TruPros Northeast, LLC
Terms of Service
TruPros Northeast, LLC (“TruPros”) is committed to making your total home services experience a positive one. You may seek an estimate of cost for an independent third-party service provider (“Third-Party Provider” or “Provider”) to perform electrical, plumbing, or heating and cooling services. TruPros will utilize the information you provide to estimate the cost of work (“Estimate”) to be performed. For complex or large jobs, TruPros may schedule an estimator to review the jobsite, and take measurements and photos, in order to better estimate the cost of work. You may request a Third-Party Provider of your choice, or request TruPros assign an TruPros-approved Third-Party Provider to perform the work. Larger or complex jobs may require several Third-Party Providers be assigned.
An Estimate is considered approved when you accept the written Estimate either by hand or electronically within 24-hours of issue (“Acceptance”). TruPros will only schedule Third-Party Providers upon Acceptance and based on service availability. TruPros will monitor the progress of work being performed throughout the project and provide feedback to you and the Third-Party Provider in order to help ensure the outcomes meet or exceed your expectation for safety and quality.
In addition to estimating and scheduling work for Third-Party Providers, TruPros provides a wide array of business support services, including billing, payment processing and customer support. Unless otherwise specified on the Estimate, you agree to pay TruPros 30% of the Estimate total upon Acceptance, 40% upon completion of rough work, and 30% (plus all change orders) upon completion of work or municipal inspection, whichever occurs earlier (“Payment Terms”). Payments not received in accordance with the Payment Terms shall be considered past due. Past due accounts will be charged an interest charge at the rate of 1.5% per month until the balance is paid in full. TruPros has the right to stop work if you have any invoices that become past due, including change orders. It is understood that TruPros may place builder’s lien upon the service location and no release of lien shall be signed unless all payments are paid in full.
Third-Party Providers will supply labor and material as specified in the Description and Task List (the “Scope of Work”) sections of an approved Estimate. An Estimate is considered approved when, you or the customer named on the Estimate (the “Customer”), accepts the Estimate electronically within twenty-four (24) hours of issue (“Acceptance”). The Estimate may be withdrawn by TruPros if not accepted by Customer within twenty-four (24) hours from date of issue. Upon Acceptance, any terms and conditions placed upon the approved Estimate, along with these Terms of Service, constitute a legal and binding contract between TruPros and the Customer (the “Agreement”).
Acceptance price shall remain in effect for a period of 15 days from the date of deposit (see Payment Terms Section below). Any work required after this date is not covered within the scope of the Estimate.
Errors in design by the Customer, the architect and/or engineer are not the responsibility of TruPros or Third-Party Providers.
All work areas must be free & clear of obstructions, unless otherwise specified. All work must be done with Customer, or designated representative present. At the Customer’s request, TruPros or Third-Party Providers may enter and work in a vacant home or facility, as long as the Customer or Customer’s representative has expressed written consent. Under no circumstances will Third-Party Providers work in a home where unsupervised minors under the age of 18 are present & unsupervised.
Work will be performed under the Agreement during normal business hours, from 7:00am to 3:30pm Monday- Friday.
YOU ACKNOWLEDGE THAT YOUR ABILITY TO REQUEST, AND IF APPLICABLE, OBTAIN BUILDING AND/OR REPAIR SERVICES FROM THIRD-PARTY PROVIDERS DOES NOT ESTABLISH TRUPROS AS A PROVIDER OF BUILDING AND/OR REPAIR SERVICES OR, MORE SPECIFICALLY, AS AN ELECTRICAL, PLUMBING OR HVAC CONTRACTOR.
YOU ACKNOWLEDGE THAT INDEPENDENT THIRD-PARTY PROVIDERS, INCLUDING THIRD-PARTY ELECTRICAL, PLUMBING AND HVAC PROFESSIONALS, ARE NOT ACTUAL AGENTS, APPARENT AGENTS, OSTENSIBLE AGENTS, OR EMPLOYEES OF TRUPROS IN ANY WAY.
YOU ALSO ACKNOWLEDGE THAT ANY QUALITY AND SAFETY RELATED EFFORT, FEATURE, PROCESS, POLICY, STANDARD OR OTHER EFFORT UNDERTAKEN BY TRUPROS IN THE INTEREST OF CUSTOMER AND PUBLIC SAFETY (WHETHER REQUIRED BY APPLICABLE REGULATIONS OR NOT) IS NOT AN INDICIA OF AN EMPLOYMENT, ACTUAL AGENCY, APPARENT AGENCY, OR OSTENSIBLE AGENCY RELATIONSHIP WITH AN INDEPENDENT THIRD-PARTY CONTRACTOR.
It is understood that TruPros may place mechanic’s lien upon the Customer’s property (as defined on the Estimate as “Service Location”) and no release of lien shall be signed unless all payments are paid in full. In the event Customer intends to sell and/or otherwise convey the Service Location to a third-party (“Buyer”), Customer must provide TruPros ten (10) days written advance notice of such intent, along with the Buyer’s legal name and full contact information. Customer agrees to provide Buyer written disclosure that TruPros has the right to place a lien upon the Service Location until all payments due under this Agreement are made in full. Customer will provide TruPros proof of receipt of such disclosure prior to closing and/or conveyance of Service Location.
Projects are not placed into TruPros’s schedule until Acceptance and if applicable, TruPros has received the first payment outlined in the Payment Terms.
PARTS, MATERIAL AND EQUIPMENT:
All parts, material and equipment shall be as warranted by the manufacturer and will be installed in a manner consistent with standard practices at this time. It is agreed that title to all material required (for the purpose of an approved Estimate) to remain the property of TruPros until paid in full. It is understood that TruPros and Third-Party Provider shall have the authorization to enter upon the Service Location for the purpose of repossessing material and equipment whether or not installed without liability to Customer for trespass or any other reason.
Unless otherwise stated on the Estimate, the Agreement does not include concrete, forming, painting, patching, trenching, core drilling, venting, drywall, plaster, wallpaper, wall coverings and sealing of roof penetrations. All waste created by Third-Party Provider will be removed to a specific area at the Service Location.
Any deviation, alteration or changes from the Scope of Work will be executed only on receipt of written and signed work order. Said charges shall in no way affect or make void the Agreement. Charges for changes or modification to the Agreement will be based on TruPros’ standard price card at the time of Change Order. Material shall be charged at TruPros’ list price.
NATIONAL AND LOCAL CODES:
All work shall meet applicable National, State and local trades and building codes. Any additional items, including but not limited to, outlets, wiring, piping, fixtures, ducts, vents, equipment, etc. not indicated on plans and specifications that are required by other (i.e., Inspectors) shall not be part of the Scope of Work and may be subject to additional charges.
FIXTURES AND EQUIPMENT SUPPLIED BY OTHERS:
Price includes the installation of fixtures furnished by others, if fixtures are on job at time of electrical trim out. Neither TruPros nor Third-Party Providers shall be responsible for fixtures and equipment supplied by others and losses due to theft, damage, vandalism, etc. are not the responsibility of TruPros. Fixtures and equipment must be stored by others.
Price does not cover:
The warranty of fixtures and equipment supplied by others.
The assembly of fixtures and/or equipment supplied by others.
Fixtures weighing more than fifty (50) pounds.
Equipment supplied by others (except fixtures according to conditions above) shall be installed by others.
Warranties shall apply exclusively to the installation of the material, fixtures, equipment, and other items installed by Third-Party Provider. Warranty is 90-days from installation date. Warranty or service will not be performed if any payments according to this proposal become past due including change orders.
TRUPROS SHALL NOT BE LIABLE:
For failure to perform if prevented by strikes, or other labor disputes, accidents, acts of God, governmental or municipal regulation or interference, shortages of labor or materials, delays in transportation, non-availability of the same from manufacturer or supplier, or other causes beyond TruPros’ control. In no event shall TruPros be liable for special or consequential damages whatsoever or however caused.
Customer will be in default if:
Any payment called for under the Payment Schedule in an Estimate, Work Order and all authorized change orders becomes past due.
Any written agreement made by the Customer is not promptly performed.
Any conditions warranted by the Customer prove to be untrue.
Failure of Customer to comply with any of the conditions of the Agreement.
In the event of Customer default, TruPros and Third-Party Providers may do any or all of the following:
Suspend the work and remove its material/equipment from the premises.
- Remove any Third-Party Provider supplied material/equipment, whether or not it has been installed and whether or not is has been placed in operation. In this regard, Customer agrees that TruPros and Third-Party Provider may enter upon Service Location for the purpose of repossessing such equipment without liability to TruPros for trespass or any other reason.
- Retain all monies paid hereunder, and bring any appropriate action in court to in collecting the balance of total value of the Agreement, regardless of the stage of completion of the work, and enforce its rights. Customer agrees to pay all costs and expenses, attorney’s fees, court costs, collection fees (including fees incurred in connection with appeals) incurred by TruPros and Third-Party Provider in enforcing its rights under this Agreement.
Third-Party Provider carries Worker’s Compensation and Professional Liability Insurance covering its work on this job. Customer will notify his/her insurance company of the commencement of work. Risk of loss due to fire, flood, windstorm, vandalism, or other casualty shall be upon the Customer.