BUMBLE BEE BLINDS OF SOUTHLAKE TERMS AND CONDITIONS (the “T&Cs”)

General.

1. Bumble Bee Blinds is referred to as “Company,” and the customer listed on the Quote is referred to as “Customer.” Collectively, Company and Customer may be referred to as the “Parties.”
2. By accepting the Quote, the Customer agrees that the Company is an independent, third-party contractor engaged to provide products and services to the Customer. The acceptance of the Quote and the Work does not create any other type of business relationship between the Parties. 
3. All sales of the Company are subject to the terms and conditions contained within these T&Cs. 
4. Any communication from Customer that contains proposed terms and/or conditions in addition to or inconsistent with the following will not be binding unless acceptance of the new terms and/or conditions is reduced to writing by an authorized representative of Company. 
5. Failure of the Company to object to provisions contained in any communication from Customer will not be construed as a waiver of these T&Cs, nor an acceptance of any such provisions. 
6. The Quote, these T&Cs, and the Company’s Invoice constitute the entire agreement between the Parties concerning the services provided in the Quote, and supersede all oral and written proposals, representations, understandings, and agreements previously made or existing concerning the sale of the Company’s products and/or services.

Customer’s Acknowledgement. 

1. Customer understands and acknowledges that all window treatments are custom ordered, all sales are final (subject to Customer’s cancellation rights herein), and that Customer is responsible for the choice of product, style, color, and controls.
2. The Company strives to provide an accurate Quote for the Work, but the Customer understands that the agreed-upon price may vary once work begins. Any changes to the Agreed Price of greater than 10% will be discussed with the Customer before work can continue.  If the Customer agrees to the change in the Agreed Price, a new Quote will be generated. 
3. The Customer recognizes and accepts that the Company may be required to install the Work “out of level” or “out of plumb” to match the existing conditions.

Customer’s Right to Cancel and Refunds. 

1. Customer may cancel the sale without penalty or any obligation to perform under the Parties’ agreement within 48 hours after the date of the Company’s Invoice.
2. The customer will request cancellation by emailing bb167@bumblebeeblinds.com and sending an SMS/Voice Call to 817-720-8600. An order will not be cancelled unless an acknowledgment is received from Bumble Bee Blinds. 
3. If the Customer does not cancel within the first 48 hours, the Company will proceed with placing the order, and no changes or cancellations will be accepted after this time. 
4. If Customer fails to perform in accordance with these Terms and Conditions, then Customer shall forfeit the deposit paid upon the placement of the order. 
5. The customer acknowledges that this order for Made-to-Measure products is non-refundable after purchase. Order specifications cannot be changed after the order has been placed.

Labor, Materials, and Equipment. 

1. The Company agrees to furnish all permits, labor, equipment, products, and other materials to complete the Work. 
2. All products and materials provided by the Company will be standard stock products and materials, unless otherwise specified, subject to availability and substitution for substantially equivalent products and materials in the Company’s sole discretion.
3. The Company agrees to use its best efforts to match the Customer’s existing products and materials within a reasonable tolerance in terms of color and design. 

Customer Property, Access, and Damage.

1. Customer agrees to provide Company access to Customer’s property and facilities, if applicable, during standard working hours and as required for completion of the Work. 
2. Except as expressly provided herein, Company shall not be responsible or liable for the protection of, or damage to, Customer’s property.
3. Customer shall manage and be responsible for the protection of all Customer property, including automobiles, exposed to potential damage by the Company’s Work. 
4. Customer shall remove, store, and/or protect all Customer property during Company’s Work as reasonably necessary for the performance of the Work. 
5. Company shall not be responsible for damages of any kind to any area of Customer’s property upon which Company’s Work has not been completed, nor to any person, including Customer, for damages or harm of any kind occurring after the Work is complete.

Completion of Work. 

1. Completion of Work is defined as the date on which the Company’s Work is substantially complete (as distinguished from the date of Customer’s acceptance thereof) or the date of the Company’s last item of Work at the property, whichever is earlier. 
2. The Company shall not be responsible if any interruption of the Company’s work results from the Customer’s failure to provide reasonable access or due to the acts or negligence of others not under the Company’s direction. 
3. The Company shall not be responsible for damages arising from delay due to inclement weather, strikes, fires, accidents, delays in shipments or delivery of materials, or any causes beyond the Company’s reasonable control. 

Delay.

1. Delivery dates are estimated and subject to the manufacturer’s availability.
2. The customer understands and acknowledges that the Company will provide the best estimates for shipping and delivery times, but recognizes that the time required for window coverings to be manufactured and shipped varies by manufacturer, product, and specific product selections. 
3. The company is not liable for late shipments. 
4. The Company will notify the Customer if estimated delivery times change materially from any estimated delivery and/or installation time.

Warranties.

1. Customer acknowledges and agrees with the warranty limitations set forth in this Agreement. Customer understands and acknowledges that Company does not warrant or guarantee previous workmanship or pre-existing materials, nor any materials, products, or labor not originally provided by Company. 
2. A written limited warranty is offered on workmanship and products or other materials provided pursuant to this Agreement on the terms and conditions reflected in the written limited warranty materials provided or made available to the Customer. 
3. The company passes through to the Customer the manufacturer’s warranty specific to the purchased products. Further, Company warrants that its products are of the quality set forth in Company’s product specifications or as otherwise expressly stated in these Terms and Conditions. 
4. If the Customer makes a claim under this warranty, and it is subsequently determined by THE MANUFACTURER upon inspection that the product is defective, the product will be REMEDIED OR replaced by the manufacturer as the Customer’s sole remedy for defective products. 
5. This warranty covers products and parts only; shipping and labor costs associated with product replacement are not covered. This warranty does not apply to any product that has been altered, used contrary to the Company’s instructions, subjected to misuse, improperly stored, or damaged by accident or negligence. 
6. Company shall not be liable for, and Customer agrees to hold Company harmless for, any latent defects in any products or materials supplied to Customer under this Agreement. 
7. Any warranty provided under this Agreement shall not include the cost to abate, remove, clean, remediate, dispose of, transport, use, or handle any hazardous substance, including asbestos or mold, that may be found on Customer’s property in the future. 
8. If the Company is not paid in full in accordance with this Agreement, all such warranties shall immediately be null and void.
9. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES NOT SPECIFICALLY CONTAINED HEREIN, EXPRESS OR IMPLIED BY LAW, INCLUDING BUT NOT LIMITED TO THE WARRANTY FOR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND CUSTOMER WAIVES ALL CLAIMS.

Failure to Pay or Allow Access.

1. Customer shall be obligated and responsible for all payments to the Company under this Agreement. Customer’s failure to make prompt payment of any kind when due shall entitle Company, upon forty-eight (48) hours' written notice, to stop Work without penalty of any kind whatsoever. 
2. In the event Customer does not remit payment for any or all of the Work, any individual line item, or any trade, service, material, product, or other expense reasonable or necessary to perform the Work, Customer shall release Company of its obligations for the performance of that component of Work or acts associated with such expense.
3. Customer agrees to pay a service charge of eighteen percent (18%) per annum or the maximum amount allowed by law, whichever is less, on all balances thirty (30) days or more past due. 
4. Customer agrees to pay for all costs, fees, and expenses, including reasonable attorneys’ fees, incurred by Company in the performance or enforcement of this Agreement, including the collection of Customer’s past due account. 
5. Returned payments will incur a $25.00 processing fee. 
6. Credit cards on file will be processed after the work is completed.
7. If Customer fails to authorize and/or grant access to Company to commence such Work on the date of scheduled performance of the Work, then Customer shall pay Company twenty percent (20%) of Final Payment (the “Liquidated Damages”). 

The parties hereby expressly agree that the actual harm caused by Customer’s breach would be impossible or very difficult to estimate at the time of entering into this Agreement and that the Liquidated Damages represents the parties’ reasonable estimation of damages, losses, and expenses, incurred by Company (which may include Company time, involvement, expertise, burden, and expense), in assisting Customer with the assessment and documentation of damage to Customer’s property, and in the preparation, coordination, and engagement of the performance of Work under this Agreement. The parties expressly acknowledge and agree that the Liquidated Damages are established and agreed upon in advance as a fair and equitable amount reasonably estimated to cover damages, losses, or expenses incurred by Company for Customer’s failure to authorize or grant access to Company to perform the Work, and not as a penalty.

Insurance.

1. Customer acknowledges and understands that Company does not work for an insurance company, and that Customer may authorize Company to perform the Work under this Agreement in Customer’s sole discretion. 

The company and its authorized representatives are not engaged in, nor do they hold themselves out as, public adjusters. Company makes no representations or warranties regarding insurance, Customer’s insurance coverage, or any insurance claim of Customer whatsoever related to the Work, this Agreement, or otherwise.

Concealed or Unknown Conditions. 

1. Company shall not be responsible for any concealed or unknown conditions at the site of the Work, and Company shall be entitled to equitable compensation for any increased cost of performing the Work and an equitable extension of the time required to perform the Work arising out of or related to any such differing site conditions encountered, or any other cause beyond Company’s reasonable control.
2. If Company learns of the presence of any hazardous materials on Customer’s property, Company reserves the right to stop Work immediately and, at Company’s discretion, execute a change order with Customer for such additional repairs, labor, or materials as may be required to perform the original scope of Work.        

Toxic or Hazardous Materials or Lead Paint. 

1. Except as expressly provided herein, nothing contained in this Agreement shall be construed to require Company to determine the presence or absence of any hazardous materials, including any asbestos-containing materials or mold, affecting the property or Work, or to require Company to remove, transport, dispose of, clean, remediate, use, handle, or protect such materials, including, but not limited to mold abatement, removal, disposal, or cleaning. 
2. Customer agrees to pay, as an additional cost, all costs, fees, and expenses related to any abatement, removal, cleaning, remediation, disposal, transportation, or otherwise handling of any hazardous or toxic materials, including asbestos-containing materials or mold, by the Company, if undertaken by the Company in its discretion. 
3. Customer hereby waives and disclaims any claims against Company arising out of any loss, damage, or injury resulting therefrom and acknowledges that Company shall have no liability or responsibility with respect to the same. 
4. Notwithstanding the above, Customer acknowledges that the presence and/or use of lead paint on Customer’s property may exist and may be a hazardous material, and consents to and agrees that if such lead paint is present and/or has been used on the Customer’s property, the Services provided by the Company may include the inspection or detection of the presence or absence of lead paint, abatement, removal, disposal, handling, transportation, and otherwise use of lead paint materials, including, but not limited to lead paint chips, lead paint dust, or lead paint surface materials. 
5. Customer hereby waives and disclaims any claims against Company arising out any loss, damage or injury resulting therefrom and acknowledges that Company shall have no liability or responsibility with respect to the presence abatement, removal, cleaning, remediation, disposal, transportation, or otherwise handling of lead paint materials, including, but not limited to, lead paint chips, lead paint dust, and lead paint surface materials. 
6. CUSTOMER SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS COMPANY, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AND REPRESNTATIVES, AGAINST LIABILITY, LOSS, DAMAGE, OR EXPENSE BY REASON OF ANY CLAIMS, DEMANDS, SUITS OR JUDGMENTS ARISING OUT OF OR RELATED TO THE CONDITION OR ALLEGED CONDITION OF THE PROPERTY OR ANY EXISTING IMPROVEMENTS, FIXTURES OR APPURTENANCES THEREON, INCLUDING BUT NOT LIMITED TO THE PRESENCE OF TOXIC OR HAZARDOUS MATERIALS AND/OR LEAD PAINT MATERIALS.

Liability, Limitations, and Indemnification. 

1. Company shall not be liable for and accepts no liability to indemnify or hold Customer harmless for, any claims or damages to persons or property, except: (i) as expressly provided herein; and (ii) to the extent that such damage occurs during performance of Company’s Work and are determined to be the direct result of Company’s negligent error or omission. 
2. Company shall not be liable for damage or loss, of any kind, caused in whole or in part by: (i) the acts, errors, or omissions of other parties, trades or contractors; (ii) any rework required to be performed by Company as a result of the acts, omissions, or errors of other parties, trades, or contractors; or (iii) lightning, gale force winds (+50 m.p.h.), hailstorms, ice damage, ice dams (caused by thawing and freezing of ice, water or snow), tornados, floods, earthquakes or other unusual phenomena of the elements; structural settlement; faulty condition of parapet walls, copings, chimneys, skylights, vents, supports or other parts of the building; erosion, cracking and porosity of mortar and brick; dry rot; stoppage of roof drains and gutters; inadequate drainage, slope or other conditions beyond the control of Company which cause ponding or standing water; termites or other insects; rodents or other animals; fire; or harmful chemicals, lead paint, oils, acids and the like that come into contact with Customer or Customer’s property or otherwise damage Customer or Customer’s property. 
3. In no event shall Company be liable or responsible for damage or loss, of any kind: (i) resulting from vibrations, including, but not limited to, interior drywall damage, nail pops or disconnection of chimneys, flues, air ducts, ventilation shafts, exhaust vents, furnace vents or sewer vents; (ii) for any electrical, cable, HVAC, mechanical, or plumbing lines or equipment; (iii) for the removal, installation or functionality of satellite dishes or solar panels; or for any slight scratching or denting of gutters, oil droplets in driveways, hairline fractures in concrete, damage to flowers or landscaping, or minor broken branches on trees, plants or shrubbery, damage to septic tank systems, sprinkler systems or underground water/sewer lines, driveways, walkways, lawns, or debris, such as nails or trash, on the Property.
4. TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, CUSTOMER’S MAXIMUM RECOURSE SHALL BE, AND COMPANY’S MAXIMUM LIABILITY UNDER THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT COMPANY BILLED TO CUSTOMER UNDER THIS AGREEMENT. CUSTOMER AGREES TO INDEMNIFY, DEFEND, AND HOLD COMPANY HARMLESS FROM ANY AND ALL CLAIMS, ACTIONS, SUITS, CHARGES, OR DEMANDS THAT RISE OUT OF, PERTAIN TO, OR RELATE TO COMPANY’S PERFORMANCE OF THIS AGREEMENT OR THE WORK, INCLUDING BUT NOT LIMITED TO ANY PRE-EXISTING CONDITIONS AT THE PROPERTY. 
5. Customer acknowledges, understands, and agrees that Company shall not be liable for any modifications, alterations, additions, or other actions or omissions of Customer or any third party to or upon the Products, or otherwise related to the Work. 
6. Notwithstanding anything to the contrary contained elsewhere herein, neither party shall be liable to the other for any consequential, special, incidental, indirect or punitive damages of any kind or character, including, but not limited to, loss of use, loss of profit, loss of anticipated profit, loss of bargain, loss of revenue or loss of product or production, however arising under this Agreement or as a result of, relating to or in connection with the performance of Work under this Agreement and the parties’ performance of the obligations hereunder, and no such claim shall be made by any party against the other regardless of whether such claim is based or claimed to be based on negligence (including sole, joint, active, passive, or concurrent negligence, but excluding gross negligence), fault, breach of warranty, breach of agreement, breach of contract, statute, strict liability or any other theory of liability whatsoever.

PRE-LIEN NOTICE. 

1. COMPANY HEREBY PROVIDES NOTICE THAT ANY PERSON OR COMPANY SUPPLYING LABOR OR MATERIALS FOR THIS IMPROVEMENT TO YOUR PROPERTY MAY FILE A LIEN AGAINST YOUR PROPERTY IF THAT PERSON OR COMPANY IS NOT PAID FOR SUCH CONTRIBUTIONS, LABOR, OR MATERIALS. 
2. Additionally, charges will be added to the lien from the date of substantial completion at the maximum rate allowed by state law.

Waiver of Subrogation. 

Customer and Company waive all rights against each other and any of their respective subcontractors, sub- subcontractors, agents and employees for damages caused by fire or other perils to the extent covered by property insurance obtained pursuant to this agreement, or other property insurance applicable to the Property, except such rights as they have to the proceeds of such insurance held by the Customer as fiduciary.

Miscellaneous. 

1. This Agreement constitutes the entire agreement between the parties relating to the subject matter of the Work and installation of the Work, and supersedes all prior agreements, arrangements, and understandings, written or oral, between the parties concerning such subject matter. 
2. ANY REPRESENTATION, STATEMENTS, OR OTHER COMMUNICATIONS NOT WRITTEN IN THIS AGREEMENT, OR MADE IN ANY WRITING PURSUANT THERETO, ARE AGREED TO BE INVALID AND NOT RELIED ON BY EITHER PARTY AND SHALL NOT SURVIVE THE EXECUTION OF THIS AGREEMENT.
3. Customer shall not assign this Agreement without the prior written consent of Company. 
4. Except as provided herein, this Agreement cannot be cancelled, terminated, or amended without the written mutual consent of both parties. 
5. This Agreement shall be governed by the laws of the State of Texas. 
6. All rights and remedies provided in this Agreement are cumulative and not exclusive, and the exercise by either party of any right or remedy does not preclude the exercise of any other rights or remedies that may now or subsequently be available at law, in equity, by statute, or pursuant to any other agreement between the parties. 
7. Company and Customer intend and agree that if a court of competent jurisdiction determines that the scope of any provision of this Agreement is too broad to be enforced as written, the court should reform such provision(s) to such narrower scope as it determines to be enforceable, or if the court cannot reform such provision, such provision shall be deemed separate and severable from the Agreement and the unenforceability of any such provision shall not invalidate or render unenforceable any of the remaining provisions of the Agreement.

Pre-Suit Mediation.

1. Mediation: All disputes or claims by and between Company and Customer arising out of or in connection with this Agreement shall be submitted to non-binding mediation, as a condition precedent, to the institution of arbitration. 
2. Mediation shall be initiated by making a written demand on the other party to this Agreement. In the event the parties are unable to agree on the selection of a mediator, the parties agree to submit to and have the mediation administered by the American Arbitration Association (“AAA”). 
3. The parties agree to share the cost and expense of mediation (including the mediator’s fee) equally. The mediation shall be conducted in or near where the property is located unless otherwise agreed to by the parties. 
4. Any settlement agreement entered into by and between the parties in mediation shall be binding and enforceable against each party.

Arbitration.

1. The parties irrevocably agree that any claim and/or dispute arising in connection with this Agreement shall be resolved by arbitration, the same to be administered by the AAA (Construction Industry Arbitration Rules). 
2. Judgment on the award rendered by the arbitrator(s) may be entered in any one or more courts having jurisdiction thereof, including, but not limited to, a court of appropriate jurisdiction located in the State and County where the Property is located, as well as a court of appropriate jurisdiction located in any State and County where the Client conducts business. 
3. The prevailing party in any dispute or controversy arising out of or in connection with this Service Agreement shall be entitled to recover its reasonable attorneys’ fees and costs (including all taxable costs and expert witness fees). 
4. Notwithstanding anything contained herein, in addition to any remedies it may have, Company shall have the right to file for, establish and/or enforce a Mechanic’s Lien at any time prior, during, or after the conclusion of any arbitration proceedings and to stay the same during the pendency of the arbitration proceedings. 
5. The filing by the Company to establish and enforce a Mechanic’s Lien shall not be deemed to be a waiver of the right to arbitration. 
6. In addition to any other powers conferred pursuant to the rules, the arbitrator(s) shall have the power to determine the right to the establishment and enforcement of a Mechanic’s Lien.

Execution and Authority.

1. Customer represents and warrants to Company that Customer is not a party to any agreement that would prohibit Customer from entering into this Agreement for Work. 
2. Customer hereby certifies that Customer is the owner of, or authorized by the owner of, the Property set forth above, and has all requisite power and authority to enter into this Agreement and authorize the performance of the Work herein and to bind the Customer and the owner of the Property.

Force Majeure. 

To the extent not mentioned above, the Company shall not be liable for a failure to perform hereunder if said performance is made impracticable due to any occurrence beyond its control, including without limitation acts of God, fires, floods, wars, sabotage, accidents, labor disputes or shortages, pandemics, governmental laws, ordinances, rules and regulations, whether valid or invalid (including, but not limited to, priorities, requisitions, allocations, and price adjustments), inability to obtain raw material, equipment or transportation, and any other similar or different occurrence.