Service Terms & Agreement
Last Updated July, 2023
Commercial General Liability Insurance
WORKERS’ COMPENSATION INSURANCE:
EXTRA WORK OR CHANGE ORDERS:
You may not require us to perform extra or change-order work without providing written authorization prior to the commencement of any work covered by the new change order. Extra work or a change order is not enforceable against you unless the change order also identifies all of the following in writing prior to the commencement of any work covered by the new change order: (i) the scope of work encompassed by the order; (ii) the amount to be added or subtracted from the agreement.
Our failure to comply with the requirements in this Notice does not preclude our recovery of compensation for work performed based upon legal or equitable remedies designed to prevent unjust enrichment.
Upon completion of the services or any segment thereof, Client will, on request, execute such instrument as Alley Cat may reasonably request, acknowledging completion of the services. Client agrees to inspect the services immediately upon completion and notify Alley Cat’s crew of any complaints before they leave.
To the extent that they may validly do so, the parties agree that the services will be deemed to be fully acceptable if no notice of any defect in materials or workmanship is received by Alley Cat in writing within 3 days of completion of services.
PRE-EXISTING CONDITIONS OF PROPERTY:
Client acknowledges that there may be hidden or unknown conditions that would affect the cleaning and restoration process used by Alley Cat; therefore, Client agrees that Alley Cat shall not be responsible for any damages caused by any pre-existing conditions. Client further acknowledges that new materials used in restoration may not precisely match existing texture, type, material, or color. Prior to Alley Cat’s arrival, Client shall notify Alley Cat of any preexisting dangerous, defective, or damaged conditions. Client shall remove all valuables and breakable items from the area where services may be performed. Client shall be responsible for any loss or damage resulting therefrom.
You also must inform us of the location of pipes, wires, equipment, or hazardous materials. Unless informed, we will decide where to drill holes and install equipment. We will use reasonable care to avoid concealed items but have no way to determine with certainty if any exist. All costs to repair or replace pipes, wires, equipment, walls, ceilings, floors, or furnishings shall be your sole responsibility. If asbestos or other hazardous materials are found during installation, we will stop all work until you have, at your sole expense, obtained clearance from a licensed asbestos or hazardous waste removal contractor that no danger exists. We will not be liable for the discovery of, exposure to, or abatement of asbestos or other hazardous materials.
Client’s insulation, ceiling, ducting, plumbing, roofing, gutters, and any personal items may have pre-existing damage. Alley Cat assumes no responsibility for pre-existing damage, including but not limited to electrical wiring, plumbing, including water lines, drain lines, gas lines, electrical lines, or any other prior infrastructure and construction code violations, and no responsibility for cracks, chipping, or other damages to floor, walls, wood trim, or other woodwork, stucco, plywood caused by, in whole or in part, pre-existing damage.
Attics equipped with pressurized fire sprinkler system and/or cross-linked polyethylene (PEX) pressurized water supply: If your home is equipped with a pressurized fire sprinkler system and/or (PEX) polyethylene pressurized water supply system, you are advised to employ a licensed C-16 fire protection contractor and/or C-36 plumbing contractor to drain and disable the pressurized system(s) before our employees or subcontractors can gain access to the attic for any inspections, repairs or treatments. Clients must inform Alley Cat that the sprinkler has been drained prior to the work being performed. Due to the fragility of pressurized fire sprinkler systems and/or (PEX) polyethylene pressurized water supply systems, we cannot accept responsibility for water damage that may be caused inadvertently by our activities in the attic. Your C-16 fire protection contractor and/or licensed C-36 plumbing contractor will need to inspect and re-establish the systems after we have finished the work you have hired us to do in the attic.
WARRANTIES AND LIMITATION OF DAMAGE:
Alley Cat warrants to Client (and to no other person or entity) that all work will be completed in a good and workmanlike manner in accordance with Alley Cat’s standard practices. Client understands and agrees that these cleaning and restoration services may not totally clean or remove all contaminants, odors, stains or damages in all areas, even after diligent and reasonable efforts by Alley Cat, and Client agrees that no such guarantees, warranties or representations, as to results or levels of decontamination, cleanliness or restoration are made by Alley Cat except as stated in writing in this Agreement.
Further, please note that rodents will find any small route of entry, and although there are no appearances of holes, they may or will create one. Therefore, our hole-sealing service is not guaranteed to prevent rodents from returning.
In the event of any defect in the services provided by Alley Cat, Client’s exclusive remedy shall be correction of same by reservice, retreatment, adjustment, or repair by Alley Cat. All warranties are void if the reservice, retreatment, adjustment, or repair is performed by Client, the homeowner, or any third party without Alley Cat’s written permission. Alley Cat does NOT guarantee or warranty work done by others, regardless of whether or not Alley Cat recommended such work, including work done by the Client or the homeowner. There will be a charge for all re-inspection.
The Client hereby warrants complete cooperation with Alley Cat during this contract’s term and agrees to maintain the treated area(s) free from any factors that could contribute to infestation, such as pet food, trash, fallen fruit, or standing water under pier type structures. The Client also agrees to promptly rectify any faulty plumbing, leaks, or dampness from drains or roofs in the treated area(s). If rodent damage results from faulty roofs, the cost of repairs is the sole responsibility of the owner, not Alley Cat.
Should the Client fail to correct any condition that may contribute to the infestation, Alley Cat reserves the right to terminate this contract. Alley Cat is not liable for any damage caused to the structure(s) treated due to these conditions. Upon notice of termination to the Customer, Alley Cat is released from any further obligations under this Contract.
THIS IS A LIMITED WARRANTY AND IS EXCLUSIVE AND IN LIEU OF All OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, HABITABILITY, WORKMANSHIP, OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY DENIED BY Alley Cat AND WAIVED BY CLIENT. IN NO EVENT SHALL Alley Cat BE LIABLE TO CLIENT UNDER ANY THEORY FOR ANY ANTICIPATED OR LOST PROFITS OR ANY INCIDENTAL OR CONSEQUENTIAL LOSS, AND Alley Cat’S MAXIMUM LIABILITY TO CLIENT FOR ANY LOSS OR DAMAGE ARISING FROM THE SERVICES RENDERED BY Alley Cat SHALL NOT EXCEED THE AMOUNT OF THE CONTRACT PRICE PAID BY CLIENT FOR THE SERVICES RENDERED HEREIN.
The Client is hereby notified that potential health risks may arise due to the application of cleaning agents, deodorizers, sanitizers, micro biocides, or any other chemicals utilized in the services as outlined in this agreement. The Client acknowledges having read a copy of the Safety Data Sheets (SDS) – as provided by the manufacturers – for the chemicals used in performing the services. These SDS can be accessed at AlleyCatusa.com/product-info.
he Client further acknowledges and accepts the risks as detailed herein.
The Client, in understanding the potential risks associated with the chemicals used, hereby releases and forever discharges Alley Cat, its agents, principals, owners, shareholders, directors, managers, and employees from any and all claims, whether known or unknown, pertaining to injuries, damages, or health issues that may arise as a result of the application of these chemicals. This release includes but is not limited to, any claims of negligence against Alley Cat or any of the aforementioned parties.
DELAY/INTERRUPTION IN INSTALLATION:
Client agrees to allow all treated surfaces to dry, set in before allowing people and pets to come in contact with the treated area; to provide access to the property on the day of service; that it is the responsibility of the Client or Client’s agent to disclose any known defects or repairs made that may conceal hidden damages, infestations or infections of the structure (s) that may not be given in this report; notify us of any changes to the Premises equipment. We shall not be liable for any delay in the installation or completion of services or for the consequences of delay, regardless of cause or origin, including, without limitation, weather, strikes, riots, floods, storms, earthquakes, fire, power failures, equipment failures, insurrection, terrorist attack, military action, interruption or unavailability of telephone, cable, radio, cellular, Internet, or other transmission services, acts of God, or for any other cause, regardless of origin, beyond our control. We will not be required to provide installation or any other services to you during these periods.
If Client causes the delay or interruption of service, Client shall pay a trip charge of $495 as liquidated damages. Delays or interruptions caused by Client may include but are not limited to failing to remove hazardous materials (e.g., asbestos), failing to remedy hazardous conditions (e.g, exposed electrical wires), failing to remove pests, vermin, or vicious animals (e.g, raccoon, snake) failing to provide access to the property or attic, allowing materials to block access to the property or attic, or any other condition over which the Client has substantial control.
DISPUTE RESOLUTION/LIMITATIONS OF ACTIONS:
MECHANICS LIEN RELEASE:
MECHANICS LIEN WARNING.
PROTECT YOURSELF FROM LIENS.
PAY WITH JOINT CHECKS.
Information about the Contractors’ State License Board (CSLB).
NO OTHER AGREEMENTS OR REPRESENTATIONS:
This Agreement and any attachments hereto constitute the complete and exclusive statement of the agreement between the parties with respect to the subject matter hereof and shall supersede all proposals, all prior agreements and representations, oral or written, and all communications between the parties relating to the subject matter hereof. No representative of Alley Cat has the authority to make representations, guarantees, warranties, agreements, or other promises other than what is set forth in this Agreement, and this Agreement shall not be varied by any agreement or representation other than an instrument in writing executed by the duly authorized officer of Alley Cat and Client. Alley Cat terms and conditions of this Agreement shall insure to the benefit of and be binding upon the parties hereto, their respective heirs, representatives, successors and assigns.
Sales are not final, and Alley Cat Management reserves the right to cancel any estimate before the work starts. The total price does not include city permits, this will be paid by the homeowner (unless written otherwise under the Estimate). This estimate is valid for up to 30 days.
You are entitled to a completely filled-in copy of this agreement, signed by both you and the contractor, before any work may be started.
Please note that these Terms & Conditions are subject to change without prior notice at the sole discretion of Alley Cat, Inc. We strongly advise clients to regularly check our website, www.alleycatusa.com, to stay informed about any updates to our terms and policies.
THREE-DAY RIGHT TO CANCEL:
As a valued customer, we want to ensure that you are aware of your rights when it comes to canceling a contract. In compliance with the law, we are required to provide you with a notice that outlines your right to cancel. To have a clear understanding of these terms, we encourage you to download and review the printable version of our Service Terms & Agreement.
Our Service Terms & Agreement document provides comprehensive information regarding your rights and obligations as a customer, including the specific guidelines for canceling a contract within the designated timeframe. We believe in transparency and want to make sure you have all the necessary details to make an informed decision.
To access the printable version of our Service Terms & Agreement, simply click the Printable Version button below. If you have any questions or require further clarification, our dedicated customer support team is available to assist you.