Terms of Service
AUTHORIZATION OF WORK
By signing this work order or approving this estimate digitally, the Client authorizes Texas Heavy Equipment Repairs (herein “Service Provider”) to perform the repair work, maintenance, and diagnostic services described. The Client grants Service Provider and its employees permission to operate the heavy equipment/machinery on the job site or premises for the purpose of testing, inspection, and diagnosis.
SITE ACCESS & SAFE WORKING CONDITIONS
As a mobile service provider, work is performed at the Client’s location. The Client agrees to provide a reasonably safe and accessible working environment for the Service Provider’s personnel and service vehicles. If the field technician determines the work site is unsafe (due to extreme mud, hazardous terrain, precarious load staging, or other dangers), work will be halted, and the Client will be responsible for standard call-out fees until the equipment can be safely relocated.
BILLING, RATES, & PAYMENT TERMS
Estimates vs. Actuals: Diagnostic times and repair estimates are good-faith approximations. Due to the nature of heavy machinery, hidden damages or seized components may require additional labor or parts. The Client will be notified of any significant cost increases before additional work proceeds.
Payment Due: Unless a Net-30 corporate account has been established and approved in writing, payment is due in full immediately upon completion of services.
Late Fees: Past due balances shall accrue interest at a rate of 1.5% per month (18% annually) or the maximum rate permitted by Texas law, whichever is less. The Client agrees to pay all collection costs, including reasonable attorney’s fees, incurred by the Service Provider in recovering unpaid invoices.
TEXAS WORKER’S & MECHANIC’S LIEN DISCLOSURE
WARNING TO OWNER/CLIENT: Under Chapter 70 of the Texas Property Code, the Service Provider retains a statutory Worker’s Lien on any equipment, machinery, or vehicle repaired until payment is received in full. If payment is not made, the Service Provider retains the right to repossess the equipment or retain possession of the equipment to secure payment. Furthermore, if services or materials are provided that become a permanent improvement to real property, the Service Provider reserves the right to file a Mechanic’s and Materialman’s Lien against the property under Chapter 53 of the Texas Property Code.
WARRANTY & LIMITATION OF LIABILITY
Labor Warranty: Service Provider guarantees its labor for a period of thirty (30) days from the date of completion. This warranty covers installation errors only.
Parts Warranty: Any warranties on parts or components installed are limited solely to the warranty provided by the original equipment manufacturer (OEM) or supplier. Service Provider makes no independent warranty, express or implied, regarding the longevity of parts.
Exclusions: There is absolutely no warranty on electrical components, hydraulic hoses subjected to field abuse, or parts provided by the Client (“customer-supplied parts”).
Limitation of Liability: Service Provider shall not be liable for any incidental, indirect, or consequential damages, including but not limited to: lost profits, project delays, equipment downtime, or equipment rental costs resulting from the failure of the equipment or delays in parts shipping.
ENVIRONMENTAL & HAZARDOUS WASTE
Service Provider will dispose of waste oil, hydraulic fluid, and filters generated during the repair in accordance with EPA and Texas TCEQ regulations. However, the Client assumes all liability for any pre-existing environmental contamination, soil saturation, or hazardous material leaks present at the job site prior to the Service Provider’s arrival.
TEARDOWN & DIAGNOSTIC LIABILITY
In the event that equipment must be torn down for diagnostic purposes and the Client subsequently elects not to proceed with the repair, the equipment will be left in a disassembled state unless the Client authorizes and pays for the labor required for reassembly. Service Provider is not responsible for parts lost or weather damage to equipment left disassembled on the Client’s job site.
CLIENT ACKNOWLEDGMENT:
I acknowledge that I am an authorized agent for the equipment owner, that I have read and understand the terms outlined above, and that I authorize the work to proceed under these conditions.