GENERAL TERMS AND CONDITIONS SUMMARY
These are general Terms and Conditions surrounding our services, depending on circumstances, there may be additional situations that require us to modify these Terms and Conditions. These Terms and Conditions may change from time to time without notice. We strongly advise you to familiarize yourself with these Terms and Conditions before you contract our services.
SCOPE OF AGREEMENT
This agreement represents the entire and integrated agreement between CUSTOMER and Wyman Plumbing and supersedes all prior negotiations, representations or agreements, either oral or written. This agreement may be amended only by written instrument offered by Wyman Plumbing and accepted by CUSTOMER.
Drains and Stoppages:
- Wyman Plumbing will clean drain line or sewer lines through a roof vent when an option and additional fees will apply.
- There will be an additional charge for drain cleaning if caustic chemicals have been used within 72 hours of our visit.
- We apologize in advance for any inconvenience this may cause.
Wyman Plumbing warrants its materials and workmanship to be free from defects for one year after performance unless otherwise specified in writing. The warranty does not cover faults caused by misuse; negligence; or damage caused by acts of God, including, but not limited to, earthquake. There is no warranty on drain cleaning. In the event that a manufacturer offers a warranty, said warranty shall negate and supersede Wyman Plumbing warranty. This warranty is the only warranty by Wyman Plumbing to CUSTOMER, and is in lieu of all other warranties, expressed or implied.
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 Wyman Plumbing and further agrees to pay for any labor or materials, including repair to damaged equipment of Wyman Plumbing and other plumbing caused by such conditions and/or circumstances.
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. 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 Wyman Plumbing 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 Wyman Plumbing 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.
It is the intent of this provision to make CUSTOMER responsible (1) for all unforeseen and concealed conditions; and (2) for that which Wyman Plumbing cannot control. Accordingly, CUSTOMER further agrees to hold Wyman Plumbing harmless and shall indemnify and defend and all its agents and employees from and against all claims, damages, losses and expenses, including, but not limited to, attorney’s fees, consequential damages, arising out of or as a result from the performance of work involving, affecting, or relating to such unforeseen or concealed conditions.
If for any reason, a maintenance visit is not performed either because of Wyman Plumbing or because of the maintenance agreement CUSTOMER, the monetary value does not exceed the cost of the maintenance agreement.
Wyman Plumbing shall not be liable for water or other damage relating from any defect or delay in responding to said warranty. CUSTOMER must take reasonable steps to mitigate damages.
Wyman Plumbing 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.
RECOMMENDATION NOT PERFORMED
If suggested options are not chosen by the CUSTOMER and a failure is experienced, Wyman Plumbing is held harmless.
Any drain cleaning cable which becomes stuck in the line is the responsibility of the CUSTOMER for removal and/or additional repairs. If a sewage spill occurs, including one deemed hazardous material, the cost of clean-up is the responsibility of the CUSTOMER.
All work done on a fixed UP-FRONT PRICE. The price includes Materials, Tax and Labor. NO BREAKDOWN WILL BE PROVIDED! Payment for the work described in the Agreement shall be immediately due upon completion of the work.
No deduction shall be made from payments due Wyman Plumbing on account of penalty, liquidated damages, back charges for alleged defective work, or other sums withheld from payments to other CONTRACTOR’S or on account of the cost of changes or defects in the work. Furthermore, CUSTOMER agrees and recognizes that payment for services rendered by Wyman Plumbing when due is an express condition precedent to Wyman Plumbing continuing work as herein described in this Agreement. CUSTOMER recognizes that the failure to pay for services when due shall entitle Wyman Plumbing to terminate work immediately. In the event that Wyman Plumbing terminates work for non-payment as herein described, Wyman Plumbing 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.
LICENSE, PERMITS, FEES
CUSTOMER shall furnish and pay for, at CUSTOMER’S own expense, all taxes, permits, and license fees required to legally perform the repair work in accordance with this Agreement. Access to the property for an agent of the administration authority must be provided within a reasonable time. Should reasonable access not be provided, it may result in additional charges to the CUSTOMER.
If at any time the administrative authority asks for additional work not related to our original contract, that work is the responsibility of the CUSTOMER. CONTRACTOR will provide an additional UP-FRONT PRICE for that work.
All notices related to work performed by Wyman Plumbing which are sent to the property owner must be forwarded to Wyman Plumbing and a reasonable amount of time allowed for the process.
IN CASE OF DISPUTE
In the event of a dispute between Wyman Plumbing and CUSTOMER, CUSTOMER agree that the Wyman Plumbing may immediately terminate the work described herein. In the event of such termination, Wyman Plumbing shall be entitled to payment for all services rendered including cost of all labor, materials, reasonable profit and overhead. In the event of cancellation by CUSTOMER after contract has been signed, Wyman Plumbing is entitled to a minimum fee of 10% or $1000, whichever is less. In the event of cancellation by CUSTOMER after work has commenced, Wyman Plumbing is entitled to 10% or payment for work performed, whichever is more. Attorneys fees shall be awarded to the prevailing party in the event of any dispute.
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 Wyman Plumbing within 48 hours of completion of the work described in of all defective work, if any. CUSTOMER agrees that upon discovery of any allegedly defective work, CUSTOMER shall immediately call Wyman Plumbing who shall have the first opportunity to repair the alleged defective work. The failure to allow Wyman Plumbing the first opportunity to repair the alleged defective work shall void all warranties, express and implied henceforth. CUSTOMER agrees and recognizes that they shall not withhold any payments for allegedly defective work. Wyman Plumbing is not responsible for reimbursement for work performed by any other company or individual.
Wyman Plumbing will not perform any other work or trade other than that which is specified herein, including, but not limited to, carpentry, plaster/wall work, tile work, landscaping, masonry, flooring, roofing, paving, etc., unless otherwise stated; paint, plaster, stucco, and landscaping are not included in the up-front price and are the responsibility of CUSTOMER.