Last updated: April 27, 2026
These Terms of Service govern the professional installation, maintenance, and repair services provided by K&B Energy Solutions LLC (the ‘Contractor’). By signing a project proposal, issuing a deposit, or allowing work to commence, the Homeowner agrees to be bound by these provisions. This document outlines essential details regarding payment schedules, site conditions, warranties, and the process for project changes.
Homeowner may not make changes to the work described in the Agreement (the “Work”) without the Contractor’s prior written approval. Homeowner must timely request any change to permit scheduling and compensation with minimum interruption and cost increase. A change to the Work of this Agreement shall be memorialized in a written Change Order signed by Homeowner and Contractor. Payment in full for the Change Order shall be due and payable upon execution unless otherwise agreed in the written Change Order.
After execution of the Agreement, the Contractor may discover latent defects and/or obstructions in existing equipment, structure and/or underground. Including but not limited to inadequate or faulty wiring and electrical lugs, faulty mechanical equipment, sprinkler lines, or other concealed, unusual or unknown conditions that could not have been observed by the Contractor prior to beginning the Work (“Concealed Conditions”). If a Concealed Condition is discovered by the Contractor, the Homeowner agrees that the Contract Price shall be adjusted accordingly to equitably cover any additional costs incurred by Contractor to remedy the Concealed Conditions. Said adjustments of the Contract Price and Project Schedule shall be memorialized in a written Change Order signed by Homeowner and Contractor. Payment in full for the Change Order shall be due and payable upon execution unless otherwise agreed in the Change Order.
The Contractor cannot guarantee that materials used will match existing, since dye lots and availability from manufacturers are subject to change without notice. The Contractor will use reasonable efforts to match old and new materials; however, the points of connection and any patched areas may be visible. The Contractor is not responsible for causing old and new materials to look identical or joints to be invisible.
Unless otherwise stated in the Agreement, payments are to be made as follows: five hundred dollars ($500.00) non refundable deposit upon execution of the Agreement with the balance due upon substantial completion of the Work (unless Contractor’s credit manager approves other payment terms). The Homeowner agrees not to deduct any money for any reason whatsoever from the agreed Contract Price. Homeowner authorizes Contractor to conduct a credit history inquiry and request reasonable evidence that Homeowner has secured financing to pay the Contract Price and any Changer Order in excess of $500.00. This Agreement is subject to approval by the Contractor’s credit department and office without exception. In the event the Contractor does not approve Homeowner’s credit history, any monies received may be returned. Failure of Homeowner to furnish Contractor with reasonable evidence that Homeowner can fulfill its payment obligations to Contractor will entitle Contractor to suspend the Work until Homeowner furnishes Contractor with financial assurances acceptable to Contractor or terminate the Agreement of Contractor’s convenience by providing written notice to Homeowner (“Notice of Termination for Convenience”). Contractor’s Notice of Termination for Convenience shall include an itemized statement of the unpaid balance of the Contract Price properly performed and completed by Contractor and shall be payable by Homeowner upon receipt of the Notice of Termination for Convenience. Unpaid amounts 30 days after the date of Contractor’s invoice shall accrue interest at the rate of 1.5% per month until the balance is paid in full. The Homeowner shall be responsible for Contractor’s costs for collection of all unpaid invoices, including reasonable attorney fees and all court costs.
The Contractor shall not be responsible for puncture or damage to electrical wiring, sprinkler lines, air conditioning lines, or plumbing lines placed within the required penetration area of the walls, earth, roof or flooring substructure.
The Homeowner understands and agrees that the Contractor’s standard guarantee, a copy of which is available upon request, shall be acceptable to the Homeowner and all terms and conditions contained therein shall prevail, unless otherwise specifically agreed to in writing prior to the commencement of the Contractor’s Work. There are no warranties, express or implied, of merchantability or fitness for a particular purpose or otherwise which extend beyond the description on the face hereof and the separate express written limited warranty furnished to Homeowner at the time of final payment. The Contractor agrees during the applicable warranty period to repair and/or remove and replace any Work covered by the applicable warranty. Homeowner and Contractor expressly waive any incidental, consequential or special damages related to this Agreement and Contractor’s warranty obligations. The Agreement and the express written limited warranty constitute the entire and complete Agreement between Homeowner and Contractor and there are no other agreements or understanding, express or implied, other than those specifically set forth herein. Any future promises, agreement or contract are valid and enforceable only if in writing and signed by a properly authorized representative of Contractor. Homeowner has fully investigated the nature of the products and services that are the subject of this Agreement and Homeowner has exercised Homeowner’s own independent judgment in deciding to execute this Agreement.
Homeowner must notify Contractor, in writing, within the applicable warranty period, of the express warranty that Homeowner claims has been breached. Homeowner shall send Homeowner’s written notice to Contractor, including a copy of the Agreement c/o: K&B Energy Solutions 13111 Newburgh Road Livonia MI 48150 (734) 237-4567.
Homeowner’s failure to fully pay Contractor’s invoices according to the terms of this Agreement shall render any and all express warranties null and void.
Contractor represents and Homeowner agrees and understands that: (i) Homeowner agrees that prior to the performance of the Work, Homeowner shall, as applicable, remove, reposition and reinstall any and all obstructing plants, furniture, pictures, fencing, decorations, and other similar items from the installation area. If the homeowner fails to do a $500 rescheduling fee shall be charged to the homeowner.; (ii) Should the homeowner be a no-show when the Work is to be performed, a $500 rescheduling fee shall be charged to the homeowner;; (iii) Homeowner agrees and understands that during installation or removal of the Work, Contractor will use reasonable efforts in a workmanlike manner to minimize damage to Homeowner’s existing improvements on Homeowner’s real property and Homeowner agrees that Contractor shall not be responsible for any damage to driveways, landscaping items, lighting, irrigation systems, drywall, siding, ceiling tiles, underground pipes, lines or any other existing improvements on Homeowner’s real property; (iv) Contractor shall not be responsible for disconnecting, reconnecting or functionality of alarm systems, water heaters, heating or cooling units; and (v) Homeowner agrees that if they do not adhere to 10 the Contractor may charge for additional costs related to additional labor, travel, materials, and other similar expenses to perform 10 tasks.
The estimated date for the completion of this Agreement shall be extended for any reason specified in this Agreement and for causes beyond Contractor’s control, including, but not limited to, weather, rain, fire, tornado, windstorms, permits, variances, Concealed Conditions, labor disputes, strikes, natural disasters, or other acts of God, labor or material shortages, pandemics, delays required to comply with any rule, order or regulation, interference by Homeowner or other circumstances beyond Contractor’s control. Contractor shall have no responsibility for any damages caused by the foregoing force majeure events.
Contractor’s offer set forth in the Agreement will expire thirty (30) days after the date of the offer unless otherwise extended by Contractor in writing. After expiration, Contractor reserves the right to revisit the Contract Price in accordance with costs in effect at the time. The Agreement shall not be canceled (after the 3-business day cancellation period) once Work is commenced by Contractor except by mutual written agreement of Contractor and Homeowner. If material has to be reordered or restocked because of cancellation by Homeowner, Homeowner shall pay a restocking fee equal to fifteen percent (15%) of the Contract Price. In the alternative, in Contractor’s sole discretion, Homeowner shall pay Contractor for cancellation of the Agreement more than 3-business days after execution, liquidated damages in the amount of fifteen percent (15%) of the Contract Price and Homeowner agrees that such amount is a reasonable and fair approximation of the actual costs incurred by Contractor and is not a penalty.
Homeowner waives claims against the Contractor for consequential damages arising out of or relating to this Agreement, including, but not limited to, rental expenses, losses of use, income, profit, financing, business and reputation.
In no event shall the liability of Contractor exceed the Contract Price, including all written Change Orders executed by Homeowner and Contractor.
Homeowner expressly authorizes Contractor and Contractor’s agents and representatives to contact Homeowner to discuss this Agreement and/or its products and services and to conduct customer satisfaction or marketing surveys.
Homeowner authorizes Contractor and Contractor’s agents and representatives to take photos & videos of the space where the Work is to be performed before, during and upon completion of the Work for estimating, planning, installation, training, marketing, and advertising purposes, including but not limited to, internal company files and external advertising including print or web-based publications.
Contractor currently purchases and maintains the following insurance limits in the states where Contractor is doing business, including; (i) Commercial General Liability (CGL) and Products/Completed Operations in the amount of $2,000,000 per occurrence, $2,000,000 total aggregate; (ii)Commercial Automobile Liability in the amount of $1,000,000; (iii) Excess/Umbrella CGL in the amount of $2,000,000. A copy of Contractor’s Certificate of Liability Insurance is attached to the Agreement or will be provided to Homeowner upon execution of the Agreement or written request c/o: K&B Energy Solutions 13111 Newburgh Road Livonia MI 48150 734-237-4567. Other than the foregoing insurance coverages, the Contract Price does not include expenses or charges for bond insurance premiums. During the duration of the Work, Homeowner’s insurance policy will be responsible for any damage, provided the Contractor has taken appropriate action to protect from damage during the performance of the Work.
For all disputes arising out of, or related to this Agreement, any breach hereof or the goods and material sold or services rendered that fall within the monetary jurisdiction of the Small Claims Court located closest to the location of the Work subject to this Agreement shall have exclusive jurisdiction over the dispute(s) and the Small Claims Court shall finally resolve such dispute(s). For all disputes that exceed the monetary jurisdiction of the Small Claims Court located closest to the location of the Work subject to this Agreement, Homeowner and Contractor agree as follows: (i) Homeowner and Contractor agree to negotiate in good faith in an attempt to resolve any dispute(s) for a period of at least thirty (30) days following receipt of written notice from either party to the other which shall set forth, in specifics, the nature and description of the dispute(s), the actions or inactions of the other party which caused the dispute(s), and the relief or remedy requested by the notifying party; (ii) should Homeowner and Contractor be unable to resolve the dispute(s) through good faith negotiations, any and all disputes shall, at the sole discretion of Contractor, be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then pertaining; such award(s) shall be final and binding on the parties with no right to appeal the arbitration award; and (iii) all dispute(s) not resolved by arbitration will be resolved by litigation in any federal or state court with jurisdiction over the parties after compliance with Paragraph 20 hereof. For all dispute(s) whether resolved in Small Claims Court, Arbitration or Litigation in any state or federal court with jurisdiction, the prevailing party shall be entitled to recover reasonable attorney fees and all costs and expenses incurred, including the costs to engage expert consultants.
Homeowner hereby agrees to waive any and all class action proceedings or counterclaims against Contractor, its affiliates, successors or assigns, whether at law or equity, regardless of which party brings suit. This waiver shall apply to any matter whatsoever between the parties hereto which arises out of or is related in any way to this Agreement, the performance of Contractor, its affiliates, successors or assigns for any Work or services rendered under the terms of this Agreement.
The Agreement shall not be assigned without the written consent of Contractor and any such assignment without Contractor’s written consent shall be null and void. If any provision of the Agreement is deemed illegal or unenforceable, the validity and enforceability of the remaining provisions shall not be thereby affected. This Agreement and the documents incorporated by reference state the entire agreement between Homeowner and Contractor and shall be deemed a fully integrated written contract between Homeowner and Contractor. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of them shall constitute one and the same Agreement, For the convenience of Homeowner and Contractor, a facsimile, electronic, or .pdf signature shall be deemed and original signature to this Agreement.
K&B Energy Solutions LLC
13111 Newburgh Road, Livonia, MI 48150, USA
Phone: (734) 666‑0101
