Terms & Conditions

1. Estimates, Proposals, and Scope

Any estimate, proposal, quote, scope, schedule, or similar document (each a “Proposal”) is based on information available at the time and is limited to the stated scope of work (“Scope”). Proposals may be withdrawn or revised prior to acceptance. Unless stated otherwise in writing, Proposals do not include: permitting fees, utility company charges, engineering, architectural services, patch/paint, concrete or asphalt restoration, trenching/excavation, concealed condition remediation, after-hours work, fire alarm monitoring/programming by third parties, or any work not expressly listed in the Scope.

Customer is responsible for confirming the Scope is complete and accurate for Customer’s needs before authorizing work.

2. Authorization to Proceed

Work begins only after DMK receives acceptable written authorization (which may include signed Proposal, purchase order, email authorization, text authorization, or other written confirmation) and any required deposit. Customer represents that the person authorizing work has authority to bind Customer.

3. Change Orders

Any work outside the Scope requires a written change order (a “Change Order”). Verbal directions, field requests, site conditions, plan conflicts, code requirements, or owner/tenant requests may require a Change Order. DMK may pause impacted work until a Change Order is approved. Unless otherwise stated, Change Orders are billed on a time-and-materials basis at then-current rates plus applicable overhead, equipment, permits, and material markups.

4. Scheduling, Access, Delays

Schedules are estimates and depend on site readiness, inspections, material availability, and third-party performance. Customer must provide safe, timely access to the work area, clear pathways, adequate lighting, and reasonable utility access as needed. DMK is not responsible for delays caused by Customer, other contractors, designers, inspectors, utilities, weather, acts of God, supply chain issues, labor availability, or events beyond DMK’s reasonable control.

If DMK arrives and cannot perform work due to lack of access, unsafe conditions, incomplete prerequisite work, or other causes not attributable to DMK, Customer may be charged a service call, standby, or remobilization fee.

5. Pricing, Taxes, and Materials

Unless expressly stated otherwise, pricing may exclude sales/use taxes, permit fees, utility fees, inspection fees, and disposal fees, which will be added where applicable. Materials and equipment remain DMK’s property until paid in full. Customer authorizes DMK to substitute comparable materials when necessary due to availability, code, or safety requirements.

Price adjustments may occur for material cost increases, manufacturer price changes, tariffs, or extraordinary supply constraints, to the extent permitted by law and/or the Proposal terms.

Past-due amounts may incur finance charges (or the maximum allowed by law, if lower), plus all costs of collection, including reasonable attorneys’ fees, court costs, expert fees, and collection agency fees.

7. Credit, Collections, and Mechanics’/Materialmen’s Liens

Customer acknowledges that DMK may preserve and enforce its rights under Virginia law, including mechanics’ and materialmen’s lien rights, bond claims, and other remedies. Customer will provide any information reasonably required for DMK to protect these rights (including owner/GC information and project address details).

8. Customer Responsibilities

Customer is responsible for:

• Providing accurate site and project information, plans, specifications, and utility details.
• Obtaining and maintaining any required approvals by owners, landlords, HOA/condo associations, or property managers.
• Ensuring that all underground utility locates are requested and marked as required (including calling 811 where applicable), unless DMK specifically agrees in writing to handle locates.
• Disclosing known hazardous materials (including asbestos, lead, mold, contaminated soils) and unsafe conditions. DMK does not test for hazardous materials.
• Securing valuables and sensitive equipment in or near the work area.

9. Safety and Worksite Conditions

DMK may stop work if safety conditions are unsafe or non-compliant. Customer must maintain a safe site environment and comply with applicable safety rules. DMK is not responsible for pre-existing defects, concealed conditions, or unsafe conditions not created by DMK.

10. Permits, Inspections, and Code Compliance

Where included in the Scope, DMK will obtain listed permits and coordinate standard inspections. If permitting or inspection responsibilities are not included in the Scope, Customer is responsible. All work will be performed in accordance with applicable codes as interpreted by the authority having jurisdiction at the time of inspection. Re-inspection fees due to Customer, design, or third-party issues are billable to Customer.

11. Limited Workmanship Warranty

Unless otherwise stated in writing, DMK warrants its labor workmanship for one (1) year from the date of substantial completion for the specific work performed, provided that (a) Customer has paid all amounts due in full, and (b) the work has not been altered, misused, neglected, damaged, or repaired by others. This warranty does not cover normal wear and tear, cosmetic finishes, consumables (lamps, batteries, fuses), or failures caused by power quality issues, water intrusion, acts of God, pests, corrosion, chemical exposure, misuse, or third-party products or work.

Manufacturer warranties apply to materials/equipment and are provided by the manufacturer, not DMK. DMK will reasonably assist with manufacturer warranty claims when requested, but any labor beyond the workmanship warranty scope may be billable.

12. Disclaimer of Certain Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EXCEPT AS EXPRESSLY STATED IN THESE TERMS OR IN A SIGNED WRITTEN AGREEMENT, DMK DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL DMK BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST USE, LOSS OF DATA, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DMK’S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THE WORK, THE PROPOSAL, OR THESE TERMS WILL NOT EXCEED THE AMOUNT ACTUALLY PAID TO DMK FOR THE SPECIFIC SERVICES GIVING RISE TO THE CLAIM.

14. Indemnification

Customer will indemnify, defend, and hold harmless DMK and its officers, employees, subcontractors, and agents from and against claims, damages, liabilities, penalties, fines, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) Customer’s breach of these Terms, (b) unsafe site conditions not created by DMK, (c) Customer’s or third parties’ negligence or willful misconduct, (d) inaccurate plans/specifications or instructions provided by Customer or others, or (e) hazardous materials not disclosed by Customer.

15. Ownership of Tools, Plans, and Intellectual Property

All DMK tools, equipment, temporary wiring, and staging remain DMK’s property. Any DMK-created drawings, layouts, calculations, or documentation provided to Customer are for the specific project only and may not be reused, distributed, or relied upon for other projects without DMK’s written consent.

16. Photographs and Project Documentation

DMK may take photographs and notes for documentation, quality control, safety, training, estimating, warranty, or dispute resolution. If Customer requests that DMK not publish identifiable project photos for marketing purposes, Customer must provide that request in writing before work begins. This does not limit DMK’s right to retain internal documentation.

17. Service Calls, Troubleshooting, and Diagnostics

Service and troubleshooting work often involves diagnostic time. Unless otherwise stated, diagnostic time and visits are billable regardless of outcome. If a problem is caused by third-party equipment, existing conditions, or non-DMK work, DMK may recommend additional repairs via Change Order.

18. Cancellations and Rescheduling

Customer should provide as much notice as possible to cancel or reschedule. Cancellations or rescheduling on short notice may result in charges for dispatched labor, mobilization, reserved materials, restocking fees, or lost time, as permitted by law and/or the Proposal.

19. Force Majeure

DMK will not be liable for failure or delay in performance due to events beyond DMK’s reasonable control, including acts of God, weather, fire, flood, storms, war, terrorism, civil unrest, labor disputes, strikes, shortages, pandemics, governmental actions, utility outages, transportation disruptions, or supply chain constraints.

20. Website Terms and Communications

Information on https://dmkelectrical.com is provided for general informational purposes and does not constitute a binding offer. Contacting DMK via the website, email, or phone does not create a contractual relationship until work is authorized under these Terms.

By providing your phone number, you consent to receive calls and messages (including texts) related to scheduling, estimates, project communications, and service updates. Message and data rates may apply. You may opt out of texts by replying STOP (where applicable).

21. Dispute Resolution

Customer agrees to first attempt in good faith to resolve disputes through informal discussion with DMK. Any legal action arising out of or relating to these Terms or the work must be brought in a court of competent jurisdiction in the Commonwealth of Virginia, unless DMK elects another lawful venue. Customer consents to personal jurisdiction and venue in Virginia.

22. Governing Law

These Terms are governed by the laws of the Commonwealth of Virginia, without regard to conflict of laws principles.

23. Severability

If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in full force and effect.

24. Assignment

Customer may not assign or transfer its rights or obligations under these Terms without DMK’s prior written consent. DMK may assign its rights to collect payment and enforce remedies.

25. Entire Agreement and Order of Precedence

These Terms, together with any signed Proposal, Change Order, or other written agreement signed by DMK, constitute the entire agreement regarding the work and supersede prior discussions and understandings. If there is a conflict, the signed written agreement or Change Order controls for that specific conflict, then the Proposal, then these Terms.

26. Legal Notice

This Terms of Business page is provided for general informational purposes and may not reflect all legal requirements applicable to your specific projects or contracting relationships. You should consult qualified legal counsel to tailor these Terms to your operations, contracts, and risk profile.