FIXIT Tradesman LLC – Terms of Service

Effective Date: November 11, 2024

These Terms of Service (“Terms”) apply to all services provided by FIXIT Tradesman LLC (“FIXIT,” “we,” “our,” or “us”) to our clients (“you” or “client”). By accepting an estimate or initiating any work with FIXIT Tradesman LLC, you agree to these Terms of Service.

1. Scope of Services

• 1.1 FIXIT Tradesman LLC provides home renovation, remodeling, and construction services as detailed in your estimate or project proposal. Each project’s scope of work, materials, and associated costs will be outlined in a written estimate prior to project commencement.
• 1.2 Any modifications to the agreed-upon scope or changes to materials or designs must be documented in a change order and may result in additional charges.

2. Estimates and Pricing

• 2.1 Our estimates provide an itemized breakdown of labor, materials, and additional costs as outlined in the project scope. Prices for materials and labor are subject to change based on current market rates, and any adjustments will be communicated and agreed upon in writing before proceeding.
• 2.2 Estimates do not include costs for additional services, incidental materials, or changes requested by the client after the estimate is signed, unless otherwise specified.

3. Project Deposits and Payment Terms

• 3.1 A deposit is required to secure the project start date and cover preliminary costs. The deposit amount will be specified in the project estimate and is due before the project begins.
• 3.2 Final payment is due upon completion of the project. We accept payments through various channels, including Zelle and direct bank transfer, as outlined in the estimate.

4. Cancellation and Rescheduling Policy

• 4.1 Cancellation by Client: If you cancel the project less than three (3) business days before the scheduled start date, FIXIT Tradesman LLC reserves the right to retain the full deposit amount. Cancellations outside this window may qualify for a partial refund, issued within thirty (30) days of cancellation, less any costs for non-returnable items (see Section 5).
• 4.2 Rescheduling: A written request to reschedule must be provided at least three (3) business days before the project start date. We will hold your deposit for up to thirty (30) days to apply to the rescheduled project. If you do not reschedule within thirty (30) days, the deposit is forfeited.

5. Material Handling and Non-Returnable Items

• 5.1 Some materials may be classified as non-returnable due to customization, alteration, or specialty ordering. Non-returnable items include but are not limited to:
  • 5.1.1 Custom cabinetry, specialized fixtures, and custom-sized doors or windows.
  • 5.1.2 Cut or modified materials such as wood, tile, or fabric.
  • 5.1.3 Opened paint cans, coatings, or other non-resalable materials.
  • 5.1.4 Plumbing and electrical specialty items, hazardous materials, or time-sensitive products.
• 5.2 Any non-returnable items purchased specifically for the project will be billed to you and will not be deducted from the deposit in the event of a cancellation. These items will be delivered to your address within thirty (30) days of cancellation. FIXIT Tradesman LLC will not store or reuse customer-specific materials.

6. Customer-Supplied Materials

• 6.1 FIXIT Tradesman LLC strongly advises against clients supplying their own materials for projects. While we will make reasonable efforts to accommodate client-supplied materials, such materials must meet our quality standards, be suitable for the intended scope of work, and be delivered in full prior to the scheduled project start date.
• 6.2 Clients are solely responsible for selecting, purchasing, and ensuring timely delivery of all customer-supplied materials. FIXIT Tradesman LLC is not responsible for damages, errors in quantity, compatibility issues, incorrect items, or quality deficiencies related to client-supplied materials.
• 6.3 Any delay in project commencement or interruption of work due to unavailable, unsuitable, or insufficient materials—including but not limited to wrong items, poor quality, damaged goods, or incorrect quantities—will incur a service delay fee of $175.00 per hour for any idle time, rescheduling, or labor downtime resulting from these issues.
• 6.4 If delays caused by client-supplied materials extend beyond one (1) business day, additional compensation will be charged to the client to cover lost business revenue and worker compensation, as permitted under applicable laws.
• 6.5 FIXIT Tradesman LLC reserves the right to refuse use of any customer-supplied material that, in our professional judgment, is deemed unsafe, unsuitable, substandard, or likely to compromise the integrity of the project.
• 6.6 Projects involving client-supplied materials are not covered under our workmanship warranty for any aspect of the work affected by or involving those materials.

7. Hourly Rate and Material Charges Upon Cancellation

• 7.1 For cancellations, a flat rate of $275.00 per hour worked will be billed for the work completed up to the time of cancellation. Materials purchased up to the cancellation date will be billed separately.
• 7.2 All charges will be capped at the project balance. Any additional materials purchased under approved change orders will be invoiced separately.

8. Termination by FIXIT Tradesman LLC

• 8.1 FIXIT Tradesman LLC reserves the right to terminate any project for reasons including, but not limited to:
  • 8.1.1 Payment Issues: Non-payment or repeated delays in payment for completed work.
  • 8.1.2 Hostile or Unsafe Work Environment: Any behavior or conditions that pose a risk to our crew, including but not limited to disruptive, threatening, or abusive behavior, refusal to follow safety protocols, and persistent interference or micromanagement.
  • 8.1.3 Restricted Access: Lack of access to necessary work areas or refusal to maintain a safe and appropriate work environment.
  • 8.1.4 Project Delays by Client: Failure to provide timely approvals, essential resources, or decisions needed for project continuation.
  • 8.1.5 Inappropriate Communication or Lack of Communication: Failure to communicate effectively or respond to necessary project inquiries.
• 8.2 Additional grounds for termination may be determined at the discretion of FIXIT Tradesman LLC. Should a project be terminated by FIXIT Tradesman LLC, all legal channels remain available to us to pursue full payment for services rendered.

9. Communication and Formal Notification

• 9.1 All significant communications, including notices of cancellation or termination, will be issued in writing via email to the client’s provided email address.

10. Final Payment Due Following Cancellation or Termination

• 10.1 Upon cancellation or termination of the project, clients have ten (10) business days to settle any outstanding balances. Unpaid balances may result in additional legal or collection actions.

11. Warranties and Liability

• 11.1 FIXIT Tradesman LLC warranties our work against defects in workmanship for a period of one (1) year from project completion, excluding any issues resulting from misuse, neglect, or client modifications.
• 11.2 We are not liable for any incidental or consequential damages arising from the project, including but not limited to damage to non-project-related areas or client-supplied materials. Clients are advised to ensure adequate insurance coverage for their property during renovations.

12. Dispute Resolution

• 12.1 Any disputes that arise from these Terms or project work will be resolved through binding arbitration under the laws of the State of Texas. Clients agree to waive any right to pursue claims in court except as required to enforce an arbitration award.

13. Governing Law

• 13.1 These Terms of Service shall be governed by and interpreted under the laws of the State of Texas. Any legal action required to enforce these Terms or project-specific agreements shall be brought exclusively in the courts of Texas.

14. Acceptance of Terms

• 14.1 By accepting a project estimate, either through verbal, written or submitting a deposit, you acknowledge and agree to abide by these Terms of Service in their entirety. Any modifications to these Terms must be agreed upon in writing by both parties.