Terms of Service
Rhythm Works LLC
These Terms of Service (“Terms”) apply to estimates, proposals, work authorizations, invoices, and services provided by Rhythm Works LLC (“Contractor”) to the customer (“Customer”).
By approving an estimate, authorizing work, signing a proposal, allowing work to begin, or making payment, Customer agrees to these Terms, except where a separate written agreement signed by both parties provides otherwise.
1. Scope of Work
Contractor will perform only the work specifically described in the applicable estimate, proposal, work order, or invoice.
Any work requested by Customer that is outside the original scope of work will be treated as additional work and may result in additional labor, material, equipment, disposal, permit, subcontractor, or other charges.
Contractor is not obligated to perform additional work until Customer authorizes it, except where immediate action is reasonably necessary to protect persons or property.
2. Estimates
Estimates are based upon conditions reasonably observable or known to Contractor at the time of estimating. Unless expressly stated as a fixed-price contract, an estimate is not a guarantee of the final cost.
Additional charges may result from:
- Hidden or concealed conditions
- Rot, water damage, mold, pests, or structural deterioration
- Existing code violations
- Defective or inadequate prior repairs
- Customer-requested changes
- Additional labor or materials
- Unforeseen site conditions
- Required permits or inspections
- Work performed by other contractors or trades
- Delays outside Contractor's reasonable control
Where reasonably practical, Contractor will notify Customer before performing substantial additional work.
3. Change Orders
Changes to the scope of work should be documented in writing whenever reasonably possible. Written approval by email, text message, electronic approval, signed document, or other reasonably verifiable communication may constitute authorization for additional work.
Additional work will be billed at the applicable labor rate and material costs unless a different price is agreed upon.
4. Labor, Materials & Subcontractors
Customer agrees to pay for labor and materials necessary to complete the authorized work. Unless otherwise stated, materials may be selected by Contractor based on reasonable availability, suitability, and price. Customer-requested specialty, premium, or specific-brand materials may result in additional charges.
Contractor may use qualified subcontractors or specialty trades when reasonably necessary or appropriate for the work, and will not knowingly perform work outside the scope of its applicable license or qualifications.
5. Licensing, Permits & Code Requirements
Contractor will perform work only to the extent permitted by applicable Michigan law, licensing requirements, and the scope of Contractor's applicable license. Michigan regulates residential builders and Maintenance & Alteration contractors for residential construction, repair, alteration, improvement, and related work, and certain trades require appropriate licensing.
Unless specifically stated in writing, Customer is responsible for fees or costs associated with permits, inspections, engineering, architectural services, or other governmental requirements.
Contractor may refuse or discontinue work that Contractor reasonably believes requires a license, permit, specialty trade, engineering, or other qualification that Contractor does not possess.
6. Existing Conditions
Customer acknowledges that existing structures and systems may contain concealed defects or conditions that cannot reasonably be identified before work begins. Contractor is not responsible for pre-existing conditions or damage caused by concealed defects, defective construction, deterioration, improper installation, or previous work performed by others.
If concealed conditions are discovered, Contractor may stop work until the condition is evaluated and the parties agree on how to proceed.
7. Unsafe Conditions
Contractor may refuse, suspend, or terminate work if the worksite is unsafe or presents an unreasonable risk to Contractor, employees, subcontractors, Customer, occupants, or property — for example, exposed electrical hazards, structural instability, hazardous materials, dangerous animals, unsafe working conditions, or excessive clutter.
Additional costs caused by unsafe or inaccessible conditions may be charged to Customer where permitted by law.
8. Customer Responsibilities
Customer agrees to:
- Provide reasonable access to the property and work area, including necessary utilities when required
- Remove or protect valuable, fragile, sentimental, or personal property
- Disclose known defects, hazards, prior repairs, or other conditions that could affect the work
- Obtain any owner, landlord, condominium, HOA, or other required approval
- Keep children, pets, and unauthorized persons away from active work areas
- Ensure Contractor has lawful permission to perform the requested work
Contractor is not responsible for damage to items that Customer fails to remove or adequately protect.
9. Scheduling and Delays
Any completion date provided by Contractor is an estimate unless a guaranteed completion date is expressly stated in a written agreement. Contractor is not responsible for delays caused by weather, material shortages, supplier delays, inspections, permitting, subcontractors, illness, emergencies, labor shortages, concealed conditions, Customer delays, or other circumstances beyond Contractor's reasonable control.
10. Payment
Unless otherwise stated on the applicable invoice or written agreement, payment is due upon completion of the authorized work. Customer agrees to pay all undisputed amounts when due, and Contractor may suspend additional work if an account becomes past due.
Customer remains responsible for charges for authorized work, materials ordered specifically for the project, and other non-refundable project expenses, subject to applicable law.
11. Late Payments and Collection Costs
To the extent permitted by Michigan law, overdue balances may be subject to reasonable late charges, collection costs, court costs, and reasonable attorney fees incurred in collecting an undisputed amount owed. Nothing in these Terms requires Customer to pay charges prohibited by applicable law.
12. Deposits
If a deposit is required, the amount and purpose will be stated on the applicable estimate or invoice. Deposits may be used toward labor, materials, scheduling, mobilization, or other project expenses. Refunds of deposits will be handled according to the applicable written agreement and Michigan law.
13. Cancellation and Rescheduling
Customer should provide reasonable notice when canceling or rescheduling an appointment. A cancellation, mobilization, restocking, or other reasonable charge may apply when disclosed in advance and permitted by law.
Nothing in these Terms is intended to eliminate or restrict any statutory cancellation or rescission right available to Customer under Michigan or federal law. Certain transactions, including some contracts solicited at a consumer's home, may carry statutory cancellation rights.
14. Workmanship
Contractor stands behind its work. Rather than a fixed warranty period, Contractor's commitment is simple: if an issue is caused by Contractor's workmanship, Contractor will make it right at no additional cost to Customer.
This commitment applies only to workmanship performed by Contractor and does not cover normal wear and tear, customer-supplied materials, manufacturer defects, pre-existing conditions, damage caused by water, weather, pests, misuse, or neglect, alterations or repairs performed by someone other than Contractor, or products and systems that fail for reasons unrelated to Contractor's workmanship. Manufacturer warranties, when applicable, are separate from this commitment.
Customer should notify Contractor of an alleged workmanship issue within a reasonable time after discovering it and provide reasonable access to inspect and, where appropriate, correct the issue.
15. No Guarantee of Existing Systems
Contractor does not guarantee the continued operation or performance of an existing system, structure, appliance, plumbing system, electrical system, HVAC system, roof, foundation, or other component that Contractor did not install or replace. Repairing one component does not constitute a warranty that other components will remain operational.
16. Customer-Supplied Materials
Contractor may decline to install materials supplied by Customer if Contractor reasonably believes the materials are defective, incompatible, incomplete, damaged, unsafe, or inappropriate for the intended application. Contractor is not responsible for defects, failures, delays, or additional labor caused by Customer-supplied materials.
17. Photos and Documentation
Contractor may take photographs or videos of the work area before, during, and after a project for documentation, quality-control, warranty, insurance, or dispute-resolution purposes. Contractor will not intentionally publish identifiable photographs of Customer's private property for advertising purposes without Customer's permission.
18. Property Damage
Contractor will exercise reasonable care while performing services and is not responsible for damage resulting from pre-existing defects, concealed conditions, defective materials, structural deterioration, or conditions that could not reasonably have been discovered before work began.
Customer agrees to promptly notify Contractor of any alleged damage so Contractor has an opportunity to inspect and address the issue.
19. Limitation of Liability
To the fullest extent permitted by applicable law, Contractor will not be liable for indirect, incidental, special, consequential, or speculative damages arising from the services. Nothing in these Terms is intended to waive liability that cannot legally be waived or limited under Michigan or federal law.
20. Disputes
Before filing a lawsuit or initiating another formal proceeding, Customer and Contractor agree to make a good-faith effort to resolve any dispute directly. Customer should first provide Contractor with written notice describing the issue and the requested resolution, and Contractor should be given a reasonable opportunity to inspect the work and, where appropriate, correct an alleged workmanship defect.
Nothing in this section prevents either party from exercising a legal right that cannot lawfully be waived.
21. Attorney Fees and Costs
To the extent permitted by applicable law, the prevailing party in an action to enforce an undisputed contractual obligation may seek recovery of reasonable costs and attorney fees.
22. Entire Agreement
The applicable estimate, proposal, work authorization, invoice, these Terms, and any written change orders constitute the agreement between Contractor and Customer concerning the services described therein. If there is a conflict between these Terms and a separately signed written agreement, the separately signed agreement will control to the extent of the conflict.
23. Severability
If any provision of these Terms is determined to be invalid or unenforceable, the remaining provisions will remain in effect to the fullest extent permitted by law.
24. Michigan Law
These Terms and the services provided by Contractor will be governed by applicable Michigan law, without regard to conflict-of-law principles. Nothing in these Terms is intended to deprive Customer of rights or remedies provided by applicable Michigan or federal law.
25. Electronic Approval
Customer agrees that electronic acceptance, including approval through email, text message, electronic invoicing software, online payment systems, or other electronic communication, may constitute acceptance of the applicable estimate, authorization of work, and agreement to these Terms to the extent permitted by law.