This Damage Waiver Agreement ("Agreement") is entered into by and between Your Home Tech Guy Ltd. ("Company"), and the undersigned customer ("Customer"), collectively referred to as the "Parties." By signing this Agreement, the Customer acknowledges and agrees to the terms and conditions below regarding any work performed at the Customer's premises.
1. WORK TO BE PERFORMED
The Company agrees to provide the following services ("Services") at the Customer's residence:
[Provide description of the work/services being performed, e.g., installation, repair, or maintenance of technology/electronics systems, home networking, etc.]
2. DAMAGE WAIVER
The Company will take all reasonable precautions to prevent damage to the Customer's property during the performance of Services. However, by signing this waiver, the Customer agrees to the following terms:
2.1 Accidental Damage
In the event that damage occurs to the Customer's property during the provision of the Services, the Company will not be held liable for incidental or accidental damage that is unavoidable during the course of the work.
2.2 Exclusions
This waiver does not apply to damages caused by the Customer's own actions, neglect, or failure to provide adequate access or conditions for the performance of Services. This includes, but is not limited to:
- Damage caused by pre-existing issues in the property, such as faulty wiring, structural issues, or damaged equipment.
- Damage caused by conditions outside of the Company's control, including, but not limited to, water damage, weather events, or power surges.
2.3 Responsibility for Pre-Existing Damages
The Company is not liable for any damages that pre-exist or are discovered during the work but were not caused directly by the Company's actions.
3. LIMITATION OF LIABILITY
The Company's total liability for any damage or loss arising out of or in connection with the Services shall not exceed the total amount paid by the Customer for the specific Services being performed. In no event shall the Company be liable for any consequential, incidental, indirect, or punitive damages arising from the work, including but not limited to loss of income, disruption of daily activities, or loss of property.
4. CUSTOMER RESPONSIBILITIES
4.1 Pre-Work Inspection
The Customer agrees to conduct a pre-work inspection of their property to ensure that all valuable or fragile items are secured or removed from the areas where work will be performed. The Company will not be liable for any damage to items not removed or properly secured.
4.2 Access to Property
The Customer must provide the Company with reasonable access to all areas of the home where Services are to be performed. If the Customer's property is not accessible or the work area is unsafe, the Company reserves the right to delay or terminate the Services until access and safety are ensured.
4.3 Warranty of Equipment
If the Services involve the installation or configuration of Customer-supplied equipment, the Customer is responsible for ensuring that all equipment is in proper working order. The Company is not responsible for any damage resulting from faulty or incompatible equipment provided by the Customer.
5. INSURANCE
The Company carries appropriate business insurance to cover any potential damage to property or injury that occurs during the course of the work. The Customer agrees to allow the Company to provide proof of insurance upon request.
6. WORK SCOPE LIMITATIONS
The Company will only perform Services as specified in the work order or contract. Any changes to the scope of work must be agreed upon in writing between the Parties.
The Company will not be responsible for any issues that arise due to factors outside the scope of work agreed upon.
7. CLAIMS PROCEDURE
7.1 Reporting Damage
The Customer must report any damage or issue that occurs during the course of the work to the Company immediately, but no later than 48 hours after the completion of the Services.
7.2 Resolution
The Company will investigate the claim and, at its discretion, may offer a solution such as repair or compensation up to the limits outlined in this Agreement.
8. ACCEPTANCE OF TERMS
By ticking the box, the Customer acknowledges that they have read and understand this Damage Waiver Agreement and agree to the terms and conditions set forth. The Customer further acknowledges that they are aware of the limitations of liability and the scope of the Services.