STANDARD TERMS & CONDITIONS
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 Crafton Plumbing and Home Services LLC and supersedes all prior negotiations, representations or agreements, either oral or written. This agreement may be amended only by written instrument offered by Crafton Plumbing and Home Services LLC and accepted by CUSTOMER.
GE Water Heater Owners:
Due to manufacturing and design issues, we do not repair or replace parts on General Electric Water Heaters. We do not provide services for Area Drains, Patio Drains, Deck Drains, Pool Drains, Roof Drains, Yard Drains, and Rain Gutters. We apologize in advance for any inconvenience this may cause. If you own a General Electric water heater that needs service, we recommend the replacement of your water heater with a fully warranted unit that will be serviced by Crafton Plumbing and Home Services LLC.
Drains and Stoppages:
Crafton Plumbing and Home Services LLC will not clean any drain line or sewer lines through a roof vent. There will be an additional charge for drain cleaning if caustic chemicals have been used within 72 hours of our visit. Height Restrictions: All repairs must be on the 1st or 2nd floor of any multi-story building and no service will be provided to buildings (regardless of the floor) that are taller than ten stories. We apologize in advance for any inconvenience this may cause.
LIMITED WARRANTY
Crafton Plumbing and Home Services LLC 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 or refrigerant leaks. If a manufacturer offers a warranty, said warranty shall negate and supersede Crafton Plumbing and Home Services LLC warranty. This warranty is the only warranty by Crafton Plumbing and Home Services LLC to CUSTOMER, and is in lieu of all other warranties, expressed or implied.
UNFORESEEN CONDITIONS
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 Crafton Plumbing and Home Services LLC and further agrees to pay for any labor or materials, including repair to damaged equipment of Crafton Plumbing and Home Services LLC 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 Crafton Plumbing and Home Services LLC 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 Crafton Plumbing and Home Services LLC 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 Crafton Plumbing and Home Services LLC cannot control. Accordingly, CUSTOMER further agrees to hold Crafton Plumbing and Home Services LLC harmless and shall indemnify and defend 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 Crafton Plumbing and Home Services LLC or because of the maintenance agreement CUSTOMER, the monetary value does not exceed the cost of the maintenance agreement.
Crafton Plumbing and Home Services LLC 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.
Crafton Plumbing and Home Services LLC 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, Crafton Plumbing and Home Services LLC 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 cleanup is the responsibility of the CUSTOMER.
PAYMENT
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 Crafton Plumbing and Home Services LLC 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 changes or defects in the work. Furthermore, CUSTOMER agrees and recognizes that payment for services rendered by Crafton Plumbing and Home Services LLC when due is an express condition precedent to Crafton Plumbing and Home Services LLC continuing work as herein described in this Agreement. CUSTOMER recognizes that the failure to pay for services when due shall entitle Crafton Plumbing and Home Services LLC to terminate work immediately. In the event that Crafton Plumbing and Home Services LLC terminates work for non-payment as herein described, Crafton Plumbing and Home Services LLC 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 Crafton Plumbing and Home Services LLC which are sent to the property owner must be forwarded to Crafton Plumbing and Home Services LLC and a reasonable amount of time allowed for the process.
IN CASE OF DISPUTE
In the event of a dispute between Crafton Plumbing and Home Services LLC and CUSTOMER, CUSTOMER agrees that Crafton Plumbing and Home Services LLC may immediately terminate the work described herein. In the event of such termination, Crafton Plumbing and Home Services LLC shall be entitled to payment for all services rendered including the cost of all labor, materials, reasonable profit, and overhead. In the event of cancellation by CUSTOMER after the contract has been signed, Crafton Plumbing and Home Services LLC is entitled to a minimum fee of 10% or $1000, whichever is less. In the case of cancellation by CUSTOMER after work has commenced, Crafton Plumbing and Home Services LLC is entitled to 10% or payment for work performed, whichever is more.
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 Crafton Plumbing and Home Services LLC 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 Crafton Plumbing and Home Services LLC who shall have the first opportunity to repair the alleged defective work. The failure to allow Crafton Plumbing and Home Services LLC 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. Crafton Plumbing and Home Services LLC is not responsible for reimbursement for work performed by any other company or individual.
Crafton Plumbing and Home Services LLC 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 upfront price and are the responsibility of CUSTOMER.
Questions
For questions about these Standard Terms & Conditions, please contact Crafton customer service at 618-346-8806 or marketing@cajonesinc.com.