A. The term "CONTRACTOR" herein refers to EXTREME PLUMBING & ROOTER and its associates.
B. The term "CUSTOMER" herein refers to person/agent whom the CONTRACTOR is rendering its services.
. 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. 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,
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
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
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
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
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
SEND ALL CORRESPONDENCE TO EXTREME PLUMBING & ROOTER AT:
P.O. BOX 14641 - Van Nuys, CA 91409