These Terms and Conditions apply only to Orders placed on or after the Effective Date shown above. Orders placed before this Effective Date remain governed by the terms accepted by the Client at the time of the applicable transaction.

1. Definitions and Contracting Entity

“Company” means the specific legal entity identified as the seller or contractor on the applicable Quote, Estimate, Sales Order, Invoice, Work Order, or other transaction document operating under the Your Signs World trade name.

Your Signs World is a trade name used by separately identified affiliated entities. The legal entity responsible for each transaction is the entity expressly identified on the applicable Quote, Estimate, Sales Order, Invoice, or Work Order. No other affiliated entity assumes responsibility or liability for a transaction solely because it uses or is associated with the Your Signs World trade name.

“Client” means the individual or legal entity requesting, approving, purchasing, or accepting products or services from Company.

“Order” means the applicable Quote, Estimate, Sales Order, Invoice, Work Order, approved final design, Change Order, and these Terms and Conditions, considered together.

“Custom Product” means any product designed, manufactured, printed, fabricated, programmed, embroidered, altered, ordered, or prepared according to Client’s specifications.

2. Acceptance of Terms

By signing or approving a Quote, Estimate, Sales Order, Invoice, Work Order, final design, proof, rendering, or Change Order; making a deposit or other payment; authorizing production; or accepting delivery, installation, or services, Client acknowledges that Client has read, understood, and agreed to these Terms and Conditions.

If Client accepts an Order on behalf of a corporation, limited liability company, partnership, organization, property owner, tenant, or other legal entity, Client represents that Client has authority to bind that entity.

These Terms may be accepted electronically. Electronic approvals, signatures, payment records, text messages, emails, and other electronic records may be used to establish Client’s approval and acceptance.

3. Complete Agreement and Order of Precedence

The complete agreement between Company and Client consists of the following documents:

  1. Any written Change Order signed or electronically approved by both parties;

  2. The applicable signed or approved Quote, Estimate, or Sales Order;

  3. The approved final design, proof, rendering, mockup, or photomontage;

  4. The applicable Invoice or Work Order; and

  5. These Terms and Conditions.

If these documents contain conflicting provisions, they control in the order listed above.

Statements, promises, estimated dates, or representations made verbally are not binding unless included in the Order or confirmed in writing by an authorized representative of Company.

4. Quotes, Pricing and Scope

Quotes and Estimates are valid only for the period stated in the applicable document.

Pricing becomes final upon Client’s approval, subject to changes resulting from:

  • Client-requested modifications;

  • Governmental or landlord requirements;

  • Inaccurate or incomplete site information;

  • Concealed or unexpected site conditions;

  • Changes in measurements or installation conditions;

  • Electrical, structural, access, engineering, or equipment requirements not reasonably observable when quoted;

  • Changes in material, labor, freight, permit, tax, or supplier costs before production begins; or

  • Work outside the original scope.

Unless expressly included in writing, the following are excluded:

  • Permit and inspection fees;

  • Engineering and sealed drawings;

  • Surveys and site plans;

  • Variances and zoning proceedings;

  • Landlord or property-manager review fees;

  • Primary electrical circuits;

  • Structural modifications;

  • Removal of existing signage;

  • Patching, painting, waterproofing, or restoration;

  • Traffic control;

  • Crane, specialty lift, or after-hours work;

  • Utility charges; and

  • Repairs to concealed or preexisting conditions.

5. Payment Terms

Payment is due according to the schedule stated in the applicable Order.

Unless otherwise agreed in writing:

  • Required deposits must be paid before design, procurement, permitting, or production begins;

  • Progress payments are due when invoiced;

  • The full balance for signage must be paid before installation; and

  • Additional work must be paid before or upon completion.

Company may suspend design, permitting, production, delivery, installation, inspection, warranty, or other work while any required payment or Client-provided information remains outstanding.

A payment dispute or chargeback does not automatically cancel an Order.

Client agrees to pay lawful collection costs, court costs, and reasonable attorney’s fees incurred by Company in collecting undisputed past-due amounts, to the extent permitted by applicable law.

Company may exercise any mechanic’s lien, constitutional lien, materialman’s lien, collection, or other remedy available under Texas law, subject to all applicable notice and filing requirements.

6. Custom Products, Cancellations and Refunds

Signs, channel letters, sign cabinets, faces, graphics, wraps, banners, decals, printed products, apparel, embroidery, promotional products, fabricated components, and other products manufactured or ordered according to Client’s specifications are Custom Products.

Except where required by applicable law, Custom Products are nonreturnable and nonrefundable after design, permitting, engineering, procurement, or production work has begun.

A cancellation request does not automatically terminate an Order. Cancellation is effective only when accepted in writing by an authorized representative of Company.

If Company accepts a cancellation, Client remains responsible for all design, artwork, administrative, permit, engineering, procurement, material, fabrication, labor, restocking, mobilization, transportation, inspection, storage, and other costs incurred through the effective cancellation date, including nonrecoverable commitments made specifically for the project.

If the amount paid exceeds Company’s properly documented earned and incurred charges, Company will refund the applicable remaining balance. If Company’s earned and incurred charges exceed the amount paid, Client remains responsible for the difference.

No refund is owed merely because Client:

  • Changes its business name, logo, colors, location, ownership, lease, opening date, or marketing plan;

  • Decides not to use a conforming Custom Product;

  • Orders a replacement from another provider without first allowing Company a reasonable opportunity to inspect and cure;

  • Fails to obtain landlord approval;

  • Fails to provide requested information;

  • Loses possession of the installation location; or

  • Experiences a governmental or third-party delay outside Company’s reasonable control.

Nothing in this section eliminates a remedy that cannot lawfully be waived.

7. Design and Client Approval

Client is responsible for reviewing and approving:

  • Spelling;

  • Grammar;

  • Business names;

  • Phone numbers;

  • Addresses;

  • Website and social-media information;

  • Logos and trademarks;

  • Colors;

  • Dimensions;

  • Quantities;

  • Materials;

  • Illumination;

  • Placement;

  • Mounting method; and

  • Overall design.

Production begins only after Client provides written or electronic approval of the applicable final design.

Approval of a final design constitutes acceptance of all reasonably observable design specifications. Changes requested after approval constitute additional work and may affect pricing and scheduling.

Final dimensions, proportions, colors, brightness, finishes, and placement may vary reasonably from electronic proofs because of manufacturing processes, available materials, lighting, screen calibration, site conditions, viewing distance, and installation requirements.

Unless a different tolerance is stated in the Order, ordinary manufacturing variations not materially affecting the product’s intended use do not constitute a defect.

8. Client-Provided Artwork and Intellectual Property

Client represents that Client owns or has permission to use all names, logos, trademarks, photographs, artwork, fonts, designs, and other content supplied or approved by Client.

Client is responsible for claims arising from infringement, unauthorized use, or improper use of Client-provided or Client-approved content, except to the extent caused by Company’s unauthorized modification or use outside the Order.

Unless transferred in writing, Company retains ownership of its original design files, fabrication files, production files, embroidery files, digitized files, layouts, drawings, renderings, mockups, programming, and manufacturing methods.

Purchase of a finished product does not include editable, vector, production-ready, fabrication, embroidery, or source files unless expressly included in writing.

9. Client Information and Project Delays

Client shall timely provide accurate and complete information reasonably necessary for the project, including:

  • Property-owner and landlord information;

  • Executed leases;

  • Certificates of occupancy;

  • Property-management approvals;

  • Site plans and surveys;

  • Electrical information;

  • Access instructions;

  • Business and contact information;

  • Sign criteria;

  • Existing permit information; and

  • Any documents requested by governmental or third-party reviewers.

Estimated schedules are automatically extended by delays caused by missing, incomplete, inaccurate, revised, or late Client information.

Company is not responsible for expenses, opening delays, rent, lost sales, or other consequences caused by Client’s failure to timely provide required information.

10. Production and Completion Estimates

Production, permitting, inspection, delivery, and installation dates are estimates unless the applicable Order expressly states that a particular date is guaranteed.

Any estimated completion period begins only after Company receives:

  1. All required payments;

  2. Written approval of the final design;

  3. All requested Client, property, and landlord documentation;

  4. Site access and accurate field measurements; and

  5. Any governmental or third-party approval required before the applicable stage of work.

Estimated dates may be extended because of permitting, plan review, inspections, engineering, landlord approval, design changes, weather, unsafe conditions, site readiness, labor availability, equipment failure, material shortages, shipping, utility conditions, or events outside Company’s reasonable control.

11. Permits and Governmental Approvals

Company will provide permit services only when those services are expressly included in the Order.

Permit, inspection, engineering, variance, zoning, resubmittal, landlord-review, expedited-review, and related governmental or third-party fees are additional unless expressly included.

Company does not guarantee that a city, county, landlord, property manager, utility, or other authority will approve:

  • A specific design;

  • A specific size;

  • A specific location;

  • A specific illumination method;

  • A variance;

  • A particular mounting method; or

  • An application by a particular date.

Company will not permanently install regulated signage until Company confirms that the required permit has been issued and any required pre-installation inspection or authorization has been completed.

Client requests, scheduling demands, opening dates, verbal instructions, or willingness to accept the risk do not authorize Company to violate applicable law or install regulated signage before required approval.

If Client requests installation before required approval, Company may refuse the request, suspend the project, or offer a lawful temporary sign under a separate written authorization.

Company is not responsible for delays caused by governmental review, zoning review, variance proceedings, inspection availability, utility approval, landlord approval, or requests for additional documentation, provided Company performs the permit services included in the Order using commercially reasonable efforts.

12. Governmental or Landlord-Required Changes

If a governmental authority, landlord, property manager, utility, engineer, or inspector requires a change after Client’s approval, the resulting redesign, engineering, materials, fabrication, removal, permit, inspection, and reinstallation work constitutes a Change Order.

Client is responsible for the resulting additional cost unless the required change resulted directly from Company’s failure to follow:

  • The approved permit documents;

  • The approved final design;

  • Applicable codes that Company was responsible for following; or

  • The express requirements of the Order.

13. Property Authority and Landlord Approval

Client represents that Client:

  • Owns the installation property; or

  • Has obtained sufficient authority from the property owner, landlord, or property manager to approve the sign and contracted work.

Client’s representation includes authority to approve, as applicable:

  • Field measurements;

  • Sign location;

  • Installation;

  • Ordinary penetrations and fasteners;

  • Electrical connections;

  • Inspections;

  • Maintenance;

  • Removal;

  • Reinstallation; and

  • Access by Company and governmental inspectors.

Company may rely on Client’s representation unless Company receives written notice from the property owner or authorized property manager stating otherwise.

Client is responsible for obtaining and complying with lease requirements and private sign criteria unless the Order expressly assigns that responsibility to Company.

14. Access to the Property

Client authorizes Company and its employees, installers, subcontractors, engineers, inspectors, equipment providers, and governmental representatives to access the designated work area during scheduled or reasonably coordinated service periods for measurements, inspections, delivery, installation, correction, warranty service, removal, and other contracted work.

Company will provide reasonable notice before installation or reinstallation.

Client must promptly advise Company in writing of access restrictions, scheduling conflicts, security procedures, hazardous conditions, or withdrawal of access authorization.

Company will not enter locked interior areas without specific authorization.

If access authorization is withdrawn, Company may immediately suspend work. The project schedule will be extended, and Client is responsible for reasonable remobilization, storage, rescheduling, equipment, and other resulting costs unless the withdrawal resulted from Company’s uncured material breach.

After receiving a written cancellation, demand letter, access restriction, or instruction not to enter, Company will not return to the property without new written authorization from Client, the property owner, or another person legally authorized to grant access.

15. Site Conditions and Client Responsibilities

Unless expressly included in the Order, Client is responsible for:

  • Structural integrity of walls, roofs, facades, poles, raceways, and mounting surfaces;

  • A dedicated electrical circuit of the required voltage and capacity;

  • Code-compliant line, neutral, ground, disconnects, junction boxes, and primary wiring;

  • Unobstructed access to the installation area;

  • Removal or protection of vehicles, merchandise, furniture, and personal property;

  • Disclosure of concealed electrical lines, plumbing, post-tension cables, asbestos, hazardous materials, and other concealed conditions;

  • Accurate property and utility information; and

  • Permission to operate lifts or other equipment on the property.

Company may stop work if conditions are unsafe, inaccessible, materially different from those represented, or not ready for installation.

Additional trips caused by unavailable access, lack of power, unfinished construction, unsafe conditions, incorrect information, or lack of site readiness may result in additional charges.

16. Installation and Ordinary Penetrations

Client acknowledges that sign installation may require ordinary and necessary:

  • Holes;

  • Anchors;

  • Fasteners;

  • Penetrations;

  • Raceways;

  • Conduit;

  • Wiring;

  • Electrical connections;

  • Access openings; and

  • Mounting hardware.

Installation activities performed according to the approved design, approved installation method, permit documents, and applicable code do not constitute property damage merely because ordinary penetrations or attachment points are required.

Company remains responsible for direct physical damage caused by negligent installation outside the approved or reasonably necessary scope.

Unless expressly included, Company is not responsible for:

  • Preexisting damage;

  • Concealed deterioration;

  • Water intrusion originating outside Company’s work;

  • Structural defects;

  • Damage caused by unsuitable mounting surfaces;

  • Exact matching of faded or weathered surfaces;

  • Painting or refinishing;

  • Removal marks from prior signage; or

  • Conditions concealed before work began.

17. Removal, Patching and Restoration

Removal of existing signage, abandoned wiring, adhesive, raceways, cabinets, poles, foundations, anchors, or other components is not included unless expressly stated in the Order.

Patching, painting, waterproofing, resurfacing, masonry repair, stucco repair, matching faded finishes, and complete restoration of prior mounting locations are excluded unless expressly included.

Company does not guarantee an exact match to existing paint, masonry, stucco, siding, finish, weathering, fading, or texture.

18. Temporary Signs and Banners

Temporary banners or signs are temporary measures and are included only when expressly stated in the Order or separately authorized.

Providing a temporary banner or sign as a courtesy does not constitute an admission of breach, negligence, liability, responsibility for governmental delay, or agreement to compensate Client for alleged business losses.

Temporary signs remain subject to governmental ordinances, landlord requirements, weather limitations, and installation conditions.

19. Inspection and Acceptance

Client shall inspect completed work promptly.

The following may constitute acceptance of reasonably observable workmanship and conformity:

  • Client’s written confirmation;

  • Payment of the final balance after inspection;

  • Use or display of the product;

  • Acknowledgment that installation was completed;

  • A request for additional products or services following installation; or

  • Failure to provide written notice of a reasonably observable nonconformity within five business days after delivery or installation.

Acceptance does not waive:

  • Latent defects that could not reasonably have been discovered;

  • Valid warranty claims;

  • Material deviations from the approved Order; or

  • Rights that cannot lawfully be waived.

20. Notice and Opportunity to Inspect and Cure

Client shall provide Company written notice describing any alleged deficiency, damage, defect, delay, or breach in reasonable detail.

Except in an emergency involving immediate risk of personal injury or substantial property damage, Client shall provide Company a reasonable opportunity to:

  • Inspect the product and installation;

  • Photograph and document the condition;

  • Communicate with applicable inspectors or authorities;

  • Repair or replace defective components;

  • Complete unfinished contracted work; or

  • Otherwise cure an alleged deficiency.

Before cancelling an Order, hiring another contractor to replace or modify Company’s work, removing or discarding a product, initiating a chargeback, or filing a claim, Client shall allow Company at least ten business days to inspect and propose a cure, followed by a commercially reasonable period to complete an accepted cure.

If Company seasonably corrects the alleged deficiency, Client is not entitled to reject a conforming Custom Product or recover duplicative replacement costs.

This provision does not delay emergency protective measures or eliminate rights that cannot lawfully be waived.

21. Work by Other Contractors

Company is not responsible for costs charged by another contractor unless Company authorized those costs in writing or Client first provided Company the required notice and reasonable opportunity to inspect and cure.

Unauthorized removal, modification, repair, relocation, electrical work, disconnection, transportation, storage, or reinstallation by another person may affect warranty coverage only to the extent that the third party’s work caused, concealed, prevented inspection of, or contributed to the claimed damage or failure.

Client shall preserve the product and relevant evidence while a properly notified claim is being investigated. Intentional disposal, alteration, or destruction of material evidence may prevent Company from evaluating the claim.

22. Change Orders

Any change to design, size, quantity, materials, colors, finishes, electrical requirements, sign location, installation method, scope, access, schedule, or site conditions may require a written Change Order and additional payment.

Company is not required to perform additional or modified work until the Change Order is approved and any required payment is received.

Approval may be established through a signed document, email, text message, electronic approval, or payment specifically associated with the Change Order.

Client-Requested Sign Relocation or Reinstallation

If signage has been manufactured and installed in accordance with the final design, proof, rendering, mockup, photomontage, sign location, or installation method approved by Client, any subsequent Client-requested relocation, repositioning, modification, adjustment, or reinstallation constitutes additional work and requires a Change Order.

A minimum reinstallation fee of $350.00 for each eight (8) linear feet of signage shall apply, in addition to any applicable equipment, labor, permit, engineering, travel, mobilization, electrical, structural, or material costs required to perform the requested work.

This charge does not apply to corrective work required because Company failed to install the signage in accordance with the approved Order, applicable permit documents, or requirements Company was responsible for following.

23. Limited Sign Warranty

Company provides a limited warranty on eligible signage products beginning on the original installation date, subject to the terms, limitations, and exclusions stated below.

Warranty Period

Labor Warranty – One (1) Year: Labor related to covered manufacturing or installation defects is warranted for one (1) year from the original installation date.

Materials Warranty – Three (3) Years: Eligible materials and components supplied and installed by Company are warranted for three (3) years from the original installation date.

During the first year, approved warranty claims for covered defects include eligible materials and labor.

During the second and third years, approved warranty claims cover eligible materials only. Client is responsible for all applicable labor and mobilization fees required to inspect, service, remove, repair, replace, or reinstall the warranted component.

During the applicable warranty period, Company may, at its option:

  • Repair a covered defect;

  • Replace a covered component;

  • Reperform defective installation work; or

  • Provide another commercially reasonable remedy.

Warranty coverage is limited to the product and work supplied by Company.

The warranty does not cover damage or failure caused by:

  • Hurricanes, tornadoes, floods, hail, lightning, fire, earthquakes, or other natural events;

  • Vandalism, theft, accident, impact, misuse, or neglect;

  • Building movement or structural failure;

  • Unsuitable or deteriorated mounting surfaces;

  • Electrical conditions originating outside Company’s work;

  • Power surges or utility problems;

  • Water intrusion not caused by Company’s work;

  • Unauthorized modifications or repairs;

  • Work performed by third parties, but only to the extent that such work caused, concealed, prevented inspection of, or contributed to the claimed damage or failure;

  • Failure to perform recommended maintenance;

  • Normal wear, fading, discoloration, corrosion, or environmental deterioration; or

  • Relocation from the original installation site.

Client must provide the installation address, photographs, a description of the condition, and reasonable access for inspection.

The warranty is nontransferable unless Company agrees otherwise in writing.

24. Apparel, Printing and Promotional Products

Client is responsible for approving spelling, sizes, quantities, colors, logo placement, personalization, materials, and production method.

Reasonable variations may occur between electronic proofs and finished products because of screen calibration, printing processes, garment batches, material texture, ink, thread, heat, lighting, and manufacturing tolerances.

Garments and client-supplied products may react differently to embroidery, heat, ink, pretreatment, adhesives, or printing. Company is not responsible for preexisting defects or characteristics of client-supplied materials.

25. Vehicle Wraps and Graphics

By authorizing work, delivering a vehicle to Company, paying a deposit or invoice, approving a Quote or Estimate, or accepting services, Client agrees to the following terms applicable to vehicle wraps, decals, vinyl, and graphics installation.

25.1. Vehicle Insurance and Customer Responsibility

Primary Insurance Coverage: Client’s vehicle shall remain covered under Client’s active auto insurance policy at all times while present at Company’s facility or during necessary operational tests.

Vehicle Insurance: Company does not provide auto insurance coverage for Client’s vehicle against theft, fire, vandalism, severe weather events, or third-party accidental damages while parked at or stored inside or outside Company’s premises.

Nothing in this section limits responsibility that cannot lawfully be excluded or responsibility for damage directly caused by Company’s negligence or willful misconduct.

25.2. Vehicle Preexisting Condition, Paint and Bodywork

“As-Is” Vehicle Acceptance: Vehicles are accepted in their current physical and mechanical condition. A joint pre-inspection may be conducted upon drop-off to document preexisting body damage, deep scratches, rust, paint chips, or other observable conditions.

Non-OEM and Aged Paint: Company is not responsible for paint peeling, clear-coat lifting, or paint damage during vinyl application or future removal to the extent caused by non-original factory paint, aftermarket repaints, aged or deteriorated clear coats, preexisting rust, corrosion, or similar preexisting conditions.

Brittle and Aged Vehicle Parts: Sun exposure, age, deterioration, and prior repairs may make plastic clips, trim, rubber seals, door handles, mirror caps, and similar components brittle. Company is not responsible for damage resulting from preexisting deterioration where ordinary and reasonable disassembly was necessary to perform the contracted work.

25.3. Emblems, Badges and Reinstallation

To achieve proper adhesion and a seamless wrap appearance, factory emblems, letters, badges, or similar components may need to be removed before vinyl installation.

Company does not guarantee that removed emblems, badges, or lettering can be reinstalled in their exact original factory placement.

Emblems backed by old, dried adhesive or sun-damaged foam may break, deform, or become unsuitable for reuse upon removal. Unless damage was directly caused by Company’s negligent handling, replacement of deteriorated or nonreusable emblems or badges is the responsibility of Client.

25.4. Parking and Safety Sensors

Vinyl may be applied over or around parking sensors or similar vehicle components depending on the approved installation.

Because sensor operation may be affected by vehicle design, sensor condition, vinyl placement, calibration, or manufacturer specifications, Company does not guarantee uninterrupted functionality of sensors affected by the wrap installation.

Company remains responsible for direct damage caused by negligent installation outside the approved or reasonably necessary scope.

25.5. Vehicle Cleanliness and Preparation

Vehicles must be delivered clean, washed, and reasonably free of mud, dirt, dust, grease, oil, wax, tire shine, ceramic coatings, adhesive residue, or other contaminants that may interfere with vinyl, sticker, decal, or graphic adhesion.

Client is responsible for ensuring that vehicle surfaces scheduled for installation are reasonably suitable for the contracted work.

Unless removal services are specifically included in the approved Order, Client is responsible for removing existing stickers, decals, vinyl, adhesive residue, or other materials from the installation area before the scheduled installation.

If additional cleaning, adhesive removal, grease removal, coating removal, surface preparation, or similar work is required, Company may charge an additional Vehicle Preparation Fee.

If Company is unable to complete the scheduled installation because the vehicle or installation surface is dirty, contaminated, improperly prepared, inaccessible, or otherwise unsuitable for installation, Client may be responsible for applicable service, rescheduling, installation, or mobilization fees.

Company is not responsible for lifting, peeling, bubbling, adhesion failure, surface damage, or premature deterioration to the extent caused by:

  • Improperly prepared or contaminated surfaces;

  • Preexisting adhesive or vinyl;

  • Deteriorated paint or clear coat;

  • Rust or corrosion;

  • Non-OEM paint;

  • Wax, ceramic coating, grease, silicone, or similar contaminants; or

  • Other preexisting vehicle conditions.

25.6. Personal Belongings

Client must remove personal belongings, tools, money, valuables, and other sensitive items from the vehicle before drop-off.

Company is not responsible for loss of personal belongings left inside a vehicle except to the extent the loss was caused by conduct for which liability cannot lawfully be excluded.

25.7. Industry Standards and Vinyl Limitations

A vehicle wrap is a flexible vinyl covering and is not equivalent to a custom paint finish.

Complex curves, deep recesses, sharp body lines, seams, panel transitions, door edges, hardware, sensors, and other vehicle features may require standard industry installation techniques such as seams, overlays, relief cuts, inlays, or other methods intended to reduce lifting or excessive stretching.

Reasonable use of these techniques does not constitute a defect when consistent with accepted installation practices and the intended use of the material.

25.8. Acceptance

Approval of the applicable Quote, Estimate, Invoice, Work Order, final design, payment of a deposit, or electronic authorization constitutes Client’s acceptance of the Vehicle Wraps and Graphics provisions contained in these Terms.

26. Disclaimer of Business Results

Company provides signs, graphics, printing, apparel, and related services.

Company does not guarantee:

  • Customer traffic;

  • Sales;

  • Revenue;

  • Profitability;

  • Visibility from every location or angle;

  • Search-engine results;

  • Advertising performance;

  • Business-opening dates; or

  • Any particular financial result.

Client remains responsible for business operations, advertising decisions, lease obligations, operating expenses, and mitigation of alleged losses.

27. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY TEXAS LAW, COMPANY SHALL NOT BE LIABLE FOR LOST PROFITS, LOST REVENUE, LOSS OF BUSINESS, BUSINESS INTERRUPTION, LOSS OF GOODWILL, LOSS OF USE, OR OTHER INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED THAT SUCH DAMAGES MAY OCCUR.

COMPANY’S AGGREGATE LIABILITY ARISING OUT OF A PARTICULAR ORDER SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID TO COMPANY FOR THE SPECIFIC PRODUCT OR SERVICE GIVING RISE TO THE CLAIM.

Any claim for alleged lost revenue or business interruption must be supported by contemporaneous business records establishing the amount, causation, foreseeability, and mitigation of the claimed loss.

This limitation does not apply to liability that cannot lawfully be limited or to damages resulting from fraud, willful misconduct, or other conduct for which limitation is prohibited by applicable law.

28. Indemnification

Client shall indemnify and hold Company harmless from third-party claims, damages, penalties, and reasonable expenses arising from:

  • Client-provided or Client-approved intellectual property;

  • Inaccurate information supplied by Client;

  • Client’s lack of authority to approve work at the property;

  • Structural conditions controlled by Client or the property owner;

  • Electrical systems outside Company’s contracted work;

  • Hazardous materials not disclosed to Company;

  • Client’s violation of lease requirements; or

  • Instructions from Client that violate third-party rights.

This obligation does not apply to the extent a claim was caused by Company’s negligence, willful misconduct, or violation of applicable law.

29. Force Majeure

Company is not responsible for delays or failure to perform caused by events outside its reasonable control, including severe weather, natural disasters, fire, flood, governmental action, civil emergency, labor disruption, utility interruption, transportation interruption, supplier failure, material shortage, epidemic, war, terrorism, theft, vandalism, or similar events.

The affected schedule will be reasonably extended for the duration and impact of the event.

30. Photographs and Project Documentation

Company may photograph its work before, during, and after installation for documentation, warranty, training, code-compliance, insurance, and dispute-resolution purposes.

Company may use nonconfidential photographs of completed work for its portfolio, website, social media, and marketing unless Client provides a written confidentiality request before production begins.

Company will not intentionally publish confidential documents, access codes, personal financial information, or images of individuals where separate consent is legally required.

31. Communications

Client authorizes Company to communicate about the Order through telephone, email, text message, online messaging, and other contact information supplied by Client.

Transactional communications may include approvals, scheduling, invoices, payment reminders, permit updates, delivery information, service notices, and warranty communications.

Marketing text-message consent is optional and is not a condition of purchase.

Opting out of marketing communications does not prevent Company from sending legally permitted transactional communications concerning an active Order.

31.1. SMS Communications

Where Client separately opts in to receive marketing SMS communications, message frequency may vary and message and data rates may apply.

Client may opt out of marketing text messages at any time by replying STOP.

For assistance regarding SMS communications, Client may reply HELP or contact Company using the contact information identified on the applicable Order.

Wireless carriers are not responsible for delayed or undelivered messages.

SMS marketing consent will not be sold or shared with third parties or affiliates for their independent marketing purposes.

31.2. Communications Concerning Outstanding Balances

Company may communicate regarding invoices, payment status, and outstanding balances with the person or entity identified as Client or otherwise authorized in connection with the applicable Order.

If a contractor, intermediary, reseller, or other third party requires pricing, balances, payment status, or other financial information to remain confidential from a property owner, end customer, or other project participant, that requirement must be provided to Company in writing before Company communicates such information to that person.

Nothing in this provision authorizes disclosure of confidential information to a person who is not reasonably connected with or authorized in relation to the applicable Order.

32. Claims and Dispute Resolution

Before filing suit, either party shall provide written notice describing the dispute, the requested resolution, and the amount claimed.

The parties shall attempt in good faith to resolve the dispute through written communications and at least one informal settlement conference.

Nothing in this section prevents either party from:

  • Seeking emergency injunctive relief;

  • Preserving a mechanic’s lien or other statutory deadline;

  • Responding to an already-filed action; or

  • Exercising a right that cannot lawfully be delayed or waived.

33. Governing Law, Venue and Attorney’s Fees

Texas law governs the Order.

Unless applicable law requires otherwise, exclusive venue for any legal action arising from the Order shall lie in Tarrant County, Texas.

The prevailing party in a dispute arising from the Order may recover reasonable attorney’s fees and court costs to the extent permitted by applicable law.

34. No Waiver of Nonwaivable Rights

Nothing in these Terms waives or limits any protection, remedy, warranty, notice requirement, or other right that cannot lawfully be waived or limited.

No provision of these Terms is intended to constitute an unlawful waiver of rights under the Texas Deceptive Trade Practices–Consumer Protection Act or any other applicable law.

35. Severability

If any provision of these Terms is found invalid, unlawful, or unenforceable, that provision will be enforced to the maximum extent permitted, and the remaining provisions will remain effective.

36. No Waiver by Delay

A party’s delay or failure to enforce a provision does not waive that provision or any other right.

A waiver is effective only when made in writing by an authorized representative of the waiving party.

37. Amendments and Version Control

Company may update these Terms from time to time.

An updated version applies only to Orders placed after the effective date shown at the top of that version.

The Terms applicable to an existing Order are the specific version accepted by Client when Client approved or paid for that Order.

Company will maintain records identifying the version applicable to each Order.

38. Notices

Legal notices to Company must be delivered to the legal entity and address identified on the applicable Invoice or Sales Order, with a copy sent to the official email address shown on that document.

A notice is considered received when confirmed as delivered by:

  • Certified mail;

  • Nationally recognized delivery service;

  • Personal delivery; or

  • Email to the official address stated on the applicable Order, provided the sender retains delivery evidence.

Notices concerning ordinary scheduling, design approval, production, permitting, installation, or service may be delivered through the parties’ established email or messaging channel.

39. Contact Information

Questions regarding these Terms or an active Order should be directed to the legal entity and contact information identified on the applicable Quote, Estimate, Sales Order, Invoice, or Work Order.