SERVICE DEFINITIONS

There are four (4) ways to request service with Elite Service Experts which are defined herein:

CONTRACT SERVICE (AKA Agreement):
Contract services are services requested to be performed on a reoccurring basis during the term of the agreement. These services contain a scope of work and a routine schedule that is mutually agreed upon. Compensation is billed as a flat fee for the service. Billing will occur at the beginning of the month the service is scheduled OR upon completion of the service as mutually agreed upon.

SPECIAL NOTE
Contract pricing can take up to 2 weeks to complete or longer depending on the job scope, complexity and material requirements.

Before Elite can provide Contract Services, both Elite and the Client will be required to mutually agree to terms in writing including but not limited to: scope, schedule, expectations, price, etc. This could be achieved using a mutually acceptable contract document supplied by Elite or the Client and executed by both parties.

PROPOSAL SERVICE (AKA Quote or Bid):
Proposal Services are services requested to be performed once. These services contain a scope of work and schedule mutually agreed upon. Compensation is billed as a flat fee for the service. Billing will occur upon completion of the service. Progress billing will apply for larger projects that extend beyond 30 days or the end of the current month for which work was performed. Progress billing is billed based on a percentage of the job that is completed and material purchased.

SPECIAL NOTE:
Proposal pricing can take up to 2 weeks to complete or longer depending on the job scope, complexity and material requirements.

Before Elite can provide Proposal Services, the Client will be required to agree to terms including but not limited to scope, schedule, expectations, price, etc. in writing. This could be achieved by one of the following ways:

1. Signing Elites proposal. Physical signature or DocuSign are acceptable methods of signing.
2. Issuing a physical Purchase Order that references Elites proposal number being approved.
3. Sending approval via e-mail that references Elites proposal number being approved.

TIME AND MATERIAL SERVICE (AKA T&M):
Time and Material requests are for services performed once and usually requires immediate attention. These services contain a description of work to complete on a schedule that’s mutually agreed upon. Compensation is billed based on the number of labor hours used to provide service at an agreed upon rate or current service rate plus any material cost and mark-ups associated. Billing will occur upon completion of the service. Progress billing will apply for larger projects that extend beyond 30 days or the end of the current month for which work was performed. Progress billing is billed based on a percentage of the job that is completed and material purchased.

SPECIAL NOTE:
T&M services are the best way to achieve faster service and repair response. T&M services can, in some cases, be scheduled and completed within 24 hours’ notice.

Elite may require a client to sign a Time and Materials Agreement. The purpose of this agreement is to provide full transparency of billing rates, service fees and general terms and conditions herein. Elite will require execution of a Time and Material Agreement based on the following guidelines:

1. New customers (until account is established) — all T&M jobs until 1st invoice has been paid in full.
2. Construction Final Clean-ups — all jobs.
3. Established customers — jobs that exceed or appear that they may exceed 2 days.
4. Any exceptions to 1-3 above apply only in the case of an “Emergency Services” call. Refer to the section below for more information regarding Emergency Services.

NOT TO EXCEED SERVICE (AKA NTE, or “T&M with Limits”):
NTE requests are for services performed once and don’t require immediate attention. These services contain a scope of work and schedule mutually agreed upon. Costs are simply an estimation and are not firm and fixed like Contract or Proposal Services. In no way does the price estimated imply a flat fee and/or maximum price for completion of work. Compensation is billed based on the number of labor hours used to provide service at an agreed upon rate or current service rate plus any material cost and mark-ups associated. Because an NTE is simply an estimate, it is possible for the overall cost of the job to be less than or more than the estimate based on job conditions, unforeseen circumstances, etc. When the job becomes close and appears it may go over the NTE, the job will be put on hold until approval for an NTE increase is given in writing. If no approval is given, the job will be billed for the labor hours and material used up to that point. Billing will occur upon completion of the service OR upon not receiving approval to increase the NTE. Progress billing will apply for larger projects that extend beyond 30 days or the end of the current month for which work was performed. Progress billing is billed based on a percentage of the job that is completed and material purchased.

SPECIAL NOTE:
NTE pricing can take a week to complete or longer depending on the job complexity and material requirements.

The Client may be required to sign a Time and Materials Agreement*. The purpose of this agreement if to provide full transparency of billing rates, service fees and general terms and conditions herein. In no way will the client be billed more than the NTE limit set by the client without prior written approval via email or text.

Please contact our Service Team at service@elite.gs or at 916-568-1400 if you have any questions regarding these definitions.

LABOR RATES AND MINIMUM CHARGES
Current hourly labor rates, fees and material mark-ups are subject to change without notice at any time. Please contact our Service Team at service@elite.gs or at 916-568-1400 with questions regarding current service rates.  The minimum service call charge is two (2) hours of labor plus a truck charge.  In many cases this minimum will include fees such as Environmental Fees based on the service requested. Hourly rates are billed in half-hour increments.

SPECIAL NOTE:
Per California Labor Law CA DLSE 46.1, Elite must pay technicians for “Hours Worked” which includes time spent driving to and from job sites and/or time spent to drive to and from local vendors for job materials. Therefore, Elite will charge this paid time for “hours worked” to the customer when applicable.

EMERGENCY SERVICES
Normal operating hours are Monday through Friday, 7:00 AM Pacific time to 5:00 PM Pacific standard time excluding Elite recognized holidays or special events and/or occasions.  Service requested after normal operating hours, weekends and Elite recognized holidays are considered an Emergency Request and will be charged current emergency service rates. Additionally, Emergency Requests during normal operating hours which require immediate attention, including pulling technicians from previously scheduled service calls, will also be charged current emergency service rates. Hourly emergency service rates and material mark-ups are subject to change without notice at any time. Please contact our Service Team at service@elite.gs or at 916-568-1400 with questions regarding current emergency service rates.

SPECIAL NOTE:
Established customers with accounts in good standing who request an emergency service will not be required to complete a Time and Materials Agreement at the time of the request.

Per California Labor Law CA DLSE 46.1, Elite must pay technicians for “Hours Worked” which includes time spent driving to and from job sites and/or time spent to drive to and from local vendors for job materials. Therefore, Elite will charge this paid time for “hours worked” to the customer when applicable.

30 DAY WARRANTY
Elite Service Experts, Inc., hereinafter referred to as “Elite”, warrants all service repair work against defective workmanship for a period of 30 days from the job completion date (not the invoice date). Additional coverage for up to 12 months may be available for an additional price. Please contact our Service Team at service@elite.gs or at 916-568-1400 for more details. Depending on the repairs, a Preventive Maintenance Agreement may be required to maintain warranty status.

This warranty is extended to the Owner or Owner’s Agent named in our Service Agreement and/or Work Order and is not transferrable. If failure of materials and/or equipment installed falls with an existing manufacturer’s warranty and after Elite’s 30 day warranty, Elite will only charge for the time/labor to facilitate the replacements of such warrantied material or equipment as well as the time/labor necessary to replace and install it. To obtain service under this limited warranty, Owner or Owner’s Agent must give written notice to Elite identifying the original work performed, the date of job completion, and the nature of the problem. Such written notice shall be given to Elite at service@elite.gs, or by mail at 725 Del Paso Road, Sacramento, CA 95834.

Unless otherwise agreed upon in writing, this limited warranty does not include: (1) Items that have been subjected to accident, misuse and abuse including damage resulting from lack of Owner or Owner’s Agent maintenance or damage from ordinary wear and tear; (2) Items that have been modified, damaged, altered or worked on by anyone other than Elite; (3) Items that have been altered or damaged by acts of Nature; (4) Items furnished by the Owner or Owner’s Agent for installation; (5) Existing items that are moved or reinstalled; (6) Deviations that commonly arise such as minor concrete , stucco, plaster or drywall cracking; minor stress fractures in drywall due to drying lumber; warping, shrinking and deflection of wood; shrinking and/or cracking of grouts, caulking and fillers; discoloration of any surface due to exposure to weather and sunlight; (6) Service requested and performed which contradict Elite’s initial service recommendations provided upon the initial assessment of the job.

NOTICE TO OWNER OR OWNER’S AGENT:
Under no circumstances shall Elite be liable for injury to any person or damage to any property whatsoever by virtue of this warranty or otherwise. Under no circumstances shall Elite be liable for any incidental, secondary, indirect, consequential, special or other damages of any nature arising out of the use of or inability to use as a result of a defect in the work performed or the materials and/or equipment installed by Elite. All terms outlined herein as subject to change without notice.

PRELIMINARY NOTICES
A preliminary notice is a notification to the owner or general contractor of a construction project to notify them that a contractor, sub-contractor, materials provider, or other party is reserving their right to file a mechanic’s lien in the event of non-payment. The California 20-day preliminary notice is a document that contractors and suppliers must deliver to retain the right to file a mechanics lien or bond claim. This document is served by the “claimant” to notify all interested parties that he/she will provide labor and/or materials for work and/or improvement to a property. The term “claimant” is broadly defined as anyone who furnishes equipment and materials or performs work related to improvement of a property. California law requires preliminary notice on both private and public jobs in the state if a direct lender is involved on the project. Unless paid in advance for work, Elite is considered a direct lender paying for all labor and materials for the work performed in advance of being paid (on account). Elite files preliminary notices based on the following guidelines:

New customers (until account is established) – Any job of $1,000 or more.
Construction final clean-ups – Any job.
Established customers – Any job of $5,000 or more.

PAYMENT
For New Customers:
To establish an account, a credit application must be completed and approved by Elite’s Ownership. Once approved, the first service performed must be paid immediately but no more than 24 hours upon receipt of invoice (NET 24-Hours).  Accounts not paid within 24 hours of the invoice date are subject to a 3.0% monthly finance charge (36% APR).

For Current Customers with Established Accounts:
Payment is expected within 30 days of receipt of invoice (NET 30-Days). Accounts not paid within 30 days of the date of the invoice are subject to a 1.5% monthly finance charge (18% APR).

CREDIT CARD PAYMENTS
All major credit cards payments are accepted with an additional 3.5% processing fee.