This Agreement (hereinafter called “Agreement”) is made by and between the person
or entity named under “Client Information” (hereinafter called “Client”) and Tech Hourly,
LLC (hereinafter called “TH”) for the benefit of each. The client explicitly acknowledges that this agreement is for TH to supply services on a time and materials basis only unless otherwise spelled out in additional contractual documents. Mutual Obligations and Cooperation – TH agrees to sell to Client and the Client agrees to purchase from TH the labor and supporting materials where necessary under the terms and conditions stated herein. The parties hereto agree to faithfully execute their respective obligations hereunder. In the execution of this Agreement, the Client and TH commit at all times to cooperate fully with each other, and to proceed on the basis of trust and good faith.
Arbitration Clause - This Agreement and all actions arising out of or in connection with this Agreement shall be governed by and construed in accordance with the laws of the State of Alabama, without regard to the conflicts of law provisions of the State of Alabama or of any other state. Each party hereby agrees to waive its, his or her rights to a jury trial of any claim or cause of action based upon or arising out of this Agreement. All disputes, litigation, proceedings or other legal actions by either party in connection with or relating to this Agreement (collectively, “Disputes”) shall be instituted in the courts of the State of Alabama, or of the United States in the State of Alabama, in either case, sitting in Jefferson County in Birmingham, Alabama. Each party irrevocably submits to the exclusive jurisdiction of the courts of the State of Alabama, and of the United States sitting in the State of Alabama, in connection with any such dispute, litigation, action or proceeding. Each party may receive service of process or summons in connection with any such dispute, litigation, action or proceeding brought in any such court by a mailed copy of such process or summons sent to it at its address set forth on the signature page hereto. Each party irrevocably waives, to the fullest extent permitted by applicable law, any defense or objection such party may now or hereafter have to the laying of venue of any proceeding under this Agreement brought in the courts of the State of Alabama or of the United States in the State of Alabama, in either case, sitting in Birmingham, Alabama, and any claim that any proceeding under this Agreement brought in any such court has been brought in an inconvenient forum. Any notices or consents required or permitted by this Agreement shall be in writing and shall be deemed delivered if delivered in person or if sent by certified mail, postage prepaid, return receipt requested, to the applicable address 3168 Pipe Line Rd Birmingham, AL 35243 unless such address is changed. Client agrees to appoint one person only, The Client agrees to appoint a representative to act as the “Client Representative” and to be the sole person authorized to make changes on behalfof the Client. Unless otherwise stated in writing, that person shall be the person placing this order on behalf of the Client. This person shall be responsible for providing client-supplied information and approvals while the technician is on-site. The Client Representative shall provide TH with prompt notice if (s)he observes any failure on the part of TH to fulfill its contractual obligations, including any errors, omissions or defects in the performance of the Work. Client shall provide reasonable assistance to TH in obtaining any governmental approvals as TH may require for expediting and
executing the Project. Duty to Cooperate - The Client shall, throughout the performance of the Work, cooperate with TH so it can perform its responsibilities, obligations and services in a timely manner. The Client shall provide timely reviews and (where required) approvals of submittals, interim design submissions and Construction Documents.
TH shall at all times exercise complete and exclusive control over the means, methods, sequences and techniques of construction for TH systems. Other Trades - TH is not responsible for the work of other trades working in support of TH or otherwise engaged on the same construction site and or project. Any damage to TH's work by the Owner or by third parties known or unknown, shall not be repaired without additional charge by TH. Warranty - TH warrants to Client that the labor and workmanship furnished by TH shall be of good quality and that materials furnished by TH as a part of the construction, shall be new unless otherwise specified or agreed by the Client or specified by this or additional supporting documents.
TH shall at all times exercise complete and exclusive control No warranty claims will processed until the client has paid all invoices and any change orders due for the systems in full. Specifically excluded from this warranty are any existing or owner-furnished equipment which TH integrates as part of the Project. Such equipment is under no warranty from TH WHATSOEVR. Further, this warranty specifically excludes defects caused by abuse, damage, alterations, or failure to maintain the Project by persons other than those employed by TH. Nothing in this warranty is intended to limit any manufacturer’s warranty which might provide Client with greater warranty rights than set forth in this Section. NO OTHER WARRANTIES ARE EXPRESSED OR IMPLIED INCLUDING ANY WARRANTIES OF MERCHANTABILITY. Correction of Defective Work is a THG’s sole discretion under the Warranty. CONSEQUENTIAL DAMAGES NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, NEITHER THNOR CLIENT SHALL BE LIABLE TO THE OTHER FOR ANY CONSEQUENTIAL LOSSES OR DAMAGES, WHETHER ARISING IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO LOSSES OF USE, PROFITS, BUSINESS, REPUTATION
OR FINANCING. Client’s Separate Contractors The Client may at any time contract or approve concurrent contracts for performance of other work on, nearby, or within the same area as TH , however, such work shall be coordinated by the Client so as to minimize interference with access to the site by TH . Should interference occur TH may assess additional fees.
Insurance – TH maintains, from insurance companies authorized to do business in the State
of Alabama, standard Workman’s Compensation and Liability Insurance policies and will furnish
certificates issued by these companies upon request. The costs of any insurance coverage
which the Client requires in excess of the limits already maintained by TH shall be paid by the
Client. TH will cause the Client to be listed as an additional named insured on its policies and will provide Client with certificates of insurance naming Client as an additional named insured
upon request. Risk of Loss TH shall bear all risk of loss or damage to goods or materials purchased but not yet delivered to the Project site, including goods or materials in transit, in storage or in the possession of third parties designated by TH. Client shall bear all risk of loss or damage to goods and materials delivered, stored or installed at the Project site. Each party agrees to maintain such policies of insurance as may be necessary to cover all costs of repair or replacement associated with the foregoing allocation of risk. Time Both TH and the Client acknowledges that time is of the essence in completion of the Project.
The Terms of Payment - Unless specifically called out in a separate contract payment due immediately after the service via Credit Card while the technician is on-site.
Force Majeure Neither party to this agreement shall be liable for failure to perform the party's
obligations if such failure is as a result of Acts of God (including fire, flood, earthquake, storm,
hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labor dispute, strike, lockout or interruption or failure of electricity, telephone or internet service. No party is entitled to terminate this Agreement under such circumstances. Notice Whenever notice needs to be provided to the other party, notice will be deemed to have been validly given: (i) if delivered in person to the individual intended to receive such notice; (ii) four (4) days after being sent by registered or certified mail, postage prepaid to the address indicated in the Agreement; or (iii) if transmitted by facsimile or email, by the time stated in a machine generated confirmation that notice was received at the facsimile number of the intended recipient, provided, however, that the intended recipient is present to receive the facsimile and the transmittal is immediately followed by a hard copy delivered in
accordance with (i) or (ii) above. By continuing on through the purchase process the “Client does herby agree to all terms set forth in this Agreement whether performed by themselves, their representative or a TH sales agent on their behalf. The Client does herby grant a TH Sales Agent authorization to act on their behalf upon verbal authorization.
Tech Hourly, LLC- Standard Terms and Conditions Revised 01/11/2018
COLLECTION OF PERSONAL INFORMATION
When you use our Products or Website, you may be asked for personally identifiable information such as your name, address, email address, and telephone number.
By giving us such information, you will need to consent by using it in the manner described in this policy.
You may withdraw your consent at any time by emailing us at firstname.lastname@example.org. We will return or destroy your personal information within five days of receipt of your withdrawal of consent.
All security on our Website is treated seriously. Where applicable, we undertake security steps, including use of SSL technology, on our back-end systems that store customer account information and to protect data transmissions. However, this is not a guarantee that such data transmissions cannot be accessed, altered or deleted due to firewall or other security software failures.
If you have any further concerns about security, please email our Customer Service team at email@example.com
The term 'Tech Hourly LLC' or 'us' or 'we' refers to the owner of the website whose registered office is 3168 Pipe Line Rd Birmingham, AL 35243. The term 'you' refers to the user or viewer of our website.
1. The content of the pages of this website is for your general information and use only. It is subject to change without notice.
3. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
4. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
5. This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
6. All trade marks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offense.
Our refund policy is All Sales are Final.
Exchanges (if applicable)
DO NOT CONTACT TECH HOURLY FOR MANUFACTURER DEFECTIVE PRODUCTS. CONTACT MANUFACTURER FIRST. We only exchange items that are defective or damaged by Tech Hourly, LLC’s own installation. If you feel Tech Hourly, LLC’s installation damaged a product we sold you then please send us an email at firstname.lastname@example.org. If after we review your case and we at our sole discretion determine that Tech Hourly, LLC might be at fault we will then issue you Case #. This number will be used to reference you Case. In this scenario you will then be asked to send your item to: 3168 Pipe Line Rd Birmingham, AL 35243 with the Case# referenced on the package. Once we receive the package and inspect the product for damage we will at our sole discretion make the final determination whether to replace that product or send the package back to the return address listed on the package label.
Our products are shipped within 10 Days using the following carriers: Tech Hourly Delivery, UPS, FEDEX or the U.S. Postal Service. To exchange your product, you should mail your product to: 3168 Pipe Line Rd Birmingham, AL 35243. You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. Depending on where you live, the time it may take for your exchanged product to reach you, may vary. If you are shipping an item over $50, you should consider using a trackable shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your returned item.