1. Definitions
A. The term "Contractor" herein refers to Anne the Plumber, and its associates.
B. The term "Customer" herein refers to person/agent whom the Contractor is rendering its services.
2. Site Conditions
A. If Contractor must obtain access to other properties in the course of work, Customer shall secure permission for such and hold harmless indemnify Contractor and its employees and agents against all actions and consequences arising or relating to the use of said property and its contents during and after work.
B. Customer shall secure, remove and protect all property, and its contents, including but not limited to adults, children, animals, cabinets, fixtures, flooring, walls, tiling, carpets, drapes, furniture, and vegetation during and upon completion of work, and shall hold harmless and indemnify Contractor, its employees and agents against all claims arising out of Customer's failure to do so.
3. Limited Warranty
A. Contractor, warrants its materials and workmanship to be free from defects for one year after performance, unless otherwise specified in writing. This warranty does not cover faults caused by misuse: negligence; or damage caused by act of God including, but not limited to earthquake. In the event manufacturer offers a warranty, said warranty shall negate and supersede Contractor's warranty. This warranty is the only warranty by Contractor to Customer, and is in lieu of all other warranties, expressed or implied.
B. Customer shall telephone Contractor within twenty four (24)hours of discovery of any warranty claim. Contractor will respond with reasonable promptness between the hours of 8:30am to 4:30pm. Monday through Friday, excluding holidays.
C. Contractor shall not be liable for electrical or other damages relating to drywall, stucco, roof, carpet, tile, floor, windows, fixtures, plumbing, furniture and personal property from any defect or delay in responding to said warranty. Customer must take reasonable steps to mitigate damages.
D. Contractor 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.
4. Unforseen Conditions
A. 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 of the control of Contractor and further agrees to pay for any labor or materials, including repair to damaged equipment of Contractor caused by such conditions and/or circumstances.
B. It is the intent of this provision to make Customer responsible for all(1)unforeseen and concealed conditions, and (2) for that which Contractor cannot control. Accordingly, Customer further agrees to hold Contractor harmless and shall indemnify and defend Contractor and its agents and employees from and against all claims, damages, losses and expenses, including but not limited to attorney fees, consequential damages, arising out of as a result from the performance of Contractors work involving, affecting, or relating to such wages, arising or as a result from the performance of Contractors work involving, affecting, or relating to such unforeseen or concealed conditions regardless of whether such damages are caused in part by Contractor.
C. Asbestos or other Hazardous Materials Remediation Work- Contractor has not 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. Contractor does not perform asbestos or other hazardous materials or substance removal and contractor shall have no responsibility whatsoever and Customer expressly releases Contractor from any liability whatsoever and for any claims arising out of its presence, release, remediation or removal and for any costs, losses or damages Customer may suffer or sustain if it is found to exist on the Customer's property or if, in order to obtain a building permit for the work to be performed by Contractor as set forth herein, any remediation action or, including investigating is required to be performed on the Customer's property concerning asbestos or other hazardous materials or substances, all work by Contractor will cease until such time as Customer has, Customer's sole expense, caused said asbestos or other hazardous materials or substances to be removed in compliance with all applicable laws relating thereto.
D. Mold or Mold Spores_ Contractor recommends that you hire a professional water damage restoration company to clean and treat an area that has water damage or as a result of work performed. Contractor is not responsible for any damage or ill health caused by mold. Customer agrees to waive all claims against Contractor that may be related to such work.
5. Solution Not Performed
If suggested options are not chosen by the Customer and a failure is experienced, the Contractor is held harmless.
6. Stoppages
A. Contractor will not clean any drain line or sewer lines through a roof vent, if deemed unsafe.
B. Any drain cleaning cable which becomes stuck in the line is responsibility of the Customer for removal and/or additional repairs.
C. If a sewage spill is deemed hazardous material, the cost of cleanup is responsibility of the Customer.
7. License, Permits, and Fees
A. Customer shall furnish and pay for, at their own expense, all taxes, permits, and license fees required to legally perform the repair work in accordance with this Agreement.
B. Access to the property for an agent of administrative authority must be provided within a reasonable time. Should reasonable access not be provided , it may result in additional charges to the Customer.
C. If at any time the administrative authority asks for additional works not related to our original contract, the work is responsibility of Customer. Contractor will provide an additional FLAT RATE for that work.
D. All notices related to the work performed by the Contractor which are sent to the property owner must be forwarded to the Contractor and a reasonable amount of time allowed for this response.
8. Payment
A. All work is done on a fixed FLAT RATE. The price includes Materials, Tax and Labor. NO BREAKDOWN WILL BE PROVIDED!
B. Payments for the work described herein this Agreement shall be immediately due upon completion of the work, unless otherwise specified in writing.
C. No deduction shall be made from payments due Contractor on account of penalty, liquidated damages, back-charges for alleged defective work, or other sums withheld from payments to other Contractors, or on account of the cost of charges or defects in the work. Furthermore, Customer agrees and recognizes that payment for services rendered by Contractor when due is an express condition precedent to Contractor continuing work as herein described in this Agreement. Customer recognizes that the failure to pay for services with due shall entitle Contractor to terminate work immediately. In the event Contractor terminates work for non-payment as herein described, Contractor 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. All warranties will be void.
9. Right to Terminate in Event of Dispute
In the event of a dispute between Contractor and Customer, Contractor and Customer agree that the Contractor immediately terminate the work described herein. In the event of such termination, Contractor shall be entitled to payment for all services rendered including costs of all labor, materials, reasonable profit and overhead. In the event on cancellation by Customer after contract has been signed, Contractor is entitled to a minimum fee on 10% of $1000 whichever is less. In the event of cancellation by Customer after work is commenced, Contractor is entitled to 10% or payment for work performed, whichever is more.
10. Notice of Defective Work
Upon completion of work, Customer agrees to exercise due diligence in inspecting the work for defective workmanship materials. Customer agrees to notify Contractor within forty eight (48)hours of completion of the work described hereunder of all defective work, if any. Customer agrees that upon discovery of any allegedly defective work, Customer shall immediately call Contractor, who shall have the first opportunity to repair the allegedly defective work. The failure to allow Contractor the first opportunity to repair the allegedly defective work shall void all warranties, express and implied hereunder. Customer agrees and recognizes that they shall not withhold any payments for allegedly defective work. Contractor is not responsible for reimbursement for work performed by any other company or individual.
11. Services Not Covered
Contractor will not perform any other work of trade than that which is specified herein, including but not limited to carpentry, plaster/wall work, time work, landscaping, masonry, flooring, roofing, paving etc., unless specified in writing. Unless otherwise stated; paint, plaster, stucco, and landscaping is the responsibility of Customer.
12. Scope of Agreement
This agreement represents the entire and integrated agreement between Customer and Contractor and supersedes all prior negotiations, representations, or agreements, with oral or written. This agreement may be amended only by written instrument offered by Contractor and accepted by Customer.
SEND ALL CORRESPONDENCE TO ANNE THE PLUMBER AT:
42 FIRST AVE, WOONSOCKET RI 02895