Johnson Bros. Plumbing & Drain Cleaning
CONTRACT TERMS AND CONDITIONS
Johnson Bros. Plumbing & Drain Cleaning (“JBPDC”) will construct for Owner the improvements identified in the associated Invoice or Proposal (“Work”) for the price indicated within the Invoice or Proposal.
PAYMENT. Payment is due on the day of service unless otherwise noted within the Invoice or Proposal. Credit Card payments are subject to a processing fee of 3.5% (Subject to change). Payments not received in full on the day of service are subject to a late fee and or Interest. Unpaid invoices after 30 days are subject to collections which include, but are not limited to, Property Lien, Theft of Services filed at the Local Police Department, Civil Court and reporting to all national collection agencies. Any discounts are subject to be voided due to non payment or outstanding balances. Upon execution of the Invoice or Proposal the Owner will provide payment as provided in the Invoice or Proposal. The Owner shall pay all invoices, including change orders, within the time frame outlined in the Invoice or Proposal. Work will be scheduled upon receipt of deposit as outlined in Proposal. If Owner has secured institutional financing for the Work, Owner shall request the institution to issue payments for the Work as either one party checks, made payable to JBPDC, or two-party checks, payable to Owner and JBPDC. Any sums due after 30 days will incur interest charges of 24 percent per annum, compounded monthly. All Work performed by JBPDC shall be completed in a workmanlike manner according to standard practices, and under applicable municipal and State codes. If your check is returned for non-sufficient funds, you expressly authorize your account to be electronically debited or bank drafted for the amount of the check plus any applicable fees. The use of a check for payment is your acknowledgment and acceptance of this policy and its terms and conditions. We reserve the right to withhold any future work or warranty work including labor and materials at any point if payment is not made without penalty. Any labor or materials costs that is denied coverage from a manufacturer, vendor, insurance or warranty company is the responsibility of the Owner and required to be paid in full upon notification of the denial.
CUSTOMER ACCOUNTS. Customers may set up an account with us for billing purposes. Commercial accounts must include a signed credit application along with the terms and conditions of the account agreement and are subject to a credit check. Residential customer accounts must include an active credit card on file which will be held by our third party secured credit card processing company. Customers with accounts can choose to be invoiced for work performed with payment due as per outlined on the invoice. Customers may also choose to process payment for the invoiced amount at the time of service to the credit card on file. Residential accounts will automatically be processed with the credit card on file if invoiced work is not paid in full by 30 days from the date of service. Credit card fees apply.
OWNER’S PRELIMINARY REQUIREMENTS. Unless otherwise agreed, prior to JBPDC commencing Work the Owner shall, at their sole cost and expense: complete engineering, survey, or other plans fort the project; obtain any federal, state, and municipal approvals or permits required for JBPDC to perform the contemplated Work; provide a work site capable of supporting and permitting JBPDC’s Work to occur without any additional, ancillary or incidental steps by JBPDC not explicitly identified in the Invoice or Proposal; clear the project site prior to construction of any debris, equipment, personal items and/or construction materials that would materially interfere with JBPDC’s performance of the Work. Owner’s failure to meet the conditions identified above, on or before the date identified above, for any reason other than JBPDC’s negligence, shall constitute breach of this agreement and result in damages as provided in the Damages section.
CHANGES TO THE WORK. The Owner or Local Code Official, without invalidating the contract, may order changes to the Work including, but not limited to, additions, deletions, or modifications. Changes to Work may be made as the work progresses, and the Owner agrees that any changes to the system installed by JBPDC that differ from the written Invoice or Proposal, shall be conclusive proof of the owner’s authorization to change the system from the Invoice or Proposal. The Owner will pay all costs associated with change orders and will receive any cost reduction associated with the deletion and/or substitution of Work. JBPDC is not liable for existing conditions related to plumbing, heating or gas. The Owner will pay all costs that may occur if it is necessary or if required by local Code Official to upgrade to current plumbing, heating or gas code for a safe and proper working system. This Proposal is based on visible conditions and owner agrees that the price may vary due to non-visible plumbing conditions.
COMPLETION. JBPDC will complete the Work in the Proposal and any change orders as quickly as practicable. Owner agrees, however, that JBPDC shall not be responsible for any damages to the Owner, either direct or incidental, arising from any delays in completing the Work before any date discussed between Owner and JBPDC, unless explicitly agreed to in writing between JBPDC and Owner. Work dates are subject to change due to unforeseen circumstances and will be rescheduled in a timely manner.
DAMAGES. Owner agrees that the only damages that may be brought by Owner against JBPDC relate to JBPDC’s failure to complete the contracted work, or damage to the Owner’s property or persons while on owners’ property. Owner agrees that any breach of this Contract shall result in damages to JBPDC, including all direct and incidental damages arising from the breach. Owner agrees that JBPDC’s damages shall include, but not be limited to: JBPDC’s time, resources, equipment and overhead used in mobilization, purchasing materials, and preparing plans, JBPDC’s loss of reasonably anticipated profits on this project or other projects occasioned by Owner’s breach or termination of this agreement, JBPDC’s losses arising from delays during the prosecution of this Proposal awaiting Owner’s receipt of any plans, approvals, or permits for JBPDC to complete the Work not arising from JBPDC’s negligence; and JBPDC’s reasonable attorneys’ fees and costs associated with any legal action as a result of Owner’s breach, including any claim for mechanic’s lien.
PERMIT FEES. Permit fees are not included, unless otherwise noted in Invoice or Proposal, and will be at an additional cost which owner agrees to pay. Note: GC to provide job site with burn permits per mall and/or job site requirements.
TERMINATION. JBPDC may terminate the contract either for cause, arising from the Owner’s inability or refusal to pay invoices on a timely basis, or alternatively, from Owner’s failure to agree to a change order arising from differing site conditions identified after commencing the Work that make the contemplated Work unpractical or impossible to perform. The Owner may terminate the contract prior to completion of the Work, but shall pay APHC for completed Work that has not been paid, and for all resulting direct and incidental costs and damages identified in Damages. The Owner shall pay JBPDC for materials purchased specifically for this Invoice or Proposal.
ENVIRONMENTAL CONDITIONS. Unless specifically indicated, the Work contemplated by JBPDC presumes that no permits are required for any environmental impacts, including, but not limited to subsurface conditions, wetlands impacts, hazardous or solid waste (s) for the work contained in the Invoice or Proposal; or alternatively, the Owner will, prior to the date identified in Section 2, procure all such permits. If JBPDC believes that permits are required to complete all Work contained in the Invoice or Proposal, JBPDC shall inform the Owner when JBPDC learns or reasonably believes any approval or permit is required, and Owner shall retain appropriate professionals to review the situation, and submit any required applications. Owner agrees to defend and indemnify JBPDC for any environmental claims arising from JBPDC’s performance of the Work where the alleged violation arises from missing or inadequate environmental permit (s) or existing conditions. Owner’s indemnification shall not cover any claims not included herein or any claims that result from JBPDC’s actions or negligence that Violates applicable law.
WORK OUTSIDE OUR JOB SCOPE. Work which we are not licensed, insured or capable of completing may be necessary and required to complete the work listed on this Invoice or Proposal and it is not included unless otherwise noted. No warranty is given for customer supplied fixtures and/or material. The Owner agrees to pay any additional fees that may occur for repair or re-installation of supplied fixtures and/or material that JBPDC does not provide. Owner agrees to pay for any cost associated with core drilling for any plumbing pipes, roof cuts, installation of roof vent flanges, patch and repairs to any wall ceiling or floor, fire caulking, Concrete cutting, removing and patching, trenching, back-filling and tamping of earth, electrical or other wiring, disposal cost for removal of old material or fixtures.
LEGAL PROCEEDINGS. Any legal action shall be pursued in the courts of Massachusetts, and notwithstanding any conflict of law principles, shall be governed by Massachusetts law. Payments not made in full will be subject to property lien. Acceptance of this proposal is considered legal notice of property lien.
INDEMNIFICATION. Owner shall defend, indemnify and hold JBPDC harmless from any and all claims, penalties, or assessments arising from, the breach of any covenant, representation or warranty herein, or from any act, omission, or misrepresentation of the Owner, and/or Owner’s employees, agents or representatives, including architects, engineers, surveyors, or others engaged to perform preliminary steps necessary for JBPDC to perform its work. This indemnification shall be as broad as permissible under RSA 338-A:2.
ENTIRE AGREEMENT. There are no promises, terms, conditions, or obligations other than those contained within the Invoice or Proposal, or the Contract Terms and Conditions. This contract supersedes all prior communications, representations, or agreements, either verbal or written, between the parties hereto, and this agreement may not be amended except in writing, other than the scope of Work as described in these terms.
WARRANTY. All work described on Invoice or Proposal has a one year warranty on workmanship unless noted on contract. JBPDC supplied fixtures or materials have a manufacturer’s warranty. The consumer is responsible for submitting manufacturer’s warranty registrations. Warranty is void if a balance remains unpaid. Not responsible for customer supplied materials. JBPDC is not responsible for existing conditions or water quality.
USE OF PICTURES. Owner agrees to allow JBPDC and affiliated businesses to use any pictures of the work preformed for purpose of advertising and showing others without penalty or fees from Owner.
TESTIMONIALS. Owner agrees to allow JBPDC the rights and privileges to use any and all testimonials written or verbal in our advertisements without penalty or fees from Owner.
EMAIL. Owner agrees to allow JBPDC and affiliated businesses to use owners email address for receiving advertisements and specials without penalty or fees from Owner. JBPDC agrees to keep all email and personal information private from others.
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