Bend Illumination Terms of Service for Installation and Service Contracts

These Terms and Conditions ("Terms") govern the installation, diagnostic, and repair services provided by Bend Illumination ("Bend Illumination") and constitute the entire agreement between Bend Illumination and the Client ("Client"). By accepting a quote, making any payment, signing an agreement, or by otherwise accepting any installation, diagnostic, or repair services provided by Bend Illumination, Client acknowledges receipt, understanding, and agreement to be bound by these Terms.

Acceptance of Quote: Acceptance of any installation quote or diagnostic service provided by Bend Illumination shall be confirmed by signing the provided agreement, via written communication (including email), or by making any payment. Any changes or additions requested after acceptance may result in additional fees and adjustments to the installation or service schedule.

Expiration of Quote: Quotes provided by Bend Illumination shall be valid for a period of fourteen (14) calendar days from the date of issuance. After such period, quotes will expire and must be reassessed and reissued.

Custom Design Mockups and Renderings: The custom design mockups ("Mockups") and/or renderings (“Renderings”) provide a conceptual visualization of Bend Illumination's products and services for the Client's property. They illustrate the general layout and design but may not reflect the exact number of bulbs or products, placement, visual effects, light intensity, or technical details. Bend Illumination and its designers are not liable for any discrepancies between the Mockups or Renderings and final installation, as variations may occur due to practical or technical factors.

Payment Terms: For new installations, Client agrees to provide an initial deposit of 50% upon acceptance of the quote. Final payment is due immediately upon completion of the installation, unless otherwise specified in writing by Bend Illumination. Service, diagnostics, and repairs on systems not installed by Bend Illumination require a non-refundable Diagnostic Call Fee paid upfront to secure scheduling. Final billing for additional hourly labor and materials is due immediately upon completion of the service visit, bypassing the standard 50/50 installation deposit structure. Overdue payments for all work conducted by Bend Illumination shall incur interest at the rate of 1.5% per month (18% per annum).

Payment Types: While Checks are preferred, we also accept Credit Cards, ACH Bank Transfers, and PayPal. A 3% discount is offered on each invoice that is paid by check and the invoice adjustment can be requested from Bend Illumination. A $50.00 fee will be applied for any returned checks.

Installation Schedule: Bend Illumination will make reasonable efforts to adhere to the proposed installation or service schedule. However, delays due to weather conditions, supply chain issues, or unforeseen circumstances will not result in penalties against Bend Illumination.

Client Responsibilities for Site Preparation and Safety: The Client is responsible for providing access to the work site and ensuring it is clear of hazards, obstructions, or animals, including but not limited to dogs. Bend Illumination shall not be held responsible for delays or additional costs due to the Client's failure to prepare the site accordingly or any harm caused by animals present on the site.

Homeowner Responsibility for HOA Compliance: The Client is responsible for ensuring compliance with all applicable HOA rules, regulations, and guidelines. The Client agrees not to hold Bend Illumination liable for any issues, violations, or disputes that arise from non-compliance with such rules and guidelines.

Renter Responsibility for Compliance with Governing Rules and Regulations: If the Client is a renter and not a homeowner, the Client is responsible for ensuring compliance with all applicable homeowner, property management, or other governing parties' rules, regulations, and guidelines. The Client agrees not to hold Bend Illumination liable for any issues, violations, or disputes that arise from non-compliance with such rules and guidelines.

Accuracy of Roofline Measurements and Proposal Confirmation: All linear roofline measurements for your address are calculated using reliable online tools known for their accuracy. If you believe these measurements may be incorrect, please inform us before accepting the proposal, as we strive for accuracy.

Warranty and Limitations: Bend Illumination provides a 365 day warranty on installation workmanship for new systems designed and installed by our company. For diagnostics, troubleshooting, and repairs conducted on systems not originally installed by Bend Illumination, Bend Illumination warranties only its own workmanship and new components or materials installed exclusively during the service call(s) for a period of 90 days from the date of service. Manufacturer warranties on lighting products will be passed directly to Client. Bend Illumination is not liable for damages caused by improper use, modifications, negligence, vandalism, acts of nature, or damage caused by Client or third parties.

Limitation of Liability: Bend Illumination's liability shall be limited to the cost of repairing or replacing the defective installation or products provided. Bend Illumination shall not be liable for consequential, indirect, or incidental damages, including but not limited to lost profits or property damage.

Indemnification: Client agrees to indemnify and hold Bend Illumination harmless from and against all claims, liabilities, damages, losses, costs, or expenses arising from any breach of these Terms or negligence by Client.

Third-Party Vendors: Client shall not hold Bend Illumination liable for any data breach, security incident, or unauthorized access, disclosure, or loss of Client Data caused by a Third-Party Vendor, including but not limited to breaches of confidentiality, system vulnerabilities, or other failures in the vendor's data protection practices. Client acknowledges that while Bend Illumination will make commercially reasonable efforts to ensure the security of Client Data when engaging Third-Party Vendors, Bend Illumination is not responsible for actions or inactions of these Third-Party Vendors that lead to a data breach.

Permits and Regulations: Client shall secure all necessary permits and approvals from relevant authorities unless otherwise specified. Bend Illumination will comply with local codes and regulations relevant to lighting installation.

Scope of Work: Bend Illumination will provide consultation, diagnostics, troubleshooting, materials, installation, repair, testing, and cleanup for all contracted projects at the Property.

Changes to Scope of Work: Any requested changes to the scope of work after acceptance of the quote or diagnostic agreement must be made in writing and may result in adjustments to the service schedule, completion timeline, and quoted pricing.

Termination of Agreement: Either party may terminate this agreement in writing with seven (7) days' notice. Upon termination by Client, Client shall pay for all completed work and materials purchased or committed by Bend Illumination up to the termination date.

Removal of Installed Products: Removal of installed lighting or related products by Bend Illumination, requested by Client for any reason other than defective products or services provided by Bend Illumination, shall incur additional fees payable by Client.

Governing Law: These Terms shall be governed by and interpreted in accordance with the laws of the State of Oregon. Any disputes shall be settled through mediation or arbitration located in Deschutes County, OR.

Severability: Should any clause within these Terms be found invalid or unenforceable, such invalidity shall not affect the validity or enforceability of the remaining provisions.

Entire Agreement: These Terms, together with any accepted quotes or agreements, constitute the complete understanding between Bend Illumination and Client and supersede all prior discussions, agreements, or understandings, whether written or oral.

Bend Illumination is licensed, bonded, and insured. Oregon Construction Contractors Board (CCB) License #251707.

version 1.4 - updated 4/17/2025