Terms and Conditions
These Terms and Conditions of Service (“Agreement”) form a legal agreement between the Owner and Blackiston Property Services, LLC, a Virginia limited liability company (“Blackiston”). Owner’s use of the Services outlined in the Scope of Work on the Proposal and/or aggreement Form constitutes Owner’s agreement to these terms and conditions and Owner acknowledges and assents that all Blackiston products and services are exclusively offered, purchased and provided subject to these terms and conditions. You further acknowledge that Blackiston does not and would not offer, sell, or agree to provide any service(s) without your assent to these terms. Services include new services, including phone and electronic requests after initial Agreement is signed, or approved verbally, by phone or electronically when signiture cannot be attained. Terms and conditions are still binding when signiture cannot be attained after verbal, by phone or electronic approval to start is given. Changes to service (including verbal, by phone, or electronic changes, that are recognized and accepted), follow up visits, touch up services, and other services offered are provided by Blackiston. Any work authorized by any individual lawfully on the property shall be considered authorized by the Owner and binding on the Owner.
Pressure Washing: Adverse reactions from pressure washing are uncommon, but can occur. The surfaces being pressure washed, or surfaces or objects (including foliage, awnings, canopies and lawn furniture / yard decorations) near the pressure washing area may be adversely affected by pressure washing, meaning that they could be damaged or marred by pressure washing; it is an inherent possibility with pressure washing. Additionally, grass and other foliage may become discolored or killed as a result of the heated hose and or chemicals. Blackiston makes every effort to be safe and avoid any possible reactions, but Owner understands and accepts that Blackiston is not responsible for any and all adverse reactions. While unexpected, normal cleaning procedures may damage the item being cleaned. Blackiston takes effort to avoid any damage to Owner property. Blackiston’s liability for any property damage, including damage to Owner’s personal property, landscaping, siding and brick is limited by this Agreement. Owner is responsible for moving all items within One Hundred (100) feet of any area to be pressure washed.
Use of Water and Electricity: Owner agrees that Blackiston may use the water and electricity at the work site to perform cleaning services or brush removal services and yard clean up.
Damages: Blackiston is not responsible for damages due to water and/or chemical infiltration, improperly installed siding, loose or deteriorated shingles, or siding, broken or open windows, damaged or stretched screens, improperly sealed windows, revealing hidden damage, furthering existing damage, wood rot, inadequate drainage, defective construction, improperly secured wires, loose or improperly installed gutters and leaders, and improper caulking. In every aluminum siding case, and in some case in vinyl siding, the sun and weather will bleach the color and cause it to fade. Power washing, which entails removal of chalky, gritt off failing surface materials, may cause the faded aspects of the vinyl or aluminum to stand out. Owner is made aware (verbally, phone, electronically or written) of all chemicals used and approves such chemicals. Blackiston will not be responsible for such conditions. Blackiston will not be responsible for loose mortar that may dislodge during the cleaning process. Blackiston is not responsible for any damage caused by Acts of God. Owner gives Blackiston permission to drive on lawn as needed. Blackiston assumes no liability for damages caused by any and all vehicles once on property..
Blackiston is not responsible for any damages to Owner’s personal property or any property in owners possession, awnings, canopies, landscaping, siding and brick etc.. Blackiston is not responsible for any damages to personal property not belonging to owner on or off the property. As it is the owners responsibility to notify all neighbours of all work and what it entails.
Blackiston is not responsible for damages as a result of water and/or chemical infiltration from poor or improper installation, maintenance or repair of electrical related items or doors or windows. BLACKISTON Property Services cannot guarantee removal of artillery fungus from exterior house surfaces.
Blackiston only uses its own products. Blackiston assumes NO LIABILITY in the event Owner requests use of Owner’s products. Blackiston assumes NO LIABILITY if customer wants to help or gets someone to help.
Windows may become water spotted as a result of our services. Window cleaning is NOT included.
Trucks and trailor:I understand that the trucks, trailors and equipment used for power washing, brush removal and yard clean up etc. are big and extremely heavy. Blackiston is NOT LIABLE, and I hereby release Blackiston property services llc of any damages that may be sustained to the listed property or property where work is performed, to include, but not limited to: concrete curbs, side walks, other concrete work, pavers, walkways, fences, landscaping, sprinkler systems, grass, trees, bushes, or any other item while we are working on the stated property.
Modification of Agreement: This document sets forth the terms and conditions of service between Blackiston and Owner, and supersedes all other prior or contemporaneous oral or written agreements and understandings. No oral or other written statements should be construed or relied upon by Owner as a waiver, modification, or amendment of these terms and conditions of service. If any clause of this contract is found unenforceable, the remainder of the agreement will not be modified.
Your responsibility to protect 3rd parties: Certain cleaning activities pose a danger of injury to you or others. These dangers include, but are not limited to, slipping on wet surfaces, falling ladders, falling water fed poles, power washing spray, chemical transfer, tripping on a hose or other cleaning equipment, and electrocution. YOU AGREE TO ACTIVELY PREVENT ANY THIRD PARTY FROM WALKING IN OR NEAR THE CLEANING WORK SITE OR WET SURFACES. YOU ARE RESPONSIBLE TO INSURE THAT NO 3rd PARTY IS IN OR NEAR THE CLEANING WORK SITE AND THAT NO 3rd PARTY WALK ON OR STAND ON WET SURFACES, DO NOT STAND NEAR LADDERS, WATER FED POLES, OR TECHNICANS WHILE THEY ARE WORKING.
Return Check Fee / Late Fee / Attorney’s Fees: All returned checks are subject to a $35 fee. There is a late payment fee of $35, and there will be a 1-1/2% per month late charge (18% per annum) on all overdue balances.
Agreement to Arbitrate: Providing Blackiston is BBB accredited and in good standing, Owner agrees to submit any dispute arising under this Agreement, with the exception of disputes alleging criminal or statutory violations, to binding arbitration in accordance with the BBB Rules of Binding Arbitration (Pre-Dispute). A volunteer BBB arbitrator will render a decision that the arbitrator determines to be fair; in doing so, the arbitrator is not required to apply legal principles. The arbitrator’s decision will be final and binding on both Owner and Arbitrator, and judgment on the decision may be entered in any court having jurisdiction.
Further information about BBB arbitration may be obtained by contacting the BBB at 757-531-9400. This Agreement to Arbitrate affects important legal rights. Owner nor Blackiston will be able to go to court for disputes that must be arbitrated. In the event a dispute does go to court, Owner consents to jurisdiction in the General District Court for Chesapeake, Virginia. In the event Blackiston prevails, Owner shall pay or reimburse (Blackiston will decide which payment route to take) Blackiston for reasonable court and attorney’s fees. Owner agrees to pay Blackistons attourney for all court and attourney's fees directly.
Limitation and Release of Liability: Blackiston’s liability for property damage is limited to a refund for the amount paid for that service rendered, not total invoice amount. Blackiston may, at its sole discretion, and without admitting liability, offer to replace or repair the property in lieu of a refund on the sales price. Owner is then barred from bringing any further action against Blackiston
Once repair or replacement is performed. Blackiston will choose the method, manner, and person to perform or supply such repair or replacement. Blackiston is not responsible for customer’s loss of profits, business goodwill, or other consequential damage, due to its failure to perform in any respect or due to damage arising from the services rendered. YOU ACCEPT THESE RESTRICTIONS ON YOUR RIGHT TO RECOVER DAMAGES.
Blackiston maintains a professional liability insurance policy. In the event Owner makes a claim against Blackiston’s professional liability insurance policy and said claim is denied, Owner is barred from bringing any further action against Blackiston
Despite any statute to the contrary, any claim arising from / relating to this Agreement, must be brought within ninety days after it arises.
Promotional Purposes: Owner consents to the use of the image of its Property for advertising purposes, including internet and social media, by Blackiston. Blackiston will not disclose Owner’s address when using any image of Owner’s property.
Employees: Blackiston’s only employee is Chad M. Blackiston unless help is hired for a specific job.. Blackiston assumes no liability for any work performed by any subcontractor’s that may be on the Property. Owner acknowledges that any individual assisting Blackiston is a 1099 subcontractor and that Blackiston is not responsible to any damages caused by said sub-contractor.
I ______________________________________________________ HAVE FULLY READ AND UNDERSTOOD THE TERMS AND CONDITIONS OR APPROVED OF THE TERMS AND CONDITIONS BY PHONE, VERBALLY OR ELECTRONICALLY WHICH I AM BOUND BY ONCE WORK STARTS.
INVOICE # _____________________ DATE________________________
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