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VENDOR TERMS
These Terms apply to Work authorized by Real Property Management Talent (“hereafter Client”) and accepted by Vendor, (“hereafter the “Vendor”) in an approved Work Order issued by Client:
WHEREAS, Client is in the business of residential property management and Vendor is in the business of general residential maintenance and home repair services; and Vendor is willing to provide such services in accordance with these Terms;
NOW, THEREFORE, in consideration of the foregoing and by accepting any Work Order, the Vendor hereby agrees as follows:
1. Services. Vendor shall perform the following services:
Scope of Work. The specific scope of work shall be detailed on a Work Order or Change Order issued to Vendor describing the work (“Work”). The Scope of Work may be to provide an estimate of Work, to perform Work, or to perform warranty Work; however, no Work shall be performed until a “notice to proceed” is authorized in an approved Work Order.
Change Orders. No additional Work or change to a Work Order shall be performed unless specifically approved by Client and documented in a written Change Order or Work Order.
2. General Conditions.
Insurance, Licenses and Other Documentation. Vendor shall keep insurance and licenses current and provide insurance certificates to Client annually and notify Client of any changes or cancellations. Vendor shall provide Client with a current copy of trade licenses, a declaration of Workers Compensation insurance and proof of $500,000 of Liability insurance listing Client as “Additional Insured” prior to performing Work.
Tax Information. Vendor shall provide Client with a current year’s signed W9 form with Vendor’s TIN prior to rendering service. Failure to provide a matching TIN will result in backup withholding of 24%.
Permits and Building Code. Vendor is responsible for obtaining all permits and approvals from regulatory bodies to perform the Work. All Work shall comply with local building and zoning codes.
Professionalism. All Vendor personnel shall be dressed appropriately for the work to be performed, shall be equipped with necessary safety equipment, personal protection, shoe covers, and shall present tenant with company credentials upon arrival at the jobsite. Vendor shall not use foul or vulgar language or be discourteous in any way.
Site Conditions. Vendor agrees that they have been to the jobsite and inspected the conditions and agree that there are no un-known conditions not specifically disclosed which will result in additional costs in completing the Work.
Site Protection. Vendor shall equip their workers with shoe covers and masks and shall provide additional protection material or systems to prevent any damage to the site, and to contain dust, particles, debris, vapors, or hazardous fumes from escaping the work area (including ductwork). Failure to provide such protection will result in chargeback to Vendor for cleaning or repair.
Approvals. Unless otherwise authorized, Vendor shall submit to Client for approval all equipment, fasteners, or material specifications prior to installation.
Testing. Upon completion of the Work, operational and functional testing shall be performed to ensure complete, accurate, and quality work has been completed. Client may review, and where appropriate, test the completed service for conformity to the specifications and warranties, implied and explicit. If the Client claims that there is a failure to conform to such specification and /or warranties, the Client shall promptly notify Vendor of such nonconformance, and Vendor will promptly take all steps necessary to affect conformance.
Debris Removal and Completing Work. Vendors shall provide their own dumpsters and portable restroom if necessary. During the Work, Vendor shall keep the job-site neat and orderly, safe and free of hazardous conditions. At the end of each workday, Vendor shall leave the site “broom clean” and in a safe condition. At the completion of the Work, all containers, vessels, debris, and site protection materials shall be removed promptly. At the end of each workday, Vendor shall ensure all windows and exterior doors are secured, and A/C or heat has been restored to previous settings upon arrival. Failure to do so may result in a charge back for excess utility usage. All keys must be immediately returned to the provided lockbox or to the office. KEYS MAY NOT BE RETAINED OFF-SITE OVERNIGHT, or Vendor may be held responsible for a re-key of the premises.
Warranty. Vendor shall provide a two (2) year workmanship warranty unless otherwise agreed.
Specified Suppliers. If specified on a Work Order, Vendor shall use the material supplier and Client account number and Work Order number for material purchase.
Documentation. If any equipment, material, appliance, mechanical, or electrical devices are installed and included any service or warranty documentation, such documentation shall be sent to Client.
Communication. With the exception of coordinating schedule times to perform the Work, Vendor, Vendors employees or agents shall direct all communication about any work to be performed the Client only.
Tenant caused damage. Vendor shall notify Client if the damage or repair is likely caused by tenant due to neglect, improper use, foreign objects, damage caused by force, or other cause.
Miscellaneous. Unless otherwise authorized by Client, all work:
- Shall meet standards of quality generally accepted in the industry;
- Shall be performed to match existing materials, finishes and surfaces with like kind;
- Shall use fasteners and attachment methods that are appropriate, durable, and of lasting quality; and,
- Shall use materials that match existing materials or use materials that are suitable for the job and of such quality to match existing character of the property.
3. Time is of the Essence. Each party will report delays or anticipated delays as they occur and will make every reasonable effort to correct the situation. The work shall be performed in a timely manner and in accordance with the following timeline (time is of the essence):
Emergency Work. In an emergency, as noted on the Work Order, the Client deems a timely manner to be immediately or as soon as possible, and Vendor shall contact the tenant within 2 hours of accepting the Work Order or call from Client.
Non-emergency Work. If the Work is a non-emergency, the Client deems a timely manner to be within 4 business days.
Scheduling. The Vendor is required to schedule all appointments with tenants and is encouraged to schedule them as quickly as possible. The Client does not schedule appointments for the Vendor. The Vendor is to attempt to contact the tenant a minimum of 3 times with the contact information provided by the Client. If the Vendor is unable to reach a tenant after 3 attempts, the Vendor shall give notification to the Client and provide documentation of such attempts. Vendor shall notify Client of scheduled appointment times.
Appointment Times. Vendor is to be on time for all appointments scheduled with a tenant and shall notify tenant and Client of any potential delays or reschedules. Vendor is not to visit the work site until Vendor has confirmed a scheduled time with the tenant.
Work Stoppage. Vendor SHALL contact the Client immediately and shall NOT complete an appointment if any of the following are present or occur during performance of the work:
- The only person home is under the age of 18;
- There are dangerous or hazardous conditions present, including uncontained pets;
- The tenant requires an unreasonable time for Vendor to complete the service;
- The Vendor estimates the repair will be in excess of Work Order Maintenance Limit if not authorized in a Work Order to exceed such amounts
- The tenant requests work to be performed after normal work hours or under circumstances which will involve additional charges; or,
- Damage is discovered to be caused by tenant or guest negligence outside of normal wear and tear. (Requires estimate.)
4. Payment of Invoices. The complete compensation for the Work shall be the amounts listed in an approved Work Order or Change Order. Client‘s payment to the Vendor will be 30 days from the date that the Client receives the Vendor’s complete invoice submittal which shall include:
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- Formal invoice for complete Work as stated on Work Order
- Before and after digital photos illustrating the problem and the finished Work
- Lien waivers if applicable
- Installed equipment documentation
- IRS Form W-9 if applicable and not previously submitted
- Other submittals as required herein or on the Work Order.
The invoice shall include the Client’s Work Order number, date of service, job site address, relevant notes, and itemized description of Work completed. Invoices without the above listed information may be rejected and payment terms will not start until a completed invoice has been submitted. No payment will be made for partial Work unless authorized by Client. All invoices are to be submitted to the client via Vendor Portal, or email, ([email protected]), within 48 business hours.
Prompt Payment Discount. Client shall be allowed a 10% discount if payment is made within 10 days following receipt of complete invoice submittal.
5. Vendor is Independent Contractor. In performing the Work, Vendor is an independent contractor and not an employee of Client. Vendor shall have the right to perform services for others and the sole right to control and direct the means, methods, and manner by which the services required hereunder will be performed, consistent with these Terms. Vendor shall not be entitled to any fringe benefits, including health insurance, benefits, paid vacation, worker’s compensation, or other employee benefits provided by the Client to its own employees. The vendor is responsible for payment of any taxes, withholding, and any other statutory or contractual obligation of any sort in connection with services provided hereunder. The vendor has no authority to create or assume any obligation on behalf of the Client or to hold itself out as having such authority, without the prior written consent of the Client.
6. CRIME AND DRUG FREE.
Vendor, any member of the Vendor’s staff, or a guest or other person under the Vendor’s control shall not engage in criminal activity, including drug-related criminal activity, on, near or within sight of the rental premises.
“Drug-related criminal activity” means the illegal manufacture, sale, distribution, transportation, storage, use or possession with intent to manufacture, sell, distribute, store, transport, or use a controlled substance and/or drug paraphernalia.
Vendor, any member of the Vendor’s staff, or a guest or other person under the Vendor’s control shall not engage in any illegal activity including but not limited to prostitution, public drunkenness, lewd behavior, trespass, dangerous operation of a motor vehicle, disorderly conduct, street gang activity, battery, assault, discharging weapons, acts or threats of violence, sexual crimes on or off premises, or any breach of the lease agreement that otherwise jeopardizes the safety or welfare of any persons.
7. Representation and Warranties.
Vendor represents and warrants that the Work rendered will be performed in a good workmanlike manner, by competent personnel, and in accordance with applicable professional standards and that services rendered will be performed in accordance with the specifications provided to Vendor by the Client. If any element of the Work does not conform to the foregoing warranty, the Client shall notify the Vendor in writing of such nonconformance, and Vendor shall re-perform such element in a manner that does conform.
Vendor agrees to hold Client harmless and to indemnify Client, any Affiliate, all holders of a legal or beneficial interest in Client, and all officers, directors, executives, manager, member, partners, owners, employees, agents, successors, and assigns from and against all losses, damages, fines, cost, expenses or liability (including reasonable attorneys’ fees and all other costs of litigation) incurred in connection with any action, suit, demand, claim, investigation, or proceeding, or any settlement thereof, which arises from or is based upon Vendor’s (a) any work performed, the right of which to perform was granted by these Terms; (b) acts, errors or omissions committed or incurred in connections with services performed under these Terms, including any negligent or intentional acts; (c) violation breach or asserted violation or breach of any law, regulation or rule; (d) breach of any representation, warrant, covenant, or provision of these Terms, or any other agreement between Vendor and Client (or an Affiliate). These obligations shall survive the termination of these Terms.
These Terms shall be governed by the Laws of Texas and any dispute arising hereunder shall be resolved in the courts of the County of Bell.
If any term or other provision of these Terms, or any application thereof to any circumstance is invalid, illegal, or incapable of being enforced by any rule of law, or public policy in whole or in part, such provisions or applications shall to that extent be severable and shall not affect other provisions or application shall to that extent be severable and shall not affect other provisions or applications of these Terms.
These Terms contains a complete statement of all arrangements between the parties relating to its subject matter, supersedes any terms contained in a Vendor proposal, estimate, or invoice, previous arrangement or understanding, whether written or oral and may only be changed by a written agreement signed by the parties hereto.
