1. DEFINITIONS A. The term "CONTRACTOR" herein refers to Mr. Drain ®
Mr. Drain Cleaning ®
2. and its affiliates. B. The term "CUSTOMER" herein refers to person/agent whom the CONTRACTOR is rendering its services.
3. 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 and indemnify CONTRACTOR and its employees and agents against all actions and consequences arising or relating to the use of said properties, including but not limited to damage done in the normal course of work, excluding negligence, and for securing 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 acts of God including, but not limited to earthquake. In the event that a 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 8:30 a.m. to 4:30 p.m. 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. UNFORESEEN 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 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 all its agents and employees from and against all claims, damages, losses and expenses, including but not limited to attorney fees, consequential damages, arising out 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 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. 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. 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 CONTRACTOR 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 CONTRACTOR 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.
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.
E. If for any reason, a maintenance visit is not performed either because of the contractor or because of the maintenance agreement customer, the monetary value does not exceed the cost of the maintenance agreement.
5. SOLUTION NOT PERFORMED
If suggested options are not chosen by the CUSTOMER and a failure is experienced, the CONTRACTOR is held harmless.
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 the responsibility of the CUSTOMER for removal and/or additional repairs. CONTRACTOR is not responsible for any damages caused due to drain cleaning cable.
C. If a sewage spill is deemed hazardous material, the cost of clean up is the 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 the responsibility of the CUSTOMER. CONTRACTOR will provide an additional CONTRACT PRICE for that work.
D. All notices related to 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 the process.
A. All work is done on a fixed CONTRACT PRICE. The price includes Materials, Tax and Labor. NO BREAKDOWN WILL BE PROVIDED!
B. Payment 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 when due shall entitle CONTRACTOR to terminate work immediately. In the event that 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 of cancellation by CUSTOMER after contract has been signed, CONTRACTOR is entitled to a minimum fee of 10% or $1000 whichever is less. In the event of cancelation by CUSTOMER after work has commenced, CONTRACTOR is entitled to 10% or payment for work performed, whichever is more.
10. 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 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.
13. ATTORNEYS' FEES
In any legal action between the parties concerning or arising from or under this Agreement, the prevailing party in such legal action shall be entitled, in addition to such other relief as may be granted, to its attorneys' and costs in such action. In addition, if, notwithstanding the foregoing, legal action is instituted by any party to enforce the terms of this Agreement, the prevailing party in such litigation shall, in addition to such other relief as the court may grant, be entitled to an award of its attorneys' fees and costs. Costs to the prevailing party shall include statutorily recognized costs of suit and shall include expert witness fees, if applicable.
"$79.99 Drain Special is not combined with any other offer, discount or coupon, we'll not charge $79.99 if we were unable to unclog the drain because of our equipment failure, but if there is any offset in the drain pipe, broke pipe, tree roots intrusion, belly in the pipe, collapsed pipe, settled pipe or any other natural or physical cause then you are liable to pay us $79.99.
Mr. Drain ® Plumbing will not take any responsibility for any damage to the pipes or drain or the sewer lines and any other damage arising in the course of cleaning any drain or sewer lines and does not assume any responsibility for breakage of any toilet, P-Trap or fixture while being pulled while doing a drain cleaning or drain repairs or damage to the property from the new or defective replacement parts manufactured by others".
16. Offers Coupons and Deals:
Mr. Drain ® Plumbing and its locations will not honor any "Deals", "Offers", "Discounts" from classified sites like Yelp, Merchant Circle, Judy's Book, Angie's Listing, Yahoo or any other review sites or classified sites that you have to purchase. Please contact Mr. Drain ® Plumbing before making any purchase of the "Deals" or "Offers" that Mr. Drain ® Plumbing or its participating locations are not offering. We honor all "Discounts", "Coupons" or "Deals" those are available on our sites, other advertising sites by mail or magazine that are free of charge for our customers.