was paid for, in full, to the Company. If the parts and repair are not listed on the invoice, or were listed on the invoice but not charged or paid for, there is no warranty provided.
If Company’s work for which a warranty is claimed has been modified, altered or any work has been done to the electrical circuit, inclusive of panel service, installations of devices or junction boxes, Our Warranty is voided because the electrical wiring acts as an inter-related system.
There are circumstances where the Company will recommend other repairs to the Customer that if not made, may cause the repair that was made to fail. If the Customer elects not to have the recommended repairs done, no warranty is offered for the repair that was made.
If the part, equipment or repair for which the warranty is claimed has been abused, modified, misused, relocated, damaged or has not been reasonably maintained, Our Warranty is voided. If the part, equipment or repair has been damaged by electrical surges, lighting or other weather-related issues, Our Warranty is voided.
No warranty is provided for damage or failure due to environmental or weather conditions (outside of manufacturer specifications) fire, shifting soil, or other acts of God, including but not limited to lightning strikes, flooding, and wind damage.
No warranty is offered for any cosmetic or appearance defects.
No warranty is offered for any inter-connected device failures such as smoke detectors other than the exact one that was installed by the Company. There are circumstances where other inter-connected devices on system will fail and the company offers no warranty on the system. No warranty is offered on regular battery maintenance which includes changing out batteries on non-sealed smoke detectors.
No warranty is offered on light bulbs or any other consumable products.
No warranty is offered for any loss of efficiency due to normal wear and tear, for overrated capacities, for modifications or for failure that is due to defect, damage or loss of efficiency caused by the use of any attachment, (including an energy saving device) not authorized by the manufacturer or the Company.
No warranty is offered for any future change in regulation or electrical or building code made after the work is performed by the Company. The Company is excused from coverage in the event that any applicable governing body implements any new or revised rules or laws that require additional/revised servicing or replacement of the parts or equipment.
If you have a suspected warranty claim, you must notify the Company and allow us to inspect the electrical issue before any changes are made or the parts or equipment is removed or otherwise altered. If you fail to allow the Company to inspect the electrical issue before the parts or equipment are removed or altered, Our Warranty is voided. If an electrician is called out on a warranty call and the item needing repair is not covered by Our Warranty, the normal service charge will be charged, plus an additional $100 minimum labor fee and will be paid by Customer. All warranty work will be scheduled and performed during normal business hours only, unless the Customer requests “after-hours” emergency service for which the Customer will be charged the standard emergency service fee. If it is determined that the repair needed is covered under warranty (technician determined) then customer will be refunded standard repair portion of the emergency service fee. Normal business hours are Monday – Friday 8am-8pm, excluding holidays.
This warranty gives you specific legal rights. To obtain services or information under this warranty, please contact Mister Sparky by mail or telephone 21819 Katy Freeway, suite. B -102 Katy, TX 77450, (281) 599-9473.
THERE ARE NO WARRANTIES BEYOND THOSE EXPRESSLY GRANTED HEREIN. The COMPANY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY SHALL NOT BE LIABLE FOR (1) ANY LIABILITY FOR BREACH OF CONTRACT OR OF WARRANTY (2) ANY LIABILITY FOR TORT CLAIMS INCLUDING NEGLIGENCE AND STRICT LIABILITY OR ARISING UNDER THEORIES OF LAW WITH RESPECT TO PRODUCTS SOLD OR SERVICES RENDERED BY COMPANY OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATED THERETO AND/OR (3) ANY CONSEQUENTIAL, INCIDENTAL AND CONTINGENT DAMAGES WHATSOEVER. THE CUSTOMER AGREES UNDER THE TERMS AND CONDITIONS HEREIN AND AS A CONDITION OF SERVICE THAT THE COMPANY’S LIABILITY TO CUSTOMER FOR ANY REASON SHALL BE EXPRESSLY LIMITED TO THE TOTAL AMOUNT CHARGED TO THE CUSTOMER FOR THE SERVICE REPAIR.
RESPECTING OUR ELECTRICIAN AND THE TRADE:
The Company’s electricians are our full-time employees and we have made a significant investment in our electricians. Under no circumstance is the electrician allowed to provide services for a Customer in any capacity other than as an electrician of the Company. Please do not ask the electrician to perform work “on the side” or “off the clock” as it places the electrician in an awkward position and may jeopardize his or her employment. Our electricians have been fully educated in the unlimited risk that is created if they perform any work on the side because there is no insurance to protect them in the event of physical damage to the home, or worst case, loss of life. If a Customer requests the electrician perform work “on the side” it will be reported back to the Company, and the Customer will placed on an indefinite do-not-service list. If an electrician offers to perform work “on the side” please be aware that this individual has no general liability insurance and more importantly has no workers compensation insurance which would place you as the homeowner in a position to have the reciprocating unlimited risk if he is injured or suffers loss of life in your home or on your property. Please call a manager at the Company if the electrician offers to do any such work. This unauthorized situation creates problems for the electrician, the Company and for you and your home.
Payment in full is due upon the completion of the electrical repair. No cash or check payments are accepted. For larger jobs, we will require upfront payment of one-half (1/2) of the estimated repair cost prior to job start. If payment is not received within ten (10) days from completion of work, late fees as well as interest at the rate of one and one-half (1.5%) percent per month will be added to any balance due. If the Company has to file suit, the Customer agrees to pay the Company’s reasonable attorney’s fees, costs and interest in addition to the amounts owed. The Customer accepts full responsibility for the prompt payment even though customer may intend to obtain reimbursement from others (landlords/tenants/insurance). In the event of non-payment at the time of service, the Company reserves the right (1) to contact law enforcement and file charges for the non-payment and (2) to remain at the property until a police report is filed.
During COVID-19, payment is form of agreement that the job was approved and completed satisfactory.
OUR CANCELLATION POLICY:
If you have scheduled an electrical repair that requires a City Permit to be obtained, the Company will require a deposit of one-half (1/2) of the estimated repair, unless it is an Ally, Synchrony, or Greensky approved account which will be one-fifth (1/5) of the estimated repair. If, after the deposit is made, you decide to cancel the repair, you agree that the Company is owed for any work performed plus twenty percent (20%) of the estimated cost of the job as liquidated damages to compensate the Company for the time, cost, effort, reservation of labor and materials caused by the booking of the appointment and the subsequent cancellation. This is as liquidated damages to compensate the Company for an uncertain loss and not as a penalty. By scheduling work to be completed at a later date, you specifically authorize the Company to retain the amounts owed from your deposit. If the deposit is not sufficient to cover the charges and fees, you authorize the Company to collect the amount owed. Any type of wire cuts and permits are non-refundable. Upon cancellation, it is the customer’s responsibility to administratively close out any permits and the Company will not be responsible for, and shall be fully released from doing so.
LIMITATION OF ACTION/MEDIATION:
Any legal action relating to the repairs made or services provided shall be commenced within one (1) year from the date the work was performed. Customer shall be deemed to have accepted all delivered goods which if not rejected within three (3) days of receipt. Other than for a failure to pay by the Customer, the Parties agree to mediate any dispute with the local Better Business Bureau (BBB) prior to filing a lawsuit.
The services provided herein shall be governed by Texas law and interpreted in such a manner to be valid and enforceable. If any provision of this agreement, including the warranty, is held invalid, illegal, or unenforceable, the invalidity, illegality or unenforceability of such provision shall not affect the remaining provisions of this warranty.