TERMS AND CONDITIONS
E2 Home Solutions stands behind our work and believes that transparency is crucial to building strong relationships. Below are our General Terms and Conditions, which you should read before doing business with our company.
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INTERPRETATIONS & DEFINITIONS
a. “E2 Home Solutions” or “Company” refers to E2 Home Solutions, its officers, directors, employees, agents, affiliates, successors, and assigns.
b. “Customer” or “you” refers to the individual(s) or entity purchasing Products and/or Services from the Company, including any authorized agents, successors, or assigns.
c. “Agreement” refers collectively to these Terms and Conditions, the Work Order (sometimes referred to as a proposal, estimate, or contract), any Warranties, any Finance Acknowledgement Addendum, and any Addenda or written changes referencing and incorporating these Terms and Conditions.
d. “Product(s)” refers to all goods or materials purchased by the Customer from the Company, including but not limited to windows, doors, roofing materials, siding, or other home improvement or remodeling items.
e. “Services” refers to all labor, installation, and related tasks provided by the Company pursuant to this Agreement.
f. “Manufacturer” refers to the original maker or supplier of the Product(s).
g. “Work Order” refers to the specific description of Product(s) and Services to be provided, including pricing, timelines, and any special instructions.
h. “Warranty” or “Warranties” refers to the Manufacturer’s Warranty and the Company’s Installation Warranty.
i. “Force Majeure” refers to circumstances beyond the reasonable control of the Company, including but not limited to natural disasters, governmental actions, and labor disruptions.
j. “SMS Terms” refers to the terms and conditions governing the Customer’s consent to receive text messages from the Company. -
GENERAL TERMS AND CONDITIONS
a. Force Majeure: E2 Home Solutions shall not be liable for late delivery or failure to deliver any portion of the Product(s) or complete Services due to Force Majeure events or other causes beyond its reasonable control. Such causes may include, but are not limited to, manufacturer back orders; federal, state, or municipal actions or regulations; strikes or labor disputes; riots or other civil disturbances; inability to secure raw materials or supplies; acts of God (flood, earthquake, fire, etc.); or any other circumstance that prevents or hinders the timely delivery of Product(s) or performance of Services under this Agreement.b. Entire Agreement: This Agreement (including these Terms and Conditions, the Work Order, any Warranties, any Finance Acknowledgement Addendum, and any Addenda) constitutes the entire agreement between E2 Home Solutions and the Customer regarding the Products and Services. It supersedes all prior discussions, understandings, representations, or agreements, whether oral or written. No course of dealing between the parties or usage of trade shall supplement, explain, or vary the terms of this Agreement. Any modifications to this Agreement must be made in writing and signed by both the Company and the Customer.
c. Authority of Agents: No agent, employee, or representative of either party has the authority to bind the other party to any affirmation, representation, or warranty inconsistent with this Agreement. Any such affirmation, representation, or warranty not expressly included herein shall not be enforceable.
d. Applicable Law: The validity, construction, and performance of this Agreement shall be governed by the laws of the State of Wisconsin, without regard to its choice-of-law provisions. Any legal action arising out of this Agreement shall be filed in a court of competent jurisdiction in Wisconsin, unless otherwise required by law.
e. Arbitration of Disputes: To the extent allowed by law, the Customer agrees that any controversy, claim, dispute, or disagreement arising out of or relating to this Agreement shall be submitted to binding arbitration in accordance with the rules of the American Arbitration Association. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. Either party may seek equitable relief from a court of competent jurisdiction when necessary to preserve or enforce its rights under this Agreement.
f. Severability: If any provision of this Agreement is held to be invalid or unenforceable by a court or arbitrator of competent jurisdiction, such holding shall not affect the validity or enforceability of the remaining provisions, which shall continue in full force and effect.
g. Assignability: Neither the Customer nor the Company may assign or transfer any right or obligation under this Agreement (including any financing arrangements or promissory notes) without the prior written consent of the other party. This Agreement shall be binding upon and inure to the benefit of the parties and their successors, heirs, administrators, executors, and permitted assigns.
h. Remedy for Breach: In addition to any other remedies available at law or in equity, the Customer agrees to pay the Company’s actual reasonable attorneys’ fees and court costs arising from any breach of this Agreement by the Customer. Further, the entire balance under this Agreement shall become immediately due and payable if the Customer fails to comply with any term of this Agreement or its Addenda.
i. Payment Terms (Recommended Addition): Unless otherwise specified in the Work Order or an Addendum, payment for Products and Services is due according to the payment schedule stated therein. Failure to remit payment under these terms may result in project delays, additional fees, or legal action.
j. Right to Cancel (Recommended Addition): If required by applicable law (for instance, certain home improvement regulations or a “Cooling-Off Rule” for in-home sales), the Customer may have a legal right to cancel this Agreement within a specified timeframe (often three business days). The Company will provide the required notices and forms if and where such rules apply.
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WARRANTIES
a. Manufacturer’s Warranty- The Manufacturer of the Product(s) may provide a written Manufacturer’s Warranty. This will be provided at or prior to installation or delivery of the Product(s).
- E2 Home Solutions will service the Manufacturer’s Warranty by providing labor, parts, and materials necessary to repair or replace Product(s) under the terms of that warranty.
- If the Manufacturer covers repair or replacement of Product(s) but not labor, E2 Home Solutions will provide labor at the same percentage rate of coverage as the Product warranty.
- The Company reserves the right to refuse service on Product(s) where the Manufacturer’s Warranty has expired.
b. Installation Warranty
- E2 Home Solutions warrants its installation for life to be free from defects due to improper installation.
- This warranty covers defects directly caused by faulty or improper installation.
- The warranty does not cover failures or damages caused by misuse, abuse, neglect, fire, lack of or improper maintenance (e.g., re-caulking, re-sealing), condensation or humidity arising from building conditions, building settling, explosions, floods, lightning, or other external forces outside the Company’s control.
- For valid claims, E2 Home Solutions will provide labor and materials necessary to correct the defect for the original purchaser.
c. Standard Warranty Service Fee
- A service fee may be charged (once per claim) when a Company representative must visit the Customer’s home for warranty-related repairs or replacements.
- The fee is based on prevailing costs at the time of service.
- The service fee is waived for one year from the date of installation or delivery and for up to two claims per year after that period.
d. Exclusion of Warranties
- No express warranties exist other than those provided in the Manufacturer’s Warranty and the Installation Warranty.
- Any implied warranties of merchantability or fitness for a particular purpose are hereby disclaimed.
- No other warranties or representations, express or implied, are made by the Company or imposed by operation of law.
e. Limitation of Remedies
- If E2 Home Solutions determines there is a valid defective Product(s) claim under the Installation Warranty, E2 Home Solutions may, at its option, repair or replace the defective part or portion, including materials and labor.
- The Company reserves the right to refund the original contract sales price instead of providing a repair or replacement.
- E2 Home Solutions’ maximum liability from any cause whatsoever, whether in contract, tort (including negligence), strict liability, or otherwise, shall not exceed the purchase price of the Product(s).
f. Disclaimer of Consequential Damages
- Under no circumstances shall E2 Home Solutions be liable for consequential, special, or incidental damages, including any damage to property, loss of profits, or other economic losses related to Products or Services provided under this Agreement.
g. Performance of Warranty Obligations
- E2 Home Solutions shall perform its warranty obligations within 180 days after the Customer submits a valid warranty claim.
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SMS TERMS AND CONDITIONS
a. Program Description: By opting in, you consent to receive text messages (SMS/MMS) from E2 Home Solutions regarding quotes, estimates, service inquiries, appointment scheduling and confirmations, feedback requests, project updates, follow-ups, and marketing offers.
b. Program Frequency: Expect to receive approximately three messages per month.
c. Opt-Out: You may opt out of SMS communications at any time by texting “STOP” to the designated phone number. You will receive an SMS confirming that you have been unsubscribed, and you will no longer receive messages unless you opt in again.
d. Help: For help, reply with “HELP” or contact E2 Home Solutions directly.
e. Interruption: Carriers are not liable for delayed or undelivered messages. The Company is not responsible for technical failures or service interruptions beyond our reasonable control.
f. Costs: Message and data rates may apply for messages sent to you or received from you. Contact your wireless provider for details about your plan.
g. Privacy: For questions on how your personal information is used, please review our privacy policy or contact us for more details. -
ADDITIONAL PROVISIONS
a. Insurance and Permits- The Company maintains all licenses and insurance coverage required by law.
- Unless otherwise stated, the Company will obtain any necessary permits. The Customer shall provide reasonable access and cooperation needed for obtaining permits.
b. Site Conditions
- The Customer is responsible for ensuring the worksite is free from hazards and providing safe access.
- The Company is not liable for pre-existing structural or environmental conditions on the property (e.g., mold, asbestos, lead, or code violations) unless otherwise specified in writing.
c. Indemnification
- The Customer agrees to indemnify and hold E2 Home Solutions harmless from any claims, losses, or liabilities arising out of or related to the Customer’s negligence, willful misconduct, or breach of this Agreement.
d. Photo/Media Release (Optional)
- The Customer grants the Company permission to photograph or record the installation site before, during, or after project completion and to use such media in marketing or promotional materials. The Customer may opt out by notifying the Company in writing.
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ACKNOWLEDGMENT
By contacting and or entering into contract with the company, the Customer acknowledges having read, understood, and agreed to these Terms and Conditions, including any documents referenced (Work Order, Warranties, Addenda, and SMS Terms). The Customer further acknowledges having had the opportunity to ask questions and seek legal counsel if desired, before signing and or contacting E2 Home Solutions, LLC.