Terms and conditions
RESPONSIBILITIES AND REPRESENTATIONS OF CUSTOMER
in this Repair Warranty the 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 that are settled, broken, deteriorated or damaged.
- Existing illegal conditions.
- Defective roofing.
The Customer shall indicate all property lines and Customer authorizes access through other properties for Company’s use during work. Where access through other properties is required. Customer is required to obtain permission therefore and agrees to be responsible for and to hold Company harmless from any risk thereof.
Customer shall secure the 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 LIMITATIONS
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 the customer refuses to authorize a replacement, Company shall not be responsible for damages thereafter resulting from sewer, gas, backups, 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.
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 LIMITATIONS: CUSTOMER’S RIGHT TO REPAIR AND REPLACEMENT ARE THE EXCLUSIVE REMEDIES AND COMPANY SHALL NOT BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE MATERIALS PROVIDED FOR IN THIS AGREEMENT.
Company is not responsible for the following which is excluded from the coverage of this limited warranty.
- Commercial or industrial waste lines unless so indicated on the face hereof.
- Defective conditions are 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 include, but are 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.
If arbitration or 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.
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.
NOTICE TO OWNER
Under the California Mechanics’ Lien Law, any contractor, subcontractor, laborer, supplier, or other person or entity who helps to improve your property, but is not paid for his or her work or supplies, has a right to place a lien on your home, land or property where the work was performed and sue you in court to obtain payment.
This means that after a court hearing, your home, land, and property could be sold by a court officer, and the proceeds of the sale used to satisfy what you owe. This can happen even if you have paid your contractor in full if the contractor’s subcontractors, laborers, or suppliers remain unpaid.
To preserve their rights to file a claim or lien against your property, certain claimants such as subcontractors or material suppliers are each required to provide you with a document called a “Preliminary Notice”. Contractors and laborers who contract with owners directly do not have to provide such notice since you are aware of their existence as an owner. A preliminary notice is not a lien against your property. Its purpose is to notify you of persons or entities that may have a right to file a lien against your property if they are not paid. In order to perfect their lien rights, a contractor, subcontractor, supplier or laborer must file a mechanics’ lien with the county recorder which then becomes a recorded lien against your property. Generally, the maximum time allowed for filing a mechanics’ lien against your property is 90 days after substantial completion of your project.
Black Mountain Plumbing Inc. does not warranty material supplied by others.
Black Mountain Plumbing Inc. suggests owner/General Contractor have all work permitted and inspected.
Black Mountain Plumbing Inc, suggests owner/General Contractor be responsible for any and all mold/mildew remediation, sewage mitigation, and or structure and content drying. Black Mountain Plumbing Inc. customer agrees to defend, indemnify, release and hold harmless Black Mountain Plumbing Inc. from any loss claim or damage including but not limited to emotional injury or property damage that results from or is caused by microbial contamination.
As the Customer, I fully understand that I am responsible for any and all costs and charges and accept responsibility for payment to Black Mountain Plumbing Inc. for services rendered, regardless of insurance or the property owner’s responsibility. I further understand that if the bill is not paid within 30 days, a monthly service charge of 1.5% or 18% annually will be charged to the unpaid balance. Should this account be placed in the hands of an attorney for collections or if a suit or action be commenced to enforce payment, it is agreed that as the customer, I will pay in addition to the bill, all collection costs, court costs, and attorney’s fees.