I certify that I am the owner and/or authorized agent for the aforementioned job address. I agree to the Firm’s procedures, terms, conditions, notifications and prices on both sides of this form, and on any addendum regarding this contract/invoice which is signed and/or initiated by me; and, that I have read, understood, and consider all the Firm’s procedures, terms, conditions, notifications and prices to be reasonable and accepted. Furthermore, being aware that other contractors may charge me less, and, that contractors’ cost differ and therefore their prices to me will differ, I am willing to pay a premium to have this Firm provide service for me, and, I will not contest that to which I have agreed. I am also aware that all services and/or work to which I have agreed is quoted on a contract basis only and not a time and material basis. I further agree:
To the minimum cost to me of the Service Call Charge entered herein, which only covers the cost of the technician arriving at my location;
That upon arrival at my location, the technician will discuss my requests and, if the Firm can assist me, verbally quote to me the price of any diagnosis, service, repair, replacement, installation, alteration or consultation prior to rendering service;
That the Firm reserves the right to refuse to service any system, in part or totality, which the Firm considers to not be installed safely, properly &/or in a serviceable fashion.
That if for any reason, no service is performed, including the Firm’s refusal to render service, I will be responsible to pay the agreed Service Call Charge;
That I will make payment to the technician for any agreed charges, fees and/or amounts, at the initial service call visit, by Cash, Visa, MasterCard, Discover, or American Express as per the Firm’s procedures, prices, notifications, terms and conditions contained herein and to which I have agreed including the obligations set forth in the card member’s agreement with my credit card issuer;
That I have chosen Cole Plumbing Incorporated to provide service for me, and, I am under no duress in choosing this Firm;
To hereby authorize the service/work, Service Call Charge, and Agreed Prices described below for each service initialed by me;
That other services and/or work which I request after the initial signing of this contract will have the same force and authorization as the other parts of this contract and will be evidenced by my initials;
That being now forewarned that plumbing and electrical fixtures, piping, wiring, chimney and appurtenances may no longer be serviceable, and understanding certain types of services such as, but not limited to, faucet repairs, sewer and drain cleaning, diagnostic analysis, etc. are not warranted and/or guaranteed in any way, I agree to hold Cole Plumbing Incorporated, its heirs and assigns blameless for any damage or destruction to the aforementioned items as a result of conventional repair efforts; and further agree to hold The Firm, its heirs and assigns blameless with regards to services which are not warranted or guaranteed in any way.
Interest at 1.5% per month (18% annually) or whatever the legal maximum rate of interest is, will be charged on accounts over 30 days from the date of this invoice.
If this account is placed in the hands of an attorney and /or agency for collection, the undersigned shall pay, in addition to all unpaid principal and interest, an amount equal to all and any fees that the Firm may incur in the collection of unpaid principles and interest.
ADDITIONAL TERMS, CONDITIONS, PROCEDURES & NOTIFICATIONS
Cole Plumbing Incorporated is also known as the Firm.
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.
Proposal prices contained herein are limited contract prices [also known as LCP], and are above and beyond any other charges.
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.
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.
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.
Equipment rental and/or subcontractors will be charged to the client additionally.
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.
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.
AII labor and material is conclusively accepted as satisfactory unless exception is presented to the Firm in writing within 7 days of performance.
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.
AII work to be completed within 30 days unless otherwise noted.
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.
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.
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.
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.
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.
2 YEAR RESIDENTIAL LIMITED EXTENDED LABOR WARRANTY TERMS & CONDITIONS
1) This warranty is LIMITED and NOT all inclusive. For a term of two (2) years from the date of this invoice, if the warranty item meeting all the following requirements and all the terms and conditions of this limited warranty fails during the term of this warranty, the Firm will supply the labor to repair or replace, at the Firm’s discretion, the warranty item. Warranty can ONLY be applied to replacement items [not repairs to replacement type items] which meet all the terms & conditions of this warranty and A) have been supplied and installed for residential use only by the Firm as per this invoice; and B) are listed on the front of this invoice; and C) are listed on the Warranty Item List contained herein; and D) have not been serviced and/or tampered with by anyone other than the Firm; and E) have not been subjected to unfavorable conditions such as, but not limited to, abuse, freezing, worn finishes, water conditions, insufficient or excessive water pressures, acts of nature, etc.; and F) the Firm is actively engaged in business.
WARRANTY ITEM LIST:
Domestic Water Heater
Faucets for Sinks, Lavatories, Tubs/Showers
Traps & Tailpieces for Sinks & Lavatories
NOTE: Domestic water heater must be checked by the Firm annually during the term of this warranty. It is the responsibility of the client to schedule and pay for domestic water heater checkups. Failure to have the Firm check domestic water heater annually during the term of this warranty will render this warranty null, void, and of no effect.
2) Labor cannot be performed by anyone or any company other than the Firm. The Firm, and this warranty, accepts no liability for work performed by others.
3) Warranty does not cover that to which the warranty item has been connected.
4) Warranty does not cover any material including the warranty item. Warranty item cost, if not covered by the manufacturer, and the cost of all other material is the responsibility of the client who must pay the Firm for the material at the Firm’s full retail price.
5) Warranty is null, void and of no effect if all terms and conditions are not met.
6) Any claims regarding this warranty must be accompanied by this document.
7) Warranty is limited to aforementioned warranty items listed and in no way covers any damage caused by the item.
8) Warranty work will only be performed by the Firm, at the Firm’s convenience, during the Firm’s regular business hours as described in this document.
9) The Firm does not authorize any person or representative to make any commitment, or to assume for the Firm any liability other than those contained herein. The Firm has no liability hereunder, either direct or contingent for incidental or consequential damages.
10) Warranty does not cover any incidental work such as, but not limited to, opening or closing of walls, floors, ceilings, etc. necessary to repair or replace warranty item.
11) Frivolous, nuisance and unnecessary calls, and calls for items not listed will be charged to, and paid for, by the client.
12) Additional terms and conditions may be added by the Firm.