Service Agreement

• “Scheduled appointment window” means the specific date and two-hour time range confirmed by our office for your appointment (for example, “Tuesday, March 4, 8:00 AM - 10:00 AM”).
• “Substantial completion” means the installed system or repair is functional and safe for its intended use, even if minor cosmetic items or non-essential components remain on a punch list.
• “Workmanship defect” means a failure or malfunction that results directly from work we performed incorrectly or materials we installed improperly.

1. Where a down payment is specified in the quote, you agree to pay it before work begins.
2. You agree to pay the full contract amount upon substantial completion of the work. Minor cosmetic defects or delayed non-essential components (punch-list items) do not justify withholding the entire remaining balance. We will complete punch-list items promptly.
3. Any balance not paid within 30 days of substantial completion will incur a late payment penalty of 1.5% per month on the outstanding balance until paid in full.
4. No failure or delay by us in collecting payment shall be construed as a waiver of any amount owed.
5. Technicians are not permitted to accept cash payments. Any cash given to a technician will not constitute a payment toward this project. All payments must be made through official Kestrel payment channels.
6. Accepted payment methods include credit/debit cards, ACH payments (direct bank transfers), Apple Pay, and Google Pay. Additional methods, if available, will be listed at time of invoicing.
7. Returned or failed payments (including bounced ACH transfers, declined cards, or returned checks) will incur a processing fee of $35, or the maximum amount permitted by Virginia law, whichever is less.

1. You confirm that the site address listed on this agreement is correct for this project and that you have legal authority to authorize modifications to the property at that location.
2. All work shall be performed in accordance with applicable local and national building codes and ordinances as in effect at the time of installation.

1. You are responsible for providing clear, safe, and unobstructed access to the working area and to the equipment being serviced (including but not limited to electrical panels, water heaters, HVAC systems, crawl spaces, and attic access points), as well as a working electrical outlet within 150 feet of the working area. If access is obstructed and clearing it is not part of the quoted scope, additional charges may apply for the time required to gain access, or we may need to reschedule.
2. An adult (18 years or older) must be present on-site for the duration of the scheduled appointment. This does not need to be the person who scheduled the service, but someone must be available to provide access and direct the technician to the work area. If no adult is on-site within 15 minutes of our technician’s arrival during the scheduled appointment window, the technician may leave and a trip fee of $150 will be charged.
3. This trip fee does not apply if we arrive outside the scheduled appointment window.

1. We commit to arriving within your scheduled appointment window. If we arrive after the end of the scheduled window, you may request a $50 credit applied to the service call fee. Your technician can apply this on the spot before work begins.
2. In the event of circumstances requiring rescheduling (severe weather, vehicle breakdown, emergency, or similar events beyond our control), we will notify you as soon as possible and offer a new appointment window at your convenience.

1. To cancel or reschedule an appointment, please contact our office with at least 24 hours’ notice prior to the start of your scheduled appointment window. There is no fee for cancellations made with adequate notice.
2. Cancellations made with less than 24 hours’ notice will incur a cancellation fee of $75. If our technician has already been dispatched and arrives to find no one available, the $150 trip fee applies instead (not both).
3. You understand that field technicians are not permitted to make any promises relating to pricing, discounts, or fees. All pricing is established through our office.

1. If conditions discovered during work require a change in scope, we will stop work, notify you, and provide a revised quote. Additional work will not proceed without your written or electronic approval of the revised price.
2. If you decline the revised scope, you are responsible only for work already completed at the original quoted price.

Homes are full of surprises. If during the course of work we discover or suspect hazardous materials (such as mold, asbestos, or lead paint), illegal or dangerous wiring or plumbing, structural damage, or other conditions that require specialized remediation, we will stop work and notify you immediately. We are not licensed or trained to identify or handle hazardous materials, and you are responsible for having such conditions assessed and remediated by a qualified specialist before we can resume work.

You acknowledge that our technicians are tradespeople, not hazardous material inspectors. While we will stop work if we notice something that appears hazardous, we cannot guarantee detection of all hazardous materials (such as asbestos in insulation, lead in paint or solder, or hidden mold). If you know or suspect that your property contains hazardous materials in or near the work area, you must inform us before work begins. Failure to disclose known hazardous conditions releases us from liability for any disturbance of those materials during the normal course of our work.

Any delay caused by the discovery of hazardous or unforeseen conditions is not the responsibility of Kestrel and may require a revised quote for the remaining scope of work.

We guarantee the work we perform, but we cannot take responsibility for the condition, failure, or required upgrading of pre-existing pipes, wires, equipment, or other infrastructure that we did not install or directly work on as part of this project. Older homes may have aging systems that are brittle, corroded, or not up to current code. Restoring normal system operation (such as turning water or power back on after a repair) may reveal weaknesses in other parts of the system that were not apparent before. These are pre-existing conditions, not a result of our work.

1. We warrant our workmanship for two (2) years from the date of project completion. If you report a workmanship defect within the warranty period, we will investigate and, if confirmed, remedy it at no additional charge.
2. Materials and fixtures supplied by us are warranted for two (2) years from the date of installation, or the duration of the manufacturer’s warranty, whichever is longer. Where a manufacturer’s warranty applies, we will assist you in processing the claim.
3. We warrant our workmanship in installing client-supplied materials, but we make no warranty on the materials themselves.
4. This warranty does not cover:
   • Normal wear and tear, including the gradual buildup of deposits, corrosion, or blockages that occur through regular use over time
   • Damage caused by misuse, abuse, tampering, unauthorized modification, or repair by anyone other than Kestrel after our work is complete
   • Failure of components or systems not installed or serviced by us
   • Pre-existing conditions, including code violations, structural deficiencies, deteriorated infrastructure, or other issues that were present before our work began, whether or not they were visible at the time
   • Conditions caused by factors outside our control, including but not limited to water quality, soil movement, settling or shifting of the structure, power surges, pest damage, fire, flood, storms, or other acts of nature
   • Manufacturer defects in equipment or materials (covered by the manufacturer’s warranty)
   • Cosmetic issues that do not affect the function or safety of the installed work
5. This warranty is for the specific work performed and does not guarantee that a problem will not recur due to underlying conditions, normal system aging, or continued use. For example, clearing a drain addresses the existing blockage but does not warrant against future blockages caused by ongoing use.
6. This warranty is extended to the original client who signed this agreement and is not transferable to subsequent property owners.
7. This warranty does not require the purchase of a maintenance contract or any ongoing service agreement with Kestrel.

Right to Cure

If you believe a workmanship defect has occurred, you must notify us and provide a reasonable opportunity for us to inspect and correct the issue before hiring any third party to perform repairs. If you engage a third party to repair work covered by this warranty without first notifying us and allowing us reasonable access to inspect and cure, our warranty obligation for that work is voided and we are not liable for the third party’s charges.

Warranty Claim Process

To make a warranty claim, contact our office by phone or email. We will schedule an inspection at no charge. You agree to provide reasonable access for warranty inspection and repair. If you do not provide access within 30 days of our attempt to schedule, the warranty claim may be considered void. If the issue is determined to be a workmanship defect, we will remedy it at no cost. If the issue falls outside warranty coverage, we will provide a quote for the repair.

We stand behind our work and maintain commercial general liability insurance for damage caused by our negligence. The following terms define how property damage is handled so both parties have clear expectations:

1. If our work causes damage to your property, we will immediately mitigate the source of the damage (e.g., shut off water or power) and notify our insurance carrier.
2. For time-sensitive remediation (such as water extraction or emergency cleanup), you should file a claim with your homeowner’s insurance, which is designed to respond quickly to protect your property. If we are determined to be at fault, our liability carrier will reimburse your insurer through subrogation.
3. We do not authorize, contract for, or assume direct financial responsibility for third-party remediation, restoration, or repair services on your behalf. Emergency remediation is contracted between you (or your insurer) and the remediation provider.
4. We are not liable for:
   • Damage to or failure of pre-existing systems, infrastructure, or components not directly worked on as part of this project
   • Conditions that existed prior to our arrival, including but not limited to mold, rot, corrosion, or code violations
   • Coincidental failures of aging or deteriorated components triggered by normal system use following our work
   • Consequential, incidental, or indirect damages of any kind, including but not limited to loss of use, loss of occupancy, hotel or lodging costs, lost wages, lost rental income, spoiled goods, or similar losses
5. Our liability for direct property damage caused by our negligence is limited to the coverage provided by our commercial general liability policy.
6. Nothing in this section limits liability for gross negligence, willful misconduct, or personal injury where such limitation is prohibited by law.

Some work requires cutting into drywall, ceilings, or other surfaces to access pipes, wires, or equipment. We will be as minimally invasive as possible. Unless specifically included in your quote, the patching, finishing, and repainting of access openings is your responsibility. If drywall repair is included in your quote, it will be listed as a separate line item.

1. You agree to remove or otherwise protect any personal belongings inside and near the working area. We will take reasonable care to protect your property in and around the work area, but we are not responsible for items that were not removed or protected prior to work commencing.
2. All pets must be secured away from the work area for the duration of the appointment, for their safety and our technicians’ safety.
3. You are responsible for ensuring that no minors or persons under the age of 18 are left unsupervised with any employee of ours. Our technicians are not permitted to be alone with minors and are instructed to leave the premises immediately if this situation arises.
4. If you know or suspect the presence of hazardous materials (asbestos, lead, mold, or similar) in or near the work area, you must inform us before work begins.

Where permits are required by local jurisdiction, we will obtain them. Permit costs are included in the quoted price unless otherwise noted on the quote. You agree to allow reasonable time for permit processing, which may affect the project timeline.

You acknowledge that work delays are possible and materials or fixtures may be required that are not immediately available. In the event of a material delay, we will notify you as soon as practicable with an estimated timeline for completion.

1. By you: If you wish to have us stop work after it has begun but before the project is complete, we are not required to restore the project to its previous state. You agree to pay for any labor performed, materials installed, and the full cost of any specially ordered, custom, or non-returnable materials purchased for your project. We will, where safely possible, leave the work area in a condition that does not pose an immediate safety hazard.
2. By us: If we determine that a task is outside our expertise, outside the scope of our license, or unsafe to continue, we reserve the right to stop work. In such cases, you agree to pay for the portion of work that was completed. We will explain the reason for stopping and, where possible, recommend next steps or an appropriate specialist.

We may photograph or video-record the work area before, during, and after the project for quality assurance and internal documentation purposes. We may use anonymized photos of the work (where your identity, address, and personal belongings are not visible) for training or as examples shared with prospective clients. Any photos or video identifying you or your home (used on our website, social media, or other public marketing) require your separate written consent.

You acknowledge that, in accordance with Virginia law, we reserve all collection rights available to us in the event of non-payment, including the right to file a mechanic’s lien against the property. If the full amount due is not paid within 30 days of substantial completion, we may file a lien for the unpaid balance, plus any applicable late fees, against the property. If we engage legal counsel or a collection agency to recover unpaid amounts, you are responsible for our reasonable attorney’s fees, court costs, and collection costs incurred in that effort.

We want to resolve any disagreements directly and fairly. If a dispute arises:

1. Direct resolution: Contact us directly. Our ownership team is available and wants to hear about any concerns.
2. Mediation: If we cannot resolve the matter directly, either party may request non-binding mediation. Mediation costs will be shared equally.
3. Binding arbitration:If mediation does not resolve the dispute, the matter shall be resolved by binding arbitration administered under the rules of the American Arbitration Association, conducted in Hanover County, Virginia. The arbitrator’s decision shall be final and enforceable in any court of competent jurisdiction. For claims within the jurisdictional limit of Virginia General District Court, either party may elect to bring the matter in small claims court instead of arbitration.
4. Individual claims only: You agree to bring any claims against Kestrel only in your individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding.
5. Jury trial waiver: To the extent any matter proceeds in court rather than arbitration, both parties waive the right to a jury trial.

1. Force Majeure: Neither party shall be liable for delays or failure to perform due to causes beyond their reasonable control, including but not limited to natural disasters, pandemics, government orders, or supply chain disruptions. In such events, deadlines are extended by the duration of the delay.
2. Governing Law and Venue: This agreement shall be governed by the laws of the Commonwealth of Virginia. Any legal action or proceeding shall be brought exclusively in the state or federal courts located in Hanover County, Virginia.
3. Notices: Any formal notice required under this agreement shall be sent by email to the addresses listed on this agreement, or by certified mail to the addresses listed on this agreement. Notice is considered received on the date of email delivery confirmation or three business days after mailing, whichever is earlier.
4. Assignment: We may assign this agreement to a successor entity (such as in the event of a sale or reorganization of the business). You may not assign your rights or obligations under this agreement without our written consent.
5. No Waiver: Our failure to enforce any provision of this agreement on one occasion does not waive our right to enforce it on any other occasion.
6. Survival: The Warranty, Liability, Non-Payment, and Dispute Resolution sections of this agreement survive completion or termination of the project.
7. Electronic Signatures: This agreement may be signed electronically and in counterparts, each of which shall be considered an original.
8. Entire Agreement: This agreement constitutes the entire agreement between the parties and supersedes all prior discussions, quotes, or representations not contained herein.
9. Severability: If any provision of this agreement is found to be unenforceable, the remaining provisions shall remain in full force and effect.
10. Headings: Section headings are for convenience only and do not affect the interpretation of this agreement.
11. Posted Version: This agreement may be published on our website for reference. The version signed by both parties at the time of the project is the version that governs. In the event of any discrepancy between a posted version and the signed version, the signed version controls.