That's what I thought, LK. Thanks for the info.
Well, after quite a few hours of legal research and borrowing from several contracts, here is what I have come up with to put on the back of my work order/invoices. Please note, however, that I am not a lawyer and make no warranties or representations as to the legality of any of this information. This is not intended as, nor should be construed as, the rendering of legal advice. You may copy and use it at your own risk.
MATERIALS AND EQUIPMENT: All material is guaranteed to be as specified. All material and equipment will be installed in a manner consistent with standard practices at this time. It is agreed that title to all material required for performance of the work herein is to remain the property of [Contractor] until paid in full.
ALTERATIONS OR DEVIATIONS: Any alteration or deviation from above specifications involving extra costs will be executed only upon written orders signed by both parties, and will become an extra charge over and above the price(s) listed on the front of this Agreement. These orders and related charges shall in no way make void this Agreement.
NON-COMPETE CLAUSE: You and all of your authorized representatives agree not to contract or employ any of [Contractor's] employees for a period of one (1) year from the completion of any electrical work performed for You by [Contractor], or within a fifty (50) mile radius of [Contractor's] primary place of business.
EXCLUSIONS: This Agreement does not include concrete, forming, painting, patching, trenching, core drilling, venting, sealing of roof penetrations, or any other exclusion specifically listed on the front of this Agreement. [Contractor] will not be responsible for fixtures and equipment supplied by others. The price specified on the front of this Agreement does not cover:
(1) The warranty of fixtures and equipment supplied by others.
(2) The assembly of fixtures and/or equipment supplied by others.
(3) Fixtures weighing more than fifty (50) pounds.
(4) Fixtures, wiring, wiring devices, etc. required by others (e.g. codes enforcement officials, etc.)
(5) Permits, governmental fees, licenses, and inspections unless specifically listed on the front of this Agreement.
(6) Any problems or conditions found or encountered by [Contractor] after commencement of the specified work which were not foreseen or anticipated at the time of the execution of this Agreement, and thus were not included in the specified price. The repair of such problems or conditions shall become an extra charge over and above the price(s) specified on the front of this Agreement.
INSURANCE: You are responsible for storing and protecting any fixtures or equipment left on Your premises and agree to be liable for their theft, damage, vandalism, etc. You agree to carry fire, tornado, and other necessary insurance to protect the work, fixtures, and equipment. [Contractor] is insured for general liability, automobile liability, and worker’s compensation (as required by law).
WARRANTY: Warranties shall apply exclusively to the electrical installation of the material, fixtures, equipment, and other items supplied by [Contractor].
Warranty does not apply to:
(1) Material, fixtures, equipment and other items supplied by others.
(2) Extensions or additions to the original installation if made by others.
All material and equipment shall be as warranted by the manufacturer, and shall commence from the date of installation and continue for a maximum period of one (1) year. Labor for all work specified herein shall be warranted for one (1) year from the date of original service or installation. Warranty or service will not be performed if any payments according to this Agreement become past due, including change orders or additional work authorizations.
[CONTRACTOR] SHALL NOT BE LIABLE: For failure to perform if prevented by strikes or other labor disputes, accidents, acts of God, governmental or municipal regulation or interference, shortages of labor or materials, delays in transportation, non-availability of the same from manufacturer or supplier, or other causes beyond [Contractor's] control. No such delay shall be deemed a default on the part of [Contractor], and, in the event of any such delay, the time limit for performance of the work shall be correspondingly extended. In no event shall [Contractor] be liable for special or consequential damages whatsoever or however caused.
PAYMENT: You agree to make payment in full at the time services are rendered, unless other arrangements are made in advance, in writing, and signed by both parties. Payment shall be made by cash or check. If a check is not honored by the bank for any reason, You agree to pay a $30.00 returned check fee per occurrence in addition to the Total price listed herein. If payment is not received by [Contractor] within the time stated above, You agree to pay interest of 1.5% per month or the maximum legal rate on the unpaid balance until the account is paid in full. In the event this Agreement or account is turned over to an attorney or others for enforcement or collection, You agree to pay all costs, expenses, collection costs, court costs and attorney fees incurred by [Contractor], including the costs of any appeals. Failure to make payment in full as agreed may result in a lien being filed against Your property.
GOVERNING LAW AND VENUE: This Agreement is to be interpreted by the laws of the State of Tennessee, and both parties agree to a venue of [Your County], Tennessee.
ENTIRE AND BINDING AGREEMENT: This Agreement contains the entire agreement of the parties hereto, and may not be modified other than by their express, written, mutual consent. Any representations, statements, or other communications not written herein shall not be relied upon by either party.
PROVISIONS SEVERABLE: The invalidity, illegality, or unenforceability of any one provision of this Agreement shall not affect the validity, legality, or enforceability of the other provisions of this Agreement.
CANCELLATION: You agree to pay the full price specified on the front of this Agreement if you cancel after the work has commenced. This Agreement is Void if not accepted and received by [Contractor] within thirty (30) days.
