Value Maintenance Services
Terms of Service
Acknowledgment of Risks and Limitation of Liability
By using any of the services provided by Value Maintenance Services also known as ValueMaintenanceServices.com (hereinafter “Contractor”), the client (hereinafter “Customer”) acknowledges and accepts the inherent risks associated with the services performed at the Customer’s request. These risks may include, but are not limited to, those arising from the Contractor’s equipment, personnel, or the nature of the work itself.
The Customer releases and discharges the Contractor from liability, including liability arising from the Contractor’s negligence, for personal injury, property damage, or loss that may occur during the provision of services. However, this release does not extend to liability for gross negligence or intentional misconduct.
The Customer agrees to indemnify and hold harmless the Contractor from any claims or liabilities arising from the services performed, except in cases of gross negligence or intentional misconduct by the Contractor. The Customer acknowledges that the Contractor is not responsible for errors, omissions, or actions of third-party entities involved in the service. The Customer acknowledges that certain services may involve potential risks, including but not limited to, equipment-related hazards.
Site Conditions
A. If the Contractor requires access to adjacent properties, the Customer is responsible for obtaining permission and will indemnify the Contractor against claims arising from such access, except for damages caused by the Contractor’s negligence. B. The Customer is responsible for securing and protecting their property, including but not limited to furniture, fixtures, and personal belongings, during and after the work. The Customer will indemnify the Contractor against claims arising from their failure to do so, regarding items directly involved with the work being performed. C. If the Customer declines suggested service options and a failure occurs, the Contractor is not liable for the resulting issues.
Unforeseen Conditions
A. If concealed or unknown conditions are encountered that materially differ from those visually ascertained, the Customer agrees to accept responsibility and pay for necessary labor and materials, including repairs to the Contractor’s equipment. B. The Customer is responsible for unforeseen and concealed conditions beyond the Contractor’s control and will indemnify the Contractor against related claims and expenses. C. If a drain cleaning cable becomes stuck, the Contractor will make reasonable efforts to retrieve it. If retrieval is not possible, the Customer is responsible for removal and additional repairs. D. The Contractor is not responsible for damages directly caused by defective drain cleaning cable, provided there was no negligence in the install. E. The Contractor is not responsible for damage to toilets, P-traps, or fixtures caused by defective replacement parts manufactured by others. F. The Contractor will not clean drain or sewer lines through a roof vent if deemed unsafe. G. If a sewage spill is deemed hazardous material, the Customer is responsible for cleanup costs.
Payment
A. All work is performed at a fixed contract price, which includes materials, tax, and labor. B. Payment is due upon completion of the work, unless otherwise specified in writing. C. Payment for services is a condition precedent to the Contractor continuing work. Failure to pay may result in termination of work, in which case the Contractor is entitled to reasonable expenses, including labor, materials, overhead, and profit, as allowed by law. All warranties will be void upon non-payment.
Services Not Covered
The Contractor’s scope of work is limited to that specified in the work order or in a separate written agreement. Any warranties or guarantees provided will be expressly stated in writing on the invoice and are subject to limitations based on the services rendered and applicable circumstances.
Scope of Agreement
This agreement represents the entire agreement between the Customer and Contractor and supersedes all prior agreements. Amendments must be in writing and accepted by both parties.
Definitions
A. “Contractor” refers to Value Maintenance Services, ValueMaintenanceServices.com, its owners, subcontractors, and representatives.
B. “Customer” refers to the person or entity receiving the Contractor’s services.