Point Electric LLC – Terms and Conditions

These Terms and Conditions apply to electrical services performed by Point Electric LLC (“Contractor”) for the customer identified in the applicable estimate, proposal, invoice, work order, authorization, or change order (“Customer”). These Terms and Conditions are intended to be read together with the applicable project documents and are governed by North Carolina law.

Acceptance of Terms

Customer accepts these Terms and Conditions by approving or signing an estimate, proposal, invoice, work order, service authorization, change order, deposit request, scheduling confirmation, or other authorization to proceed, including approval by email, text message, electronic signature, payment, or verbal authorization confirmed by Contractor. If a project document contains different or additional written terms signed or expressly accepted by Contractor, those project-specific terms control only for that project.

Scope of Work

Contractor will provide the electrical labor, materials, equipment, diagnostics, troubleshooting, repairs, installations, permits, inspection coordination, and related electrical services described in the applicable estimate, proposal, invoice, work order, or change order (“Work”). Contractor’s services may include residential and commercial electrical work, EV charger installation, generator-related work, panel upgrades, lighting, switches, outlets, ceiling fans, surge protection, code corrections, renovation electrical work, smart-home electrical work, inspections, and other electrical services Contractor agrees to perform in writing.

The Work is limited to the scope expressly stated in the applicable project document. Unless expressly included in writing, the Work does not include drywall, painting, carpentry, roofing, landscaping, concrete, trenching, utility company work, engineering, design services, appliance repair, internet/network service, low-voltage systems, hazardous-material remediation, or work by other trades.

Contractor will perform the Work in a professional manner and in accordance with applicable North Carolina electrical code requirements, the National Electrical Code as adopted in North Carolina, and applicable local permitting and inspection requirements. Contractor is not responsible for pre-existing conditions, concealed conditions, code violations, utility issues, owner-supplied equipment defects, third-party work, or conditions outside Contractor’s reasonable control.

Payment

Customer shall pay all amounts stated in the applicable estimate, proposal, invoice, work order, change order, or other approved project document. Contractor may require a deposit, progress payment, payment method authorization, or payment in full before scheduling, ordering materials, pulling permits, mobilizing, or continuing Work.

Unless a different payment deadline is expressly agreed in writing, payment is due upon receipt of the invoice. This standard payment provision does not apply where Contractor has separately agreed in writing to Net-30 or other payment terms for property managers or other approved accounts. For larger projects, Contractor may invoice by deposit, milestone, progress draw, completion of a phase, delivery or ordering of materials, substantial completion, or final completion. Substantial completion occurs when the Work is sufficiently complete for its intended use, even if minor punch-list items, final inspection, utility action, third-party work, or conditions outside Contractor’s control remain pending.

Customer shall not withhold payment because of minor punch-list items, inspection scheduling delays, utility company delays, manufacturer delays, customer-caused delays, or work excluded from Contractor’s scope. Customer remains responsible for approved materials once ordered, including special-order, non-returnable, restocking, shipping, cancellation, or price-escalation charges.

An invoice that remains unpaid after twenty-five (25) calendar days from the billing date is delinquent. Beginning after that 25-day period, Contractor may assess a service charge of one and one-half percent (1.5%) per month on the unpaid balance, or the maximum amount permitted by applicable law, whichever is less, until the balance is paid in full. This standard service-charge provision does not apply where Contractor has separately agreed in writing to Net-30 or other payment terms for property managers or other approved accounts. Returned checks, chargebacks, failed payments, disputed card payments, or reversed financing payments may result in administrative fees, suspension or delay of Work, and immediate acceleration of all unpaid amounts to the extent permitted by law.

If Customer fails to pay when due, Contractor may suspend or delay Work, withhold non-emergency services or closeout documentation to the extent permitted by law, pursue collection and lien remedies, and recover collection costs and attorneys’ fees to the extent permitted by applicable law.

Collection Costs and Attorney’s Fees

If Contractor must pursue collection, lien enforcement, mediation, arbitration, litigation, or other enforcement action because Customer failed to pay amounts owed or otherwise materially breached these Terms and Conditions, Customer shall be responsible for Contractor’s reasonable collection costs, filing fees, service fees, lien costs, expert fees, court costs, and reasonable attorneys’ fees to the fullest extent permitted by North Carolina law, including any applicable written evidence-of-indebtedness or business-contract fee statute.

Change Orders

Additional work outside the original scope, including troubleshooting, repairs, concealed-condition corrections, code-required modifications, relocation requests, customer-requested changes, equipment upgrades, return trips, inspection corrections caused by others, or work made necessary by existing conditions, may result in additional charges and schedule adjustments.

Customer authorizes Contractor to invoice for additional Work approved in writing, electronically, by email, by text message, by signed work order, by verbal authorization confirmed by Contractor, or by other documented communication reasonably evidencing Customer approval. If immediate action is reasonably necessary to protect persons, property, electrical systems, installed equipment, or the Work, Contractor may perform reasonable protective or corrective work and invoice Customer for the associated charges.

Customer Responsibilities

Customer shall provide safe, timely, and unobstructed access to the property, work areas, panels, attics, crawlspaces, utility rooms, electrical equipment, and other areas reasonably necessary for the Work. Customer shall secure pets, minors, tenants, occupants, valuables, and personal property and shall provide accurate information regarding existing conditions, prior work, utilities, access limitations, hazardous conditions, and owner or landlord approvals.

Customer is responsible for obtaining any homeowner association, landlord, tenant, lender, property manager, architectural review, or other private approval not expressly assumed by Contractor in writing. Customer is also responsible for work performed by other contractors, utilities, internet providers, manufacturers, property owners, or third parties. Delays or additional costs caused by Customer, third parties, utilities, concealed conditions, unsafe conditions, or lack of access may be billed to Customer and may extend the project schedule.

Permits, Inspections, and Code Compliance

Contractor will obtain electrical permits and coordinate required electrical inspections only when expressly included in the Work or required for the Work Contractor has agreed to perform. Permit fees, inspection fees, reinspection fees, utility coordination charges, engineering fees, and code-required changes are Customer’s responsibility unless expressly included in a fixed-price scope.

Contractor is not responsible for correcting pre-existing code violations, unsafe conditions, defective wiring, overloaded circuits, inadequate service capacity, hidden junctions, inaccessible wiring, utility-side issues, owner-supplied equipment defects, or work performed by others unless correction of those items is expressly included in the Work or approved as additional Work.

Warranty

Contractor provides a one (1) year workmanship warranty on labor and services performed by Contractor, beginning on the date of substantial completion of the Work. This warranty applies solely to defects in Contractor’s workmanship directly related to the Work performed by Contractor.

Manufacturer warranties on materials, fixtures, devices, EV chargers, generators, transfer switches, panels, breakers, smart-home equipment, appliances, surge protection devices, and other products are limited to the warranties provided by the manufacturer. Contractor does not provide a separate product warranty unless expressly stated in writing.

Warranty claims must be submitted in writing to info@pointelectricnc.com within the applicable warranty period and must describe the claimed issue with reasonable detail. Contractor has the exclusive right to inspect and validate claimed warranty issues and to determine whether repair, replacement, re-performance, or other corrective action is appropriate.

The workmanship warranty is void or excluded to the extent the issue results from misuse, neglect, abuse, lack of maintenance, customer-supplied materials or equipment, manufacturer defects, utility power events, storms, water intrusion, fire, casualty, Acts of God, pest damage, third-party work, modifications by anyone other than Contractor, concealed or pre-existing conditions, or failure to follow Contractor’s instructions or manufacturer requirements.

Contractor may charge a reasonable diagnostic, service call, truck roll, or return-trip fee for non-covered warranty claims, no-defect-found calls, customer-caused issues, manufacturer issues, third-party issues, or issues unrelated to Contractor’s workmanship. Contractor may withhold non-emergency warranty service not required by law until all amounts owed by Customer are paid in full.

Insurance and Limitation of Liability

Contractor shall maintain insurance coverage as required by applicable law and as Contractor deems commercially reasonable for its operations.

To the fullest extent permitted by law, Contractor is not liable for indirect, incidental, special, exemplary, punitive, consequential, loss-of-use, lost-profit, lost-revenue, business-interruption, spoilage, data-loss, financing, delay, or diminution-in-value damages arising out of or relating to the Work, even if Contractor was advised of the possibility of such damages.

To the fullest extent permitted by law, Contractor’s total aggregate liability for claims arising out of or relating to the Work shall not exceed the amount actually paid to Contractor for the specific Work giving rise to the claim. This limitation applies to claims in contract, warranty, tort, negligence, strict liability, indemnity, statute, equity, or otherwise. Nothing in these Terms and Conditions limits liability for gross negligence, willful misconduct, or any liability that cannot be limited by applicable law.

Customer shall indemnify and hold Contractor harmless from claims, damages, losses, liabilities, costs, and attorneys’ fees arising out of Customer’s misuse, negligence, inaccurate information, failure to provide safe access, failure to obtain required private approvals, customer-supplied equipment or materials, third-party work, pre-existing conditions, or failure to follow Contractor’s written instructions, except to the extent caused by Contractor’s gross negligence or willful misconduct.

Confidentiality and Use of Project Information

Both parties shall maintain the confidentiality of proprietary or sensitive information disclosed during the project, except where disclosure is required by law or reasonably necessary for estimating, scheduling, permitting, inspections, collections, insurance, subcontractors, suppliers, manufacturers, financing, legal enforcement, or performance of the Work. Contractor may use project photographs, general project information, and non-confidential images for internal documentation, quality control, warranty review, collections, insurance, and marketing unless Customer objects in writing before publication.

Suspension of Work

Contractor may suspend Work, remove personnel, delay scheduling, decline additional Work, withhold non-emergency service, withhold non-required warranty service, withhold closeout documents, or terminate services if: (a) any payment is delinquent; (b) unsafe or unsuitable working conditions exist; (c) Customer or any occupant interferes with the Work; (d) required access is denied; (e) required approvals, permits, materials, or information are unavailable; (f) Customer materially breaches these Terms and Conditions; or (g) circumstances outside Contractor’s reasonable control prevent continued performance.

Contractor is not liable for delays, damages, increased costs, missed deadlines, inspection delays, manufacturer delays, or other consequences resulting from a suspension permitted under these Terms and Conditions. Customer shall pay any remobilization, storage, price escalation, restocking, administrative, or schedule-impact costs resulting from suspension or delay caused by Customer, third parties, or conditions outside Contractor’s control.

Termination

Either party may terminate the Work upon written notice, subject to Customer’s obligation to pay all amounts owed through the termination date. Upon termination, Customer shall pay Contractor for labor performed, materials ordered or purchased, permits, mobilization, demobilization, administrative time, restocking or cancellation charges, subcontractor or supplier charges, and other costs incurred or committed before termination.

Contractor may terminate immediately for nonpayment, unsafe working conditions, denial of access, harassment or abusive conduct, unlawful requests, material breach, or circumstances making continued performance commercially unreasonable or unsafe.

Mechanics’ and Materialmen’s Lien Rights

Contractor reserves all lien, bond, notice, stop-work, collection, and payment rights available under North Carolina law, including rights available under Chapter 44A of the North Carolina General Statutes for unpaid labor, services, materials, equipment, and other amounts due. Customer shall timely provide all property, owner, lender, title, lien agent, general contractor, and project information reasonably requested by Contractor to preserve or enforce payment rights.

No payment dispute, warranty issue, punch-list item, inspection delay, or claim by Customer waives, releases, or limits Contractor’s lien rights or other payment remedies unless Contractor signs a written lien waiver or release, and then only to the extent expressly stated in that signed document.

Notice and Cure

Before Customer asserts any claim, backcharge, offset, warranty claim, default, termination for cause, or demand against Contractor, Customer shall give Contractor written notice describing the alleged issue in reasonable detail and a reasonable opportunity to inspect and cure. Unless a longer period is required by law or the circumstances reasonably require more time, Contractor shall have at least ten (10) business days after receipt of notice to begin cure and a reasonable time thereafter to complete cure.

Customer may not hire a third party, perform self-help, assert an offset, withhold payment, or claim damages for an alleged defect or default unless Customer first provides the notice and cure opportunity required by this section, except in a genuine emergency requiring immediate action to prevent imminent personal injury or material property damage.

Dispute Resolution; Mediation; Venue

These Terms and Conditions and all disputes arising out of or relating to the Work are governed by the laws of the State of North Carolina, without regard to conflict-of-law rules.

As a condition precedent to any lawsuit or arbitration filed by Customer, Customer shall first provide written notice of the dispute and participate in good-faith mediation in Wake County, North Carolina, unless Contractor agrees in writing to another location or remote mediation. For any dispute, claim, defect allegation, warranty allegation, backcharge, offset, or nonpayment defense initiated or alleged by Customer, Customer shall pay the mediator’s fees and administrative mediation costs, without prejudice to Contractor’s right to recover additional fees and costs as permitted by law.

Contractor may, without first mediating, pursue collection, lien, bond, injunctive, emergency, or other provisional remedies necessary to protect payment rights, property, persons, evidence, or legal deadlines.

Any lawsuit, lien-enforcement action, collection action, or other court proceeding arising out of or relating to the Work or these Terms and Conditions shall be filed exclusively in the state courts located in Wake County, North Carolina, unless exclusive jurisdiction lies in another court or applicable law requires a different forum. Customer consents to personal jurisdiction and venue in Wake County, North Carolina, and waives any objection based on inconvenient forum or improper venue to the fullest extent permitted by law.

Force Majeure

Contractor is not responsible for delay, nonperformance, increased costs, or inability to perform caused by events beyond Contractor’s reasonable control, including weather, storms, utility delays, inspection delays, permitting delays, labor shortages, illness, supply chain disruption, manufacturer delay, material unavailability, price escalation, governmental action, emergencies, acts of God, casualty, unsafe conditions, or acts or omissions of Customer or third parties. Contractor is entitled to schedule extensions and equitable price adjustments for such events.

No Emergency Service Commitment

Unless Contractor expressly agrees in writing, Contractor does not provide emergency-response services and does not guarantee same-day, after-hours, weekend, holiday, or immediate response. Customer is responsible for contacting emergency services, the utility provider, or other appropriate responders when immediate action is necessary to protect life, health, safety, or property.

No Waiver

Contractor’s failure to enforce any provision of these Terms and Conditions is not a waiver of Contractor’s right to enforce that provision or any other provision later. Any waiver must be in writing and signed by Contractor.

Severability

If any provision of these Terms and Conditions is held invalid, unlawful, or unenforceable, the remaining provisions remain in full force and effect. Any invalid, unlawful, or unenforceable provision shall be modified to the minimum extent necessary to make it valid, lawful, and enforceable while preserving the parties’ intent as closely as possible.

Estimates; Scheduling; Cancellations

Estimates are based on information reasonably available to Contractor at the time provided and are not a guarantee that concealed, unknown, unsafe, noncompliant, or changed conditions will not require additional Work or charges. Unless a fixed price is expressly stated in writing and signed or approved by Contractor for a defined scope, estimates are subject to adjustment for changed conditions, added scope, material price changes, permitting requirements, inspection requirements, customer requests, utility requirements, or third-party delays.

Contractor may schedule Work based on availability, materials, permits, weather, inspection timing, utility coordination, and other business needs. Scheduled dates and times are estimates unless expressly guaranteed in writing. Customer shall provide reasonable advance notice of cancellation, postponement, or denial of access. Contractor may charge Customer for late cancellation, missed appointment, denied access, remobilization, restocking, administrative, or other costs incurred because Customer cancels, delays, reschedules, or prevents performance.

Materials; Title; Risk of Loss

Materials, fixtures, devices, equipment, and other goods ordered, purchased, delivered, fabricated, staged, or installed for the Work remain Contractor’s property until paid for in full, to the extent permitted by law. Risk of loss for materials delivered to the project site or accepted by Customer passes to Customer upon delivery, installation, or Customer’s possession, whichever occurs first, except to the extent loss is caused by Contractor’s gross negligence or willful misconduct.

Customer shall not remove, alter, sell, damage, encumber, or transfer any unpaid materials or equipment supplied by Contractor. Contractor may reclaim unpaid materials or equipment that have not been permanently incorporated into real property if Customer fails to pay when due and reclamation can be accomplished lawfully and without breach of the peace.

Subcontractors; Suppliers; Means and Methods

Contractor may use employees, subcontractors, suppliers, manufacturers, consultants, or other vendors to perform or support the Work. Contractor controls construction means, methods, sequencing, and staffing for the Work. Customer may not direct Contractor’s employees, subcontractors, or suppliers or require unsafe, unlawful, unpermitted, or non-code-compliant work.

No Third-Party Beneficiaries

These Terms and Conditions are for the benefit of Contractor and Customer only. No tenant, occupant, buyer, seller, lender, insurer, homeowner association, property manager, utility, manufacturer, subsequent owner, or other third party is an intended beneficiary of these Terms and Conditions unless Contractor expressly agrees in a signed writing.

Assignment

Customer may not assign, transfer, delegate, or convey any rights or obligations under these Terms and Conditions or any project document without Contractor’s prior written consent. Contractor may assign the right to payment, collection, lien enforcement, or related claims without Customer consent.

Notices; Electronic Records

Notices to Contractor must be sent to Contractor’s business address or email address identified in the applicable project document or on Contractor’s then-current website. Notices to Customer may be sent to any physical address, email address, phone number, text number, project portal, billing contact, or other contact method provided by Customer or used by Customer in connection with the Work.

Customer agrees that electronic signatures, email approvals, text-message approvals, electronic records, invoices, work orders, photographs, dispatch records, payment records, and other electronic communications may be used to evidence authorization, acceptance, performance, change orders, notice, and amounts owed, to the fullest extent permitted by law.

Compliance; Safety; No Unlawful Work

Contractor may refuse to perform any work that Contractor reasonably believes is unsafe, unlawful, outside Contractor’s license or expertise, inconsistent with applicable code, contrary to permit or inspection requirements, or likely to create unreasonable risk to persons, property, Contractor, or the electrical system. Customer shall not ask Contractor to conceal code violations, bypass safety devices, energize unsafe systems, omit required permits, or perform work contrary to applicable law or code.

Consumer-Law Savings Clause

Nothing in these Terms and Conditions is intended to waive, disclaim, or limit any non-waivable right, remedy, warranty, disclosure, cancellation right, licensing requirement, lien requirement, consumer-protection requirement, or other obligation that applies under North Carolina or federal law. If a Customer has a non-waivable statutory right, these Terms and Conditions shall be interpreted to preserve that right while enforcing all remaining provisions to the fullest extent permitted by law.

Survival

All provisions that by their nature should survive completion, cancellation, termination, or expiration of the Work shall survive, including payment obligations, collection rights, lien rights, warranty limitations, limitation of liability, indemnity, dispute resolution, venue, attorney-fee provisions, confidentiality, no waiver, severability, and entire-agreement provisions.

Final Draft Status

These Terms and Conditions are intended as Point Electric LLC’s final customer-facing terms for use with estimates, proposals, invoices, work orders, service authorizations, and change orders, subject to project-specific modifications expressly accepted by Contractor in writing.

Entire Agreement; Order of Precedence

These Terms and Conditions, together with the applicable estimate, proposal, invoice, work order, service authorization, change order, and any written terms expressly accepted by Contractor, constitute the entire agreement between Contractor and Customer regarding the Work and supersede prior or contemporaneous oral statements, discussions, advertisements, website content, or representations regarding the Work.

If there is a conflict among documents, the following order controls unless Contractor expressly agrees otherwise in writing: (1) a signed written agreement for the specific project; (2) a signed or approved change order; (3) the approved estimate, proposal, invoice, work order, or service authorization; and (4) these Terms and Conditions.

SMS Program Terms

Customer consents to receive operational and transactional SMS communications from Contractor, including appointment confirmations, appointment reminders, dispatch notifications, “on the way” alerts, billing notifications, project updates, job completion follow-ups, and service-related communications. Customer may also receive promotional communications if Customer has provided any required consent.

Message frequency may vary. Standard carrier message and data rates may apply. Customer may opt out of SMS communications by replying STOP and may request assistance by replying HELP or contacting Contractor. Opting out of SMS may affect Contractor’s ability to provide scheduling, dispatch, billing, and project updates by text. Contractor will not sell Customer information to third parties for their own marketing purposes.