Complete Plumbing and Construction is pleased to provide general plumbing and repair services to its new and repeat customers. We provide services on the following Terms and Conditions.
TERMS AND CONDITIONS
These terms and conditions are an Agreement between Complete Plumbing and Construction, Contractor License #1062051, (“We” or “Us” or “Our”) and the customer signing below (“You” or “Your”). By signing below, You represent that you have read, understood, and agree to the terms and conditions in this Agreement. You also represent that you are the owner of the property in which you are requesting service (“Property”) or authorized by the owner of the Property to enter into this Agreement.
Service Call Charge: The minimum non-refundable cost of a service call is One Hundred Eighty-Five Dollars ($185) per technician (“Service Call Charge”) which only covers the cost of the technician(s) arriving at the Property. Upon arrival the technician(s) will discuss Your requests and, if We can assist You, we will verbally quote to You the estimated price or other terms (“Estimated Price/Terms”) of any diagnosis, service, repair, replacement, installation, alteration, drain clearing or consultation (“Estimated Work”) prior to rendering service. If We cannot assist You or You do not agree to the Estimated Price/Terms, the Service Call Charge will be due and payable and no further work will be performed.
Estimated Price/Terms: If You agree to the Estimated Price/Terms as verbally quoted by the technician, you will be asked to provide a digital signature on the phone, tablet or other electronic device (“Mobile Device”) presented to you by the technician. The price shown on the Mobile Device will represent an estimated charge, for the time only, required to complete the Estimated Work, unless you and the technician agree otherwise. The estimate will be based solely upon visible conditions and the assumption that all plumbing and drain systems are in good repair and condition and fully functional as originally designed except for those items which are to be repaired or replaced within the scope of the Estimated Work.
Calculation of Time: The actual time needed to complete the work You and the technician agreed that We should perform, may be more or less than the time which is reflected in the estimated charge shown on the Mobile Device. In addition to such actual time, You will also be responsible for the actual time expended to perform any additional work which you authorize or request, including any work which the technician reasonably determines to be necessary to complete the service. The charge for the total actual time expended by the technician(s) will be calculated on an hourly basis in half hour increments at our Standard Hourly Rate. As each half hour commences, the full charge for that half hour will be incurred. If the work cannot be completed during Normal Business Hours and the technician(s) are unable to continue work until Normal Business Hours another day, a charge of one-half the Standard Hourly Rate per technician will be added to all time spent each new day that work commences, as compensation for travel time. The Standard Hourly Rate will be charged from time of arrival at the Property until time of departure from the Property. If a technician does not have required parts or materials on hand a charge of one-half hour will be billed for each parts run. If during a service call for plumbing repairs (other than drainage service, repair, replacement, installation or clearing of blockage) it is determined that drainage service, repair, replacement, installation or obstructions require use of a power auger, a charge of one hour will be billed to retrieve a power auger from Our business location.
Calculation of Parts and Materials Charges: There are no charges for consumables which have a cost of less than Ten Dollars ($10). The charge for all other parts and materials (including, but not limited to, pipes, fittings, valves, traps, sinks, faucets, toilets, bathtubs, showers, supply lines, shut-off valves, strainers, water heaters, pumps and other components and fixtures) which we provide or bring to the Property for installation will be billed to You at Our cost plus a Twenty Percent (20%) administrative and handling fee. There is no charge for any parts or materials which You provide and deliver to the Property; however, as noted below, parts or materials which You provide are not covered by Our warranty and Our warranty does not cover any costs related to diagnosis or replacement of such parts.
Concealed Conditions: If conditions or circumstances are encountered which are concealed or unknown at the time work commences, You agree to accept responsibility for such conditions and circumstances which may include, but not be limited to, improper or faulty plumbing, rusted or defective pipes, acids in the drain system, lines that are settled or broken, existing illegal conditions, defective roofing or deteriorated rough and finish plumbing parts and fixtures.
We may stop work if any such conditions or circumstances arise which will require services which are either outside of Our expertise or which We are unable to provide. The technician may discuss the situation with You and if You and the technician determine that We should not perform further work, We will stop work. You may at any point determine that the time expended by a technician is exceeding the time You anticipated and request that We stop work, in which case We will stop work. If We stop work as provided in this paragraph, You will be responsible for all time spent until We stop work at our Standard Hourly Rate as determined by the paragraph above titled “Calculation of Time” or, if greater, the price shown on the phone, tablet or other electronic device presented to you by the technician before the technician commenced work. You will also be responsible for the cost of all parts and materials as determined by the paragraph above titled “Calculation of Parts and Materials Charges.” If we stop work as described in this paragraph, it is likely the plumbing or drain system may not be operational and should not be placed in operation or used without first retaining, at Your sole cost and expense, a qualified and licensed contractor to complete the work and certify that the plumbing or drain system is functional and can be placed in operation. If we stop work as described in this paragraph, there is no warranty for any work performed or parts or materials installed.
Payments: Payment is due upon completion of the service unless otherwise agreed upon in writing. The total will include all applicable sales taxes and any other applicable governmental fees. We accept cash, check, credit card, ACH and Zelle payments. Payments may not be withheld for allegedly defective work (see Warranty below).
Scheduling and Appointments: Appointments can be scheduled by contacting Us by phone or email. We will make every effort to adhere to scheduled appointment times but cannot guarantee exact arrival times due to unforeseen circumstances. If You cancel or reschedule an appointment, please provide at least 24 hours advance notice; failure to provide such 24 hour advance notice will result in a cancellation fee of Fifty Dollars ($50).
Protection of Your Property: We will take reasonable efforts to protect or minimize damages to the Property and Your personal property. However, we are not responsible for the natural consequences of Our work which may occasionally result in damage to improvements including, but not limited to curbs, sidewalks, walks, driveways, garages, patios, lawns, shrubs, sprinkler systems, wallpaper, drywall, stucco, cabinets, or other appurtenances to the residence or other real property. It is Your responsibility to remove or protect any personal property, inside and out and maintain control over children and animals. We are not responsible for damage to personal property or real property, or any improvements to real property caused by persons delivering materials and We are not responsible for keeping gates and doors closed for children and animals. If you believe We have not take reasonable efforts to protect the Property or Your personal property, you must notify us within three (3) days after we have completed work (see the paragraph below titled “Completion of Work”).
Drain Cleaning Issues: If during any drain cleaning-related work a cleaning cable or cutter head becomes stuck or lodged in a line, You are responsible for the cost to remove and any consequential repairs to the drain line. If a sewage spill occurs, including one deemed to include hazardous material, You are responsible for the cost of clean-up. We are not responsible for any costs you may incur as described in this paragraph and You hereby agree to release Us from any and all responsibility related to these potential occurrences.
Completion of Work: Unless otherwise agreed or unless we have agreed to return to the Property to complete the work, all work is deemed complete upon Our departure from the Property. If you believe any work was not completed, You must notify Us within three (3) days after our departure. AII labor and material is conclusively accepted as satisfactory unless you notify us within this three (3) day period.
Warranty: We warrant all drain cleaning-related work for a period of 30 days and we warrant all other labor performed for a period of one-year; however, this warranty is void if any work we performed is repaired, altered or overhauled without our prior consent Any warranty claims must be made in writing within the warranty period and will be subject to Our inspection and approval. Our warranty covers the specific service performed and does not extend to other plumbing components or systems.
• Recommendations: If a technician recommends options which You reject and the options were anticipated to address the potential for such a failure, the failure is not covered by Our warranty and we are not responsible for any consequential damages or losses which You may incur.
• Drain Cleaning: Our warranty on drain cleaning-related work does not apply to lines which are compromised, have lost their structural integrity, or which were not designed on installed for their present use.
• Opportunity to Repair: You must provide us with the first opportunity to repair any alleged defective work. We will not reimburse You for any inspection or work performed by any other company or individual. Your failure to provide Us with the first opportunity to inspect and repair any alleged defective work voids Our warranty.
• Exclusions: Our warranty does not cover any defect or damage which may be caused or partly caused by or arise through: (i) Your failure to properly maintain or follow any instructions or guidelines We provide to You; (ii) Your use of any fixtures or other components after any defect becomes apparent or would have become apparent to a reasonably prudent operator or user; (iii) wear and tear or any accident or act of God.
This warranty is the only warranty provided to You. By signing this Agreement, you accept this warranty in lieu of any implied warranty or warranties provided by law.
Definitions
As used in this Agreement the following terms shall have the meanings set forth below:
“Normal Business Hours” means Monday Through Friday, 8 a.m. to 6 p.m.
“Standard Hourly Rate” means One Hundred Eighty-Five Dollars ($185) per hour per technician during Normal Business Hours and Three Hundred ($380) per hour per technician at any time other than during Normal Business Hours. Except as otherwise provided in this Agreement, all time is calculated from initial time of arrival until completion of work.
Notice to Owner
Under the California Mechanics’ Lien Law, any contractor, subcontractor, laborer, supplier, or other person or entity who helps to improve your property but is not paid for their work or supplies has a right to place a lien on your home, land, or property where the work was performed and to sue you in court to obtain payment. This means that after a court hearing, your home, land, and property could be sold by a court officer, and the proceeds of the sale used to satisfy what you owe. This can happen even if you have paid your contractor in full if the contractor’s subcontractors, laborers, or suppliers remain unpaid.
To preserve their rights to file a claim or lien against your property, certain claimants such as subcontractors or material suppliers are each required to provide you with a document called a “Preliminary Notice.” Contractors and laborers who contract with owners directly do not have to provide such notice since you are aware of their existence as an owner. A preliminary notice is not a lien against your property. Its purpose is to notify you of persons or entities that may have a right to file a lien against your property if they are not paid.
In order to perfect their lien rights, a contractor, subcontractor, supplier, or laborer must file a mechanics’ lien with the county recorder, which then becomes a recorded lien against your property. Generally, the maximum time allowed for filing a mechanics’ lien against your property is 90 days after substantial completion of your project.