CERTAIN PROVISIONS OF THESE TERMS AND CONDITIONS ARE SUBJECT TO BINDING ARBITRATION PURSUANT TO THE SOUTH CAROLINA UNIFORM ARBITRATION ACT, S.C. CODE ANN. § 15-48-10, ET SEQ., AS AMENDED
CEA Company, LLC (hereinafter, “CEA”) offers a wide range of professional services, including, but not limited to, residential and commercial cleaning services, drywall installation and repair, plastering, and painting (the “SERVICES”). CEA is fully insured.
The following TERMS AND CONDITIONS shall apply to any arrangement entered between the Customer (hereinafter, “YOU”) and CEA (collectively, the “PARTIES”) to perform SERVICES, unless hereinafter specified otherwise.
Note: CEA reserves the right to alter or modify the TERMS AND CONDITIONS at any time.
CEA will prepare an ESTIMATE for the SERVICES YOU request. The ESTIMATE shall contain notice of these Terms and Conditions. By accepting the ESTIMATE, you accept these Terms and Conditions. The ESTIMATE shall be valid for thirty (30) days. Any changes in the scope of work contained in the ESTIMATE requested by YOU, after the ESTIMATE has been prepared, may affect pricing. Any changes requested by YOU after CEA has commenced the SERVICES shall require written approval, signed by an officer or director of CEA, and may also result in additional charges. Any “last minute” or “emergency” request for SERVICES will result in additional charges. With respect to cleaning services, any special requests (i.e. detailed refrigerator cleaning, self-cleaning of oven, windows, garage, etc.) must be made via email pursuant to Paragraph 17 at least forty-eight (48) hours before your scheduled service and may result in additional charges as well.
YOU acknowledge that YOU shall be responsible for the following:
CEA acknowledges that it shall be responsible for the following:
YOU understand that CEA is neither a manufacturer nor an agent of any manufacturer, and with respect to any product used by CEA in the performance of the SERVICES, CEA MAKES NO PRODUCT WARRANTY WHATSOEVER, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. WITH RESPECT TO THE SERVICES PROVIDED BY CEA, THE ONLY WARRANTIES OFFERED ARE THOSE SPECIFICALLY MENTIONED HEREIN. ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, ARE HEREBY DISCLAIMED.
YOU understand that no provision contained herein is intended to or shall create a partnership between the PARTIES or authorize either party to act as an agent for the other, and neither party shall have the to authority to act in the name or behalf of or otherwise bind the other in any way. CEA is an independent contractor and shall perform the SERVICES according to its own discretion and company policies.
As an independent contractor, the employees of CEA shall follow company policies while performing the SERVICES. These policies are discussed in further detail in Paragraphs 7-8.
The following terms are specific to CEA’s cleaning division and are hereby incorporated by reference into any ESTIMATE for cleaning services:
The following terms are specific to CEA’s cleaning division and are hereby incorporated by reference into any ESTIMATE for paint and drywall services:
YOU agree to hold harmless CEA from and against all damages, liabilities, costs, losses, or expenses arising out of any claim, demand, or action by You or by any third party, except to the extent modified herein.
Due to the nature of the SERVICES offered by CEA, accidents infrequently happen. In the event that employees of CEA cause property damage or damage to any item of personal property while performing the SERVICES, YOU will be promptly notified. CEA reserves the right to repair or replace items which are damaged or broken.
The formation, construction, performance, and enforcement of any provision contained herein shall be in accordance with the laws of the United States and the State of South Carolina, without regard to conflict of laws principles.
Any proceeding of any kind arising out of a dispute between YOU and CEA shall take place in Lexington County, South Carolina, and the courts of Lexington County, South Carolina shall have exclusive jurisdiction over any such action. YOU agree that said forum is convenient and has jurisdiction to hear and decide any such action.
Notwithstanding Paragraph 3(b), if the SERVICES for which YOU hire CEA include residential or commercial cleaning, CEA shall not provide paper products or replacement trash bags.
YOU agree to pay all attorney’s fees, costs, and expenses of litigation should CEA be required to enforce any provision of these TERMS AND CONDITIONS.
CEA reserves the right to terminate the SERVICES if YOU fail to comply with these TERMS AND CONDITIONS in any material way. In the event of termination, YOU shall be responsible for all costs incurred up to that point.
The headings in these TERMS AND CONDITIONS are for convenience or reference only and are not part of the substance hereof.
Any delays in the performance of any obligation of CEA under these TERMS AND CONDITIONS shall be excused to the extent that such delays are caused by wars, national emergencies, natural disasters, strikes, labor disputes, utility failures, governmental regulations, riots, adverse weather, pandemics, and other similar causes not within the control of CEA, and any time periods required for performance shall be extended accordingly.
CEA specifically reserves the right to postpone the SERVICES in events of severe weather if CEA, in its sole discretion, determines that it is not safe to travel and transport equipment and supplies to the work site. CEA shall notify YOU and will attempt to reschedule via email. However, in no event will CEA be liable to YOU in any way if it should exercise any of the rights provided in this Paragraph.
Email (info@cea-company.com) is the preferred method of communication. If there is an emergency, you may call or text us at 803-237-9691. Your feedback, good and bad, is essential for us to serve you better, correct problems, and provide additional training to our employees so that we may serve you better.
In the event of any dispute arising out of the SERVICES and/or these TERMS AND CONDITIONS, the PARTIES agree to attempt to resolve the matter informally. If informal negotiations fail, the dispute shall be settled, except as may otherwise be provided herein, by binding arbitration in accordance with the South Carolina Uniform Arbitration Act, S.C. Code Ann. § 15-48-10, et seq. To the extent that the South Carolina Court-Annexed Alternative Dispute Resolution (“ADR”) Rules can be applied to binding arbitration, the parties and arbitrator shall be guided by the processes of said ADR Rules. Any PARTY may demand arbitration of any claim by serving the other with a written demand for arbitration, which shall include a statement setting forth the nature of the dispute; if applicable, the amount in controversy; the remedy sought and the grounds therefore; and the hearing locale requested. The fees and expenses of the arbitrator shall be borne equally by the PARTIES. The PARTIES agree to participate in discovery, and for the arbitrator to grant summary judgment if appropriate, in accordance with the South Carolina Rules of Civil Procedure. The arbitrator shall be an attorney or retired judge. Any and all gateway and/or threshold matters, including but not limited to the existence, applicability, interpretation, and scope of this arbitration provision, the arbitrability of the claim or dispute, and whether this arbitration provision is valid and enforceable, are expressly delegated to and reserved for the arbitrator to decide. The PARTIES understand and agree that no gateway and/or threshold matters shall be reserved for adjudication by the Court. The arbitrator shall apply and be bound by governing local, state or federal law when making an award, and shall award only those damages or other relief allowed by such governing law. The arbitrator shall prepare a written decision stating reasoned findings of fact and conclusions of law. The arbitrator shall have the authority to award fees, costs, injunctive or equitable relief in accordance with this arbitration provision and applicable law. Unless otherwise ordered by the arbitrator in accordance with the applicable law or provided otherwise by this Agreement, the PARTIES shall be responsible for the payment of their own attorney’s fees. The arbitrator’s decision shall be final and binding. A PARTY may seek entry of a judgment on the award in any court of competent jurisdiction. If any part of this arbitration provision shall be deemed or found unenforceable for any reason, the remainder shall remain enforceable.
YOU authorize CEA to take photographs and videos before and after the SERVICES for marketing purposes, and to post the same on CEA’s social media accounts. CEA shall exercise discretion and take affirmative steps to protect your privacy such that nothing appears in the photographs or videos which would identify YOU or other members of your household (e.g., family photographs). YOU further authorize CEA to reproduce any review you leave in connection with its marketing efforts on its social media accounts.
YOU hereby agree that all documents related to the SERVICES provided by CEA, including, but not limited to, the ESTIMATE furnished by CEA, may be transmitted and executed electronically. It is hereby understood and agreed that an electronic signature will be deemed an original.
By providing your phone number, you agree to receive text messages (SMS) from CEA. You may unsubscribe at any time by reply STOP. Message and data rates may apply. Message frequency varies.
Cea Company provides painting and drywall services to residential and commercial customers in the Greater Columbia, SC areas including Blythewood, Elgin, Chapin, Irmo, Lexington, Leesville, Gilbert, Cayce and West Columbia.