1. Scope of Work
These Terms and Conditions (“Terms”) govern all services provided by MK Lawrence Enterprises d/b/a Red Dirt Associates (“Red Dirt Associates”) to its clients (“Client” or “Clients”), including but not limited to electrical contracting, construction services, and other related services.
2. Service Area
Red Dirt Associates operates out of Lubbock, Texas, and provides services to clients in Texas, New Mexico, and Oklahoma. Any variation in terms due to local laws and regulations will be addressed in supplemental agreements as needed.
3. Proposals and Estimates
All proposals and estimates provided by Red Dirt Associates are valid for 30 days unless otherwise stated in writing. Proposals are based on the information provided by the Client at the time of preparation. Changes to the scope of work may result in adjustments to the cost and project timeline.
4. Payment Terms
4.1 Invoicing
- Invoices will be issued upon the completion of specific project milestones, as outlined in the project agreement, or upon completion of the project.
4.2 Payment Due Date
- Payment is due upon receipt of the invoice (invoice date) unless otherwise agreed in writing.
4.3 Late Payments
- Payments not received when due will incur a one-time late fee of $40 and a late payment assessment of 1.5% per month (18% annually) or the maximum rate allowed by applicable law, whichever is lower.
- Clients will be responsible for any collection costs, including attorney fees and court costs, if applicable.
4.4 Returned Checks
- A $30 fee will be charged for any returned checks due to insufficient funds or other reasons.
4.5 Payment Terms by Client Type
- Commercial Clients: For projects with an estimate exceeding $2,500.00, payments will be structured as follows:
- 30% of the estimate is due as a down payment.
- 30% is due upon the commencement of the job.
- 40% is due upon completion of the job.
- Residential Clients:
- For all residential service calls, the service call fee must be paid in advance via credit card. The credit card on file will be charged if the cost of services provided exceeds the service call fee.
- For projects with an estimate exceeding $1,000.00, payment will be structured as follows:
- 50% of the estimate is due as a down payment.
- 50% is due upon completion of the job.
5. Change Orders
Any changes to the scope of work must be agreed upon in writing by both parties. Additional costs and adjustments to the project timeline will be outlined in a formal change order.
6. Client Responsibilities
Clients are responsible for:
- Providing accurate information regarding the project requirements and site conditions.
- Ensuring site access for Red Dirt Associates’ personnel, equipment, and materials.
- Obtaining necessary permits unless otherwise specified in the project agreement.
7. Warranties
Red Dirt Associates warrants that all work will be performed in a professional and workmanlike manner consistent with industry standards. This warranty is valid for 12 months from the completion date of the project. Exclusions include:
- Normal wear and tear.
- Damage caused by misuse, neglect, or acts of God.
- Materials or equipment supplied by the Client or third parties.
8. Liability and Insurance
Red Dirt Associates carries appropriate liability and workers’ compensation insurance as required by law. Copies of insurance certificates are available upon request. Red Dirt Associates is not liable for:
- Delays caused by unforeseen circumstances, including but not limited to weather, labor strikes, or supply chain disruptions.
- Indirect, incidental, or consequential damages arising from the project.
9. Force Majeure
Red Dirt Associates shall not be held liable for any failure to perform its obligations due to events beyond its reasonable control, including but not limited to natural disasters, pandemics, or governmental restrictions.
10. Termination
Either party may terminate the agreement upon written notice if the other party breaches its obligations under these Terms and fails to remedy the breach within 15 days of receiving written notice.
11. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles. Any disputes shall be resolved in the courts located in Lubbock County, Texas.
12. Entire Agreement
These Terms, along with any associated project agreements, represent the entire agreement between Red Dirt Associates and the Client. Any amendments must be made in writing and signed by both parties.
13. Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
