Brown & Sons Plumbing Contract
Terms & Conditions
1. RESPONSIBILITIES AND REPRESENTATION OF CUSTOMER – Customer agrees to indemnify and hold Brown and Sons Plumbing & A/C. LLC. (“Company”) harmless for any and all damages, costs and expenses resulting from the discover of any of the following defective conditions: • Leaky or defective drain traps• Hidden or unknown lead piping• Improper or faulty plumbing• Rusted or defective pipes• Drain leaks or restrictions due to foreign material in drain lines• Cleaning Chemicals such as lye, sulfuric acid, etc.• Lines which are settled broken, or deteriorated, or damaged,unidentified or unknown location• Existing illegal conditions• Defective or damaged roofing • Leaky, blocked or defective condensate pipes•Drain stoppage• Low voltage conditions• Lighting• Failure of a utility service • Electrical abnormalities• Freezing• ElectrolysisCustomer shall indicate all property lines and Customer authorizes access through other properties for Company’s use during work where access is required.Customer is required to obtain permission and therefore agrees to be responsible for and to hold Company harmless from any risks therefore. Customer shall secure work site and prevent entry thereon by children and animals or other unauthorized persons. Customer is required at his own expense to do all work and other acts to meet all conditions necessary to allow Company to complete the work as provided in the Agreement. Customer will carry fire, extended coverage and other necessary insurance.
2. RESPONSIBILITIES OF COMPANY – Company shall do all work in good workmanlike manner, however, this responsibility shall not create any obligations which would expand the Company’s obligation under the limited warranty. Scope of work shall be defined by contract. All additional work, known or unknown will be separate. Company is not responsible for any existing illegal conditions or damage or loss resulting from failure to discover condition requiring repair or replacement. Company is not responsible for lost profits or other consequential damages, even if the service company has been advised of the possibility of such damages. Company is not responsible for damage or loss resulting from the improper operation or misuse of equipment by customer, customer’s employees, agents or tenants.
3. LIMITED WARRANTY Company warrants its work to be free from defects in material and workmanship for the warranty period set forth on the face thereof. All warranties are void if payment is not made when due. Warranties here under extend only to Customer and are not transferable. If a defect in material or workmanship covered by this warranty occurs, Company will with reasonable promptness during normal working hours remedy the defect. In no event shall Company be held liable for water or other damages caused by any delay in remedying a defect. To obtain warranty performance, notify Company of any defect or claims for breach at the address and telephone number on the face hereof. The failure to notify Company within 48 hours of the discovery of any defect or workmanship problems shall void the warranty. Also payments not made on time . Clearly has no warranty and no recourse. And company reserves the right to remove all of Companies parts and equipment. And not liable any damage occurs doing so .Customers shall notify Company in writing within 30 days of the appearance of mold, fungi, or mold related matter that might be related to work performed by the Company. If written notification is not received by Company within this 30 day requirement, Customer shall have no recourse against company for any damages or injury related to the mold. Further, Customer shall hold harmless and indemnify Company for any claim arising, or resulting from mold, fungi, or related matter. EXCLUSIONS AND LIMITATIONS: CUSTOMER’S RIGHT TO REPAIR AND REPLACEMENT ARE THE EXCLUSIVE REMEDIES AND COMPANY SHALL NOT BE RESPONSIBLE FOR THE INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE WORKMANSHIP OR MATERIALS PROVIDED FOR THIS AGREEMENT. Company is not responsible for the following, which are excluded from the coverage of the limited warranty:• Defective conditions listed under the above “Responsibilities and Representations of Customers”.• Work performed by or materials installed by others not in the Agreement• Defects and failures from mistreatment or neglect.• Defects and failures from intervening causes including, but not limited to fences, covers, and planting restricting air flow to installed equipment or improvements.THIS LIMITED WARRANTY IS THE ONLY EXPRESS WARRANTY COMPANY GIVES IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED TO A DURATION OF 60 DAYS FROM THE DATE OF COMPLETION.
4. PROTECTION OF CUSTOMER PROPERTY – Customer agrees to remove or protect any personal property inside and outside including, but not limited to all types of flooring, shrubs, furnishing, paintings, antiques and plantings, and Company shall not be held liable for said items. Nor shall company be held responsible for the natural consequences of Company’s work which may cause damage to improvements to real property including, but not limited to curbs, sidewalks, property, caused by persons delivering materials or equipment or keeping gates and doors closed for children and animals.
5. MEDIATION – Any controversy, claims, or disputes, in excess of $10,000 unless a lesser amount is otherwise mutually agreed upon by the parties shall be submitted to mediation prior to submission to a court in equity or law. Collection matters shall not be subject to medication before other recourse it taken. Each party shall be responsible for their own fees, cost and expenses, including attorney’s fees and shall be responsible for one half (1⁄2) of the cost of the mediator.
6. ATTORNEY FEES – If an action other than mediation at law or in equity, including action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, including the collection of any unpaid balance, the prevailing party shall be entitled to reasonable attorney’s fees in addition to any other relief with the prevailing party may be entitled.