Terms and Conditions

Detailed Description: The Property will be improved according to this Agreement. Consumer agrees not to hire any of Contractor’s employees or subcontractors to do “side jobs” that relate to or are similar to the services provided by Contractor.

Authorizations: At no cost to Consumer, Contractor may communicate with and employ a third-party or in-house estimator to assist Contractor in estimating the Work. Consumer also authorizes and directs that any payments made for any part of the Work are to be made in Contractor’s name alone and to Contractor directly.

Modifications/Alterations: Any modification or alteration of the Work must be in writing and signed by Contractor and Consumer. All terms of this Agreement apply to any subsequent modification of the Work, unless otherwise stated.

Consumer’s Property: Consumer grants full access to the Property so Contractor may stage and complete the Work provided in this Agreement. Consumer is responsible for removing any fragile or valuable objects from the landscaping or exterior of the building and for securing pictures and valuables that may hang on interior walls or mantles of the home before Contractor commences work. Consumer is also responsible for removing personal or sensitive items, such as firearms, money, and medications, from the Contractor’s Work space. No Assignment. Contractor shall not assign any rights of the Consumer to any supplier or third parties. Photos of

Consumer’s Property: Consumer agrees to allow Contractor to photograph the Property to document the work pre- and post-completion. These photographs may be used by Contractor for marketing purposes as well as providing documentation for any supplements. Consumer

Protections: Contractor may utilize third-parties including vendors, subcontractors, and other persons to lease or furnish required materials, equipment, machinery, labor, and services in connection with this Agreement. Neither the Contractor nor a third parties described in the prior sentence may initiate or pursue a claim with the Consumer’s insurance company.

Warranties: Contractor provides all warranties required by Indiana Code section 32-27-1-12 applicable to the Work. All work will be completed in a workmanlike manner according to industry and manufacturer standards.

Warranty Claims: If Consumer discovers any defect or issue with the Work, Consumer must report a warranty claim to Contractor within forty-eight (48) hours of it becoming known. All claims or other complaints should be directed to the Contractor’s Representative listed on the front page at the address, email, and phone number shown on the front page, or to Contractor at the same address and phone number. Consumer has an obligation to mitigate damages. Cosmetic or Ornate

Changes: Consumer agrees that any cosmetic or ornate changes shall not unreasonably delay the commencement of Work.

Limitation of Liability: Contractor is not liable or responsible for noise or vibration on the Property due to performance of Work or for damages to personal property of Consumer. Contractor is not responsible for any damage to Consumer’s Property due to leaks caused by excessive wind, ice, air, or ice damming. Contractor is not responsible for damages resulting from fires, windstorms, or other hazards which are normally contemplated. In no event shall Contractor, its members, employees, or agents be liable to Consumer for incidental, indirect, special, or consequential damages. Unless otherwise prohibited by law, the parties agree that Contractor’s liability for any claim under any cause of action is limited and will not exceed the Agreement Price. Contractor is not liable for work or damage caused by other parties.

Cancellation: You may cancel this Agreement at any time before midnight on the third (3rd) business day after the later of the following: (1) The date this Agreement is signed by you and Contractor; or (2) if applicable, the date you receive written notification from your insurance company of a final determination as to whether all or any part of your claim or this Agreement is a covered loss under your Insurance Policy. See attached Notice of Cancellation form for an explanation of this right. You acknowledge that you were provided this form in duplicate.

Litigation: Except for warranty claims, any action against Contractor for breach of contract must be brought within two (2) years from the occurrence of the alleged breach. If Contractor has to sue or defend any litigation between Consumer and Contractor concerning any issue pertaining to the Agreement, including but not limited to nonpayment, defective workmanship, or breach of warranty, and Contractor is the prevailing party, then Consumer will be liable for all of Contractor’s reasonable costs and expenses incurred in connection with the litigation, including without limitation, court costs, reasonable attorneys’ fees, expert fees, and litigation expenses. Consumer will also be responsible for pre-judgment interest at a rate of 18% per annum or the maximum amount allowed by law. The parties agree that Indiana Law governs this Agreement and any lawsuit relating to this contract shall be brought in the county in which the Work was completed. The Consumer waives any right he or she may have to a trial by jury in respect to any litigation between Consumer and Contractor. Additionally, Consumer hereby waives any right Consumer has or may have in the future to initiate or join any class action against Contractor. Merger &

Severability: This Agreement and any attachments, exhibits, or other documents referenced herein represents the complete agreement between the parties. If any provision in this Agreement is found to be unenforceable, such provision shall be reformed or deleted and the remaining provisions of this Agreement shall remain in full force and effect. Force

Majeure: In the event that the Work cannot be performed due to circumstances outside Contractor’s control such as an act of God, fire, weather event, pandemic, or riot, Contractor is permitted to terminate the Agreement. Consumer(s) shall reimburse Contractor for all labor and material expenses Contractor has incurred.

Definitions: Unless herein defined, capitalized words used in this Agreement are defined as in Indiana Code 24-5-11, et. seq,.

Additional Terms and Conditions: The Rinder Electric LLC’s Additional Terms and Conditions attached hereto is incorporated by reference and hereby agreed to by Consumer. To the extent any provision in the Additional Terms and Conditions conflicts with this page’s Terms and Conditions, or conflicts with Indiana Code § 24-5-11 et seq. or any other law, then this page’s Terms and Conditions control.

CONSTRUCTION DEFECT STATUTORY NOTICE. INDIANA CODE 32-27-3 CONTAINS IMPORTANT REQUIREMENTS YOU MUST FOLLOW BEFORE YOU MAY FILE A LAWSUIT FOR DEFECTIVE CONSTRUCTION AGAINST THE CONTRACTOR OR BUILDER OF YOUR HOME. SIXTY (60) DAYS BEFORE YOU FILE YOUR LAWSUIT, YOU MUST DELIVER TO THE CONTRACTOR OR BUILDER A WRITTEN NOTICE OF ANY CONSTRUCTION CONDITIONS YOU ALLEGE ARE DEFECTIVE AND PROVIDE YOUR CONTRACTOR OR BUILDER THE OPPORTUNITY TO MAKE AN OFFER TO REPAIR OR PAY FOR THE DEFECTS. YOU ARE NOT OBLIGATED TO ACCEPT ANY OFFER MADE BY THE BUILDER OR CONTRACTOR. HOWEVER, IF YOU UNREASONABLY REJECT A REASONABLE WRITTEN OFFER AND COMMENCE AN ACTION AGAINST THE BUILDER OR CONTRACTOR, A COURT MAY AWARD ATTORNEY’S FEES AND COSTS TO THE BUILDER OR CONTRACTOR. THERE ARE STRICT DEADLINES AND PROCEDURE UNDER STATE LAW, AND FAILURE TO FOLLOW THEM MAY AFFECT YOUR ABILITY TO FILE A LAWSUIT