Neighborly Done Right Promise Terms and Conditions
DONE RIGHT PROMISE
We stand by the promise to do the job right. Our independently owned franchise owners will perform services in a professional, workmanlike manner, consistent with industry standards. If you believe the job was not done right, contact your local franchise owner within 15 days of completions of service and they will work to address your concerns at no additional cost to you. In the event you are still not satisfied, our liability is limited as set forth below.
DISCLAIMER OF CERTAIN WARRANTIES
Because we are a services company and do not manufacture products, we only warrant their services with the “Done Right Promise.” Except as otherwise provided or where prohibited by law, we provide no further warranty as to the services. All third-party manufactured materials or goods provided or installed in connection with the services are provided without warranties by us of any kind, either express or implied, including but not limited to warranties of title, implied warranties of merchantability or fitness for a particular purpose, or non-infringement of third-party rights. To the maximum extent permitted by applicable law, we and our independently owned franchise owners make no representations and expressly disclaim the above warranties including any as to the reliability, quality, or performance of any third-party manufactured materials or goods installed in connection with our services.
The “Done Right Promise” is subject to the following exclusions: (i) service performance deficiencies that you request be addressed that were not originally agreed to be performed for you; (ii) losses or inability to perform arising out of acts of nature or other force majeure event; (iii) losses or inability to perform arising from the acts or omissions of you or a third party; (vi) losses or inability to perform arising from a manufacturer’s or a product’s defects; (v) losses or inability to perform due to unforeseeable or latent defects in the premises or property; and/or (vi) service deficiencies that you request be addressed but for which you have not previously paid in full; (vii) services related to odor mitigation where the source of the odor has not been removed and/or eliminated from the service area.
LIMITATION OF LIABILITY
OUR LIABILITY IS LIMITED SO WE CAN PROVIDE PROFESSIONAL SERVICES AT A REASONABLE PRICE. EXCEPT AS OTHERWISE PROVIDED OR WHERE PROHIBITED BY LAW, IN NO EVENT UNDER ANY THEORY OF LIABILITY SHALL WE, OUR FRANCHISE OWNERS, OR OUR AGENTS BE LIABLE FOR ANY LOSS OR CLAIM ARISING FROM INJURY TO PERSON OR PROPERTY, PRODUCT DEFECT OR FAILURE, ACTS OR OMISSIONS BY YOU OR A THIRD PARTY, LOSS OF USE, PROFITS, OR OPPORTUNITY, AND/OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER WE, OUR FRANCHISE OWNERS, OR OUR AGENTS HAD NOTICE OF THE POSSIBILITY OF SUCH LOSS, CLAIM OR DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE ABOVE LIMITATION OF LIABILITY, IT MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS. IN THE EVENT THE ABOVE LIMITATION OF LIABILITY DOES NOT PRECLUDE LIABILITY OR IS FOUND UNENFORCEABLE, YOU AGREE YOUR EXCLUSIVE AND SOLE REMEDY FROM US, OUR FRANCHISE OWNERS, OR OUR AGENTS IS LIMITED TO THE MONETARY AMOUNT PREVIOUSLY PAID BY YOU FOR THE SERVICES.