TERMS AND CONDITIONS
Charity's Plumbing Solutions, LLC, its personnel and/or its sub-contractors (collectively, “Company”) will furnish all
labor and materials necessary to complete the Services to (“Customer”) in accordance with this Agreement.
Services Limitations:
(i) Company does not provide any Services for any and/or all of the following: area drains, patio drains,
deck drains, pool drains, roof drains, yard drains, rain gutters, or under slab leaks that require cutting
through the home foundation. Furthermore, Company shall not clean any drain line or sewer lines
through a roof vent. Company does not clean sewer lines through the toilet access or any interior
clean-out. For the sake of clarity, an interior clean-out is a plumbing fixture that provides access to
the main sewer line from inside a building and typically consists of a vertical pipe with a removable
cap or plug, located near the point where the sewer line exits the building's foundation.
(ii) Company only conducts repairs on the ground/main/first floor or second floor of all multi-story
buildings (“Height Restriction”). Notwithstanding the Height Restriction, Company will not
perform any of the Services for buildings with more than 10 stories.
(iii) Company will not clean any lines if such cleaning necessitates that Company go through the roof
vent at the Service Area.
(iv) Company shall only perform Services where the 'under-house cleanout’ is located outside the house
or any other such building of the Service Area. If the Service Area is a house or building which
contains an under-house cleanout, Company will not perform any Services that require Company to
travel through the house or building if the house or buildings under-house cleanout is inaccessible.
Furthermore, Company shall not perform the Services if the under-house cleanout located at the
Service Area can only be accessed with Five (5) or more steps/stairs. For the sake of clarity, an
under-house cleanout is a plumbing access point that provides access to the main sewer line from
outside the house or building and consists of a vertical pipe with a removable cap or plug, located
near the point where the sewer line exits the building's foundation; the under-house cleanout is
designed to allow plumbers to easily access and clean out any blockages or obstructions in the main
sewer line that cannot be accessed from inside the building which may be necessary if there is a
major blockage or problem with the sewer line that cannot be resolved using interior clean-outs or
other methods.
(v) The ‘sewer line cleanout cap’ located at Service Area must measure at least three and a half (3 ½)
inches in diameter, failing which the sewer line cleanout cap will be deemed non-standard and the
Services will not be performed insofar as they depend on the non-standard sewer line cleanout cap.
For the sake of clarity, a ‘sewer line cleanout cap’ is a removable lid or plug that provides access to
a plumbing cleanout, which is an opening in the sewer line that allows for easy access to the interior
of the pipes for cleaning and maintenance purposes; the sewer line cleanout cap is typically located
at ground level and is often marked by a circular cover or cap that can be removed with a wrench or
other tool; when the sewer line cleanout cap is removed, it allows plumbers or other professionals to
access the sewer line to remove clogs or perform other repairs and as such are an important
component of any plumbing system, as they help ensure that the pipes remain clear and functional.
Additional Charges: The following shall constitute “Additional Charges”.
(i) If, for any reason, Company is required to transport its equipment, product or any other such item
beyond the parameters of the Height Restriction, the Services and Flat Rate shall be subject to
further expenses as determined in the sole discretion of Company and shall be payable by Customer.
(vi) If, within the preceding Seventy-Two (72) hours of Company’s performance of the Services, caustic
chemicals are present at the Service Area, Customer shall pay to Company further expenses as
determined in the sole discretion of Company for any drain cleaning performed. For the sake of
clarity, caustic chemicals refer to strong alkaline substances used to dissolve and remove clogs or
blockages in pipes, drains, and sewer lines; caustic chemicals are highly reactive and can cause
chemical burns or other serious injuries if they come into contact with skin or eyes; caustic
chemicals include, without limitation, sodium hydroxide (or lye), potassium hydroxide, and sulfuric
acid.
Flat Rate: Subject to Additional Charges and any other such additional expense pursuant to this Agreement, all
Services shall be performed on a flat rate basis. No itemized breakdowns will be.
provided other than as provided above. The Flat Rate includes materials and labor. The Flat Rate also includes
the removal and haul away of replaced items and all such items will be removed from the premises and
discarded unless otherwise specified in writing by Customer.
Payment: Payment for the Services described in this Agreement shall be immediately due upon completion of
the work. In the event that the cost of the Services described in this agreement exceed $3,000 or requires special
order items or parts, then partial payments may be made as mutually agreed between Company and Customer in
writing. No deduction shall be made from payments on account of penalty, liquidated damages, back charges, or
payments to other contractors. By entering into this Agreement, Customer agrees and acknowledges that
payment for services rendered by Company when due is an express condition precedent to Company continuing
Services as described in this Agreement. Customer acknowledges that failure to pay for services when due shall
entitle Company to terminate Services immediately and seek to collect amounts owed. In the event Company
terminates Services for non-payment, Company shall be entitled to the full contract amount or all of its incurred
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. A service charge of 18% (18% A.P.R) will be added after ten
(10) days to any unpaid balance. Customer agrees to pay all reasonable attorney’s fees, expert costs, and all
court costs in the event of legal action by Company to collect unpaid amounts. Furthermore, Customer
understands and acknowledges that if Customer’s check does not clear the bank for any reason, Customer could
be liable for three (3) times the amount of the check, and in no case less than the original face value of the check
and no more than
face value of the check, legal costs and attorney’s fees. Notwithstanding the foregoing, Customer
understands and acknowledges that the “TOTAL” amount stated on the first page of this Agreement is subject
to change, depending on known or unknown factors experienced by Company in its performance of the
Services. Pre-Existing Conditions: This is the service and repair of an existing structure, appurtenances, or
fixtures and unknown conditions may be revealed during the process. As a result, the Services may be stopped
or delayed upon discovery of unforeseen physical or hazardous conditions at the Service Area, including but not
limited to: unforeseen or hidden rotted or damaged wood or infrastructure; lead paint; asbestos; hidden
conditions, such as additional layers of materials under surface materials; mold, bacteria or mildew; or preexisting violations of building, electric, plumbing or other governmental codes. Company may, at Customer’s
request and mutual written agreement, arrange for additional services to address such pre-existing conditions at
an additional charge and time extension. Otherwise, it will be Customer’s responsibility to arrange for the repair
or remedy of such pre-existing conditions and all Services by Company will cease until such time as Customer
has, at Customer’s sole expense, caused all pre-existing conditions to be removed, repaired, remediated, or
otherwise rectified in compliance with all applicable laws. It is the intent of this paragraph to confirm that
Customer bears financial responsibility for concealed physical conditions, unknown physical conditions which
differ materially from that which is ascertained upon a visual inspection, and for any costs, damages, or
expenses caused by, resulting from, or arising out of, in whole or in part, by any such conditions or
circumstances. Accordingly, Customer further agrees to hold Company harmless and shall indemnify and
defend Company and all its agents and employees from and against all claims, damages, losses and expenses,
including but not limited to attorney’s fees and consequential damages, arising out of or as a result of the
performance of Company Services involving affecting or relating to such unforeseen or concealed conditions,
regardless of whether such damages are caused in part by Company.
Customer Supplied Assistance: Company is not responsible for the quality of any Customer supplied products
or any assistance provided by Customer or others hired directly by Customer; Customer assumes the risk and
full liability of such assistance. All products, materials and services provided/supplied by Customer are not
warranted by Company. When Company installs a customer supplied product/material, Company is solely
warranting that its labor has been performed in a professional and workmanlike manner for two years from
installation pursuant to the limited warranties below.
Company Standard Limited Warranty: EXCEPT FOR DRAIN STOPPAGES WHICH ARE ONLY
WARRANTED BY COMPANY FOR 30 DAYS AND THE LIMITED WARRANTIES EXPRESSLY
DETAILED BELOW FOR WATER HEATERS, COMPANY WARRANTS THE WORKMANSHIP OF ITS
SERVICES FOR ONE YEAR FROM ITS COMPLETION DATE. DURING THE WARRANTY PERIOD,
COMPANY WILL REPAIR AT NO CHARGE TO CUSTOMER, ANY DEFECTIVE INSTALLATION BY
COMPANY. COMPANY’S WARRANTY DOES NOT COVER PRODUCT DEFECTS, DAMAGE CAUSED
BY FORCE MAJEURE, ACTS OF GOD, INSTALLATION OR REPAIRS MADE BY PERSONS OTHER
THAN COMPANY, AND ABUSE, MISUSE, NEGLECT, OR IMPROPER CARE OR CLEANING. UNLESS
OTHERWISE SPECIFICALLY STATED IN THIS AGREEMENT, MERCHANDISE AND MATERIALS
PROVIDED BY COMPANY ARE COVERED EXCLUSIVELY BY THE MANUFACTURER’S LIMITED
WARRANTIES, IF ANY. COMPANY WILL ASSIST CUSTOMER WITH LIMITED WARRANTY
CLAIMS TO BE FILED WITH SUCH MANUFACTURERS. NOTE THAT THE MANUFACTURER
LIMITED WARRANTIES TYPICALLY REQUIRE THAT CUSTOMER PROPERLY MAINTAIN THE
ITEM AND CONTAINS OTHER EXCLUSIONS AND LIMITATIONS.
Standard Water Heater Limited Warranty: UNLESS OTHERWISE SPECIFICALLY STATED IN THIS
AGREEMENT, ANY WATER HEATER (OR ANY SUCH SIMILAR PRODUCT) PROVIDED BY
COMPANY IS COVERED EXCLUSIVELY BY THE MANUFACTURER’S LIMITED WARRANTIES, IF
ANY. COMPANY WILL ASSIST CUSTOMER WITH LIMITED WARRANTY CLAIMS TO BE FILED
WITH SUCH MANUFACTURERS. NOTE THAT THE MANUFACTURER LIMITED WARRANTIES
TYPICALLY REQUIRE THAT CUSTOMER PROPERLY MAINTAIN THE ITEM AND CONTAINS
OTHER EXCLUSIONS AND LIMITATIONS.
Limitation of Liability: UNDER THESE LIMITED WARRANTIES, COMPANY IS ONLY RESPONSIBLE
FOR DIRECT DAMAGES AND IS NOT RESPONSIBLE FOR ANY OTHER CATEGORY OR TYPE OF
DAMAGES AND CUSTOMER WAIVES ANY CLAIM FOR ANY DAMAGE OTHER THAN DIRECT
DAMAGES. UNDER NO CIRCUMSTANCES, WHETHER AS A RESULT OF BREACH OF CONTRACT,
BREACH OF WARRANTY, TORT LIABILITY (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE),
STRICT LIABILITY, INDEMNITY OR OTHERWISE, SHALL COMPANY BE LIABLE TO CUSTOMER
FOR SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL
DAMAGES OF ANY NATURE. IF FOR ANY REASON, A MAINTENANCE VISIT IS NOT PERFORMED
BY COMPANY EITHER BECAUSE OF COMPANY OR BECAUSE OF THE MAINTENANCE
AGREEMENT CUSTOMER, THE MONETARY VALUE TO BE REFUNDED TO CUSTOMER OR ANY
LIABILITY TO CUSTOMER WILL NOT EXCEED THE COST OF THE MAINTENANCE AGREEMENT.
CUSTOMER AGREES THAT THE LIABILITY OF COMPANY, ITS AGENTS AND EMPLOYEES, IN
CONNECTION WITH ACTS, OMMISSIONS, OR SERVICES UNDER THIS AGREEMENT TO THE
CUSTOMER AND TO ALL PERSONS, ENTITIES, OR INSURANCE COMPANIES HAVING
CONTRACTUAL RELATIONSHIPS WITH THEM, RESULTING FROM, ARISING FROM, OR RELATED
TO ANY BREACH OF CONTRACT, PRODUCT LIABILITY, STRICT LIABILITY, OR NEGLIGENT
ACTS, ERRORS AND/OR OMISSIONS OF COMPANY, ITS AGENTS AND/OR EMPLOYEES, IS
LIMITED TO THE GREATER OF EITHER $5,000 OR THE TOTAL FEES ACTUALLY PAID BY THE
CUSTOMER FOR SERVICES RENDERED BY COMPANY UNDER THIS AGREEMENT.
Release And Waiver of Subrogation: Except as expressly stated in this Agreement, Customer waives all
claims, rights, or causes of action including any subrogation rights that might otherwise exist against Company
for damages caused by flood, fire, defective products, or other causes of loss to the extent covered by property
insurance for the Property or other property insurance applicable to the Work.
Suggestion not Followed: If Company makes suggestions to Customer in relation to a course of action and if
Customer subsequently rejects the suggestions of Company, and if thereafter, a failure, damage, liability, cost,
expense, or cause of action arises or occurs that could have been avoided had a Company suggestion been
implemented, then Customer shall release, hold harmless, defend, and indemnify Company, its owners,
employees, and agents from any such damage, liability, cost, expense, or cause of action.
Notice and First Opportunity to Repair: Upon completion of work, Customer agrees to exercise due
diligence in inspecting the Services for defective workmanship and materials. Customer agrees to notify
Company within (forty-eight) 48 hours of completion of the Services of all defective work, if any. Customer
further agrees that upon discovery of any alleged defective work arising out of the Services, Customer shall
immediately contact Company and afford Company the first possible opportunity to inspect and/or repair the
alleged defective work, if such repairs are, in the sole determination of Company, necessary.
Customer agrees to contact Company within (twenty-four) 24 hours of discovery of any subsequent warranty
claim and Customer shall telephone 602-853-5981 regarding any emergencies. Company shall respond between
the hours of 8:30 AM to 4:30 PM Monday through Friday, excluding holidays. Company shall not be liable for
water or other damage relating to any defect or delay in responding to said warranty and Customer must take
reasonable steps to mitigate damages.
The failure to allow Company the first opportunity to repair the alleged defective Services shall void all
warranties, express and implied in the Agreement. Customer agrees and expressly represents that Customer will
not withhold any payments for alleged defective work. Company is not responsible for reimbursement for
Services performed by any other company or individual if Customer does not give Company notice of the issue
as detailed in the paragraphs above and the first opportunity to repair the alleged defective work.
Customer Responsibilities: Customer agrees to notify Company if the job site is subject to any easements,
covenants or other legal encumbrances and if Company must obtain access to third-party-properties in the
course of performing the Services, Customer shall secure permission for such access and arrange for the repair
of any damage or normal wear and tear caused to any such third-party-properties by such access. Customer
further agrees: (i) to facilitate the timely location of underground or overhead utility lines; (ii) to ensure that the
Service Area is free of pre-existing hazards, unsafe conditions, environmental hazards, and building or zoning
code violations; (iii) to allow reasonable access to the Service Area and sanitary facilities; (iv) to ensure that any
security system or radon equipment does not interfere with the Services and that Customer will coordinate and
pay for any modifications to the security system during and after Company’s Services is complete; (v) to
provide power to, and, as applicable, climate control in, Service Area; (vi) not to allow unattended minors or
pets in the Service Area while Services is being completed; (vii) to keep posted permits on display at all times;
(viii) Customer or Customer’s agents/representatives will not interfere or delay installation; (ix) not to assign or
transfer this Agreement; and (x) secure, remove , and protect any and all valuables, fragile items, and all
personal or real property including, without limitation, fixtures, flooring, walls, tiling, carpets, drapes, furniture,
and vegetation. Customer shall defend, hold harmless, and indemnify Company, its employees, and agents
against any and all claims arising out, relating to, or caused by, in whole or in part, by Customer failure to meet
any Customer Responsibilities detailed in this paragraph.
Stoppages: As noted above, Company warrants the workmanship of the Services in clearing a drain stoppage
for thirty (30) days. During the thirty (30) day warranty period, Company shall, at no charge to Customer, reclear the stopped drain (one time only). Company’s limited drain stoppage warranty does not cover product
defects, damage caused by Force Majeure, installation or repairs made by others, stoppages caused by roots, any
damages that could have been avoided had Customer selected another option to resolve the stoppage more
effectively, or any abuse, misuse, neglect, or improper care or cleaning of the plumbing or drain system. For
safety reasons, Company will not clean any drain line or sewer lines through a roof vent without Customer
paying for the installation of additional safety and fall protection as may be reasonably required by Company.
Any drain cleaning cable which becomes stuck in the line is Customer’s responsibility for removal and/or
additional repairs. Further if a sewage spill is deemed hazardous material, the cost of cleanup is Customer’s
responsibility.
License, Permits, Fees: Customer shall furnish and/or pay for, at Customer’s own expense all taxes, permits,
and other fees required to legally perform the Services in accordance with this Agreement. Customer shall also
allow access to the property for an agent of the administrative authority or utility required for the Services to be
completed within a reasonable time. Should reasonable access not be provided, Customer acknowledges that it
may incur additional charges payable to Company. If at any time the administrative authority or utility company
asks for additional services not required under this Agreement, then Company shall perform that particular
service at an additional flat rate price if it is a service that Company is licensed to perform. All notices related to
Services performed by Company which are sent to the property owner must be forwarded to Company and a
reasonable amount of time allowed for the process.
Mutual Right to Terminate in an Event of Dispute: In the event of a dispute between Customer and
Company, either party may cancel this Agreement. In the event of termination by Company, Company 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 the Agreement has been signed but before Services is
completed, Company is entitled to (i) a minimum fee of 15% of the total Flat Rate agreed upon between the
parties or (ii) $200 Dollars ($200 USD), whichever amount is lower. In the event of cancellation
by Customer after performance of the Services has commenced, Company is entitled to (i) 50% of the total Flat
Rate agreed upon between the parties or (ii) payment for Services performed including cost of all labor,
materials, reasonable profit and overhead, whichever amount is greater.
Independent Contractor Status: It is mutually agreed that Company shall render Services as an independent
contractor. Company maintains appropriate business insurance and Workers Compensation Policy. Company
shall use its own tools and equipment to render Services under this Agreement.
Business License and Registration: Company shall comply with all state and local licensing and registration
requirements for the type of Services to be rendered under this Agreement.
Confidentiality: Under this Agreement, Customer may provide certain confidential Information or non-public
personal information (“Confidential Information”) to Company. Company will not disclose any Confidential
Information to any third party except to those employees or agents of Company who are required to have such
information as may be required under this Agreement. Company shall take reasonable measures to protect the
secrecy of and avoid disclosure and unauthorized use of the Confidential Information. Notwithstanding the
foregoing, Company shall take those measures that it employs to protect its own confidential information of a
similar nature and shall ensure that its employees and/or agents who have access to Confidential Information
employ such measures.
Authority: Each party represents and warrants that, as of the Effective Date, it has all rights, power, and
authority to enter into this Agreement and to perform its obligations hereunder.
Assignment: Customer may not, by operation of law or otherwise, directly or indirectly, assign this Agreement
without the prior express written consent of Company.
Notices: All notices provided by either party shall be sent via email to the email addresses noted in this
Agreement, unless otherwise specified in this Agreement.
Counterparts: This Agreement may be executed in counterparts, each of which will constitute an original, and
all of which will constitute one agreement. The parties agree that they will sign this Agreement electronically.
Services and Products Not Covered: Unless specified in writing, Company will not perform any other service
or trade than that which is specified in this Agreement, 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 Flat Rate and is Customer’s responsibility.
Scope of Agreement: This Agreement represents the entire agreement between Customer and Company and
supersedes all prior negotiations, representations or agreements, either oral or written.
Severability: This Agreement is severable as to any word or provision that may later be deemed as
unenforceable such that if any term or provision in this Agreement is held by a court of law to be unenforceable,
that determination shall not invalidate the remainder of this Agreement.
Governing Law: This Agreement: (a) shall be governed by the laws of the State of Arizona; (b) may only be
modified or amended by a writing signed by the Parties, or a provision may only be waived by a writing signed
by the waiving party; (c) is binding on the Parties’ successors and assigns; (d) may be specifically enforced; and
(e) is subject to exclusive jurisdiction and venue of the courts located in Arizona.
Headings: The clause headings are for convenience of reference only and constitute no part of the Agreement.
Both Customer and Company shall be deemed to have participated in the drafting of this Contract; hence, in the
event that any provision of this Agreement is deemed to be ambiguous, it shall not be construed against either
party