Terms + Conditions

 

Notice to Owner

Under the Texas Mechanic’s and Materialman’s Lien Law any contractor, subcontractor, laborer, supplier, or other person who helps to improve your property, but is not paid for his/her work or supplies, has a right to enforce a claim against your property. A Lien may be placed on your property if any person furnishing material or labor executes a written contract that sets for the the term of the agreements. This means that after a court hearing, your property could be sold by a court officer and the proceeds used to satisfy indebtedness.

To preserve their right to file a claim or lien against your property, certain claimants such as subcontractors or material suppliers are required to provide you with a document entitled “Lien Affidavit”. A Lien Affidavit is not a lien against your property. Its purpose is to notify you of persons who may have a right to file a lien against your property if they are not paid. (Generally, the maximum time allowed for filing a claim or lien against your property is one hundred twenty (120) days after completion of your project.

 

Responsibilities of customer

Customer agrees to hold Brazos Home Services harmless for the discovery of any of the following defective conditions:

  1. Improper or faulty plumbing

  2. Rusted or defective pipes

  3. Acids in the drain system

  4. Lines that are settled or broken

  5. Existing illegal conditions

  6. Improperly charged systems

  7. Faulty air movement

  8. Defective Roofing

  9. Existing mold

  10. Electrical defects

  11. Improper or faulty electrical
     

The customer is required at their expense to do all work and other acts to meet all conditions necessary to allow Brazos Home Services to complete the work as provided in this agreement.

 

Responsibilities of
Brazos Home Services
– Conditions and Limitations

Brazos Home Services shall do all work in a good skillful manner. Brazos Home Services is not responsible for any existing illegal conditions or mold conditions.

 

Limited warranty

Brazos Home Services warrants its work to be free from defects in material and workmanship for the warranty period of three hundred sixty-five days from completion unless otherwise stated in writing on the face hereof. All warranties are void if payment is not made when due. Warranties extend to the customer only and are not transferable. All drain stoppages are warranted for a period of thirty (30) days from the completion unless otherwise stated in writing on the face hereof. If a defect in materials or workmanship covered by this warranty occurs, Brazos Home Services will, with reasonable promptness during normal working hours, remedy the defect. In no event shall Brazos Home Services be held liable for water or other incidental or consequential damages caused by any delay in remedying a defect. To obtain warranty performance notify Brazos Home Services of any defect of claims for a breach at the address and telephone on the face hereof.

“This contract is subject to Chapter 27 of the Texas Property Code. The provisions of that chapter may affect your right to recover damages arising from the performance of this contract. If you have a complaint concerning a construction defect arising from the performance of this contract and that defect has not been corrected through normal warranty service, you must provide the notice required by Chapter 27 of the Texas Property Code to the contractor by certified mail, return receipt requested, not later than the 60th day before the date you file suit to recover damages in a court of law or initiate arbitration. The notice must refer to Chapter 27 of Texas Property Code and must describe the construction defect. If requested by the contractor, you must provide the contractor an opportunity to inspect and cure the defect as provided by Section 77.004 of the Texas Property Code.”

 

Exclusions and limitations

Customers right to repair and replacement are the exclusive remedies, and Brazos Home Services shall not be liable for incidental or consequential damages resulting from the materials provided for in this contract. Brazos Home Services is not responsible for the following which is excluded from the coverage of this limited warranty:

  • Mold or defective conditions listed under the above “Responsibilities of the customer.”

  • Work performed by or materials installed by the customer or a customer designated third party.

  • Defects and failures from mistreatment or neglect.

  • In exchange for the plumbing services to be rendered by Brazos Homes Services the customer certifies and agrees that the plumbing services may have a risk of mold and the customer expressly intends to assume the risk of damages and injury, if any, resulting from any and all mold-related damages resulting from the plumbing services.

  • Warranty does not apply to labor when the material is not supplied by Brazos Home Services.

  • City Tap and riser are not covered by this Limited Warranty.

This limited warranty is the only express warranty Brazos Home Services gives. IMPLIED WARRANTIES, including, but not limited to, warranties of merchantability and fitness for a particular purpose, are limited to a duration of ninety (90) days from the date of completion.

 

Protection of customer’s property

Customer agrees to remove or protect any personal property, inside and out, including but not limited to, carpets, rugs, shrubs, and planting, and Brazos Home Services shall not be responsible for said items. Nor shall Brazos Home Services be held responsible for the natural consequences of work which may cause damage to improvements to real property including, but not limited to, curbs, sidewalks walks, driveways, garages, patios, lawns, shrubs, sprinkler systems, and other appurtenances to the residence of other real property. Brazos Home Services shall not be held responsible for damage to personal property, real property, or improvements to real property caused by persons delivering materials or equipment or keeping gates and doors closed for children and animals.

 

Entire agreement

This is the entire agreement. The parties are not bound by any oral expression or representation by any commitment or arrangement not set forth herein. The agreement binds jointly and severally all signing as Customer, their heirs, representatives, successors and assigns.Brazos Home Services will not provide an itemized breakdown of materials and labor for flat rate prices work. However, Brazos Home Services will provide an itemized list of all materials used to perform the necessary repair only upon request.