(1) LIMITED WARRANTY: Fix It People warrants against latent defects arising out of faulty workmanship or material purchased by Fix It People for a period of three (3) months from the date of service (“Warranty Period”). Fix It People’s obligation under this Limited Warranty shall be limited to repair and replacement, at its option, of the faulty workmanship or material. For the purposes of this Limited Warranty, “latent defects” are limited to those defects which are not apparent at the time of the client’s inspection of the property but which become apparent prior to the expiration of the Warranty Period.
THIS LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES OF FIX IT PEOPLE, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, HABITABILITY OR FITNESS FOR A PARTICULAR PURPOSE) AN INURES ONLY TO THE BENEFIT OF THE PURCHASER WHO HAS SIGNED AND APPROVED THIS LIMITED WARRANTY. AS TO ANY PERSONAL PROPERTY AND AS TO ANY CONSUMER PRODUCTS (AS THAT TERM MAY BE DEFINED UNDER APPLICABLE FEDERAL, STATE OR LOCAL LAWS OR THEIR IMPLEMENTING REGULATIONS) WHICH MAY BE CONTAINED IN THE PROPERTY, SELLER NEITHER MAKES NOT ADOPTS ANY WARRANTY WHATSOEVER AND SPECIFICALLY EXCLUDES EXPRESS OR IMPLIED WARRANTIES OF ANY NATURE INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
(2) SATISFACTION GUARANTY: Fix It People will exercise every reasonable effort to guaranty client satisfaction. All work will be completed in a professional manner according to standard practices and local requirements.
(3) CLAIM AGAINST LIMITED WARRANTY: All claims for any breach of limited warranty must be submitted via email to firstname.lastname@example.org. Upon Fix It People’s receipt of such claim, Fix It People will immediately launch an investigation. In the event it is determined that a limited warranty has, in fact, been breached, Fix It People will fix, repair or replace the item at issue at no additional labor cost to the client.
(4) WARRANTY EXCLUSIONS & LIMITATIONS: The following exclusions and limitations apply to Seller’s Limited Warranty obligations:
(a) Warranty services is not available for and does not cover correction of the results of ordinary wear and tear or damage due to misuse or neglect; negligence or failure to provide proper maintenance. THIS LIMITED WARRANTY DOES NOT EXTEND TO ANY ITEM WHICH HAS BEEN MODIFIED OR REPAIRED BY CLIENT OR ANY ITEMS WHICH ARE INSTALLED OR CONSTRUCTED PURSUANT TO A SEPARATE CONTRACT OR AGREEMENT BETWEEN THE CLIENT AND ANY PARTY OTHER THAN FIX IT PEOPLE. THIS LIMITED WARRANTY DOES NOT EXTEND TO ANY ITEM IF THE CLIENT STOPS ANY WORK BEING PERFORMED BY FIX IT PEOPLE BEFORE COMPLETION OF THE WORK. THIS LIMITED WARRANTY SHALL NOT BE EFFECTIVE UNTIL FIX IT PEOPLE HAS BEEN PAID IN FULL FOR ALL WORK PERFORMED. ALL REPAIRS MUST BE AUTHORIZED AND APPROVED IN ADVANCE BY FIX IT PEOPLE.
(b) CLIENT FURTHER AGREES THAT FIX IT PEOPLE SHALL NOT BE LIABLE TO CLIENT OR ANY THIRD PARTY FOR LOSS OF PROFITS, LOSS OF USE, INTERRUPTION OF BUSINESS, OR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHETHER UNDER THIS AGREEMENT OR OTHERWISE, EVEN IF FIX IT PEOPLE WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR WAS GROSSLY NEGLIGENT.
(c) No steps taken by Fix It People to correct defects shall act to extend the scope or duration of this Limited Warranty beyond the Warranty Period, unless such repair work is faulty or defective. No representative of Fix It People has the authority to expand or extend the scope or duration of this Limited Warranty or to make verbal agreements with respect thereto. This Limited Warranty is not assignable and any attempted assignment shall be null and void.
(d) Fix It People maximum liability shall be limited to the amount of charges paid by client for the defective labor or material provided.
(5) LABOR CHARGES: There is a minimum charge of one hour of labor for all projects. Additional labor will then be charged at the rates set forth on an estimate and prorated in 15-minute increments. Client is only charged for time worked. Interruptions for activities like lunch breaks or coordination with the office on other client’s jobs are not billed.
(6) MATERIALS: Materials may be provided by client, or at client’s request, Fix It People will purchase the materials and deliver them to the job site. If Fix It People purchases the materials, the costs of the materials plus a nominal markup for handling services will be charged to client in addition to the labor costs. Reasonable shopping time for materials that Fix It People purchases is charged at the normal labor rate. Fix It People will use its best efforts to match style, paint, texture, stain, or other existing conditions when obtaining materials to match or coordinate with other existing items on the property, but there is no guaranty it will be able to do so in all circumstances.
(7) SPECIALTY EQUIPMENT AND TOOLS: Fix It People will normally have all equipment and tools necessary to perform the project. Some projects, however, may require specialty equipment or tools in order to properly perform the job. Those equipment and tools will normally be rented from a third party service. Client will be charged for all specialty equipment and tools necessary to complete the job.
(8) HIDDEN SITE CONDITIONS: “Hidden site conditions” are defined as subsurface or other physical conditions that are not visible upon normal inspection before work is undertaken. Upon discovery of a hidden site condition, Fix It People will promptly notify the client and if the conditions cause an increase in Fix It People’ cost or time required for performing any part of the work, an equitable adjustment shall be made to this invoice. Fix It People reserves the right to stop all work once a hidden site condition is discovered until authorization to proceed is obtained from client.
(9) PERSONAL PROPERTY OF CLIENT. Client shall take every precaution to remove and/or or protect any personal property from the general area where services shall be performed. Fix It People shall not be held liable for any damage caused to any personal property unless such damage was caused from the willful misconduct of Fix It People.
(10) SOLICITATION: It is agreed that client shall, under no circumstances, solicit or attempt to solicit an employee or subcontractor from Fix It People to do work directly for a client. Any attempt to do so will void all warranties.
(11) INSURANCE: Fix It People carries full Worker’s Compensation, Liability Insurance, and a Dishonesty Bond. Owner of the premises or client are expected to carry usual property insurance. Fix It People shall not be liable for any claims that would normally be handled by property insurance if client fails to carry such insurance.
(12) PAYMENT: Full payment required upon completion of job. Payment by check is preferred but Fix It People also accepts Visa, MasterCard, and Discover. Regardless of method of payment, client agrees Fix It People shall retain client’s credit card number on file. If payment is not received at completion of job, the credit card on file will be used to pay balance owed. All parties accept that the work agreed to has been completed to the satisfaction of the client. No refunds on Credit Cards. By accepting this work as completed, client waives any and all future Credit Card disputes or Chargeback rights. All parties agree upon the terms, conditions and protection as governed by the consumer laws of the State of Illinois. Furthermore, it is accepted that there are no refunds on Visa, MasterCard, or Discover and that all sales are final.
(13) INSUFFICIENT FUND CHECKS: Fix It People shall charge the lesser of $50 or the maximum permitted by applicable law for all checks returned for insufficient funds or stop payment.
(14) INTEREST, MECHANIC’S LIENS: In the event payment is not made as agreed above, interest on all unpaid balances shall accrue at the lower of 1.5% per month or the highest rate permitted by law, from the date the job was completed. Fix It People may also file a lien on client’s or owner’s property in accordance with applicable law.
(15) COLLECTION COSTS: If legal action is taken to collect unpaid funds, client agrees to pay all costs and expenses of collection, including reasonable attorney’s fees, court costs and filing fees.
(16) CHOICE OF LAW: Any disputes shall be governed in accordance with the laws of the state of Illinois.
(17) AUTHORIZATION AND ACCEPTANCE: By signing this invoice, signer represents that he/she is the property owner or, if not, is authorized by the property owner to authorize and accept the work outlined on the front of this invoice according to all of the terms included on this contract. Furthermore, by signing this invoice, signer represents that he/she, as the primary cardholder, has approved the additional signers to accept the work as completed according to all of the terms set forth in this contract. A facsimile signature is as valid as an original for the purposes hereof.
(18) INDEPENDENT CONTRACTORS: All reference to “Fix It People” is to the authorized franchisee set forth on the front of this invoice, who is an independent operator licensed to use the name from Fix It People. Fix It People shall not be liable for any actions of the Fix It People authorized franchisee or any employee, representative or agent of the Fix It People authorized franchisee.
(19) PERMITS, FEES AND CONDITIONS: Owner shall be responsible for securing and paying for all permits, fees, and licenses necessary for execution of the work.