CUSTOMER PRODUCT AND SERVICE AGREEMENT
This Product and Service Agreement (the “Agreement”) is entered into as set forth below by and between Fixit Handyman LLC, DBA Fixit Remodeling (“Company”) and the undersigned customer(s) (collectively, “Customer”), as follows:
1) Labor Only Quote - If you received a labor only quote, this means we are charging for only the labor portion of the project.
When we finish, the cost of the materials we purchased will be added onto the final invoice.
2) Budgeted Items – If there is an allotment for any item in the quote it is considered a budgeted item. Budgets can be
exchanged from one item to another. If you'd like to spend more on the budgeted items just cover the difference in cost
on top before we place the order.
3) Material, Color and Style Matching - Fixit Remodeling does not provide material matching or style matching services. We
may try to match as requested however, our solution may match closely or may not match at all.
4) Start Date - The scheduling date is a rough estimate and may change. If we need to push it back, we will call with the new estimated start date.
5) Completion Time - Our estimated completion time on your project is just an estimate. Completion time may
extend if we face unpredictable or extenuating circumstances.
6) Unexpected Issues - We may run into unexpected issues or hang-ups that are out of our control or ability to accurately
predict. In the event of a hang-up, we'll create an invoice to reflect the additional work. We charge for this invoice
immediately and correct the issue before proceeding with the original project.
7) Additional Requests - If you would like to add any projects that are outside of the original scope, we will create an invoice
for labor and materials then charge the full amount for the additional request immediately upon approval.
8) Billing Schedule - Depending on the size of the project we may ask for payment in a 50/50 or 50/30/20 dispersment. The final balance
will be due upon completion unless we are waiting for orders that are outside of our control. If we are waiting on orders to
substantially complete your project, we will bill the final amount on your invoice and schedule to come back when those
items or orders arrive.
9) Cancellation/ Change Order - Any deposit paid is not refundable. Should Client or project owner (the “End-Purchaser”), at
any time, desire to change the product or service specified in the Quotation, Client shall remain responsible to Company
for the difference in price between the products, any new template necessary for new products, any incremental cost of
installation and/or removal attributable to the change.
10) Representations and Warranties of Client - Client represents and warrants to Company that (i) Client has authority to act
on behalf of the End-Purchaser; (ii) homeowner’s insurance policy covering the location of the job site is currently in
effect; and (iii) the information provided to Company regarding the identity of the End-Purchaser, the location of the job
site, as stated in the Quote is accurate. Client shall immediately notify the Company of any changes to Client’s
representations as stated above. Client acknowledges and agrees that Company has relied on Client’s representations in
agreeing to entering into this Agreement.
CLIENT HEREBY AGREES TO INDEMNIFY, DEFEND, AND HOLD HARMLESS COMPANY, ITS DIRECTORS, OFFICERS,
EMPLOYEES, AND AGENTS FROM AND AGAINST ALL CLAIMS, LOSSES LIABILITIES, JUDGMENTS, DAMAGES, COSTS,
EXPENSES, DEMANDS, AND SUITS (INCLUDING REASONABLE ATTORNEY’S FEES), ARISING OUT OF OR RELATED TO, OR
ALLEGED TO ARISE OUT OF OR BE RELATED TO THE PERFORMANCE, CONDITION, OR EXISTENCE OF THE PERFORMANCE
UNDER THIS AGREEMENT, PROVIDED THAT SUCH CLAIM, DAMAGE, LOSS, OR EXPENSE IS ATTRIBUTABLE TO BODILY
INJURY, SICKNESS, DISEASE, OR DEATH, OR TO INJURY OR DESTRUCTION OF REAL OR TANGIBLE PERSONAL PROPERTY, BUT
ONLY TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OF CLIENT, ITS CONTRACTORS AND/OR
SUBCONTRACTORS, OR ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY THEM OR FOR WHOSE ACTS THEY MAY BE
11) Limited Warranty and Liability - COMPANY HEREBY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE AND ANY AND ALL EXPRESS WARRANTIES MADE BY ANY PARTY, EXCEPT THOSE
SPECIFIED HEREIN. IN NO EVENT SHALL COMPANY BE LIABLE FOR SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES,
NOR SHALL COMPANY’S LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT EXCEED THE TOTAL AMOUNT ACTUALLY
PAID BY CLIENT TO COMPANY PURSUANT HERETO. COMPANY HEREBY PROVIDES A ONE (1) YEAR LIMITED WARRANTY FOR
ITS WORKMANSHIP ON THE WORK DONE HEREUNDER. THIS WARRANTY COVERS WORKMANSHIP OF INSTALLATION.
INHERENT CHARACTERISTICS ARE NOT DEFECTS. THIS WARRANTY SHALL NOT COVER THOSE FAILURES WHICH ARISE FROM
ANY PHYSICAL OR CHEMICAL ABUSE, STAINING, IMPROPER MAINTENANCE, COMMERCIAL APPLICATIONS OR EXCESSIVE
HEAT OR FROM ANY SETTLING OCCURRING TO THE RESIDENCE IN WHICH THE PRODUCT HAS BEEN INSTALLED. THE
COMPANY HAS NO CONTROL OVER THE VARIATION IN VEINING AND COLOR OF THE PRODUCT. PRODUCT INSTALLED IS
SUBJECT TO IRREGULARITIES IN COLOR, GRAIN, VEIN MOVEMENT, AND TEXTURE. THIS WARRANTY IS AVAILABLE ONLY TO
THE OWNER OF THE SINGLE-FAMILY RESIDENCE OF WHICH THE PRODUCT IS ORIGINALLY INSTALLED.
12) Specific Right - Company’s obligation under the (1) year warranty is limited solely to the repair of the failed product or
service. Such repair, however, shall not include the performance of any other repairs or modifications that may be
necessary to achieve the actual repair or replacement of the failed product or service, including, but not limited to any
electrical, tiling, wall modifications/repairs, and plumbing. All other repairs and modifications shall be the responsibility of
13) Governing Law - This agreement shall be governed by and constructed in accordance with the laws of the state in which
the work under this agreement is to be performed, without regard to the principles of conflict of laws.
14) Entire Agreement - The Quote/ Invoice and this Product and Service Agreement (collectively, the “Agreement”) together
constitute the entire agreement between Client and Company with respect to the subject matter contained herein, and
supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written
and oral, with respect to such subject matter. This Agreement may be superseded or modified only in writings including
without limitations, addenda executed by both parties, approvals and authorizations signed by Customer, and by invoices
issued by Company, in each case with the later executed document to control as to any inconsistencies.
Read this contract carefully. Ask any questions before signing or paying your invoice. Your signature or invoice payment acknowledges you understand the contract, believe it is fair and reasonable, and further agree to pay all fees provided under the terms of this Agreement.