Plumbing Excellence Terms & Conditions
Terms & Conditions 1. DEFINITIONS. “You” includes each owner of the property. “Servicer” refers to Plumbing Excellence, LLC, an Ohio limited liability company. “Services” refer to the work to be performed stated in the Service Order. 2. BID. A bid is an offer to perform services and provide materials as defined in the scope of Services for a specified price or based on a formula such as a time and materials basis. 3. ESTIMATE. An estimate provides Servicer’s estimation of the cost of a project. It is not a fixed price. Estimates are given when the nature or scope of work may be uncertain, due to concealed conditions, difficulty in assessing problems that may be encountered, or difficulty in determining the means or methods of best accomplishing the Services. If it appears that the Price of the Services is likely to substantially exceed the amount of the estimate, Servicer will make reasonable efforts to notify You. 4. TERMINATION BY YOU. If You request that Servicer ceases work at any time, You shall nonetheless remain obligated to pay for all labor and materials supplied by Servicer. 5. SERVICE ORDER. The Service Order will detail the Services to be performed as well as the Price. No agreement, whether it is designated as a bid, an estimate, or otherwise, shall become a contract binding upon the Parties until it is signed by both You and by an authorized agent of Servicer. 6. CHANGE ORDERS. If either Party wishes to change the scope or performance of the Services, it shall submit details of the requested change to the other Party in writing. Servicer shall, within a reasonable time after such request, provide a written estimate to You of: a) the likely time required to implement the change; b) any necessary variations to the fees and other charges for the Services arising from the change; c) the likely effect of the change on the Services; and d) any other impact the change might have on the performance of the Service Order. Promptly after receipt of the written estimate, the Parties shall negotiate and agree in writing on the terms of such change (a "Change Order"). Neither Party shall be bound by any Change Order unless mutually agreed upon in writing. 7. EXTRA WORK REQUIRED BY A PUBLIC AUTHORITY. In the event that the applicable public authority or other government agency subsequently requires modifications or additional labor or materials which were not included in the Service Order, then the Price shall be adjusted and billed on a time and materials basis. Servicer is not responsible for any special inspections, analysis or reports which are not ordinarily provided by a building inspector. 8. PRICE. The price for labor and materials shall be reflected in the Service Order. The Price may or may not break down by Time and Material charges. 9. PAYMENT. A down payment of 50% percent of the total price of the Service Order shall be paid promptly after signing this Agreement and Service Order. Servicer is not obligated to commence Services until this Agreement and Service Order are fully signed and the down payment has been received. Servicer may cease work immediately if any down payment or progress payment is not made as agreed. Payment is not made until funds clear the bank. 10. INSURANCE. If the balance is expected to be paid by insurance proceeds on an acknowledged claim, Servicer requires that the balance be paid in full on completion of project. If the balance due is not paid by insurance proceeds within ten days of completion, then the account will be deemed to be in default, retroactive to the date of completion. You shall do all things reasonably necessary to ensure that Servicer receives the insurance proceeds, including but not limited to directing that checks be made payable to Servicer, or immediately indorsing and delivering to Servicer insurance checks for proceeds related to the Services. If You receive insurance proceeds intended to pay any part of the Price, then You must hold them in trust for Servicer’s benefit. Failure to properly disburse insurance proceeds to Servicer may cause You to be liable for actual or treble damages and attorney fees under the laws of the State of Ohio as applicable to owners. You hereby authorize Servicer to communicate with Your insurance carrier and meet with their representatives and discuss all matters related to the insurance coverage and the scope of services, and You authorize Your insurance company to release to Servicer all information and documents concerning Your property, policy, and insurance claim. 11. CANCELLATION. Servicer reserves the right to charge a cancellation fee up to 10% percent of the Price to cover administration and handling fees. 12. WARRANTIES. Servicer warrants that all materials provided by Servicer shall be as specified and free of defects, and all work shall be completed in a substantially workmanlike manner. THIS WARRANTY EXPIRES 90 DAYS AFTER COMPLETION UNLESS OTHERWISE STATED ON ESTIMATE OR INVOICE (DEPENDING ON SCOPE AND TRADE OF WORK), AND IS IN PLACE OF, AND NOT IN ADDITION TO, ANY OTHER EXPRESS OR IMPLIED WARRANTIES OF QUALITY, OR FITNESS FOR HABITATION OR ANY PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES ARE HEREBY DISCLAIMED. This warranty shall be void if You (1) fail to pay the full Price; or (2) fail to provide prompt notice of a warranty claim (within thirty days, or in case of an emergency as soon as possible) and a reasonable opportunity to correct the problem; or (3) You permit any person or firm other than Servicer to complete, correct, perform or redo any work identified within the original scope of the work of the Service Order. No warranty is given as to the results of drain cleaning or the quality or suitability of parts or plans or specifications which Servicer did not supply. 13. CORRECTION OR COMPLETION OF WORK. Servicer shall have the right to perform all corrective work identified by You. If You contract with an alternative contractor to perform the work, without first affording Servicer the above-described opportunity to do so, or if You commence to use or occupy the space in which Servicer performed the work, You agree to accept all work and materials “AS IS” and thereby waive any and all claims, of whatever nature, against Servicer for any defects in performance, including labor, material, and warranty claims of any kind. 14. RESPONSIBILITY FOR PREMISES. At the completion of the project, Servicer will remove all waste materials and rubbish from the site, together with tools, construction equipment, machinery and surplus materials. You warrant that: all site conditions are known and disclosed; any plans supplied by You are adequate for intended purposes; and the provided address and legal description are correct and adequate for all purposes, including mechanic’s liens; You shall carry hazard insurance or bear the loss occasioned by hazard; and You shall not post any notice of nonliability. You shall determine and warrant to Servicer the location of all property lines, underground restrictions or underground utilities, easements or rights of way, pipes, power lines, septic tanks, utility lines or drain fields, and shall indemnify Servicer and hold Servicer harmless from any loss or liability, including attorney fees and costs, resulting from any suits, claims, disputes, losses or problems related to the above. You shall assume complete responsibility for the protection of all landscaping, trees, shrubs, and bedding plants which You wish to preserve, as they may become damaged during the Services. Servicer is not responsible for any drywall, fixtures, structural, or other damage that may occur or be necessary in order to complete the scope of work or any other damage that may occur as a result of the original plumbing, sewer or HVAC system, or other problems related to the premises. Servicer shall not be obligated to correct or repair pre-existing structural deficiencies or problems resulting from such conditions, or the work of others. 15. DEFAULT AND REMEDIES. In the event of a default in payment, Servicer may in addition to ceasing work, recover all of the Price which may then be due, together with any lost profit remaining in the Service Order. Interest shall accrue from the date of completion, upon any balance which remains unpaid, whether the balance is liquidated or unliquidated. Interest shall accrue at the rate of 1.5% per month compounded monthly, or the legally maximum rate of interest, whichever is less. In addition, a late fee of $10.00 per month may be assessed, and a $50.00 returned check fee may be assessed for any dishonored checks. Reasonable attorney fees and costs of collection shall be added to the balance due and shall be included in any award or judgment for non-payment. 16. CONFIDENTIALITY. All aspects of any dispute including facts or opinions related to the dispute, and related communications, shall be strictly confidential. No Party shall disparage the other or publish or circulate or disseminate, verbally or in writing, any negative information about the other, in any public media, social media, emails, news reporting, or other forums whatsoever. No other report shall be made to any person or company. Disclosure of confidential information may be made as reasonably necessary to (a) to attorneys, tax and financial advisors, or (b) to others if so required by lawful subpoena or court order and the adverse Party is given ten (10) days’ advance notice of such disclosure and an opportunity to object to same. The effect of circulating disparaging information being difficult to estimate in advance, the Parties reasonably estimate in advance that breach of confidentiality involving disparagement of Servicer, or it’s agents, will cause approximately $1,000.00 per violation, for which damages awards may be issued. 17. MECHANIC’S LIENS. Pursuant to Ohio Revised Code Chapter 1311 et seq. and this Agreement, Servicer has a right to claim and enforce a lien on Your property for any unpaid balance on Your account, including interest and reasonable attorney fees and costs of collection. 18. SAFETY. You must exercise special care for the safety of Yourself and others. You shall not allow anyone to go into or remain in any work area while any dangerous conditions are present; or disregard safety barriers, rules or warnings. You waive, and release Servicer from, any liability for injury or property loss caused by Your negligence, and shall indemnify Servicer and hold Servicer harmless from any loss or liability, including attorney fees and costs, resulting from any suits, claims, disputes, losses or problems related to the above. 19. WEATHER AND OTHER RISKS. Servicer shall not be held responsible for any problems caused by weather, or acts of God, war, labor strikes, unavailability of materials, mold, or fires, or other hazards (including personal injuries to third parties) typically covered by homeowner’s or builder’s risk insurance. Servicer shall not be responsible for incidental, indirect or special or consequential damages, including but not limited to personal injury to any person as a result of our performance, nonperformance or termination of the Service Order, whatever the cause, nor for any reason in an amount in excess of the amount paid to us. 20. RESTOCKING FEES. If Servicer is charged a restocking fee for the return of Materials purchased for Services, You will pay for any and all fees.