A. The term “CONTRACTOR” herein refers to PIPE DOCTORS PLUMBING INC. and its associates.
B. The term “CUSTOMER” herein refers to person/agent whom the CONTRACTOR is rendering its services.
2. SITE CONDITIONS
A. If CONTRACTOR must obtain access to other properties in the course of work, CUSTOMER shall secure permission for such and hold harmless and indemnify CONTRACTOR and its employees and agents against all actions and consequences arising or relating to the use of said properties, including but not limited to damage done in the normal course of work, excluding negligence, and for securing said property and its contents during and after work.
B. CUSTOMER shall secure, remove and protect all property, and its contents, including but not limited to adults, children, animals, cabinets, fixtures flooring, walls, tiling, carpets, drapes, furniture, and vegetation during and upon completion of work, and shall hold harmless and indemnify CONTRACTOR, its employees and agents against all claims arising out of CUSTOMER’S failure to do so.
3. LIMITED WARRANTY
A. CONTRACTOR warrants its materials and workmanship to be free from defects for one year after performance, unless otherwise specified in writing. This warranty does not cover faults caused by misuse; negligence; or damage caused by acts of God including, but not limited to earthquake. There is no warranty on drain or main line cleaning, or any other maintenance service. In the event that a manufacturer offers a warranty, said warranty shall negate and supersede CONTRACTOR’S warranty. This warranty is the only warranty by CONTRACTOR to CUSTOMER, and is in lieu of all other warranties, expressed or implied.
B. CUSTOMER shall telephone CONTRACTOR within twenty four (24) hours of discovery of any warranty claim. CONTRACTOR will respond with reasonable promptness between the hours of 8:30 a.m. to 4:30 p.m. Monday through Friday, excluding holidays.
C. CONTRACTOR shall not be liable for electrical or other damages relating to drywall, stucco, roof, carpet, tile, floor, windows, fixtures, plumbing, furniture and personal property from any defect or delay in responding to said warranty. CUSTOMER must take reasonable steps to mitigate damages.
D. CONTRACTOR shall not be liable for lost profits, incidental, special, exemplary, indirect or consequential damages resulting from any work performed, or any problem, whether or not covered by this limited warranty.
4. UNFORESEEN CONDITIONS
A. If conditions and/or circumstances are encountered at the job site which are concealed physical conditions, or unknown physical conditions of an unusual nature, which differ materially from that which is visually ascertained, CUSTOMER agrees to accept responsibility for such conditions and those circumstances outside the control of CONTRACTOR and further agrees to pay for any labor or materials, including repair to damaged equipment of CONTRACTOR caused by such conditions and/or circumstances.
B. It is the intent of this provision to make CUSTOMER responsible for all (1) unforeseen and concealed conditions, and (2) for that which CONTRACTOR cannot control. Accordingly, CUSTOMER further agrees to hold CONTRACTOR harmless and shall indemnify and defend CONTRACTOR and all its agents and employees from and against all claims, damages, losses and expenses, including but not limited to attorney fees, consequential damages, arising out or as a result from the performance of CONTRACTORS work involving, affecting, or relating to such unforeseen or concealed conditions regardless of whether such damages are caused in part by CONTRACTOR.
C. Asbestos or other Hazardous Materials Remediation Work – CONTRACTOR has no information whatsoever with respect to asbestos or other hazardous materials or substances in any portion of the CUSTOMER’s property and has not conducted any investigation in connection herewith. CONTRACTOR does not perform asbestos or other hazardous materials or substance removal and CONTRACTOR shall have no responsibility whatsoever and CUSTOMER expressly releases CONTRACTOR from any liability whatsoever and for any claims arising out of its presence, release, remediation or removal and for any costs, losses or damages CUSTOMER may suffer or sustain if it is found to exist on the CUSTOMER’s property. In the event asbestos or other hazardous materials or substances are found to exist on the CUSTOMER’s property or if, in order to obtain a building permit for the work to be performed by CONTRACTOR as set forth herein, any remediation action or work, including investigation is required to be performed on the CUSTOMER’s property concerning asbestos or other hazardous materials or substances, all work by CONTRACTOR will cease until such time as CUSTOMER has, at CUSTOMER’s sole expense, caused said asbestos or other hazardous materials or substances to be removed in compliance with all applicable laws relating thereto.
D. Mold or Mold Spores – CONTRACTOR recommends that you hire a professional water damage restoration company to clean and treat an area that has water damage or as a result of work performed. CONTRACTOR is not responsible for any damage or ill health caused by mold. CUSTOMER agrees to waive all claims against CONTRACTOR that may be related to such work.
E. If for any reason, a maintenance visit is not performed either because of the contractor or because of the maintenance agreement customer, the monetary value does not exceed the cost of the maintenance agreement.
5. SOLUTION NOT PERFORMED
If suggested options are not chosen by the CUSTOMER and a failure is experienced, the CONTRACTOR is held harmless.
A. CONTRACTOR will not clean any drain-line or sewer lines through a roof vent, if deemed unsafe.
B. Any drain cleaning cable which becomes stuck in the line is the responsibility of the CUSTOMER for removal and/or additional repairs.
C. If a sewage spill is deemed hazardous material, the cost of clean up is the responsibility of the CUSTOMER.
7. LICENSE, PERMITS, AND FEES
A. CUSTOMER shall furnish and pay for, at their own expense, all taxes, permits, and license fees required to legally perform the repair work in accordance with this Agreement.
B. Access to the property for an agent of administrative authority must be provided within a reasonable time. Should reasonable access not be provided, it may result in additional charges to the CUSTOMER.
C. If at any time the administrative authority asks for additional works not related to our original contract, the work is the responsibility of the CUSTOMER. CONTRACTOR will provide an additional CONTRACT PRICE for that work.
D. All notices related to work performed by the CONTRACTOR which are sent to the property owner must be forwarded to the CONTRACTOR and a reasonable amount of time allowed for the process.
A. All work is done on a fixed CONTRACT PRICE. The price includes Materials, Tax and Labor. NO BREAKDOWN WILL BE PROVIDED!
B. Payment for the work described in this Agreement shall be immediately due upon completion of the work, unless otherwise specified in writing.
C. No deduction shall be made from payments due CONTRACTOR on account of penalty, liquidated damages, back charges for alleged defective work, or other sums withheld from payments to other CONTRACTORS, or on account of the cost of charges or defects in the work. Furthermore, CUSTOMER agrees and recognizes that payment for services rendered by CONTRACTOR when due is an express condition precedent to CONTRACTOR continuing work as herein described in this Agreement. CUSTOMER recognizes that the failure to pay for services when due shall entitle CONTRACTOR to terminate work immediately. In the event that CONTRACTOR terminates work for non payment as herein described, CONTRACTOR shall be entitled to all of its reasonable expenses including, but not limited to, cost of labor, materials, a reasonable allowance for overhead and profit, and all other compensation as allowed by law. All warranties will be void.
9. RIGHT TO TERMINATE IN EVENT OF DISPUTE
In the event of a dispute between CONTRACTOR and CUSTOMER, CONTRACTOR and CUSTOMER agree that the CONTRACTOR immediately terminate the work described herein. In the event of such termination, CONTRACTOR shall be entitled to payment for all services rendered including costs of all labor, materials, reasonable profit and overhead. In the event of cancellation by CUSTOMER after contract has been signed, CONTRACTOR is entitled to a minimum fee of 10% or $1000 whichever is less. In the event of cancelation by CUSTOMER after work has commenced, CONTRACTOR is entitled to 10% or payment for work performed, whichever is more.
10. NOTICE OF DEFECTIVE WORK
Upon completion of the work, CUSTOMER agrees to exercise due diligence in inspecting the work for defective workmanship and materials. CUSTOMER agrees to notify CONTRACTOR within forty eight (48) hours of completion of the work described hereunder of q.11 defective work, if any. CUSTOMER agrees that upon discovery of any allegedly defective work, CUSTOMER shall immediately call CONTRACTOR, who shall have the first opportunity to repair the allegedly defective work. The failure to allow CONTRACTOR the first opportunity to repair the allegedly defective work shall void all warranties, express and implied hereunder. CUSTOMER agrees and recognizes that they shall not withhold any payments for allegedly defective work. CONTRACTOR is not responsible for reimbursement for work performed by any other company or individual.
11. SERVICES NOT COVERED
CONTRACTOR will not perform any other work or trade than that which is specified herein, including but not limited to carpentry, plaster/wall work, tile work, landscaping, masonry, flooring, roofing, paving, etc., unless specified in writing. Unless otherwise stated, paint, plaster, stucco, and landscaping is the responsibility of CUSTOMER.
12. SCOPE OF AGREEMENT
This agreement represents the entire and integrated agreement between CUSTOMER and CONTRACTOR and supersedes all prior negotiations, representations or agreements, either oral or written. This agreement may be amended only by written instrument offered by CONTRACTOR and accepted by CUSTOMER.
Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to any structural defects must be filed within ten years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License Board, P.O. Box 26000, Sacramento, California
14. Plumbing Call Terms and Conditions
A. Our Diagnostics/Dispatch Call Fee is non-refundable.
B. The technician will diagnose your emergency problem and will then present you with options for solving your problem and exact prices. If for any reason our repair option is not in your budget or unable to solve your problem you will be responsible for the Diagnostics/Dispatch Call Fee.
C. Not all plumbing emergencies can be solved after hours. If we came to your home and shut your water or gas off and performed no work you will be responsible for the non-refundable Diagnostics/Dispatch Call Fee.
15. SUPPLY DELAY, MATERIAL PRICE INCREASE AND LABOR PRICE INCREASE
In the event of supply delay or price increase of material, labor etc. occurring during the performance of the contract through no fault of the Contractor, the contract sum, time of performance, and contract requirements shall be equitably adjusted by change order.
NOTICE TO OWNER
PROVIDED IN ACCORDANCE WITH
SECTION 7018.5 OF THE BUSINESS AND PROFESSIONS CODE
Under the California Mechanics’ Lien Law, any contractor, subcontractor, laborer, supplier, or other person or entity who helps to improve your property, but is not paid for his or her work or supplies, has a right to place a lien on your home, land, or property where the work was performed and to sue you in court to obtain payment.
This means that after a court hearing, your home, land, and property could be sold by a court officer and the proceeds of the sale used to satisfy what you owe. This can happen even if you have paid your contractor in full if the contractor’s subcontractors, laborers, or suppliers remain unpaid.
To preserve their rights to file a claim or lien against your property, certain claimants such as subcontractors or material suppliers are each required to provide you with a document called a “Preliminary Notice.” Contractors and laborers who contract with owners directly do not have to provide such notice since you are aware of their existence as an owner. A preliminary notice is not a lien against your property. Its purpose is to notify you of persons or entities that may have a right to file a lien against your property if they are not paid. In order to perfect their lien rights, a contractor, subcontractor, supplier, or laborer must file a mechanics’ lien with the county recorder which then becomes a recorded lien against your property. Generally, the maximum time allowed for filing a mechanics’ lien against your property is 90 days after substantial completion of your project.
TO INSURE EXTRA PROTECTION FOR YOURSELF AND YOUR PROPERTY, YOU MAY WISH TO TAKE ONE
OR MORE OF THE FOLLOWING STEPS:
(1) Require that your contractor supply you with a payment and performance bond (not a license bond), which provides that the bonding company will either complete the project or pay damages up to the amount of the bond. This payment and performance bond as well as a copy of the construction contract should be filed with the county recorder for your further protection. The payment and performance bond
will usually cost from 1 to 5 percent of the contract amount depending on the contractor’s bonding ability. If a contractor cannot obtain such bonding, it may indicate his or her financial incapacity. (2) Require that payments be made directly to subcontractors and material suppliers through a joint control. Funding services may be available, for a fee, in your area which will establish voucher or other means of payment to your contractor. These services may also provide you with lien waivers and other forms of protection. Any joint control agreement should include the addendum approved by the registrar. (3) Issue joint checks for payment, made out to both your contractor and subcontractors or material suppliers involved in the project. The joint checks should be made payable to the persons or entities which send preliminary notices to you. Those persons or entities have indicated that they may have lien rights on your property, therefore you need to protect yourself. This will help to insure that all persons due payment are actually paid. (4) Upon making payment on any completed phase of the project, and before making any further payments, require your contractor to provide you with unconditional “Waiver and Release” forms signed by each material supplier, subcontractor, and laborer involved in that portion of the work for which payment was made. The statutory lien releases are set forth in exact language in Section 3262 of the Civil Code. Most stationery stores will sell the “Waiver and Release” forms if your contractor does not have them. The material suppliers, subcontractors, and laborers that you obtain releases from are those persons or entities who have filed preliminary notices with you. If you are not certain of the material suppliers, subcontractors, and laborers working on your project, you may obtain a list from your contractor. On projects involving improvements to a single-family residence or a duplex owned by individuals, the persons signing these releases lose the right to file a Mechanic’s lien claim against your property. In other types of construction, this protection may still be important, but may not be as complete. To protect yourself under this option, you must be certain that all material suppliers, subcontractors, and laborers have signed the “Waiver and Release” form. If a mechanics’ lien has been filed against your property, it can only be voluntarily released by a recorded “Release of Mechanics’ Lien ” signed by the person or entity that filed the mechanics’ lien against your property unless the lawsuit to enforce the lien was not timely filed. You should not make any final payments until any and all such liens are removed. You should consult an attorney if a lien is filed against your property.