Service Terms, Warranty & Liability

1. Acceptance & Definitions

Requesting an estimate, authorizing work, scheduling, or paying constitutes full acceptance. “Services” = labor we perform; “Products” = goods/materials supplied; “Authorized Provider” = our technician, subsidiary, affiliate, or a licensed independent contractor/subcontractor we engage; “Project” = the specific work in your estimate/work order.

2. Multi-State Operation & Governing Law

We operate in multiple states. These terms are governed by the law of the state where the Service is performed, except the Federal Arbitration Act governs §20. Where a mandatory, non-waivable consumer-protection law of your state conflicts with any term, that law applies to the minimum extent required and the remainder stays in full effect. State-specific rights appear in §23.

3. Who Performs Your Work

Work may be performed by an Authorized Provider. Where an Authorized Provider performs the work: (a) it is responsible for the performance and workmanship of that work; (b) the service warranty and the processing/collection of payment for it may be handled by that provider; and (c) Texas Service Experts remains your single point of accountability for proper completion (§4). Authorized Providers are independent contractors, not our agents or employees; we are not vicariously liable for their independent acts beyond §4 and the limit in §14.

4. Our Commitment

Regardless of who performs the work, we ensure the Project is completed correctly, to your reasonable satisfaction and final sign-off, and we manage any registered warranty claim on your behalf.

5. Estimates, Pricing & Change Orders

Estimates reflect conditions visible at inspection and are valid 30 days. Chimneys, fireplaces, venting, ductwork, and masonry frequently contain latent or concealed conditions not visible until work begins; if added scope is required we will notify you and obtain approval before proceeding, and pricing may adjust. Any scope change must be approved by you before that work is performed.

6. Payment

Payment is due per your estimate/invoice; where an Authorized Provider performs the work, payment may be processed by that provider. Past-due balances may accrue interest at the maximum lawful rate and be referred for collection, with reasonable collection/attorney costs borne by you where permitted. Warranty coverage is contingent on payment in full.

6A. Deposits, Progress Payments & Cancellation of Work in Progress

(a) Deposits secure your schedule slot and fund initial materials, special orders, and mobilization; they are non-refundable once we have ordered materials, scheduled crews, or begun work, except where a refund is required by your state’s law.

(b) Multi-day / phased work is billed as a deposit plus balance on completion, or in progress payments per your estimate; each progress payment is due as its phase completes. You may not withhold the balance or final payment for work performed.

(c) Cancellation after work begins. If you cancel, suspend, or prevent completion after work has begun or materials were ordered/prepared, you remain responsible — at a minimum — for: (i) labor and crew time expended, incl. travel, mobilization, demobilization; (ii) equipment committed; (iii) materials, consumables, and supplies purchased, used, prepared, or specially ordered, whether or not installed; (iv) custom-fabricated or special-order items, non-refundable once ordered; (v) restocking, cancellation, or third-party charges we incur; and (vi) the reasonable value of work performed to that point. This is a minimum; where your state’s law permits, we may also recover remaining contract value or lost profit. Where a state limits any part of this Section, that limit applies only to the minimum extent required and the remainder stays in effect.

(d) Custom & special-order items are non-returnable and non-refundable once ordered or production begins, to the extent permitted by law.

(e) No setoff for completed and accepted work; disputes go to §15/§20.

7. Right to Cancel; Authorization for Immediate Service

(a) Cooling-off notice. For Services solicited and sold at your home (not where you first contacted us), federal (FTC 16 C.F.R. Part 429) and some state law may give you the right to cancel within three (3) business days by written notice; the signed work order includes the required Notice of Cancellation where this applies. This right cancels the *agreement* — it does not entitle you to a refund for Services already performed at your request and accepted (subsection (c)).

(b) Authorization for immediate performance. If you ask us to begin or complete Service within the 3-day period, you authorize immediate performance and waive the 3-day cancellation right as to work actually performed, to the extent permitted by law (an emergency/immediate-performance authorization is captured on your signed work order). Services such as cleaning, sweeping, inspection, and one-time maintenance, once performed, cannot be returned or undone.

(c) Performed Services are final. Fees for Services performed and consumed — cleaning/sweeping, inspections, diagnostics, one-time maintenance — are earned upon completion and non-refundable once rendered and approved (§7A). Condition is verified and approved at completion; your subsequent use, normal re-soiling/re-accumulation, or later failure to inspect is not a defect and is not a basis for cancellation, chargeback, or refund. Quality concerns go exclusively to §8 and §20.

7A. Completion, Acceptance & Sign-Off

Upon completion you may inspect the work. Your sign-off, payment, or use of the Service constitutes acceptance and confirmation of satisfactory completion. Any concern must be raised at completion or promptly in writing under the warranty/dispute process. Chargebacks: because the work was performed and accepted, you agree to pursue the §20 process before any payment dispute; a chargeback or payment reversal for accepted work is a breach of contract, and you are liable for the disputed amount plus our reasonable costs and fees of responding. (This does not purport to waive any non-waivable billing-error right under the Fair Credit Billing Act.)

8. Workmanship Warranty

We warrant our installation workmanship against defects for 12 months from completion, under normal use and proper maintenance. Our sole obligation, and your exclusive remedy, is — at our option — to repair or re-perform the defective workmanship. Non-transferable; original Customer and address only. Contingent on payment in full and on your notice-and-cure under §20.

9. Product & Manufacturer Warranties (Custom Caps & Manufactured Items)

Manufactured Products — such as chimney caps, HVAC and heating/cooling equipment and components, dampers, liners, inserts, and parts carry the manufacturer’s warranty, not ours — typically one (1) year standard or up to five (5) years extended, per the manufacturer’s terms. Texas Service Experts facilitates logistics (measurement, ordering, replacement scheduling, claim filing, paperwork) as a convenience, but the manufacturer is the warranty provider of record for the Product. We pass through all applicable manufacturer warranties and make no independent warranty on Products beyond the manufacturer’s. Nothing here limits your rights under the federal Magnuson-Moss Warranty Act or your state’s UCC.

10. What Is NOT Covered

Our warranties cover workmanship and materials under normal use only. They do not cover, and we are not liable for: acts of nature (hail, wind, storms, lightning, flood, freeze, seismic); animal/wildlife damage; third-party or unrelated work (e.g., a roofer, builder, or remodeler dislodging or damaging an installation during a separate job); cosmetic, impact, or post-installation damage after a completed, approved install; pre-existing conditions (deterioration, code violations, structural movement); misuse, neglect, or lack of maintenance (overfiring, improper fuel, missed cleanings/inspections); unauthorized modification or repair by others after our work; normal wear, weathering, settling, efflorescence, and natural material variation; and customer-supplied materials.

11. Combustion, Carbon Monoxide & Safety Acknowledgment

Chimneys, fireplaces, heating systems, and venting involve fire, fuel, and combustion byproducts including carbon monoxide (CO). You are responsible for maintaining working smoke and CO detectors, for proper operation and fuel, and for scheduling recommended inspections. We are not liable for CO exposure, fire, smoke, or combustion events arising from your appliance, fuel, usage, ventilation, or failure to maintain detectors, or from conditions outside the scope of work we performed. We may red-tag and decline to operate or certify any system we deem unsafe.

12. Existing Structures, Latent Defects & Hazardous Materials

Older homes, chimneys, and vents may have hidden defects or code deficiencies we cannot detect in advance; we are not responsible for pre-existing conditions or damage resulting from them. We may photo-document conditions before and after work. If we encounter hazardous materials (asbestos, mold, lead, creosote glaze hazards) or unsafe conditions we may stop work; remediation is not included and is your responsibility.

13. Customer Responsibilities

You agree to: provide safe, timely access; disclose known defects and prior repairs; secure pets, vehicles, and valuables; obtain any HOA approvals; maintain detectors (§11); and follow all care/maintenance instructions. Permits are handled as stated in your estimate.

14. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY THE LAW OF THE APPLICABLE STATE, Texas Service Experts’S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THE PROJECT IS LIMITED TO THE AMOUNT YOU PAID FOR THE SPECIFIC PROJECT THAT GAVE RISE TO THE CLAIM.Example: a $100 repair that incidentally affects adjacent existing work caps our liability at that $100 project value.WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOSS OF USE OR DAMAGE TO PRE-EXISTING OR ADJACENT STRUCTURES BEYOND THE PROJECT VALUE. If you require assurance beyond the value of the work, decline the Service before it begins; proceeding confirms your acceptance of this allocation of risk. Carve-out (required for enforceability): nothing in this Section limits liability for bodily injury, death, gross negligence, willful misconduct, or fraud, or any liability that cannot be limited under applicable law. Where a state bars capping liability for a contractor’s own negligent property damage, the cap applies to the maximum extent that state allows and our liability insurance responds to the balance.

15. DISCLAIMER OF WARRANTIES

FOR SERVICES: except for the express warranty in §8, Services are provided “AS IS” and we disclaim all other warranties, express or implied, including MERCHANTABILITY and FITNESS FOR A PARTICULAR PURPOSE, to the fullest extent permitted by law. FOR PRODUCTS: consistent with the Magnuson-Moss Warranty Act, we do not disclaim implied warranties on Products covered by a written warranty; instead, any implied warranty on a Product is limited in duration to the period of the applicable written/manufacturer warranty (§9), to the extent your state allows. We do not guarantee specific performance outcomes (draft, efficiency, full elimination of odor/moisture) where results depend on the structure, usage, or environment. Some states do not allow certain disclaimers or limits, so parts of §14–§15 may not apply to you.

16. Indemnification

You agree to hold harmless Texas Service Experts, its subsidiaries, and Authorized Providers from claims arising from your misuse, failure to maintain, undisclosed conditions, or the acts of third parties not engaged by us — except to the extent caused by our own gross negligence or willful misconduct, and to the extent permitted by your state’s law.

17. Insurance, Licensing & Lien Rights

Texas Service Experts and its Authorized Providers carry the licensing and insurance required in each jurisdiction served; proof available on request. You acknowledge our statutory right to file a mechanic’s/materialman’s lien for unpaid amounts; required pre-lien notices are governed by your state’s law.

18. Communications & Electronic Records Consent

By providing your phone/email you consent to receive service, scheduling, and account communications. Marketing calls/texts (TCPA): any automated or pre-recorded marketing calls or texts are sent only with your prior express written consent, are not a condition of purchase, and you may opt out anytime (reply STOP / tell us); we honor Do-Not-Call requests. You consent to electronic signatures and records (E-SIGN/UETA) for this agreement and related documents.

19. Photo & Project Media

We may photograph completed work and use de-identified images of the work (not you or interior personal details) for portfolio, training, and marketing, unless you opt out in writing.

20. DISPUTE RESOLUTION — NOTICE, ARBITRATION & CLASS-ACTION WAIVER

Please read — this affects how disputes are resolved.

(a) Notice & cure. Before filing any claim, you must give us written notice and 30 days to cure.

(b) Binding individual arbitration. Any dispute not resolved is settled by binding arbitration under the Federal Arbitration Act and the AAA Consumer Arbitration Rules (or JAMS), seated in your county/state of residence; we will pay arbitration filing/administrative fees beyond the cost of a court filing so the forum is affordable.

(c) JURY-TRIAL & CLASS WAIVER.YOU AND WE WAIVE ANY RIGHT TO A JURY TRIAL AND TO BRING OR PARTICIPATE IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. Claims are arbitrated only on an individual basis.

(d) Mass-arbitration batching. If 25+ similar demands are filed by the same or coordinated counsel, the cases will be batched and resolved in staged bellwether arbitrations to control cost; limitations periods are tolled for unbatched cases.

(e) Small-claims carve-out. Either party may instead bring an individual claim in small-claims court.

(f) 30-day opt-out. You may reject this §20 by written notice within 30 days of first accepting these terms, without affecting the rest of the agreement.

21. Limitation of Actions

To the extent permitted by your state’s law, any claim must be brought within one (1) year after the work is completed, or it is permanently barred. (Statutory construction-defect repose periods, where longer and non-waivable, control.)

22. Cancellation, Refusal, Force Majeure & Assignment

Either party may cancel/reschedule with reasonable notice. We may decline or discontinue any job we deem unsafe, misrepresented, or out of scope. Neither party is liable for delays beyond its reasonable control (force majeure). We may assign or subcontract; you may not assign without our consent.

23. State-Specific Provisions

Residents of certain states have additional non-waivable rights that prevail over any conflicting term above (e.g., California cancellation/CLRA notices, home-solicitation rules, and any state caps on liability limitations or limitation-of-actions periods). A state-specific addendum is provided where required by the state of service. [Add CA / [other operating states] addenda before launch.]

24. General

If any provision is unenforceable in your state, it is reformed to the maximum enforceable extent (and otherwise severed) while the remainder stays in effect. These terms plus your signed estimate/work order are the entire agreement; if they conflict, the signed work order controls for Project-specific terms and this policy controls for legal terms. §§8–21 and §24 survive completion or termination. We may update these terms; the version in effect on your service date applies. Headings are for convenience only.