Terms & Conditions

Terms & Conditions - the basics

 

Customer Contract (the “Contract”), by and between Dusty's Power Washing, LLC (“Company”) and Client, collectively referred to as the “Parties,” is effective upon Client's acceptance of Company’s proposal or estimate.

WHEREAS, Company seeks to clarify its expectations in exchange for its services;

WHEREAS, Company provides residential and commercial exterior cleaning services, including pressure washing, soft washing, roof cleaning, window cleaning, deck cleaning, and gutter cleaning;

WHEREAS, Client desires Company to perform these services at Client’s property under the terms of this Contract.
NOW, THEREFORE, for good and valuable consideration, the Parties agree as follows:
 

1. Acceptance of Terms: By accepting the estimate, Client agrees to all terms and conditions of this Contract, authorizing Company to proceed with the specified job and holding Company harmless for any property damage not caused by its negligence.

2. Binding Agreement: This Contract is binding and constitutes the sole agreement between the Parties. Modifications must be signed by all Parties; no other representations shall be binding.

3. Authorizations:
   a. Client grants Company access to the property for service performance and agrees to pre- and post-service inspections.
   b. Client permits Company to use the outdoor water source and must notify Company of any low water pressure or well water conditions. Additional charges may apply if water supply must be supplemented.
   c. Company will not connect to Client’s electrical supply and will document the condition of the spigot. Company is not liable for pre-existing damages.
   d. Services cannot be performed during ongoing construction. A $150.00 cancellation fee applies if Company arrives and construction is ongoing.
   e. In case of emergency or inclement weather, services will be rescheduled for the next available business day.

• Payment Terms:
  a. Unless otherwise agreed in writing, payment is due upon completion of work. Company accepts cash, check, or credit payments through a secure processor link or at the office. Any invoice or scheduled payment over 10 days past due will incur a 10% late fee. If any invoice remains unpaid for 30 days, Company reserves the right to file a civil suit to collect the debt and may refuse future business with the Client who is 30+ days past due more than once.

1. b. For Clients with a net 30-day payment schedule, payments must be made within a 30-day grace period. Late invoices will incur a 10% fee after 30 days. If payment is not received within 60 days of the due date, Company reserves the right to file a civil suit and may refuse further business with Clients who are 60+ days past due more than once.

2. Risks and Releases of Liability:
   a. Company employs expert technicians to operate cleaning equipment, taking precautions to protect both technicians and Client’s property. However, damage may occur due to poor maintenance or low-grade materials. Client is advised to ensure proper maintenance before service; Company is not liable for damages due to neglect.

   b. Company will document any pre-existing damage, a photos will be taken and sent to the client prior to the start of service.

   c. Company takes measures to protect plant life during cleaning. Clients should be aware of potential leaf burn, and Company is not liable for pre-existing plant damage.

3. House Wash Acknowledgment:
   a. Client must provide a water spigot or make prior arrangements for water, with possible additional fees. Service equipment requires a direct water line connection.

   b. Post-cleaning, existing oxidation or blemishes may become more visible, especially on poorly maintained vinyl siding. This should not be attributed to Company’s fault.

   c. Clients should turn off all outdoor electrical fixtures before Company’s arrival.

   d. For “site unseen estimates,” Company may not identify flaws in surfaces but will do its best on cleaning day.

   e. Company uses a specially formulated cleaning solution that will not damage siding. Clients may notice temporary rust-colored residue from weep holes, which is not permanent and will wash away naturally.

   f. Basic window cleaning is included but may leave water spots. Clients are encouraged to remove window screens for better results; however, Company does not guarantee the absence of spots.

• Roof Treatment Acknowledgment:
  a. Client must have a water spigot available, or prior arrangements should be made with Company for water to be brought to the site, which may incur additional fees as outlined in Section 3(b) of this Contract. Client acknowledges that Company’s equipment requires a direct connection to a water line, not just a faucet.

b. Client understands that Company uses a cleaning solution designed to kill damaging growths such as algae, moss, or lichen. Results may vary based on the roof’s materials, age, location, and amount of build-up. Company will not forcibly remove growths to avoid damage; however, if Client requests this, they must sign a waiver acknowledging that Company is not liable for any resulting damage and that this may void the roof manufacturer’s warranty.
c. Client acknowledges that roofs naturally experience granular loss over time, which can be exacerbated by algae, moss, and lichen. After cleaning, areas affected by granular loss may be more visible as organic matter is removed.

1. Touch-Ups on Roofs: Touch-ups may be necessary after washing. Light brown areas may remain, consisting of dead algae or remnants of black streaks. Client must allow natural elements, such as rain and sunlight, to aid in their removal, which may take 6 to 8 weeks or longer, particularly on shingles. If traces do not fade within this timeframe, Client should contact Company to assess the situation. Any reapplication of the solution will be determined at that time, and touch-ups will not incur additional charges if deemed necessary for proper treatment as per the initial quote.

2. Client’s Obligations on Date of Service: Client agrees to ensure the following preparations are completed before Company’s arrival on the service date:
   a. Doors and windows must be securely closed.
   b. All pet droppings should be removed from the areas surrounding the home.
   c. All exterior electrical outlets and fixtures must be turned off at the breaker before the team’s arrival.
   d. Window screens should be removed to allow for better washing and rinsing.
   e. Pets and children must be kept indoors before and during cleaning.
   f. The area to be serviced should be cleared of sensitive materials, including rags, doormats, outdoor furniture, and vehicles.
   g. Client should refrain from using any other water outlets in the residence to maintain necessary pressure and volume during cleaning.
   h. An accessible and activated water spigot must be available, or prior arrangements should be made with Company for water to be brought to the site, subject to additional fees as outlined in Section 3(b). Company requires a steady pressure of 40 PSI for optimal results.

Company will take precautions to cover electrical outlets; however, it is advised that the Client shut off the electrical supply to all exterior outlets. Client should remove window screens, which can be fragile, to facilitate thorough cleaning and prevent streaks if a window cleaning package has been purchased.

 
Exclusions & Limitations:
a. A fee of $55.00 will be charged if a stable water source is not available upon the technicians' arrival. Consistent water pressure of 40 PSI is required; failure to provide this due to issues like filtration or well pump failure is the Client's responsibility. Alternative arrangements for water must be made with Company, which may incur additional fees as outlined in Section 3(b).
b. A cancellation fee of $150.00 applies if Client cancels service without notice 72 hours or more before the scheduled date. This fee also applies if Company arrives on the scheduled date and cleaning cannot proceed due to ongoing construction.
c. If Company returns to address a noted issue or complaint and determines it was not caused by Company’s negligence, a fee of $100.00 will be assessed. For example, if debris appears after a house cleaning due to subsequent lawn care, the fee will apply.
d. A $45.00 processing fee will be charged for returned checks.
e. Company is not responsible for water leaks or intrusion, which may occur due to inadequate seals or cracks in windows, doors, or foundations.
h. Client must notify Company in writing of any sensitive surfaces in the area prior to service. Company is not liable for any adverse effects on surfaces not disclosed.
i. Client understands that Company is not responsible for:
ii. Areas beyond 28 ft ladder capability
iii. Unreachable wasp or bird nests
iv. Cleaning services involving stripping
v. Oxidation removal from gutters or siding (tiger stripes)
vi. Storm windows and associated leakage
vii. Uncovered or damaged electrical outlets
viii. Removal and reinstallation of furniture
ix. Runoff cleaning from chemical cleans
x. Weep hole dirt buildup causing runs
xi. Vine remnants
xii. Artillery fungus
xiii. Paint splatters
xiv. Tree sap
xv. Wood stripping or high-pressure cleaning on wood
xvi. Open windows
xvii. Well water problems
xviii. Window spotting from house washing
xix. Paint runs and fading due to specific paint types
xx. Faulty outlet covers allowing water ingress
xxi. Rare fogging issues with multi-pane windows with bad seals.
This Contract does not guarantee that all stains will be 100% removed.
Company strives to set clear expectations and will not use pressure as a means of removing a stain if it may cause damage.
j. Company is not responsible for any adverse effects on substrates that were not discussed in advance. If Company has not been informed in writing that a surface cannot have detergent applied to it, Company is not liable for any resulting damage.
k. Company is not responsible for any water intrusion. While Company will take steps to mitigate water intrusion, Client acknowledges that inadequate seals around windows, doors, and concrete can lead to unavoidable issues.
11. Content Use & Release: Client grants Company permission to use photos, videos, reviews, or descriptions of the property for advertising purposes without compensation to Client. Client agrees not to initiate any civil action against Company regarding the use of this media. Company will not disclose personal or sensitive information, such as names or addresses. With Client’s approval, Company may display a marketing sign on the property for up to seven days. If Client damages the sign, Client will be charged the retail cost of the sign.
12. Company’s Damages Liability: Company is liable for damage to properties directly resulting from its negligence, such as operator errors and willful misconduct. Damages must be reported to Company within two days of service completion; otherwise, claims will be waived. Client agrees to allow Company 30 calendar days from notification of damages to inspect and address the issues before Client initiates any legal action regarding the alleged damages.
13. Severability: If any provision of this Contract is deemed invalid by a court, arbitrator, or government agency of competent jurisdiction, such determination shall not affect the validity of other provisions of the Contract, which shall remain in full force and effect.
14. Attorneys’ Fees and Costs: If either Party breaches any commitments in this Contract, the non-breaching Party is entitled to recover reasonable attorneys’ fees and costs incurred in preparing and serving any notice or demand, regardless of whether legal action is subsequently initiated.
15. No Waiver of Breach: The failure to enforce any provision of this Contract shall not be construed as a waiver of that provision, nor shall it prevent either Party from enforcing the provision or any other provision in the future. The rights granted to the Parties are cumulative, and the election of one right shall not constitute a waiver of other rights available under the circumstances.
16. Choice of Law: This Contract shall be governed by and construed in accordance with the laws of Georgia, without regard to its conflict of laws principles.
17. Amendments to the Contract: This Contract may not be altered, amended, or modified through oral representation. All amendments must be in writing and executed by all Parties.
18. Forum Selection; Jurisdiction; Venue: For any action or proceeding arising out of this Contract, the Parties expressly submit to the jurisdiction of all federal and state courts located in Cobb County, GA. The Parties waive any claims that they are not personally subject to the jurisdiction of such courts, that the proceedings are brought in an inconvenient forum, or that the venue is improper.