st. louis SERVICE AGREEMENT TERMS & CONDITIONS
AEROTECH GUTTER SERVICE OF ST LOUIS SERVICE AGREEMENT TERMS & CONDITIONS (REV0618)
For the purposes of your Agreement, Aerotech Gutter Service of St Louis will be known as the “Contractor” and the property Owner will be known as the “Owner” (collectively the “Parties”). The Contractor agrees to provide all material and labor required to perform the work as listed on the signed Agreement unless otherwise stated.
VALIDATION OF AGREEMENT – This offer by the Contractor for service(s) is available for thirty days (30) days from the date listed on your Agreement. Your Agreement becomes valid only once; 1) it is signed (in writing or electronically) by the Owner or authorized designate of the Owner -AND- 2) it is received by the Contractor along with any required deposit.
WORRY-FREE SERVICE – Aerotech Gutter Service of St Louis prides itself on providing “worry-free” service(s) to our customers. Upon completion of service(s) listed on your agreement at your property we will make every effort to notify you with a lawn flag, an email or text message indicating that we have completed your service. If for some reason a lawn flag cannot be seen or you do not receive an email or text message, please be rest assured knowing that all of our service technicians complete a daily log for every property they have serviced and all of our service vehicles are tracked via GPS. You can also call us toll free at 1-800-365-1382 Monday –Friday 8am – 4:30pm and speak to any of our friendly customer service representatives who can confirm whether your service(s) have been completed.
E-NOTIFY – If the Owner has a valid medical condition, a locked or gated property, or animals that need to be restrained prior to service, the Contractor will attempt to provide advanced notification of service(s). The Owner must contact the Contractor prior to the commencement of the work to provide a cell phone number and/or email address where they can be reached. When the work has been dispatched into the field, the Contractor will attempt to notify you via text message and/or email prior to coming out to complete the service(s).
INSURANCE – Contractor is a fully insured company in that it has both liability and workers-compensation insurance. Contractor agrees to maintain this insurance to protect against claims for property damage and bodily injury relating to the work specified on this signed Agreement.
GUTTER CLEANING SERVICE
The Contractor will clean the gutters at your property, removing debris (leaves, twigs & most foreign objects) from the gutters and downspouts. Only downspouts above ground will be cleaned. During the cleaning process the Contractor may employ various methods to clean your gutters and downspouts, including but not limited to, using our patented gutter-vac system, ladders, harnesses, water hoses, blowers and manual hand cleaning. The Owner gives the Contractor permission to use water, faucets and hoses on the property if necessary. If compacted debris in the downspouts cannot be removed during the normal cleaning process, the downspout may need to be taken apart (see additional services below).
Gutter Debris – The Contractor will make every effort to keep your property in substantially the same condition as we found it upon arrival. Debris from the gutters will be removed from your property. The Contractor may blow leaves and debris off the roof and valleys. This is performed as a courtesy and the debris will remain where it falls. If you would like roof debris removed (see additional services below).
Underground Drains – If your Agreement includes underground drain testing, it means the Contractor will run water and/or high-pressure air into the end of the drain nearest or connected to the downspout(s) to see if there is any immediate backup. Testing takes place during the month(s) listed on your Agreement. If your underground drains are clogged and need to be cleared, it will be done at an additional charge (see additional services below). A separate repair Agreement signed by the Owner detailing the additional costs to unclog your underground drains will be needed prior to the commencement of the work.
Gutter Screens/Covers – If your property has gutter screens or covers, the Contractor may remove and dispose of them during your first cleaning unless otherwise noted on your Agreement. If the owner would like to have the gutter screens/covers removed and replaced after each cleaning it must be listed on your Agreement. The Contractor will not be responsible for screens/covers that become bent, misshapen or damaged in any way during the cleaning and/or removal or replacement process.
Scheduling – As mentioned above, we are a worry-free service and schedule cleanings by ZIP code. The Contractor will make every effort to clean the gutters during the month(s) stated on your Agreement, weather permitting. Contractor reserves the right to alter the cleaning schedule (see Delays below). Owners desiring to change the scheduled cleaning months must do so at least two weeks prior to the scheduled cleaning month. If an owner wishes to reschedule any service month(s), the changed service month(s) cannot be delayed more than one month after the original scheduled service month(s) as listed on your Agreement. Changes must be made in writing via mail, fax or email at the address noted below. Contractor reserves the right to approve all schedule changes.
Access & Service Refusal – In order to complete the work listed on your Agreement, the Owner shall ensure that the Contractor has full access to the property. If the Contractor arrives at your home to complete a scheduled service as listed on your Agreement and is turned away for any reason, the Contractor reserves the right to charge, and the Owner agrees to pay a $30.00 trip charge. If the Contractor arrives at your home and begins the scheduled service as listed on your Agreement and is turned away, the Contractor reserves the right and the Owner agrees to pay for the full service. If the Contractor has to return to complete the job for which they were turned away, at a later time, the Contractor reserves the right to charge, and the Owner agrees to pay a $30.00 trip charge in addition to the full cleaning price.
30 Day Cleaning Warranty – If the Owner is not satisfied with the gutter cleaning service(s) that have been completed, they must notify the Contractor within thirty (30) days of the completed service by calling customer service toll free at 1-800-365-1382. The Contractor will schedule a representative to come out and inspect the gutter system. If our representative finds a deficiency relating to the cleaning, the Contractor will re-clean your gutter system at no additional charge. Please Note that gutter debris may fall after we have cleaned your gutter system. If we arrive at your property and the gutters are clean or there is “new” debris that has fallen since we have last cleaned, the Owner agrees to pay a $30.00 Re-Clean Fee. The contractor will not be responsible for any damage to the owner’s property resulting from faulty, old or damaged gutter systems. If you have experienced “new” gutter debris since we last cleaned your home, or you are calling more than 30 days after your most recent cleaning, you can call us toll free at 1-800-365-1382 to schedule a new cleaning or move one of your other cleanings to a priority service.
REPAIR & INSTALLATION SERVICE(S)
Scheduling – All work is performed on a first come, first served basis, weather permitting once the Contractor has received your signed Agreement and any required deposit. The Contractor will not be responsible for unforeseen delays (see Delays below). For more information on when you can expect your work to take place, please contact the estimator listed on the front of your Agreement.
Access & Service Refusal – The Owner shall ensure that the Contractor has full access to the property to complete the work listed on your Agreement. If the Contractor arrives at your property to complete a repair or installation service as listed on your Agreement and is turned away for any reason the Contractor reserves the right to charge and the Owner agrees to pay an $85.00 trip charge.
Standard Limited Warranty – The Contractor will correct any defect in products installed by Contractor under your Agreement that is the result of faulty materials or workmanship for a period of one (1) year from the date of completion of such repair or installation service(s). The Contractor will extend the warranty on GUTTER INSTALLATIONS to three (3) years from completion of the gutter installation, if the Owner can show that they have enacted a continuous gutter cleaning plan for their gutter system immediately following the gutter installation service noted on your Agreement. The gutter cleaning plan must consist of at least two (2) gutter cleanings per calendar year performed by a licensed and fully insured contractor. If the gutter cleanings are performed by anyone other than the Contractor, then the Owner must provide dated payment receipts for those service(s) to the Contractor prior to any warranty service taking place. Any work performed on any products originally repaired or installed by the Contractor by anyone other than the Contractor immediately voids this warranty. Owner waives any and all right to pursue any claims, damages, losses, costs, and causes of action against Contractor arising from or related to any defects in products, materials, or workmanship if Owner fails to notify Contractor in writing via mail, fax or email at the address noted below and grant Contractor access to assess and remediate the alleged defect within the warranty time period. The Contractor shall have the exclusive right to examine and repair/replace defective material(s) or workmanship. The Contractor makes no warranty, express or implied, other than that set forth herein, or as required by law, unless documented on a separate warranty certificate issued by the Contractor. This standard limited warranty is non-transferable.
Unforeseen Circumstances – In the event that the Contractor begins the repair or installation service as listed on your Agreement and finds that the service cannot continue due to an unforeseen circumstance such as rotted wood, roofing problems, or any other factors that could not have been reasonably foreseen by the Contractor at the time of preparing your Agreement, the Contractor may provide the Owner with a separate Agreement detailing any additional charges required to perform the work (if applicable), which must be signed by the Owner before proceeding with the service.
Sign – In the case of a repair/installation the Contractor may place a small sign in Owner’s yard during the work and for up to 2 weeks following the completion of the work.
ADDITIONAL SERVICES/CHANGES – If the Owner would like to have any additional service(s) performed it must be clearly noted either on your Agreement or a separate Agreement. Any changes to your Agreement must be initialed and/or signed by both the Owner and the Contractor. Please contact your estimator or our customer service at (800) 365-1382 to discuss any additional service(s) not already listed on your Agreement that you would like to add.
DELAYS – The Contractor will not be held responsible for any delays resulting from acts of nature, fire, flood, weather (including but not limited to rain, ice, snow and freezing temperatures) or any other unavoidable casualties; labor strikes; late delivery of materials; the neglect of the Owner; or by any other cause beyond Contractor’s control.
PRICE MATCH GUARANTEE – Pursuant to the terms of this section, the Contractor will match any written estimate for service(s) from a licensed and fully insured (liability & worker’s compensation) company for the same service(s) and materials as listed on your Agreement. To receive the reduced price, the Owner must present the Contractor with an authentic written estimate from a licensed and fully insured company. The Contractor shall then have the option to offer to the Owner to perform the same service(s) at the same price or to decline to perform such service(s). Coupons or other forms of savings cannot be applied to any price offered under this guarantee. This guarantee may only be used prior to the commencement of work as listed on your Agreement and is available only to residential customers.
CANCELLATIONS & REFUNDS – The Owner may cancel at any time prior to the commencement of the service(s) listed on your Agreement. Once the service has begun, the Contractor reserves the right to complete all work listed on your Agreement. Cancellations must be made in writing, via mail, fax or email to the address noted at the bottom of these terms & conditions. The Contractor reserves the right to cancel your Agreement at any time. Upon any cancellation prior to the commencement of work, the Contractor will refund to the Owner any outstanding pre-paid balance or deposit. Once work has commenced the Owner agrees to pay the contractor as follows:
Gutter Cleaning Service(s) – the Owner will pay for any cleaning service(s) that have been completed as well as 25% of the remaining balance of your Agreement.
Repair or Installation Service(s) – the Owner will pay for all work commenced by the Contractor prior to any cancellation.
PAYMENT TERMS – The Owner hereby agrees to pay the Contractor for all service(s) performed to complete the work listed on this signed Agreement. The total Agreement price is due in full once the service(s) have been completed and any outstanding balance will be billed immediately after the service(s) have been rendered. If your Agreement remains unpaid for thirty (30) days after the work has been completed, the Owner authorizes the Contractor to collect any outstanding balance using any payment method previously tendered to the Contractor by the Owner. If your Agreement remains unpaid for a period exceeding forty-five (45) days after the work has been completed, the Owner agrees to pay the Contractor a late payment charge of $25.00 plus 1.5% of the outstanding balance per month (18% per annum) or the maximum contractual interest rate allowed under Missouri law, whichever interest rate is lower, calculated from the original invoice date. After forty-five (45) days the Contractor reserves the right to submit the outstanding balance to an outside collections agency/attorney and the Owner agrees to pay any and all attorney fees, legal costs, and collection costs incurred by Contractor related to the collection of this debt or any other enforcement by the Contractor of the terms of your Agreement. No provision of your Agreement shall be construed to in any way limit Contractor’s right to place a lien on the Owner’s property as permitted by any applicable federal, state, or local law. The Owner will pay the Contractor a $25.00 fee for any payment returned by the bank (NSF, Stop Payment, etc).
LIMITATION OF LIABILITY – In no event shall Contractor be liable for any indirect, incidental, special, exemplary, or consequential damages, of any type under any claim at law or equity. Contractor’s total aggregate liability to Owner or any other person or entity for any and all claims, damages, losses, costs, and causes of action arising from or out of your Agreement and/or Contractor’s provision of service(s) to Owner shall not exceed the amounts paid by Owner to Contractor during the six (6) months immediately preceding the day the act or omission occurred that gave rise to the claims, damages, losses, costs, or causes of action.
MISCELLANEOUS – All rights and remedies set forth in your Agreement are cumulative with all other rights and remedies available to Contractor at law or in equity. Your Agreement may not be assigned by the Owner. Your Agreement constitutes the entire Agreement of the Parties with respect to the matters contained herein and shall be binding upon the Parties and their permitted assigns. Titles and headings as they appear in your Agreement are for clarity and the convenience of the Parties, the literal meaning of the titles and headings contained within your Agreement are not to be construed as creating legal obligations in and of themselves. If any provision of your Agreement is held to be illegal, unenforceable, or in conflict with any law of a federal, state, or local government having jurisdiction over your Agreement, the validity of the remaining portions or provisions hereof will not be affected thereby.
GOVERNING LAW AND CHOICE OF FORUM – Your Agreement shall be governed and construed in accordance with the laws of the State of Missouri, without regard to any conflicts of law provisions. The exclusive jurisdiction and venue for any disputes arising out of your Agreement shall be the state Circuit and District courts located in St Louis County, Missouri, and all Parties hereby consent to personal Jurisdiction and venue therein.
CONTACT US – Aerotech Gutter Service Mail Processing Center 266 Elmwood Avenue, Suite 282 Buffalo, NY 14222
Fax: (800) 366-0057