Terms And Conditions
GENERAL TERMS AND CONDITIONS SUMMARY
These are general Terms and Conditions surrounding our services, depending on circumstances, there may be additional situations that require us to modify these Terms and Conditions.. These Terms and Conditions may change from time to time without notice. We strongly advice you to familiarize yourself with these Terms and Conditions before you contract our services.
SITE CONDITIONS
If Floend Plumbing Solutions must obtain access to other properties in the course of work, Floend Plumbing Solutions shall secure permission for such and hold harmless and indemnify Floend Plumbing Solutions 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.
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 Floend Plumbing Solutions, its employees and agents against all claims arising out of CUSTOMER’S failure to do so.
LIMITED WARRANTY
Floend Plumbing Solutions warrants its materials and workmanship to be free from defects for one year after performance unless otherwise specified in writing. The 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 cleaning or refrigerant leaks. In the event that a manufacturer offers a warranty, said warranty shall negate and supersede Floend Plumbing Solutions warranty. This warranty is the only warranty by Floend Plumbing Solutions to CUSTOMER, and is in lieu of all other warranties, expressed or implied.
CUSTOMER shall telephone Floend Plumbing Solutions within twenty four hours (24) of discovery of any warranty claim. Floend Plumbing Solutions will respond with reasonable promptness between the hours of 8:30 a.m. to 4:30 p.m. (Pacific Time) Monday through Friday, excluding holidays.
Floend Plumbing Solutions shall not be liable for water or other damage relating from any defect or delay in responding to said warranty. CUSTOMER must take reasonable steps to mitigate damages.
Floend Plumbing Solutions 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.
UNFORESEEN CONDITIONS
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 Floend Plumbing Solutions and further agrees to pay for any labor or materials, including repair to damaged equipment of Floend Plumbing Solutions and other plumbing caused by such conditions and/or circumstances.
It is the intent of this provision to make CUSTOMER responsible
(1) for all unforeseen and concealed conditions; and
(2) for that which Floend Plumbing Solutions cannot control. Accordingly, CUSTOMER further agrees to hold Floend Plumbing Solutions harmless and shall indemnify and defend Floend Plumbing Solutions and all its agents and employees from and against all claims, damages, losses and expenses, including, but not limited to, attorney’s fees, consequential damages, arising out of or as a result from the performance of Floend Plumbing Solutions work involving, affecting, or relating to such unforeseen or concealed conditions, regardless of whether such damages are caused in part by Floend Plumbing Solutions.
Asbestos or other Hazardous Materials Remediation Work – Floend Plumbing Solutions 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. Floend Plumbing Solutions does not perform asbestos or other hazardous materials or substance removal and Floend Plumbing Solutions shall have no responsibility whatsoever and CUSTOMER expressly releases Floend Plumbing Solutions 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 Floend Plumbing Solutions 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 Floend Plumbing Solutions 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.
If for any reason, a maintenance visit is not performed either because of the Floend Plumbing Solutions or because of the maintenance agreement CUSTOMER, the monetary value does not exceed the cost of the maintenance agreement.
RECOMMENDATION NOT PERFORMED
If suggested options are not chosen by the CUSTOMER and a failure is experienced, Floend Plumbing Solutions is held harmless.
STOPPAGES
Floend Plumbing Solutions will not clean any drain line or sewer lines through a roof vent.
Any drain cleaning cable which becomes stuck in the line is the responsibility of the CUSTOMER for removal and/or additional repairs. If a sewage spill occurs, including one deemed hazardous material, the cost of clean up is the responsibility of the CUSTOMER.
LICENSE, PERMITS, FEES
CUSTOMER shall furnish and pay for, at CUSTOMER’S own expense, all taxes, permits, and license fees required to legally perform the repair work in accordance with this Agreement. Access to the property for an agent of the administration authority must be provided within a reasonable time. Should reasonable access not be provided, it may result in additional charges to the CUSTOMER.
If at any time the administrative authority asks for additional work not related to our original contract, that work is the responsibility of the CUSTOMER. Floend Plumbing Solutions will provide an additional UP FRONT PRICE for that work.
All notices related to work performed by Floend Plumbing Solutions which are sent to the property owner must be forwarded to the Floend Plumbing Solutions and a reasonable amount of time allowed for the process.
PARKING OUR VEHICLES
For safety reasons, available parking for vehicles must be less than 100 feet from your entry door. We do not park or leave our vehicles in red zones, centers of streets, double parking, underground parking, parking lots or any other area where our vehicles will not be legally or safely parked.
PAYMENT
All work done on a fixed UP FRONT PRICE. The price includes Materials, Tax and Labor. NO BREAKDOWN WILL BE PROVIDED! Payment for the work described in the Agreement shall be immediately due upon completion of the work.
No deduction shall be made from payments due Floend Plumbing Solutions on account of penalty, liquidated damages, back charges for alleged defective work, or other sums withheld from payments to other CONTRACTOR’S or on account of the cost of changes or defects in the work. Furthermore CUSTOMER agrees and recognizes that payment for services rendered by Floend Plumbing Solutions when due is an express condition precedent to Floend Plumbing Solutions continuing work as herein described in this Agreement. CUSTOMER recognizes that the failure to pay for services when due shall entitle Floend Plumbing Solutions to terminate work immediately. In the event that Floend Plumbing Solutions terminates work for non-payment as herein described, Floend Plumbing Solutions 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.
RIGHT TO TERMINATE IN EVENT OF DISPUTE
In the event of a dispute between Floend Plumbing Solutions and CUSTOMER, Floend Plumbing Solutions and CUSTOMER agree that the Floend Plumbing Solutions may immediately terminate the work described herein. In the event of such termination, Floend Plumbing Solutions shall be entitled to payment for all services rendered including cost of all labor, materials, reasonable profit and overhead. In the event of cancellation by CUSTOMER after contract has been signed, Floend Plumbing Solutions is entitled to a minimum fee of 10% or $1000, whichever is less. In the event of cancellation by CUSTOMER after work has commenced, Floend Plumbing Solutions is entitled to 10% or payment for work performed, whichever is more.
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 Floend Plumbing Solutions within forty eight (48) hours of completion of the work described hereunder of all defective work, if any. CUSTOMER agrees that upon discovery of any allegedly defective work, CUSTOMER shall immediately call Floend Plumbing Solutions who shall have the first opportunity to repair the alleged defective work. The failure to allow Floend Plumbing Solutions the first opportunity to repair the alleged 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. Floend Plumbing Solutions is not responsible for reimbursement for work performed by any other company or individual.
SERVICES NOT COVERED
Floend Plumbing Solutions will not perform any other work or trade other than that which is specified herein, including, but not limited to, carpentry, plaster/wall work, tile work, landscaping, masonry, flooring, roofing, paving, etc., unless otherwise stated; paint, plaster, stucco, and landscaping are not included in the up front price and are the responsibility of CUSTOMER.