terms & conditions

Warranty– Smart Shades DFW (“Company”) warrants its work according to the Warranty Statement on the signed contract provided by the Company and signed by the Owner. Owner is responsible for retaining the contract for warranty purposes. Excluded from the warranty is: Owner or third-party damages, pre-existing conditions, foundation movement/settling, normal wear and tear, weather exposure, water damages, and Acts of God. In no event shall any action or claim against the Company arising out of work completed be brought any later than one year after project completion.

​

Claims– Any concern or complaint about the Company’s work must be made in writing and reasonably detail the concerns. During the project, such complaint shall be made promptly and in no event more than one week after the project conclusion, the Owner must promptly notify the Company of any warranty items and give the Company a reasonable opportunity to inspect and repair, before owner hires any another contractor to perform such warranty work.

​

Entire Agreement– Owner(s) will not rely upon any oral representations made by the Company’s employees, sub-contractors, agents, officers in entering into this contract, and this contract is the only agreement between the Company and Owner(s). This agreement may only be amended in writing and initialed by the Company and Owner(s).

​

Dispute– In the event a dispute arises regarding the Company’s work, this agreement, or any aspect of this project, the parties agree to resolve the matter amicably prior to mediation or arbitration. If not, the parties agree to submit the dispute to non-binding mediation with a mutually selected mediator. If mediation fails, the parties agree to resolve the matter through binding arbitration. The parties agree to use the American Arbitration Association or a mutually selected arbitrator service and/or arbitrator. The Owner’s initial filing fee to initiate the arbitration shall not exceed normal court filing and service fees. The arbitrator shall be an attorney, and shall concentrate in construction law. The arbitrator shall have full power to rule on all matters of the dispute. The parties mutually agree to waive their right to a trial by jury. The prevailing party (who obtains the majority of the relief it seeks) is in entitled to recover its’ reasonable and necessary attorney’s fees.

​

Waiver of Consequential Damages– The parties waive any indirect damages, including all claims of lost profits.

Change Order– Any changes to the scope or terms of this agreement must be in writing and signed by at least one Owner and an authorized Company representative.

​

Waiver of Retainage– The parties waive the Owner’s statutory retainage obligation.

​

Utilities– Owner shall provide all electricity and water for the Company’s use for project.

​

Limitation of Liability– In no event shall the Company be liable for an amount more than the total contract price with Owner. Further, the Company is not liable for any use normal use of Owner’s utilities. Additionally, under no circumstances shall any of Company’s employees or sub-contractors, owners, officers be personally liable to Owner for any claims and/or damages.