Terms of Service
Everything You Should Know...
1) 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 no limited to adults, children, animals, cabinets, 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. <br>
2) Limited Warranty: a. Company warrants its work to be free from defects in material and workmanship for the warranty period set forth on the face hereof. All warranties are void if payment is not made when due. Warranties hereunder extend only to Customer and are not transferable. b. If a defect in materials or workmanship covered by this warranty occurs, Company will with reasonable promptness during normal working hours remedy the defect. In no event shall Company be held liable for water damage, electrical or other damages relating to drywall, and personal property from any defect or delay in responding to said warranty. Customer must take reasonable steps to mitigate damages. exemplary, indirect or consequential damages resulting from any work performed, or any problem, whether or not covered by this limited warranty. d. To obtain warranty performance, notify Company of any defect or claims for breach at (888) 440-7574, or by mail at 1390 N. McDowell Blvd Suite G 205, Petaluma CA 94954.
3) 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 the 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 of 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 any claims arising out of its presence, release, remediation or removal 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 material 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. 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 dose not exceed the cost of the maintenance agreement.
4) Recommendation Not Performed: a. If suggested options are not chosen by the Customer and a failure is experienced, the Contractor is held harmless.
5) Stoppages: a. Contractor will not clean any drain or sewer lines through a roof vent. b. Any drain cleaning cable which becomes stuck in the line is the responsibility of the Customer for removal and/or additional repairs. c. If sewage spill is deemed hazardous material, the cost of the clean up is the responsibility of the Customer.
6) License, Permits, Fees: a. Customer shall furnish and pay for, at their own expense, all taxes, permits and licenses fees required to legally perform the repair work in accordance with this Agreement. b. Access to the property for an agent or 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 work not related to our original contract, the work is the responsibility of the Customer. Contractor will provide an additional quote for that work at a fixed price. 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.
7) Payment: a. All work is done for a fixed rate. The price includes materials, labor and tax. No breakdown will be provided. b. Payment for the work described herein this agreement shall be immediately due upon completion of the work. In the event that the cost of the work described hereunder exceeds $500, progress payment shall be made based on the percentage of completion as determined by Contractor, at 25% increments, which shall be due and payable as outlined herein, unless otherwise specified in writing. c. No deduction shall be made form payments due to 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.
8) Right to Terminate In Event of Dispute: In the event of a dispute between Customer and Contractor, Contractor and Customer agree that the Contractor may 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 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 $1,000 which ever is less. In the event cancellation by Customer after work has commenced, Contractor is entitled to 10% or payment for work performed, whichever is more.
9) 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 (48) 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 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.
10) Services Not Covered: Contractor will not perform any other work or trade than that which is specified herein, including but not limited to carpentry, plaster/wall work, tile work, landscaping, masonry, flooring, roofing, paving etc., unless specified herein writing. Unless otherwise stated, paint, stucco and landscaping is the responsibility of the customer.
11) Scope of Agreement: This agreement represents the entire and integrated agreement between Customer and Contractor and supersedes all prior negotiations, representation or agreements, either oral or written. This agreement may be amended only by written instrument offered by Contractor and accepted by Customer.
12) Lien Release: Upon satisfactory payment being made for any portion of the work performed, the contractor shall prior to any further payment being made, furnish to the person contracting for the home improvement or swimming pool a full and unconditional release from any claim or mechanic’s lien pursuant to Section 3114 of the Civil Code, for that portion of the work for which payment has been made. Drain & Sewer: Small Job Plumbing Inc does not assume responsibility for any damage to pipes in the course of cleaning any drain or sewer line and does not assume responsibility for breakage of any toilet, P-trap, or fixture while being pulled or damages to property from defective replacement parts manufactured by others. SJPI does not warranty any drain cleaning. We will try our best effort to clear the line, but cannot warranty that the line will stay free and clear after we leave the property.