Bright Haven Electric LLC – Terms & Conditions for Electrical Services

Payment Terms

The Price shall be paid as follows: 100% upon completion of Work. Invoices are due upon presentation. All outstanding balances shall accrue interest at 18% per annum, or the maximum rate permitted by Minnesota law, whichever is lower. A $50 charge may be assessed on all returned checks. A 3% fee may be charged on credit card payments where permitted. Debit cards and pre-paid cards are not accepted.

Acceptance

By accepting the proposal and/or by clicking accept on estimates, quotations, and/or proposals in email or on Contractor’s website, the acceptance has the same legal effect and validity as a handwritten signature. By accepting the estimate you agree to all terms listed herein and potentially other terms available on the Bright Haven Electric LLC website (such as Terms of Service or Privacy Policy, accessible via links provided on the website or quote, e.g., Privacy Policy.

These terms and conditions apply to all services or products supplied by Bright Haven Electric LLC (“Contractor”) to or for Customer under the Proposal or otherwise.

Service Terms

Work. The term “Work” means any goods, products and parts (collectively “Products”) together with all services supplied or required to be supplied by Contractor to or for Customer under the Proposal or otherwise. The Proposal may be withdrawn by Contractor if not accepted within 30 days. Due to the fluctuation in Product prices, any Work not commenced within 30 days of Contractor’s signature on Proposal is subject to price increase. In addition to any items specifically excluded from the Work on the Proposal, the following items are specifically excluded from the Work and the price: patching; painting; appliances; stereo, computer, and other equipment; servers; duct work; hazardous material abatement, and utility fees. Work does not include unanticipated conditions discovered during Work. Any work performed by Contractor that is not included in the Proposal will be performed as additional services (“Additional Services”). All Additional Services will be billed as follows: $150 first hour, $100 additional hours plus Products – at Contractor’s cost plus 20%. Customer is responsible for ensuring that the Property is reasonably clean and free from obstructions. Customer shall ensure that there is at least 3 feet of clearance space around any wall or floor areas and sufficient clearance for an 8 foot ladder below any ceiling areas on which the Contractor is performing Work. Any Contractor time spent clearing any areas will be billed as Additional Services.
Risk of Loss. Risk of Loss and the duty to insure any Work shall pass to Customer at the time of installation. Once any portion of the Work is installed, Customer is solely responsible to insure and protect it. Any repairs or replacements necessitated by events occurring after risk of loss has passed will be performed and billed as Additional Services. Customer agrees to carry appropriate property insurance prior to, during, and subsequent to completion of the Work.
Manufacturer’s Warranty. CONTRACTOR MAY PROVIDE PRODUCTS MANUFACTURED BY OTHERS. CUSTOMER’S SOLE REMEDY FOR THOSE DEFECTIVE PRODUCTS, if any, SHALL BE UNDER THE MANUFACTURER’S WARRANTY, if any. Contractor will assist Customer in understanding the manufacturer’s warranty process upon request.
Limited Workmanship Warranty. THE ONLY WARRANTIES THAT THE CONTRACTOR PROVIDES FOR THE MATERIALS AND EQUIPMENT INCORPORATED INTO THE WORK ARE THE MANUFACTURER’S WARRANTIES, IF ANY, AS PROVIDED IN PARAGRAPH 3. Except as provided in Paragraph 3, Contractor warrants to Customer that its installation services shall be performed in a workmanlike manner consistent with industry standards and the Proposal. Contractor warrants that the installation Work shall comply with this workmanship warranty for a period of 1 year from the date of completion.
Timely Claim for Workmanship Warranty. Customer’s claims under the Limited Workmanship Warranty, if any, are waived unless Customer delivers to Contractor at its address (1315 110th St SW, Milan MN 56262) a written claim fully describing the allegedly defective workmanship within the warranty period specified in Paragraph 4 (1 year of completion). The Workmanship Warranty contained herein applies to the original Customer only and is not assignable.
Matters Not Warranted. Contractor is not responsible for the suitability of Products for Customer’s use or premises, nor for any non-conformities or damage caused by or contributed to by (a) other than normal and proper usage, (b) improper maintenance, (c) incorrect installation by Customer or third parties, (d) misuse or abuse, (e) alterations made without the written consent of Contractor, (f) improper repairs made by Customer or others, (g) defects in Products, materials, labor, or designs provided by Customer or its agents, (h) normal wear and tear, or (i) acts of God. CONTRACTOR IS NOT RESPONSIBLE UNDER WARRANTY OR OTHERWISE FOR ANY PRE-EXISTING DEFECTIVE CONDITIONS OR DAMAGE UNLESS SPECIFICALLY ADDRESSED IN THE PROPOSAL. Contractor shall not be held liable for the natural consequences of Contractor’s work performed according to standard practices. Contractor shall not be held liable for damage to personal property, real property, fixtures, or any improvements to real property caused by persons delivering materials or equipment unless due to Contractor’s negligence. Contractor shall not be held liable for keeping gates and doors closed for children and animals, although reasonable care will be taken.
Disclaimers/Conditions. EXCEPT AS PROVIDED HEREIN (SPECIFICALLY THE LIMITED WORKMANSHIP WARRANTY IN PARAGRAPH 4), CONTRACTOR DISCLAIMS AND CUSTOMER WAIVES ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AS TO ANY MATTERS WHATSOEVER RELATING TO THE WORK, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY MINNESOTA LAW. All Warranties provided in these terms and conditions are CONDITIONED UPON THE CUSTOMER’S PAYMENT FOR THE WORK IN ACCORDANCE WITH THE PAYMENT TERMS. Time is of the essence with respect to the Payment Terms.
Remedy. Under any circumstances for which Customer has a valid claim relating to the Work, whether for defects covered by the Limited Workmanship Warranty or otherwise, Customer’s sole remedy shall be limited to, at Contractor’s sole discretion, THE REPAIR OR REPLACEMENT OF THE SPECIFIC DEFECTIVE WORKMANSHIP OR PART THEREOF. CONTRACTOR SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES TO CUSTOMER OR THIRD PARTIES FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, TO THE MAXIMUM EXTENT PERMITTED BY MINNESOTA LAW.
CANCELLATIONS. Upon acceptance of a proposal, Contractor reserves scheduling time for the Customer’s project and may begin administrative preparation, planning, and material procurement. Cancellations by Customer after acceptance cause Contractor to incur administrative costs, planning time, potential loss of other scheduled work (‘time loss’), and potentially non-refundable material costs. Therefore, Customer agrees that any deposit paid may be forfeited as liquidated damages intended to partially cover these incurred costs and time loss. In addition to any deposit forfeiture, Customer will be responsible for the actual cost of any non-returnable materials ordered or custom items fabricated specifically for the project prior to the time of cancellation.
Hazardous Substances. Customer represents that the work site is free from known hazardous substances unless disclosed to Contractor in writing prior to the Proposal. Customer will defend, indemnify and hold harmless Contractor from and against any and all claims, liabilities, fines, proceedings, judgments, and expenses (including attorney fees) incurred by Contractor relating to any hazardous substance discovered at the site not brought there by Contractor.
Interpretation, Jurisdiction, Venue. This Agreement shall be governed by the laws of the State of Minnesota. Courts in Swift County, Minnesota shall have exclusive venue and jurisdiction over any controversy arising out of or relating to the Work. Contractor shall be entitled to its reasonable attorney’s fees, costs, and collection fees in any action to collect any amount owed by Customer.
Confidentiality and Customer Conduct
- (a) Prohibited Conduct: Customer agrees not to publish, post, or otherwise disseminate any statements or content related to Contractor or the Work performed that:
  - (i) Contain intentionally and factually false statements that cause harm to Contractor’s reputation (defamation);
  - (ii) Reveal Confidential Information belonging to Contractor (which may include proprietary business processes, non-public pricing structures, or specific terms of any mutual termination/settlement agreement) obtained solely through the business relationship;
  - (iii) Are harassing, abusive, obscene, threatening, or discriminatory in nature;
  - (iv) Are clearly unrelated to the goods or services provided by Contractor; or
  - (v) Are otherwise unlawful or violate the legal rights of others.
- (b) Exception for Compelled Statements: Nothing in this section prevents either party from making truthful statements if compelled by court order, legal proceeding, or as otherwise required by law.
Miscellaneous. If Contractor’s performance is prevented, hindered, delayed or otherwise made impracticable by reason of any cause beyond the control of Contractor (including but not limited to acts of God, material shortages, labor disputes, government actions), Contractor shall be excused from such performance to the extent impacted by the event. Except to the extent the parties otherwise agree in writing, the Proposal and these terms and conditions are the exclusive expression of the understanding of the parties in connection with the Work. If any term or provision herein is held by any court to be illegal or unenforceable, the remaining terms and provisions shall remain in effect.

Required Minnesota Notices

Pre-Lien Notice (Per MN Stat § 514.011, Subd. 1)

(A) 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 THE CONTRIBUTIONS.

(B) UNDER MINNESOTA LAW, YOU HAVE THE RIGHT TO PAY PERSONS WHO SUPPLIED LABOR OR MATERIALS FOR THIS IMPROVEMENT DIRECTLY AND DEDUCT THIS AMOUNT FROM OUR CONTRACT PRICE, OR WITHHOLD THE AMOUNTS DUE THEM FROM US UNTIL 120 DAYS AFTER COMPLETION OF THE IMPROVEMENT UNLESS WE GIVE YOU A LIEN WAIVER SIGNED BY PERSONS WHO SUPPLIED ANY LABOR OR MATERIAL FOR THE IMPROVEMENT AND WHO GAVE YOU TIMELY NOTICE.

Minnesota Contractor Recovery Fund Notice

MINNESOTA CONTRACTOR RECOVERY FUND

Payments received by contractors for work on residential real estate must be deposited in a trust account under Minnesota Statutes, section 326B.805, subdivision 3. Payments may be used by the contractor only for labor, skill, material, and equipment contributed to the improvement by the contractor or its subcontractors. The Contractor Recovery Fund provides limited compensation to homeowners who have suffered a loss due to a residential building contractor’s or remodeler’s illegal or fraudulent activity. For information or to file a claim, contact the Minnesota Department of Labor and Industry at (651) 284-5069 or 1-800-342-5354.

Contractor Disclosure

Bright Haven Electric LLC is licensed by the State of Minnesota as a Class A Electrical Contractor, Contractor Registration Number: EA807465.
Bright Haven Electric LLC is bonded by NGM Insurance Company, Bond Number: S-967758.
Bright Haven Electric LLC is Insured by North Star Mutual Insurance Co., Policy Number: CM6473