Terms and conditions
- RESPONSIBILITIES AND REPRESENTATIONS OF CUSTOMER
Customer represents that all water and waste disposal systems are in good repair and condition and agrees to hold Black Mountain Plumbing ("Company") harmless for the discovery of any of the following defective conditions:
- Leaky or defective traps.
- Hidden or unknown lead piping.
- Improper or faulty plumbing.
- Rusted or defective pipes.
- Corrosion or unusual restrictions due to minerals or hard water buildup.
- Cleaning chemicals such as Iye, sulfuric acid, etc.
- Lines which are settled, broken, deteriorated or damaged.
- Existing illegal conditions.
- Defective roofing.
Customer shall secure work site and prevent entry thereon by children and animals.
Customer is required at his expense to do all work and other acts to meet all conditions necessary to allow Company to complete the work as provided in this Agreement.
- RESPONSIBILITIES OF COMPANY - CONDITIONS AND LIMITATONS - Company shall do all work in a good and workmanlike manner, however this responsibility shall not create any obligations which would expand Company's obligations under the limited warranty.
Company is not responsible for any existing illegal conditions.
Company is not responsible for any damage caused by the removal of the clean-out cap or drain cover. If, in the opinion of Company, a clean-out cap, drain cover or housing is so rusted, broken or fastened as to require its replacement after removal, Company shall notify Customer. If Customer authorizes replacement thereof, it shall be made at an additional charge. If customer refuses to authorize replacement, Company shall not be responsible for damages thereafter resulting from sewer, gas, back ups or other leaks through such cap, cover, housing or opening caused by rain or other causes. Company is not responsible for toilets damaged during cleaning unless so indicated on face thereof.
- LIMITED WARRANTY - Company warrants its work to be free from defects in material and workmanship for the warranty period set forth on the face hereof. AII warranties are void if payment is not made when due.
Warranties hereunder extend only to Customer and are not transferable.
If a defect in materials 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 damage caused by any delay in remedying a defect.
EXCLUSIONS AND LlMITATIONS: CUSTOMER'S RIGHT TO REPAIR AND REPLACEMENT ARE THE EXCLUSIVE REMEDIES AND COMPANY SHALL NOT BE LlABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE MATERIALS PROVIDED FOR IN THIS AGREEMENT.
Company is not responsible for the following which are excluded from the coverage of this limited warranty.
- Commercial or industrial waste lines unless so indicated on the face hereof.
- Defective conditions listed under the above "Responsibilities and Representations of Customer."
- Work performed by or materials installed by others not in this Agreement.
- Defects and failures from mistreatment or neglect.
- Defects and failures from intervening causes including, but not limited to, improvement causing heavy weight upon sewer lines and plantings growing into sewer lines.
- Removal of excess root penetrations which cannot be removed by typical sewer cleaning equipment, but require special heavy equipment.
THIS LlMITED WARRANTY IS THE ONLY EXPRESS WARRANTY COMPANY GIVES. IMPL lED WARRANTIES INCLUDING BUT NOT LlMITED TO, WARRANTIES OF MERCHANTABILlTY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LlMITED TO A DURATION OF 60 DAYS FROM THE DATE OF COMPLETION.
- PROTECTION OF CUSTOMER'S PROPERTY - Customer agrees to remove or to protect any personal property, inside and out including, but not limited to, carpets, rugs, shrubs, and plantings and Company shall not be held responsible 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, walks, driveways, garages, patios, lawns, shrubs, sprinkler systems and other appurtenances to the residence of other real property.
Company shall not be held responsible for damage to personal property, or any improvements to real property, caused by persons delivering materials or equipments or keeping gates and doors closed for children and animals.
- ATTORNEY'S FEES - If an arbitration or an action at law or in equity, including an 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 attorneys' fees in addition to any other relief to which the prevailing party may be entitled.
- ENTlRE AGREEMENT - This is the entire Agreement. The parties are not bound by any oral expression or representation by any agent purporting to act for or on their behalf or by any commitment or arrangement not set forth herein. This Agreement binds jointly and severally all signing as Customer, their heirs, representatives, successors and assigns.