Terms and Conditions

ADDITIONAL TERMS, CONDITIONS, PROCEDURES & NOTIFICATIONS

1. Cole Plumbing Incorporated is also known as the Firm.
2. All proposed services may not be the only options available to the client and proposal amounts are good at the time of this visit only and subject to change without notice.
3. Proposal prices contained herein are limited contract prices [also known as LCP], and are above and beyond any other charges.
4. Service Call Fees, &/or proposal items and amounts requested are individual and will be charged separately. This agreement constitutes a single contract and shall not be considered as part of any other contract unless specifically stated.
5. Other work may be required in order to complete and/or in conjunction with the completion of the described work and/or service, and, is therefore authorized at additional charge. If for any reason the person authorizing the work and/or service does not wish to go any further, see # 8.
6. The Firm is not responsible for broken pipes, fittings, fixtures, or anything broken due to circumstances beyond our control, or, due to conventional repair efforts. In the instance of snaking equipment becoming stuck in piping, fixtures, etc., the client accepts all responsibility and costs due to this occurrence.
7. Equipment rental and/or subcontractors will be charged to the client additionally.
8. Payments are to be made by Cash, Visa, MasterCard, Discover or American Express ONLY, to the Firm’s representative at the signing and/or initialing of this agreement, or immediately upon completion of work. The Firm reserves the right to choose the time and method of payment. If for any reason work is not completed, payment for any service and/or materials, and/or tax already expended, and/or LCP agreed to is due immediately. Any subsequent work will then be charged additionally. Should the Firm’s representative be delayed in waiting for payment, the client will be charged an additional charge for the delay. As a courtesy, the Firm may choose to accept a check in payment. This clause notifies check writers that they will minimally be charged $40.00 or more for returned checks.
9. Signing of this agreement waives the purchaser’s rights to any and all provisions, articles, subdivisions, paragraphs etc. as found in any Federal, State, Local or, municipal law pertaining to, but not limited to, such items as time schedule, contract waiting periods and escrow accounts.
10. AII labor and material is conclusively accepted as satisfactory unless exception is presented to the Firm in writing within 7 days of performance.
11. Any claim for property damage is conclusively waived unless presented to the Firm in writing within 7 days of the occurrence. The liability of the Firm for malfeasance or nonperformance is limited to the amounts due hereunder.
12. AII work to be completed within 30 days unless otherwise noted.
13. The Firm’s regular business hours are to be Monday to Friday 8:00 AM to 5:00 PM excluding holidays and vacations. Special business [after] hours are any hours other than regular business hours and are available for emergencies only. Special business hour prices charged are higher than regular business hour prices charged and may include surcharges.
14. Material is not always available. Therefore the customer is responsible for any and all charges agreed to regarding this invoice immediately, even if the job cannot be completed due to material which is not available to the Firm.
15. Material supplied by the client is not warranted / guaranteed in any way by the Firm. If for any reason owner supplied materials are defective, the agreed price for installation is due immediately, and, any other work/service will be charged to the owner additionally and payable immediately.
16. Severability. If any clause, sentence, paragraph, subdivision, or part of this contract/invoice or the application thereof to any person, firm or corporation, or circumstance shall be adjudged by any court of competent jurisdiction to be invalid or unconstitutional, such judgment shall not effect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, or part of this contract/invoice or in its application to the person, firm or corporation, or circumstance, directly involved in the controversy in which such judgment shall be rendered.
17. The client is aware, agrees to, and also accepts the following common consumer notifications, and, holds the Firm, its heirs and assigns harmless regarding same:

• Faucet repairs and attempts to repair are not guaranteed and/or warranted in any way by the Firm.
• Attempts to clear a sewer or drain clog are attempts only, and not guaranteed and/or warranted in any way by the Firm, including clearing of the blockage. In the instance of snaking equipment becoming stuck in piping, fixtures, etc., or piping, fixtures etc. becoming damaged or destroyed as a result of conventional repair efforts, the client accepts all responsibility and costs due to this occurrence.
• Tile patch repairs and fixture replacements may not match existing tile and fixtures.
• When service is performed on a domestic water heating system, water pressure regulators, relief valves, and other appurtenances may be found to not function properly. Costs of repairs and replacements of these items are the responsibility of the client.
• If the Firm, in its opinion, discovers that the client’s equipment is installed in an improper, unsafe, and/or unserviceable fashion, and, the client does not wish to correct the situation at the client’s expense, the client is still liable for any charges the client agreed to for any service the Firm has performed.
• Vapors from flammable liquids will explode and can ignite causing death and severe burns. Do not store flammable products such as, but not limited to, gasoline, solvents or adhesives in the same room or area near the water heater, boiler or other flame producing equipment. Keep flammable products far away from heaters, boilers, flame producing equipment, in approved containers, tightly closed, out of children’s reach. Gas water heaters, boilers and furnaces have a main burner and a pilot flame or pilot control device. Pilot flames are on all the time or intermittently when an intermittent pilot control device is utilized. Both will ignite flammable vapors. Vapors cannot be seen, are heavier than air, go a long way on the floor, can be carried from other rooms to the pilot flame, pilot control device or main burner by air currents. Gasoline and other flammable liquids give off invisible vapors that travel in the air, and, can be easily ignited. Gasoline should be stored away from ignition sources, outside in a detached garage or shed. Store gasoline in properly sealed approved containers. Containers should always be sealed when not in use. Never use gasoline indoors. It is a motor fuel only and should never be used as a solvent or cleaning agent. Keep children away from gasoline at all times. It should always be stored out of their reach, preferably in a locked cabinet.
• All water heaters will eventually leak and may cause damage. The client accepts full responsibility for having or not having drainage provisions installed where water may cause damage. Water temperatures above 125 degrees F can cause severe burns instantly or death from scalds. Children, disabled and elderly are at high risk of being scalded. Instruction manuals should be read before setting temperature at water heater.Water should be tested before bathing or showering. Temperature limiting valves are available and the responsibility of having or not having them installed is solely the customer’s. Water over 125 degrees F can cause severe burns in seconds. Your water heater thermostat should be set to deliver between 120 and 125 degrees F. This setting means you may need a larger water heater. Consumers should consider pressure-balancing, thermostatic combination faucets that help limit water temperature in the bath and shower. Users should never leave a child alone or with other children at bath time, even for a few seconds. When filling a bathtub or starting a shower, users should turn cold water on first, then add hot water until a comfortable temperature is reached. Users should always feel the water temperature throughout the tub before bathing yourself, a child or anyone else. THE FIRM WILL NOT SET THE TEMPERATURE OF HOT WATER AT THE WATER HEATER ABOVE 120 DEGREES F.
• Water heater temperature & pressure relief valves and safety valves on heating equipment MUST be operated AT LEAST ONCE A YEAR to assure waterway is clear. Certain natural occurring mineral deposits may adhere to the valve, blocking waterways, rendering the valve inoperative. When the lever is operated, hot water will discharge if the waterways are clear. PRECAUTIONS MUST BE TAKEN TO AVOID PERSONAL INJURY FROM CONTACT WITH HOT WATER AND TO AVOID PROPERTY DAMAGE. These valves should be inspected AT LEAST ONCE EVERY THREE YEARS OR SOONER and replaced if necessary by QUALIFIED PERSONS ONLY.