Service Agreement

Chimneys Experts, LLC Work Agreement

This Work Agreement (“Agreement”) is made and entered into by and between Chimney Experts, LLC (“Company”) and the Client (“Client”), collectively referred to as the “Parties.”

1. Scope of Work

The Company agrees to provide services as described in the individual job estimates, which may include but are not limited to chimney rebuilds, repairs, flashing replacement, inspections, and cleaning services.

2. Compensation

The Client agrees to pay the Company the total amount specified in the individual job estimates. A 50% retainer is required upon signing this Agreement or at the delivery of materials to the work site. The remaining balance is due upon completion of the work.

3. Terms and Conditions

Certification and Insurance:

The Company is certified, insured, and licensed for all described work. Estimates reflect current costs and material availability and may change after 30 days.

Acceptance of Proposal:

Authorization is granted to formalize a contract to perform the described work for the specified amount, adhering to the terms therein. The listed terms and conditions are integral to this agreement, and the Client confirms their understanding and acceptance by signing.

Sole Contract:

The Client warrants they own the property where the work is to be done and are not bound by another contract for the same work. Any additions or deviations from the specified labor and materials will be performed only upon a written modification signed by both parties, including any additional costs.

Material Warranty Disclaimer:

The Client acknowledges that the Company is not the manufacturer of the materials used and does not offer any express or implied warranties on these materials. The only applicable warranties are those provided by the manufacturer, if any.

Five-Year Limited Labor Warranty:

Labor is warranted for five years from the agreement date, covering only workmanship deficiencies. This warranty does not cover material defects or damage caused by factors other than labor issues and is non-transferable.

Consequential Damages:

The Company disclaims any liability for consequential damages, including lost wages, profits, business, or property damage resulting from our work, except as otherwise required by law.

Subcontractors and Insurance:

The Company may subcontract parts of the work. The Client agrees to maintain sufficient homeowner’s insurance.

Commencement and Completion Dates:

The Company will begin work as soon as practical after the owner’s right to cancel expires and aims to complete it within a reasonable time. Any discussed completion dates are estimates only.

Payment and Fees:

Payment is due immediately upon substantial completion of the work but no later than seven days after. Unpaid balances will accrue interest at 1.5% per month or the maximum legal rate. The Company reserves the right to place a lien and report to credit bureaus if payment is not made within seven days.

Work Stoppage and Liquidated Damages:

If the Client cancels after the right to cancel expires or prevents work, they must pay 25% of the contract price as liquidated damages, plus retain the deposit and any additional lawful damages.

Mediation and Arbitration:

Disputes will be resolved through mediation and, if necessary, arbitration in Louisville, Kentucky. The Client waives the right to court proceedings, agreeing instead to AAA-administered arbitration. The Company may opt to sue for unpaid balances.

Miscellaneous:

This agreement constitutes the entire contract. Any modifications must be in writing and signed. The Client is responsible for communications through the email provided. If any part of the agreement is unenforceable, the remainder remains binding. The agreement will be construed under applicable federal or Kentucky law.

Limitations of Liability:

Price includes materials, labor, scaffolding, cleanup, and insurance. The Company is not responsible for pre-existing code or safety violations, latent defects, or issues beyond our control. Regular inspections are required to maintain warranty validity.

Chimney Caps:

The Company is not liable for chimney caps that become dislodged or damaged due to adverse weather conditions. If a chimney cap cannot be reinstalled correctly after removal due to improper prior installation, such as being caulked down, the Company does not guarantee that it will remain secured. The Company will only install chimney caps according to the manufacturer’s recommendations.

Scope and Limitations of Chimney Cleaning:

The Company uses a rotary cleaning method but offers additional methods not covered under the standard service, which may incur additional costs. The Company cannot guarantee complete removal of creosote and holds no liability for residual creosote.

Appointment Scheduling and Missed Appointments:

The Client understands that the Company operates on a tentative schedule due to the nature of the Services. While the Company will make every reasonable effort to arrive at scheduled appointments on time, the Client acknowledges that unforeseen circumstances including but not limited to delays on prior jobs, traffic conditions, equipment failures, and weather conditions, may affect the Company’s ability to keep scheduled appointments. In the event of a delay or missed appointment, the Company will make a reasonable effort to notify the Client as soon as possible and to reschedule the appointment at a mutually convenient time. The Company shall not be held responsible for any costs or damages incurred by the Client due to a delay or missed appointment.

Access to Property:

The Client hereby grants the Company and its employees, agents, and subcontractors the right to enter upon and have access to the Property at any reasonable time and on any day during the term of this Agreement, for the purpose of performing the Services.

Post-Completion Deterioration:

The Client acknowledges and agrees that the Company is only responsible for repairing the specific areas of the chimney and fireplace identified in the job estimate. The Company shall not be held responsible or liable for any deterioration, damage, or defects in other areas of the chimney or fireplace that were not part of the Services performed under this Agreement. The Client understands that the natural aging process, weather conditions, and other factors may cause other parts of the chimney or fireplace to deteriorate after the completion of the Services. The Company shall not be held liable for any claims, damages, or losses arising from such post-completion deterioration.

Client’s Responsibility for Chimney Maintenance:

The Client acknowledges and agrees that it is their responsibility to maintain their chimney and fireplace in accordance with the National Fire Protection Association (NFPA) 211 standards, including, but not limited to, having the chimney and fireplace regularly cleaned and inspected on an annual basis or more frequently as recommended by the NFPA 211 standards. The Company shall not be held responsible or liable for any damages, defects, or deterioration resulting from the Client’s failure to properly maintain their chimney and fireplace in compliance with the NFPA 211 standards. The Client agrees to hold the Company harmless from any claims, damages, or losses arising from their failure to adhere to the NFPA 211 standards for chimney and fireplace maintenance.

Protection from Threats and Demands:

The Client agrees to refrain from making any threats, demands, or engaging in any conduct, whether verbal or written, that is abusive, harassing, or coercive towards the Company, its officers, directors, employees, agents, or subcontractors. The Client acknowledges and agrees that any such behavior may result in the immediate termination of this Agreement and the Company’s cessation of any further Services. In such an event, the Client shall not be entitled to any refund or compensation for the Services already performed, and the Company reserves the right to seek appropriate legal remedies, including, but not limited to, damages or injunctive relief, for any harm or loss caused by the Client’s threatening, demanding, or abusive behavior.

Communication and Agreement by All Parties:

The Client agrees that all communication, decision-making, and approvals related to the Services shall involve all relevant parties, including the Client’s spouse or significant other, as applicable. The Client acknowledges and agrees that it is their responsibility to ensure that all such parties are informed and in agreement with the terms of this Agreement and the scope of the Services to be performed. The Company shall not be held responsible or liable for any disputes, disagreements, or issues arising from the Client’s failure to involve all relevant parties in the decision-making process, and the Company reserves the right to discontinue the Services in the event of unreasonable interference or persistent nagging from any party. In such an event, the Client shall not be entitled to any refund or compensation for the Services already performed, and the Client agrees to hold the Company harmless from any claims, damages, or losses resulting from such disputes or disagreements among the Client and other involved parties.