Sterling, Massachusetts
Effective Date: February 2026
1. CONTRACT FORMATION
1.1 Acceptance of any proposal, estimate, service ticket, contract, or commencement of work constitutes acceptance of these Terms. Any additional terms specifically written on any proposal, estimate, service ticket, or contract is also accepted at the time of signature or commencement of work.
1.2 In the event of conflict: (a) A separately executed Prime Contract or Subcontract controls; (b) These Terms supplement all agreements unless expressly waived in writing; (c) Customer-issued terms are rejected unless expressly accepted in writing by DMH.
2. SCOPE OF WORK
2.1 DMH shall perform electrical installation, repair, service, EV charging system installation, battery storage systems, generator installation, service upgrades, panel replacements, and related services as described in the written proposal.
2.2 Work is limited strictly to the written scope. Any deviation constitutes a written Change Order.
2.3 Unless expressly included, DMH does not provide engineering, architectural, structural, utility-owned infrastructure, or specialty system services.
3. PAYMENT TERMS (ALL PROJECT TYPES)
3.1 Unless otherwise agreed in writing, all invoices are due within thirty (30) days of the invoice date.
3.2 Failure to pay within 30 days constitutes a material breach. Interest accrues at 1.5% per month (18% annually) or the maximum allowed by law.
3.3 DMH may suspend work for non-payment and recover demobilization, remobilization, delay, and associated costs.
3.4 Customer shall pay all collection costs, including attorney’s fees, expert fees, court costs, and lien enforcement expenses.
4. MASSACHUSETTS HOME IMPROVEMENT CONTRACTOR COMPLIANCE (M.G.L. c.142A)
4.1 Applies to Massachusetts residential home improvement contracts exceeding $1,000.
4.2 Contracts shall include detailed scope, total price or T&M rate, payment schedule, start and completion dates, HIC registration number, and signatures.
4.3 Deposits shall not exceed one-third (1/3) of the contract price or cost of special-order materials, whichever is greater.
4.4 Three-Day Right of Rescission applies where required under M.G.L. c.93 §48.
4.5 HIC Arbitration Program may apply to eligible disputes.
5. SERVICE WORK
5.1 Flat-rate work includes labor, materials, and dispatch fees as quoted.
5.2 Time & Materials work billed at hourly rates plus materials, overhead, equipment, disposal, dispatch fees, and tax.
5.3 Payment due upon completion unless otherwise agreed.
6. COMMERCIAL PRIME CONTRACT WORK
6.1 Owner shall provide accurate plans, site access, and required coordination unless contracted otherwise.
6.2 Owner-caused delays entitle DMH to schedule extensions and extended overhead compensation. If DMH is required to accelerate work due to circumstances beyond its control, including but not limited to Owner delay or design revisions, DMH shall be entitled to equitable adjustment in contract price and time.
6.3 If concealed conditions materially differ from those indicated in the contract documents, DMH shall be entitled to equitable adjustment of time and compensation.
6.4 Contract pricing is based upon material costs in effect at the time of proposal. In the event of significant material price increases beyond DMH’s control, including copper, aluminum, switchgear, transformers, generators, EV equipment, or battery systems, DMH shall be entitled to an equitable price adjustment.
6.5 Delays caused by supply chain disruptions shall entitle DMH to schedule extensions without penalty.
6.6 DMH shall not be responsible for delays, defects, incompatibility, or warranty issues arising from Owner-furnished equipment. Installation of Owner-furnished equipment is performed without warranty as to equipment performance. Any additional labor required due to incomplete, damaged, or incompatible Owner-supplied equipment shall be billed as extra work.
7. SUBCONTRACT WORK (DMH AS SUBCONTRACTOR)
7.1 Payment due within thirty (30) days unless otherwise agreed.
7.2 Indemnification limited to damages caused by DMH’s negligence and subject to applicable anti-indemnity statutes.
8. PERMITS & INSPECTIONS
8.1 DMH shall obtain electrical permits unless otherwise specified.
8.2 Customer is responsible for access and correction of unrelated code violations.
8.3 The customer is responsible for providing access to the property for inspection if requested by DMH or the Authority Having Jurisdiction (AHJ). Failure to comply with such a request may result in additional fees for delays. DMH has no control over AHJ timelines, and requests for inspection may come with limited notice. DMH will try to coordinate with the customer prior to working with the AHJ, but each AHJ has differing requirements.
9. SITE CONDITIONS & UNFORESEEN CONDITIONS
9.1 Customer is responsible for concealed or unknown conditions, including defective wiring, grounding issues, structural instability, and hazardous materials.
9.2 Work shall cease upon discovery of hazardous materials until remediation at Customer’s expense.
9.3 Additional labor and materials required due to unforeseen conditions shall be billed.
10. WARRANTIES
10.1 One (1) year workmanship warranty for standard service work.
10.2 One (1) year workmanship warranty for panel upgrades, EV chargers, generator installations, and battery systems unless otherwise specified.
10.3 Manufacturer warranties supersede where applicable, but labor may not be covered unless specifically noted.
10.4 Warranty excludes misuse, tampering, acts of God, utility surges, water intrusion, increased load usage, and pre-existing violations.
10.5 Maximum liability limited to the amount paid under contract.
11. LIMITATION OF LIABILITY
11.1 DMH shall not be liable for lost profits, business interruption, consequential, incidental, indirect, or punitive damages.
12. LIEN RIGHTS
12.1 DMH reserves all mechanic’s lien rights under applicable statutes in any state that DMH operates in.
13. TERMINATION
13.1 DMH may terminate for non-payment, unsafe conditions, interference, or material breach.
13.2 Customer cancellation before work begins: 10% of contract value or $1,000 (whichever is less).
13.3 After work begins: payment for work performed plus overhead and profit.
14. FORCE MAJEURE
14.1 DMH is not liable for delays due to weather, material shortages, labor disputes, utility delays, government actions, pandemics, or acts of God.
15. INSURANCE
15.1 DMH maintains General Liability, Workers’ Compensation, and Commercial Auto Insurance. Certificates available upon request.
16. DISPUTE RESOLUTION
16.1 Parties agree to attempt mediation prior to litigation.
16.2 Governing law shall be the state where the project is located.
16.3 Venue shall be Worcester County, Massachusetts, unless otherwise required by law.
16.4 Prevailing party entitled to reasonable attorney’s fees and costs.
17. ENTIRE AGREEMENT
17.1 These Terms constitute the entire agreement and supersede prior negotiations.
17.2 Modifications must be in writing, signed by both parties.
17.3 Electronic signatures are binding.