Jobber Terms and Service Agreement
SCOPE OF “WORK” TO BE PERFORMED agreed upon in Jobber Quote.
COMPLETION OF THE WORK SHALL BE BILLED AS agreed upon in Jobber Quote.
INITIAL DEPOSIT – as agreed upon in Jobber Quote – IS DUE BEFORE COMMENCEMENT OF WORK.
1. Wheatley Creek Services (WCS) shall invoice Clients as outlined in Jobber Quote. Payment is due to WCS pursuant to Invoices submitted to Client. Such Invoices shall be incorporated into and made a part of this Agreement. Upon default of any payment due, default interest shall accrue at 35% per annum until cured. Additionally, WCS reserves the right to cease all Work until such cure is made.
2. The anticipated commencement date and estimated date of completion can be viewed in the Jobber Quote, which is conditioned upon delays caused by weather, adverse site conditions, hazardous conditions, concealed conditions, mold, termites, existing structural damage, existing building code violations, product availability problems, limitations of access, acts of God, delays caused by Client and/or other reasons not under the control of WCS.
3. The nature of the Work and any estimate as to costs are based on conversations and any walk-throughs completed by WCS and the Client. WCS has taken reasonable measures to describe and estimate the Work, but WCS cannot guarantee a final price and/or completion date due to the possibility of unforeseen complications (as described in paragraph 2 above). The Client hereby acknowledges and agrees that any such unforeseen complications may increase the final price of and/or delay the Work. In the event that unforeseen complications are discovered, WCS will cease the Work and draft a Change Order listing any additionally required materials, labor, time and associated costs. Such executed Change Orders shall be incorporated into and made a part of this Agreement.
4. Client is responsible for procuring any permits or approvals required for the completion of the Work. This includes any zoning changes or changes to applicable covenants or local building guidelines. WCS shall be responsible for any professional licensing required for the execution of the Work.
5. With regard to new construction only, WCS provides a limited warranty on all WCS’s and its subcontractor’s supplied labor and new materials for a period of one year following substantial completion of the Work. Warranty claims must be in writing to WCS and made during the warranty period. This one-year period for correction work shall not be extended by corrective work. WCS’s warranty does not cover materials, appliances and/or equipment that are covered by a manufacturer’s warranty, except with regard to installations completed or caused by WCS. WCS’s warranty does not cover materials provided or work completed or caused to be completed directly by Client. Repair of the following items is specifically excluded from WCS’s warranty: damages resulting from lack of Client maintenance; damages resulting
from Client abuse and/or ordinary wear and tear; deviations that arise, such as the minor cracking of concrete, stucco, and plaster; minor stress fractures in drywall due to the curing of lumber; warping and deflection of wood; shrinking/cracking of grouts and caulking, fading of paints and finishes exposed to sunlight or moisture; and/or the use of materials or work directed by Client against WCS’s recommendation.
THE EXPRESS WARRANTIES CONTAINED HEREIN ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, HABITABILITY, OR FITNESS FOR A PARTICULAR USE OR PURPOSE. THIS LIMITED WARRANTY LIMITS THE DURATION OF IMPLIED WARRANTIES TO THE FULLEST EXTENT PERMISSIBLE UNDER STATE AND FEDERAL LAW. Client acknowledges and agrees that WCS provides no warranty for cleaning services and no builder’s risk insurance coverage for the Work; Client is advised to speak directly with Client’s insurance agent about coverages available to Client.
6. Client hereby waives claims against WCS for consequential and punitive damages arising out of or relating to this Agreement. This waiver includes, but is not limited to, damages incurred by Client for rental expenses, losses of use, income, profit, financing, including extension fees and increases in interest.
7. This Agreement sets forth the entire agreement between the parties. Any and all prior agreements, warranties or representations made by either party are superseded by this Agreement. All changes in this Agreement shall be made by a separate document executed by the parties. In the event WCS retains the services of an attorney in order to enforce this Agreement, WCS shall be entitled to immediate reimbursement from Client of all costs incurred as a result, including reasonable prejudgment and post judgment attorney’s fees. All other legal remedies are hereby reserved. This Agreement shall be governed by the laws of Colorado.
By signing the Jobber Quote, the Client confirms acceptance of this Agreement. Thank you.
THIS PROPOSAL MAY BE WITHDRAWN, AT WCS’s SOLE DISCRETION, AT ANY TIME UNLESS FIRST ACCEPTED. THIS PROPOSAL WILL TERMINATE A YEAR FOLLOWING WORK COMPLETION, UNLESS PREVIOUSLY WITHDRAWN OR ACCEPTED.
ACCEPTANCE OF PROPOSAL: THE RATES QUOTED IN THE JOBBER QUOTE, SPECIFICATIONS, AND TERMS AND CONDITIONS ARE SATISFACTORY AND ARE HEREBY ACCEPTED BY SIGNING THE JOBBER QUOTE. WCS IS AUTHORIZED TO DO THE WORK AS SPECIFIED. PAYMENT WILL BE MADE AS OUTLINED IN THE JOBBER QUOTE. BY SIGNING JOBBER QUOTE, CLIENT IS AUTHORIZED TO ENTER INTO THIS AGREEMENT.
ADDITIONAL TERMS AND NOTES FOR CLEANING PROJECTS:
1. Client acknowledges that existing scratches and other damages to surfaces may be difficult, if not impossible, to see before cleaning occurs. Accordingly, Client agrees that WCS is not responsible for any scratches and/or damages unless there is no doubt that WCS caused the same.
2. A starter supply of expendable supplies such as paper goods and soap are included in cleaning costs; any additional supplies should be provided by the Client and/or the owner of the property (if different). Housekeeping is not provided during guest stays unless previously arranged. For vacation rentals, failure of guests to comply with pre-departure cleaning requirements may result in an additional $125/hour, with a one-hour minimum.
3. Excess cleaning fees may be charged for situations where our team must spend more time cleaning a property. Those type of situations could be excessive dishes, trash, bodily fluids, stains, damages, mud, glitter, confetti, etc. Before any excessive cleaning work is done, we’ll contact the Client to discuss the situation. We will also try to take pictures to document the situation.
4. As good measure, we recommend posting cleaning guidelines for guests. Consider these suggestions:
a. Place soiled towels in the bathtub.
b. All dirty dishes, cookware and eating utensils should be washed, rinsed, dried and put away in the proper location.
c. Floors should be in generally good condition and ready to be vacuumed by our housekeepers.
d. All household trash, garbage, recycling and other discarded items should be properly bagged so as to avoid spillage and leakage. If doable, deposit bagged trash in proper containers provided.
e. Refrigerator and microwave should be left clean.
f. All appliances (stove, oven, BBQ grill, etc.) should be left in a clean condition and free of spills and grease.
g. Wipe down counters and surfaces of debris.
h. Try not to leave any pet hair in the home! Duct tape works great on furniture.
i. GLITTER AND CONFETTI ARE NOT ALLOWED AT ANY PROPERTY, INSIDE OR OUTSIDE.
etc…
ADDITIONAL TERMS AND NOTES FOR WINDOW CLEANING PROJECTS:
1. Jobber Quotes are for routine cleanings and do not include extra scraping, extreme ladder work, or other obstacles.
2. Quoted price includes interior and exterior window cleaning, including wiping the edges of all windows and the sills.
3. Price is based on $195 minimum.
4. Jobber Quote is based on average size windows and accuracy of window count. Price confirmed upon visual inspection.
5. Price does NOT include post-construction or renovation cleaning.
6. If Jobber Quote is for a partial job (not the entire house), please call us as pricing is different for partial jobs.
Effective as of January 01, 2022.
Last Updated: August 28, 2024