Electrical Contract

These are First Choice Electric, LLC, ("the Contractor" "we" "our" "us") standard Terms and Conditions which will apply to every contract when the Customer ("you" "user") engages us, the Contractor, to perform services. We may also need to supply the product(s) when providing our services. The Contractor reserves the right to amend these Terms and Conditions from time to time at their discretion. Any changes in such revision take immediate effect.

ENGAGEMENT
The Contractor represents and warrants that the Contractor has all the necessary skills, knowledge, experience, and expertise to perform the services and perform the Service competently and adequately. The Contractor holds all necessary licenses, insurances, and permits required to allow the Contractor to perform the services. Where there are any applicable industry standards and codes, the Contractor will always comply with them. Additionally, the Contractor will be responsible for obtaining necessary Electrical Work approval permits from requisite Government authorities. The Contractor and all the Contractor's employees and permitted sub-contractors are appropriately qualified, experienced, licensed (where applicable), and competent to perform and perform the Service according to the required standards and codes.

The Customer is responsible for acquiring necessary consent from Government and other authorities – including any customer internal authority, regarding environmental approvals, land use, rights of way, etc. Where any manuals or drawings are required for the Customer to enjoy or use the services or as a legal requirement, the Contractor will provide these to the Customer as hard copy and or electronic form as the Customer may reasonably require and for no additional fee. Where the Customer requires additional copies or replacement copies, the Contractor may charge additional fees for providing extra or replacement manuals or drawings. If an event occurs that is beyond the reasonable control of the Contractor, which prevents the Contractor from performing the Service on or by the date agreed, the Contractor will immediately notify the Customer and give an estimate of the time for completion of the Service. The Contractor will make all reasonable efforts to minimize any inconvenience to the Customer.

The Contractor will provide all equipment and materials necessary to efficiently and adequately perform the Service. Unless otherwise agreed in writing, all materials, including products supplied, will be new and of high quality fit for their purpose. All Contractor equipment will be safe for use, be properly maintained, and capable of being used to carry out the Service. If the Customer requires a variation to the Service, the Contractor will provide a quotation for performing the Service as varied, for which an additional sum will be added to the price if accepted by the Customer. If the Customer does not accept the quotation, the Contractor is not obliged to carry out the variation. Customer acceptance of the variation will be by means of either issuing a purchase order referencing the variation quotation or by signing and stating the Customer's Agreement to the quote and returning it to the Contractor. The Contractor will not undertake any requested variation until and after the written Agreement as detailed above is provided.

The Contractor may use sub-contractors to provide some of the services. In such circumstances, the Contractor will ensure that:
(1) the sub-contractors so engaged are suitably qualified, hold all necessary licenses, and are otherwise able to perform the Service professionally and adequately; and
(2) the sub-contractors so engaged, do not by act or omission do or not do anything that would, if done or not done by the Contractor be a breach any of these terms; and
(3) the sub-contractors so engaged have current or necessary insurances. The Contractor is solely responsible for all fees payable to sub-contractors.

ESTIMATES & ACCEPTANCE:

Estimate Validity: All estimates provided by the Contractor are valid for fifteen (15) days from the date they are sent for approval. If the Customer does not accept the estimate within that time, it may expire, and the Contractor reserves the right to issue a revised estimate subject to changes in pricing or scope.

Acceptance of Estimates and Invoices: Accepting an Estimate or Invoice verbally, by email, by signing, or by using our online “Accept” option additionally constitutes acceptance of our Terms and Conditions. Terms and Conditions are linked at the bottom of every estimate and invoice or on our website at.

Deposits on Large Projects: All projects over $1,000.00 are subject to a minimum deposit of 35%. This deposit is due prior to the commencement of work.

CANCELLATION POST ENGAGEMENT:
In the event that the Customer cancels the engagement of the Contractor after acceptance, the following cancellation fees will apply based on the stage of project completion:

Before commencement: 10% of the total estimate amount.
Up to 25% completion: 25% of the total estimate amount.
26% to 50% completion: 50% of the total estimate amount.
51% to 75% completion: 75% of the total estimate amount.
Beyond 76% completion: 100% of the total estimate amount.

The percentage of project completion will be determined by the Contractor based on the work performed and costs incurred. Any additional costs arising from the cancellation will be billed to the Customer.

SERVICE REMOVAL POST-ESTIMATE ACCEPTANCE:
Should the Customer wish to remove services post-acceptance of an estimate, a written notice must be provided to the Contractor. The removal fees will be applied as follows based on the notice given:

7 days or more prior to service commencement: 10% of the total estimate amount.
3 to 6 days prior to service commencement: 20% of the total estimate amount.
1 to 2 days prior to service commencement: 30% of the total estimate amount.
Within 24 hours prior to service commencement: 50% of the total estimate amount.

Any additional costs incurred by the Contractor due to the service removal will be billed to the Customer. All previously paid amounts are non-refundable.

APPOINTMENT CANCELLATIONS:
A cancellation “at the time of” or under 24 hours of any scheduled appointment will result in an $89 fee. If the appointment is rescheduled within this time frame, any subsequent cancellation will also result in an $89 fee. Additionally, if any materials have already been purchased for said project, a 15% restocking fee may apply.

ACCEPTANCE OF TERMS AND CONDITIONS
Any action by the Customer or those legally authorized to act on the Customer's behalf, such as requesting the Contractor to commence providing services or supplying materials, constitutes acceptance of these Terms and Conditions. Once accepted, these Terms and Conditions are binding and may only be amended with the written consent of the Contractor. In cases where more than one party acts as a Customer, all parties shall be jointly liable for compliance with these Terms and Conditions. If the Customer cancels the engagement of the Contractor after acceptance, the Customer agrees to be responsible for any reasonable costs incurred by the Contractor in connection with the provision of services and/or products up to the point of cancellation. These costs may include, but are not limited to, restocking fees, non-recoverable freight charges, permit and approval costs, design and drafting expenses, and labor.

CUSTOMER RESPONSIBILITIES
The Customer agrees to provide the Contractor with all necessary information, access, and assistance reasonably required for the Contractor to perform the Service in a timely and efficient manner. This may include, but is not limited to, providing accurate and complete information, granting access to the Customer's premises or facilities, and ensuring the safety and security of the Contractor's personnel while on the Customer's premises. The Customer also agrees to promptly notify the Contractor of any changes or circumstances that may affect the Contractor's ability to perform the Service in accordance with these Terms and Conditions.

The Customer is responsible for ensuring their authorization to occupy the premises where the Service is performed and for obtaining the Service. The Customer must ensure that the premises and facilities provided for the Service are safe at all times. The Customer is responsible for providing the Contractor with reasonable access to potable water for drinking and hygiene purposes.

The Customer must grant the Contractor free and unobstructed access to the Service location, ensuring that the Contractor is not delayed by matters within the Customer's control.

The Customer acknowledges that the Contractor reserves the right to impose stand-down charges and recover additional costs if work is delayed for reasons beyond the Contractor's control, and rescheduling services is not feasible. The Contractor is committed to employing safe and proper procedures and practices, ensuring that all employees are professionally trained, supervised, and adhere to appropriate safety practices.

The Contractor will provide necessary protective equipment, materials, or clothing, ensuring their use at relevant times. The Contractor will maintain current Workers Compensation insurance and, upon prior notice, provide evidence of its currency to the Customer. The Customer agrees to cover all expenses incurred by the Contractor in collecting delinquent accounts, including but not limited to attorney fees, filing fees, and costs.

SUBSCRIPTION PLANS AND RENEWALS
Customers may opt to subscribe to a subscription plan through the Service. Subscription plans consist of an initial charge followed by recurring charges at agreed-upon intervals. By entering into this Agreement, the Customer acknowledges the subscription's initial and recurring payment features and accepts responsibility for all recurring charges prior to cancellation.

The Contractor will process periodic charges (e.g., annually) without further authorization from the Customer until the Customer opts out of auto-renewal by contacting the Contractor. The month in which the Customer signs up is the first month in which they will be eligible to receive membership services and benefits.
Annual plan cancellation requests submitted via the Customer's account page must be received at least 48 hours before the existing subscription plan renews (e.g., a cancellation request must be submitted by March 15th to cancel the next annual charge on March 17th). Canceling a subscription only halts future renewal charges and does not cancel or refund any services or benefits already paid for. If a Customer subscribes to the Monthly Plan between the 15th and the end of the month, they automatically agree to be charged for the following month.

TERMINATION OR SUSPENSION OF SUBSCRIPTION PLANS BY THE CONTRACTOR
The Contractor reserves the right to terminate or suspend any subscription plan at its sole discretion, with or without cause, and with or without prior notice. In the event of such termination or suspension, the Customer will be entitled to a pro-rata refund for any unused portion of the subscription plan, if applicable. The Contractor shall not be liable to the Customer or any third party for any losses, damages, or expenses arising from or in connection with the termination or suspension of a subscription plan.

QUOTES
A quote provided by the Contractor remains valid for fifteen days unless explicitly stated otherwise. Should the Customer wish to proceed after this period, a revised quote must be obtained before the Contractor commences the Service. Full payment is due upon completion of the described work. Any unpaid amounts within ten days from the completion date are subject to the maximum legally permissible interest in the state where the work was performed until paid. If applicable, sales tax is included in the price. If the Contractor initiates litigation or employs attorneys to collect outstanding payments from the Customer, the Customer agrees to pay reasonable costs and attorney's fees. In the case of a returned check, the Customer may be liable for the check amount, face value, and court costs. All parts will be removed from the Customer's premises and discarded unless specified otherwise.

PAYMENT AND TERMS
The Customer agrees to pay the Contractor the agreed price for the Service, as set forth in the quotation, estimate, or other documentation provided by the Contractor. Payment terms shall be specified in the quotation, estimate, or other documentation, and the Customer shall adhere to these terms. The Contractor may require a deposit or progress payments, as agreed upon by both parties.

In the event that the Customer fails to make any payment by the due date, the Contractor may charge interest on the overdue amount at a rate of 18% per annum, calculated daily. The Customer shall be liable for any costs incurred by the Contractor in recovering outstanding amounts, including but not limited to legal fees and collection agency fees.

If the Contractor incurs additional costs or expenses due to the Customer's failure to provide information, access, or other necessary resources, the Contractor reserves the right to pass on such costs or expenses to the Customer, and the Customer agrees to pay for these additional costs or expenses.

Missouri Revised Statutes §431.180 governs prompt payment on private construction projects in Missouri. These rules apply to all private projects, excluding owner-occupied residential projects with four or fewer units. Any disputes arising from this sale are subject to the laws of the state where the work was performed. In the event of legal action, the Customer agrees to pay collection fees, reasonable attorney fees, and court costs. An Annual Percentage Rate of 18% will be added to the total invoice for non-payment at 30-days past due, plus a $25 service charge for each consecutive 30 days of non-payment.
Late Fees Clarification: All Invoices are due upon completion of work. A late fee of $25 will be added to invoices 7-days past due. In addition to the APR and other fees noted above, these conditions form part of the payment terms.

The Customer consents to the filing of a mechanic's lien by any person who supplies materials or services for the work described in this contract on the property where the work is performed if the Contractor is not paid.

RETENTION OF TITLE AND RISK
Title to any materials and products supplied by the Contractor as part of the Service shall remain with the Contractor until the Customer has made full payment for the Service. The risk of loss, damage, or theft of the materials and products will pass to the Customer upon delivery to the Customer or their designated location. The Customer is responsible for ensuring the safekeeping of these materials and products and must adequately insure them against loss, damage, or theft.

FOR PROJECTS UNDER A GENERAL CONTRACTOR WHERE FIRST CHOICE ELECTRIC IS A SUB-CONTRACTOR
Non-payment by any contractor to those supplying materials or services to complete this contract may result in the filing of a mechanic's lien on the property, subject to this contract pursuant to Chapter 429, RSMo. To prevent this outcome, the Customer may request "lien waivers" from all parties supplying materials or services for the work described in this contract. Failure to obtain lien waivers may result in double payment for labor and materials.

WARRANTIES AND LIMITATIONS ON WARRANTIES
The Contractor provides a standard two-year warranty on parts supplied and a lifetime warranty on labor. The Contractor warrants that all work performed and parts and equipment installed in servicing the electrical unit(s) are completed professionally and free from defects in materials and workmanship for a period of 365 days from the date the work was performed or per the manufacturer's warranties (except for exclusions listed below).
The Contractor's obligation for defective products and/or workmanship, or any damage caused thereby, and the Customer's exclusive remedy, shall be limited, at the Contractor's option, to the replacement of defective parts or workmanship or the refund of amounts paid by the Customer for the Service. This is conditioned upon the Contractor receiving written notice of the defect within the 365-day period specified. Items disclosed on the invoice and declined by the Customer or Customer-supplied equipment may be excluded. These exclusions may have limited or no warranty if parts have been replaced by the Contractor and not worked on by anyone else during the warranty period or if items damage electrical parts supplied by us. The warranty period may differ if noted herein. (Warranty excludes stoppages and customer-supplied items).

For warranty issues, the Contractor must be allowed to inspect and approve the issue before any repair is made; otherwise, the warranty is voided. The warranty is non-transferable. The Contractor is not liable for damage caused by weather, normal maintenance items not reviewed, or manufacturer defects.

WARRANTY AND LIMITATION OF LIABILITY
The Contractor warrants that the Service will be performed with reasonable care and skill, in accordance with industry standards, and in compliance with all applicable laws and regulations. The Contractor's liability for any defects in the Service, materials, or products supplied is limited to the repair or replacement of the defective materials or products or the re-performance of the Service, at the Contractor's discretion. This warranty does not cover normal wear and tear, damage caused by misuse, abuse, or failure to follow the Contractor's instructions or recommendations.

The Contractor's total liability to the Customer for any loss or damage arising from or related to the Service, whether in contract, tort (including negligence), or otherwise, shall not exceed the amount paid by the Customer for the Service. The Contractor shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, business, or savings, even if the Contractor has been advised of the possibility of such damages.

ALTERATIONS
Any alterations, additions, adjustments, or repairs made by others, unless authorized or agreed upon by the Contractor, will be causal to terminate the Contractor's obligation under the contract.

CONSENT TO RECEIVE MESSAGES FROM US
You authorize the Contractor, inclusive of its agents, affiliates, and independent contractors, to contact you at the email address or telephone number that you have provided to the Contractor for advertisement, telemarketing, solicitation, or other purposes, using an automatic telephone dialing system or a pre-recorded voice to deliver a message. You can unsubscribe from these messages in the settings of your account. If you do not consent to receive these messages or if you later unsubscribe, you may miss out and not receive certain messages from the Contractor.

SECURITY
We have implemented technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, or disclosure. However, we cannot guarantee that unauthorized third parties will not be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide such information at your own risk.

TERMINATION OF ACCOUNT
This Agreement will remain in full force and effect while you use the Service. You may terminate your account at any time, for any reason. To cancel an account, please send an email to info@fcepro.com. If you terminate your account, your account will be disabled within 14 days. We may terminate your account or this Agreement at any time, with or without cause, by sending a notice to you at the email address you provide in your account registration or such other email address as you may later provide to us. All decisions regarding the termination of Accounts shall be made at the sole discretion of us. We are not required to provide you notice prior to terminating your account. We are not required and may be prohibited from disclosing a reason for the termination of your account. Even after your account is terminated, this Agreement will remain in effect. If you are due a refund for canceling your paid account, a refund will be issued to you within 14 days of the request to cancel.

INDEMNITY
The Customer shall indemnify and hold harmless the Contractor, its employees, agents, and permitted sub-contractors, from and against any and all claims, demands, losses, damages, costs, and expenses (including reasonable legal fees) arising out of or in connection with the Customer's breach of these Terms and Conditions, negligence, willful misconduct, or violation of any applicable laws or regulations.

DISPUTE RESOLUTION
You and We agree that any legal disputes or claims between the Parties that cannot be resolved informally will be submitted to binding arbitration in Missouri, except that "common count" claims recognized under Missouri law to recover a debt, including book account, account slated, the reasonable value of services delivered, and money had and received, shall not be subject to arbitration but shall be subject to resolution in a legal proceeding in state courts located in St. Charles, Missouri or any other court having jurisdiction. The arbitration shall be conducted by the American Arbitration Association or any other established ADR provider mutually agreed upon by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. You agree that in no event shall any claim, action, or proceeding by You related in any way to the Service be instituted more than three (3) years after the cause of action arose. Subject to applicable law, any disputes between us will only be resolved on an individual basis. You shall not have a right to bring an action against us as a member or representative of a class or in any consolidated or collective action or any other legal proceeding conducted by a group or by a representative on behalf of others, and any such rights are expressly waived.

FORCE MAJEURE
Neither party shall be held liable for any failure to perform or delay in the performance of its obligations under these Terms and Conditions if such failure or delay is due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, civil disturbances, labor disputes, governmental actions, or utility failures (collectively, "Force Majeure Events"). In the event of a Force Majeure Event, the affected party shall promptly notify the other party and use reasonable efforts to mitigate the impact of the Force Majeure Event on its performance under these Terms and Conditions. If the Force Majeure Event persists for a period of more than 30 days, either party may terminate this agreement upon written notice to the other party, and the Customer shall pay the Contractor for all work completed and expenses incurred up to the date of termination.

CONFIDENTIALITY
Both parties acknowledge that, during the course of their engagement, they may have access to, or become aware of, confidential information relating to the other party, including but not limited to trade secrets, proprietary information, financial data, customer lists, and other sensitive information ("Confidential Information"). Each party agrees to maintain the confidentiality of the other party's Confidential Information and not to use or disclose such Confidential Information for any purpose other than the performance of their obligations under these Terms and Conditions, except as required by law or with the prior written consent of the disclosing party. This confidentiality obligation shall survive the termination or expiration of this agreement.

ASSIGNMENT
Neither party may assign or transfer its rights or obligations under these Terms and Conditions without the prior written consent of the other party, which consent shall not be unreasonably withheld or delayed. Any attempted assignment or transfer without such consent shall be void and without effect.

WAIVER
No waiver by either party of any breach or default under these Terms and Conditions shall be deemed a waiver of any subsequent breach or default, and no failure or delay by either party in exercising any right or remedy under these Terms and Conditions shall operate as a waiver of such right or remedy.

SEVERABILITY
If any provision of these Terms and Conditions is determined to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms and Conditions shall remain in full force and effect, and the parties shall negotiate in good faith to substitute a valid, legal, and enforceable provision that achieves the original intent and economic effect of the invalid provision.

INDEPENDENT CONTRACTOR STATUS
The Contractor and the Customer acknowledge and agree that the Contractor is an independent contractor and not an employee, agent, partner, or joint venturer of the Customer. Neither party has the authority to bind the other or incur any obligation on the other's behalf, except as expressly provided in these Terms and Conditions. The Contractor shall be solely responsible for any taxes, social security contributions, or other employment-related obligations arising from its performance of the Service.

SUBCONTRACTING
The Contractor shall not subcontract any portion of the Service without the prior written consent of the Customer, which consent shall not be unreasonably withheld or delayed. Any permitted sub-contractors shall be subject to the same obligations and restrictions as the Contractor under these Terms and Conditions, and the Contractor shall remain responsible for the performance of the Service by any such sub-contractors.

NON-SOLICITATION
During the term of this agreement and for a period of 6 months after the termination or expiration thereof, neither party shall directly or indirectly solicit for employment or engage any employee or contractor of the other party who was involved in the performance or receipt of the Service, without the prior written consent of the other party.

COUNTERPARTS
These Terms and Conditions may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same agreement. A signed copy of these Terms and Conditions delivered by facsimile, email, or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original signed copy of these Terms and Conditions.

ENTIRE AGREEMENT
These Terms and Conditions, together with any quotation, estimate, or other documentation provided by the Contractor, constitute the entire agreement between the parties concerning the subject matter hereof and supersede all prior or contemporaneous agreements, understandings, or representations, whether oral or written, relating thereto. No modification, amendment, or waiver of any provision of these Terms and Conditions shall be effective unless agreed to in writing by both parties.

COMPLIANCE WITH LAWS
Each party shall comply with all applicable laws, regulations, and ordinances in connection with its performance of its obligations under these Terms and Conditions, and shall obtain and maintain all necessary licenses, permits, and authorizations required for such performance.

COOPERATION
The parties agree to cooperate with each other in good faith to ensure the successful and timely completion of the Service and to promptly resolve any disputes or issues that may arise during the course of their engagement.

REPRESENTATIONS AND WARRANTIES
Each party represents and warrants to the other party that (a) it has the full right, power, and authority to enter into these Terms and Conditions and to perform its obligations hereunder; (b) it is not a party to any agreement, understanding, or commitment that would conflict with, or impair its ability to perform its obligations under these Terms and Conditions; and (c) its execution, delivery, and performance of these Terms and Conditions will not violate any law, rule, regulation, or order applicable to it.

INDEMNIFICATION
Each party (the "Indemnifying Party") agrees to indemnify, defend, and hold harmless the other party and its officers, directors, employees, agents, and representatives (the "Indemnified Party") from and against any and all claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or in connection with any breach by the Indemnifying Party of its obligations, representations, or warranties under these Terms and Conditions, or any gross negligence or willful misconduct of the Indemnifying Party in the performance of the Service.

The Indemnified Party shall promptly notify the Indemnifying Party in writing of any such claim and shall reasonably cooperate with the Indemnifying Party in the defense and settlement of such claim at the Indemnifying Party's expense.

GOVERNING LAW AND VENUE
These Terms and Conditions shall be governed by and construed in accordance with the laws of the Eleventh Judicial Circuit, St. Charles County, Missouri, without regard to its conflict of law principles. Any disputes arising out of or in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of the Eleventh Judicial Circuit, St. Charles County, Missouri.

EXECUTION
By engaging the Contractor to perform services, the parties acknowledge that they have read, understood, and agree to be bound by these Terms and Conditions, and that they have the authority to enter into this agreement on behalf of their respective organizations.

LANGUAGE
These Terms and Conditions have been drafted in the English language, and the English language version shall prevail in the event of any inconsistency between the English language version and any translation hereof.

HEADINGS
The headings in these Terms and Conditions are for convenience only and shall not affect the interpretation or construction of any provision hereof.

MISCELLANEOUS

Under no circumstances will the Contractor be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond the Contractor's reasonable control.

If any provision of this Agreement is found to be unlawful or unenforceable, then that provision will be deemed severable from this Agreement and will not affect the enforceability of any other provisions.

The Contractor's failure to enforce any right or provision of this Agreement will not prevent the Contractor from enforcing such right or provision in the future.

No delay, failure, or default, other than a failure to pay fees when due, will constitute a breach of this Agreement to the extent caused by an act of war; terrorism, hurricanes, earthquakes, and other acts of God or of nature, fire or flood; strike or labor unrest; degradation of telecommunications service; degradation of computer services not under the direct control of such party; or other causes beyond the performing party's reasonable control.

The Contractor may assign its rights and obligations under this Agreement, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law. Users may not assign rights and obligations under this Agreement, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law, without the Contractor's prior written consent.

The Contractor may send notices under this Agreement to User's email contact points provided by User, and such notices will be deemed received at the time they are sent. Users may send notices according to this Agreement to the email address below, and such notices will be deemed to be received at the time they are sent.

The parties hereby acknowledge and agree to be bound by these Terms and Conditions upon engaging the Contractor to perform services.

CONTACT INFORMATION
If the User has questions or comments about the Service or this Agreement, please get in touch with us at:
Subject: Terms & Conditions
legal [at] fcepro [dot] com

or mail us at:
ATTN: Legal Department
First Choice Electric, LLC
5377 State Highway N. Suite 437
Cottleville, MO 63304