Terms and Conditions

1. Owner, Contractor: The party requesting services, as set forth on the front of this proposal or invoice shall be referred to in these Terms as Owner. Dan Keen Services, Inc. shall be referred to as Contractor.


2. Agreement: Order of Precedence: The Proposal, Standard Terms and Conditions and all specifications provided to Contractor prior to execution of the Proposal shall constitute the Agreement. All prior written and oral communications shall be superseded by this Agreement. In the event of a conflict between the documents, the order of precedence shall be the Standard Terms and Conditions, the Proposal, and any other documents comprising the Agreement.


3. Changes to Scope: Contractor will advise owner of any changes in the scope of work required after its technician conducts a physical inspection and assessment of the issue for which Owner sought services. Where possible Contractor shall obtain written authorization for such changes in work. However, Owner shall be responsible for any verbal authorization where verbal authorization is accepted for Owners convenience.


4. Scheduling Policy: For diagnosis appointments, there will be a three hour window for arrival. Customer must be on site to meet tech for any first time diagnosis/appointment. Tech will call to notify customer when he is on the way. Scheduled appointment times should be considered tentative due to previous job over runs and other unforeseen issues that may arise. Should an unforeseen delay arise, Contractor will reschedule appointment with Owner for the soonest available appointment time.


5. Emergency Work: Owner may request work that requires prompt decision making on an emergency basis in order to protect persons or property from damage or injury. Contractor shall use its best judgement in such circumstances, and shall not be liable for such decisions, unless Contractor acted in a grossly negligent fashion in addressing the emergency.


6. Access: A precondition to Contractor obligation to perform is that Owner shall grant reasonable access to the work areas for the requested service work. Owner shall secure all pets to ensure their safety as well as Contractor. Contractor shall not be responsible for any loss or injury to Owners pets.


7. Payment: Payment shall be made as set forth under payment on the Proposal. Payment of 50 percent shall be due prior to scheduling work. Upon payment the work is scheduled and completed, Owner shall not receive any warranties for work done until the balance is paid in full. Payment shall accrue on the invoice date and shall be due 10 days thereafter. All work shall be conducted on a time and materials basis. Contractor shall track its technicians time, including travel time from its shop to Owners property and back. Contactor may require Owner pay an upfront trip charge fee, which is earned on receipt, but which will be applied against the total cost of the services rendered under the Parties Agreement.


8. Owner Supplied Materials: Where Owner supplies the items for the work set forth in the Proposal, Owner bears all responsibility for the condition of such materials or items. Where the materials or items provided by Owner do not meet the specifications for such materials for the Work of the Proposal, Contractor shall have the right to reject and return such materials. Timely delivery of materials or items within the specifications for the Work shall be a condition precedent to Contractors completion of the work by the Delivery Date. Owner shall be responsible for all costs associated with the rejection of its supplied materials and items, for any new materials or items ordered by Contractor for it, and for all costs and labor charges incurred by Contractor to modify the deficient materials or items to bring them within specification.


9. Interest: All outstanding invoices shall bear interest on the unpaid balance at 2% per month from the due date until paid in full, or at the highest rate allowed by law, whichever interest rate is higher.


10. Warranty: Contractor shall warrant its workmanship in accordance with the requirements of Arizona law governing construction Projects. Except where expressly provided in the Agreement, Contractor makes no other representations and extends no other warranty or covenant of any kind, express or implied, including, without limitation, any warranties of merchantability or fitness for a particular purpose. Owner shall look to the manufacturer for any warranty for parts, machinery or equipment installed by Contractor.


11. Hold Harmless: Owner agrees to defend, indemnify and hold harmless Contractor and its agents, assigns and employees from any and all liability, claims for damages, and losses of any kind, including but not limited to special or consequential damages, attorney fees and costs, and expert fees resulting from, related to, or arising out of the services provided by Contractor under this Agreement, except where the liability arises from Contractors sole negligence.


12. Choice of Law, Venue: The Agreement shall be governed by and subject to the laws of the State of Arizona. Any action to enforce any of the terms of this agreement shall be brought before the Superior Court in Maricopa County, Arizona.


13. Attorneys Fees and Costs: Parties agree that in the event of a dispute they shall submit to a mandatory binding Arbitration in lieu of filing a law suit in Arizona Superior Court. Parties will select a mutually agreeable Arbitrator to hear the case and render a legally binding decision upon hearing the evidence presented by the respective parties. The Arbitrator shall determine which party is the prevailing party upon rendering his/her decision regarding the outcome of the dispute. The prevailing party to any dispute concerning the agreements of the parties or to the interpretation and enforcement of the Agreement shall be entitled to recover from the non-prevailing party, the prevailing partys reasonable attorneys fees, court costs and expert witness fees. Contractor shall be entitled to recover all attorneys fees and collections costs associated with its efforts to collect the balance due it under the Proposal, whether or not an action is brought to collect such sums in civil litigation or otherwise.


14. Preliminary Notice; Mechanics Lien: If the total price of the work is estimated to be greater than or equal to One Thousand and No/100s Dollars ($1,000.00), then within twenty days (20) of beginning its work, Contractor may provide the Owner with a 20-Day Preliminary Notice regarding mechanics liens, pursuant to Arizona Revised Statutes 33-922.01. Until all payments have been made for services rendered, Contractor retains the right to record a mechanics lien as security for the payment on its work.


15. Force Majeure: Any failure or delay by a party in the performance of its obligations under this Agreement is not a default or breach of the Agreement or a ground for termination under this Agreement to the extent the failure or delay is due to elements of nature or acts of God, acts of war, terrorism, riots, revolutions, or strikes or other factor beyond the reasonable control of a party (each, a Force Majeure Event). The party failing or delaying due to a Force Majeure Event agrees to give notice to the other party which describes the Force Majeure Event and includes a good faith estimate as to the impact of the Force Majeure Event upon its responsibilities under this Agreement, including, but not limited to, any scheduling changes. However, should any failure to perform or delay in performance due to a Force Majeure Event last longer than thirty (30) days, or should three (3) Force Majeure Events apply to the performance of a party during any calendar year, the party not subject to the Force Majeure Event may terminate this Agreement by notice to the party subject to the Force Majeure Event.


16. Severability: If any portion of this Agreement is held to be unenforceable, the unenforceable portion must be construed as nearly as possible to reflect the original intent of the parties, the remaining portions remain in full force and effect, and the unenforceable portion remains enforceable in all other contexts and jurisdictions.


17. No Waivers, Cumulative Remedies: A partys failure to insist upon strict performance of any provision of this Agreement is not a waiver of any of its rights under this Agreement. Except if expressly stated otherwise, all remedies under this Agreement, at Law, or in equity, are cumulative and nonexclusive.


18. Arizona Prompt Pay Act: The Parties agreement shall be subject to and governed by the Arizona Prompt Pay Act (A.R.S. 32-1129.01 et. seq.)


19. Binding Authority: In executing the agreement for Services, Owner represents that s/he has the authority to enter into the agreement for services to the property and is the true Owner or agent of the true owner of the subject property.


20. Subcontractors: Contractor has the right to retain subcontractors to complete some or all of the work of this Agreement.
21. On Site Requirement: Owner is required to be present on site for Contractors initial diagnosis. Thereafter, the Owner is not required to be on site during Contractors scheduled repairs. In the event Owner will not be on site when work is being done, it is requested that arrangements be made ahead of time for Owner to leave a key to allow access for Contractor to complete scheduled work. Dan Keen Services, Inc. is a licensed, bonded and insured Contractor. Contractor can send customer a photo of the completed work and take payment over the phone upon completion.


22. Weather Related Rescheduling: In the event of rain/precipitation, scheduled work will be pushed back 2 days to account for each day of rain/precipitation in order to ensure that quality and safety standards are met for all parties. Rescheduling of work is done according to Owners initial scheduled time and pushed back in accordance with the corresponding number of rain/precipitation days as set forth above. The order of Contractors scheduled work will remain the same pending the above referenced delay of 2 days to account for each day of rain/precipitation. It is very dangerous to work on a wet roof in the rain. However, Contractor will provide emergency/temporary patches to try and minimize potential damage when requested by Owner on an emergency basis.


23. Appointment fee/Cancellation fee: All scheduled appointments are subject to our standard $125.00 appointment fee. Cancellation of scheduled appointments, for any reason, after a tech has been dispatched will be subject to the entire $125.00 fee. If cancellation is made within 4 hours of scheduling appointment, Customer will receive a full refund of the $125.00 fee. If appointment is cancelled more than 4 hours after scheduling appointment a $50.00 fee will be charged to the Customer.


24. Cancellation fee for a deposit: Cancellation fee for a deposit will be made at 100% during the first 3 days, however a fee of 20% will be charged for cancellation after 3 days. For appointment setting and accounting, our funds clearing policy is 3 days for credit cards, 5 days for local checks/transactions and 10 days for out of state checks/transactions.


25. Clerical Errors: We do our best to keep any and all mistakes to a minimum. However, the Customer is monetarily responsible for all of the actual work completed regardless of any clerical errors, or mismeasurements. Customer is required to pay the price in full for the actual services provided. Any clerical errors relating to the scope of work provided do not change the requirement that payment be made in full for the scope of actual work done on site.