Terms of Service - Residential Installations

The estimate/invoice along with the terms and conditions set forth herein constitutes an agreement by and between “HUMM ENERGY, LLC” (hereinafter “HUMM”) and the “customer” (hereinafter “Agreement”). The Agreement is the entire agreement between the parties, and no rights are created in favor of either party other than what is specified in this Agreement.  

From time to time, the customer may request that HUMM provide additional or amended services not covered by the existing estimate/invoice. The two parties may, but are not required to, agree to a change in services either by amending the existing estimate/invoice or by signing a new estimate/invoice.  Such a change order will specify the additional services to be performed by HUMM, as well as the amended price terms.

TECHNICIAN SERVICES

Our certified and trained technician will perform all work in a professional and good workman-like manner utilizing quality materials.  Technicians will only perform work during scheduled times between the hours of 8 am and 6 pm, unless otherwise mutually agreed to by the parties.  HUMM will provide all material and labor as set forth in the estimate/invoice.  Customer agrees not to solicit a HUMM technician to independently perform electrical contracting services at the home or in any way circumvent direct payment to Humm for any goods or services provided.  Customer understands and acknowledges that any such circumvention will void all otherwise applicable warranty, service protection plan or insurance coverage.

TECHNICIAN ACCESS AND SAFE WORKING CONDITIONS

The customer shall provide the technician with access to areas of the home reasonably necessary to perform the services.  Customer shall allow our personnel to stop and start all equipment, and turn off electrical service to the home, if necessary, to safely perform the agreed installation or repair work. The customer will also ensure that all work areas are free and clear of all hazards (asbestos, insects, rodents, chemicals, mold, etc.) that would inhibit the installation or repair.  If the hazard is found during the time of service, as solely determined by HUMM, all work by HUMM may cease until customer has removed the hazard at customer's sole cost and expense.  HUMM reserves the right to refuse service if the existing equipment that is to be serviced is found to be of inferior quality or in poor working condition such that it is deemed hazardous by technician.

PAYMENT

The customer will compensate HUMM for the services rendered, and all materials and equipment provided, in accordance with the terms, conditions, and payment schedule outlined on the estimate/invoice. Customer will make full payment to HUMM immediately upon the completion of services rendered, and pay any upfront deposit as may be required, prior to the commencement of work.  Any late payments past 7 days will accrue interest at the rate of 1.5% daily, or the maximum rate allowed by applicable law. 

HOME ELECTRICAL LOAD ESTIMATE

Humm may provide customer with an electrical load estimate to assist in determining whether the home has sufficient available electrical load to accommodate an electric vehicle charging station, or alternatively, whether the electrical service and main panel of the home may need to be upgraded.  In utilizing this estimator, Humm is making certain assumptions about the home's electrical usage based on information provided by customer as well as usual and customary electric usage patterns and practices (which may vary on a case by case basis), and is providing a good faith estimate as to the available electric load requirements of the home.  In no case or under any circumstances is Humm providing assurances, representations or warranties, express or implied, to the homeowner or any other third-party relying on this estimate, as to its completeness or accuracy, and shall not be liable under any circumstances for any loss, damage or injury to the home or any persons, or for any additional electrical work required as a result of any reliance on its accuracy, nor shall Humm be responsible for repairing, replacing or upgrading the home's electrical system or charging equipment as a result of any electrical overload of the main panel, subpanel or any of the home's electrical circuits.

DRYWALL REPAIR EXCLUSION

Unless specifically quoted, drywall repair or replacement is not included as part of the installation services. Drywall removal and/or damage may occur as part of the proper installation or repair of electrical wiring and equipment. While HUMM will attempt to minimize drywall removal or damage, the customer is solely responsible for any repair and replacement that may result from the services performed.

WARRANTIES

Limited Warranty: All labor and workmanship performed by HUMM is warranted for 365 days or as otherwise indicated in writing.  HUMM makes no further warranties, expressed or implied and its agents or technicians are not authorized to make any such warranties on behalf of HUMM.  This limited warranty excludes any damage or defect to the extent caused by (a) any work or alterations to the services performed by anyone other than HUMM or its subcontractors (b) improper use or operation of the equipment, (d) normal wear and tear, (e) any portion of the customer’s dwelling or systems not altered or repaired by HUMM as part of the services, or (f) any defective materials, parts, supplies or equipment procured from a third party and/or supplied by the customer.

HUMM makes no warranties, express or implied, related to materials, parts and equipment.  All warranties, if any, as to materials, parts and equipment are provided directly by the manufacturer or supplier, and are subject to any limitations, terms and conditions expressed by them.

LIMITATION OF LIABILITY

HUMM will not be held liable for any loss, delay, injury, or damage that are caused by improper use, negligent acts, or circumstances beyond our reasonable control including but not limited to natural disasters, war, terrorism, civil commotion, acts of government, fire, theft, corrosion, floods, freeze-ups, strikes, lockouts, differences with workmen, riots, explosions, quarantine restrictions, code violations or insurance company requirements, delays in transportation, extreme weather conditions, shortage of vehicles, fuel, labor, or materials, or malicious mischief. And, in no event, whether as a result of breach of contract, or otherwise, will HUMM be liable for consequential, speculative, penal or incidental damages, including, but not limited to loss of profit or revenues, loss of use of any products, machinery, equipment, cost of capital, cost of substitute products, facilities, services or replacement power, down time costs, or claims of Buyer’s customer for such damages. Also, it is agreed that any changes, adjustments, additions to repairs made by others, unless authorized by HUMM will release and terminate all obligations of HUMM and the customer will be responsible for payment of materials and any work or services rendered by HUMM.

It is agreed that HUMM will not be required to complete safety tests, install new devices or make modifications to any equipment to comply with recommendations or directives of insurance companies, governmental agencies, or for other reasons. Neither shall HUMM be required to make replacements or repairs necessitated by reason of any other cause beyond its control except ordinary wear and tear.

ARBITRATION

Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules, as modified by this Agreement.  The number of arbitrators shall be one.  The place of arbitration shall be the jurisdiction where services were rendered.  Texas law shall apply.  Judgment on the award rendered by the arbitrator shall be binding and may be entered in any court having jurisdiction thereof.