Terms of Plumbing Service

1. Scope of Work. “Services” refers to residential and commercial plumbing and mechanical services as specified above (“Scope of Work”) of this Agreement, and is hereby incorporated by reference. Client Specifically understands that Business is only responsible for the scope of work. The scope of work does not include but not limited to the following:
2. General Exclusions. Business is only responsible for the Scope of Work. Client specifically acknowledges and agrees to the following General Exclusions:

Any damages or issues arising from the use of substandard or defective materials provided by the client or any third party shall not be covered under our warranty. Business shall not be held responsible for any damages or issues resulting from the client’s failure to comply with our recommended maintenance procedures and guidelines. Business shall not be liable for any damages or injuries caused by existing faulty plumbing systems or infrastructure that were not part of our original scope of work. Business’ liability does not extend to any damages caused by unforeseen circumstances, including natural disasters, accidents, or acts of God. Any pre-existing plumbing issues or conditions, whether known or unknown to the client, shall not be covered under our services and warranty. Business is not responsible for any damages or issues resulting from the client’s failure to disclose or accurately represent pre-existing plumbing conditions. Business shall not be responsible for any damages to drywall, wall coverings, or any other non-plumbing related surfaces during the course of our work, unless directly caused by our negligence. Any repairs or restoration required for drywall or non-plumbing related surfaces damaged during our services shall be the sole responsibility of the client, unless explicitly stated in a separate agreement. Business cannot guarantee the longevity or effectiveness of our services in areas with corrosive water, high mineral content, or other adverse environmental conditions. Any damages or issues resulting from environmental factors beyond our control shall not be covered under our warranty. Business does not assume responsibility for the actions, services, misuse, neglect, negligence, or vandalism provided by subcontractors, suppliers, or any third parties engaged by the client. Any damages or issues arising from the work performed by third parties shall not be covered under our warranty. We shall not be held liable for delays or failure to perform our services due to circumstances beyond our control, including but not limited to strikes, natural disasters, or government-imposed restrictions. Any plumbing work that requires permits or approvals that are not obtained by the plumber or the client. Any plumbing work that involves hazardous materials, asbestos, mold, or lead. Any plumbing work that is affected by existing defects, damages, or code violations in the property. Any plumbing work that is subject to normal wear and tear, corrosion, or deterioration. In the event of a delay or force majeure, we shall make reasonable efforts to minimize disruptions and complete the work as soon as practicable.

3. Date and Location. The Services shall be performed on the date(s) and at such location(s) as specified in the Scope of Work hereto and, where the location of a particular task is not specified, the Services shall be performed at such locations as approved in writing between the Client and Business. Writing may be in electronic format, provided, however, that approval or confirmation of the location is clear and unambiguous.
4. Service Timeframe. Business shall provide the services on Service Date at Service Location with an arrival time. Services shall have an estimated start time and end time. There shall be no modifications or changes to the state time or end time within 7 days of Service Date.
5. Payment Terms. The Agreement price includes all labor, materials, equipment, and transportation required to perform the Services described in the Scope of Work. Services will be billed as services are performed. Payment will be made after services have been performed and within 30 days of receipt of an invoice for those services. The service rates as described in Exhibit 1 shall remain in effect throughout the term of this Agreement. Any invoice or scheduled payment over thirty (30) days past due will be subject to a TEN PERCENT (10%) late fee. After thirty (30) days, Business reserves the right to send invoices to collections.

Chargeback Policy. Business reserves the right to charge a fee “chargeback fee” if a chargeback, or other payment dispute(canceled, returned, or voided checks, payment platform dispute) is placed with your credit card company (either intentionally or unintentionally) for any deposit made to your account. The chargeback fee will be comprised of the “administration fee” of one hundred dollars ($100) to cover all further investigation expenses. In case of pre-arbitration, additional fees may apply from the card processor. This fee will be used to cover all investigative expenses to prove that the deposit was made by you upon receiving the chargeback from our merchant provider. The fee will be deducted from the Client’s account balance if available.

6. Photo Release. By signing this Agreement, Client hereby acknowledges, consents, and provides permission to Business to use photographs or videography of them, their Service, and other activities associated with their Service in any and all publications, website photographs, and other marketing assets without payment or any other consideration. In addition, Client waives their right to inspect or approve any finished product, including any written or electronic copy, wherein my likeness or Service photographs are used.
7. Limit of Liability. Client agrees that the maximum amount of damages he or she is entitled to in any claim relating to this Agreement or Services provided in this Agreement are not to exceed the Total Cost of Services provided by Business. It is intended that this limitation apply to any and all liability or cause of action however alleged or arising, unless otherwise prohibited by law.
8. Loss of Product. In the Service that any or all product(s) are lost, such as damage to or loss of a component of the product necessary for final delivery, Business shall refund Client a prorated portion of the Total Cost based on the amount of Services that were completed/provided against the amount of Services that were agreed to be completed/provided.
9. Indemnification and Insurance. Client agrees to indemnify, defend and hold harmless Business and its affiliates, employees, agents, and independent contractors for any injury, property damage, liability, claim, or other cause of action, whether in tort or contract, arising out of or related to Services and/or product(s) Business provides to Client. Including indemnifying Business for any lawsuits due to contracting a contagion, virus, or other infectious diseases by a guest, employee, agent, or other participants due to attending the Service. Business acknowledges and warrants that carry the appropriate general and professional liability insurance consistent with standard industry practices.
10. Cancellations made within 24 hours of the Service date will not be refunded.  Business has no obligation to attempt to re-book further Services to fill the void created by Client’s cancellation, rescheduling, no-show, or if it becomes impossible for Business to provide the Services due to the fault of Client (or parties related to Client), and Business will not be obligated to refund any monies Client has previously paid towards the Total Cost. Client is not relieved of any payment obligations for canceled Services, rescheduled Services, failing to show up for Service, or should it become impossible for Business to provide the services due to the fault of Client (or parties related to Client) unless the Parties otherwise agree in writing.
11. Force Majeure. In the Service either party is unable to perform its obligations under the terms of this Agreement because of acts of God as defined below, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from:

    a. A natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms or infestation); or b. War, Invasion, Act of Foreign Enemies, Embargo, or other Hostility (whether declared or not); or c. Any hazardous situation created outside the control of either party such as a riot, disorder, nuclear leak or explosion, pandemic or other infectious diseases, including COVID-19 or variants thereof, or act or threat of terrorism.

12. Failure to Perform Services. In the Service cannot or will not perform its obligations in any or all parts of this Agreement, it (or a responsible party) will:

    a. Immediately give Notice to Client via the Notice provisions detailed in this Agreement; and b. Issue a refund or credit based on a reasonably accurate percentage of Services rendered; and c. Excuse Client of any further performance and/or payment obligations in this Agreement.

13. Governing Law and Venue. This Agreement is governed by and shall be construed and enforced in accordance with the laws of the State of Tennessee, without regard to principles of conflict of laws that would require the application of the law of any other state. The Parties hereby declare that it is their intention that this Agreement shall be regarded as made under the laws of the State of [State] and that the laws of said State shall be applied in interpreting its provisions in all cases where legal interpretation shall be required. Any action between the parties arising from this Agreement shall be maintained in the courts of Davidson County, state of Tennessee.
14. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES. EXCEPT AS EXPRESSLY PROVIDED UNDER THIS AGREEMENT, BUSINESS MAKES NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES, FUNCTIONS AND PRODUCTS IT PROVIDES OR IS CONTEMPLATED TO PROVIDE UNDER THIS AGREEMENT AND THE BUSINESS DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR OF FITNESS FOR A PARTICULAR PURPOSE.
15. License and Codes. Business warrants they are a Limited Licensed Plumber (LLP) from the state of Tennessee(ID 4480) and certified for testing and evaluation of backflow prevention assemblies. Business further warrants to follow the International Plumbing Code (“IPC”). Client specifically understands that Business is held to the IBC and will not do any work that violates IPC.
16. Notice and Opportunity to Cure. Client understands and agrees that when an alleged defect, breach, or complaint of the work is discovered, Client shall, before filing an action or instituting a payment dispute, serve written notice to Business within fifteen (15) days of discovery of the alleged defect, breach, or complaint. Within ten (10) business days after service of the notice of claim, Business may inspect to assess the alleged defect, breach, or complaint. Within thirty (30) days after receiving the notice of claim, the Business shall serve a written response which will provide either: a written offer to remedy the claim at no cost, a written offer to remedy the claim with an added cost, a written offer to offer a partial refund and settle the claim, and a written statement disputing the claim and will not remedy. If Business offers to remedy the alleged defect or compromise and settle the claim by monetary payment, the written response must contain a statement that the claimant shall be deemed to have accepted the offer if, within fifteen (15) days after service to the written response, Client does not serve a written rejection of the offer on Business.
17. Mediation. If any dispute arises between the parties concerning the purchase of goods or services, then the parties shall meet to discuss the dispute and shall negotiate in good faith to resolve it. If any dispute arising has not been resolved by the parties within 20 working days after the date the party raising the dispute gave notice of it to the other, then the dispute may be referred to the mediation of a single mediator if the parties can agree upon one, and failing such agreement, to a mediator randomly selected using the Nashville Dispute Resolution Center.
18. Mechanics/Materialmans Lien. Anyone who helps improve your property, but who is not paid, may record what is called a mechanics’ lien on your property. A mechanics’ lien is a claim, like a mortgage or home equity loan, made against your property and recorded with the county recorder. Even if you pay your contractor in full, unpaid subcontractors, suppliers, and laborers who helped to improve your property may record mechanics’ liens and sue you in court to foreclose the lien. Client agrees and acknowledges that, consistent with state law, Business may have a mechanics’ lien claim for unpaid services.

    a. The Business hereby gives notice to the Client of the property to be improved, that the contractor is about to begin improving the property according to the terms and conditions of this Agreement and that under the provisions of the state law (§§ 66-11-101 — 66-11-141) there shall be a lien upon the real property and building for the improvements made in favor of the Business who does the work or furnishes the materials for such improvements for a duration of one (1) year after the work is finished or materials furnished.

19. Severability and Survival. Each provision of this Agreement shall be considered severable, and if for any reason any provision or provisions herein are determined to be invalid, unenforceable, or illegal under any existing or future law, such invalidity, unenforceability or illegality shall not impair the operation of or affect those portions of this Agreement which are valid, enforceable and legal.
20. Notice.  The Business shall, except where otherwise provided in this Agreement, provide at least one (1) month notice should the services outlined in this agreement are no longer able to be provided. Parties shall provide effective notice (“Notice”) to each other via electronic delivery at the date and time which the Notice is sent via the above contact information.
21. Amendment and Change Order. The parties may amend this Agreement only by the parties’ written consent via proper Notice. Subject to the conditions of this provision, changes to any scope of work, estimate, or order form will require a written change order signed or agreed to by the parties in writing prior to implementation of changes. Such changes may include changes to the scope of work and any corresponding changes to the estimated fees and schedule.

a. Change orders with a cost impact of less than $1,000 do not require a signed instrument change order and may be agreed upon by written agreement via email, text, or other written communication provided that the Parties agreement is evident, clear, and explicit. b. Change orders with a cost impact of greater than $1,000 or more must be submitted in writing and must include a detailed description of the changes, the associated costs and timeline impacts, and must be signed, whether electronically or otherwise, by both parties before any changes can be made. Any change order signed by both parties shall be incorporated herein by reference as if it were an exhibit hereto.

22. Merger. This Agreement constitutes the final, exclusive agreement between the parties relating to the services contained in this Agreement. All earlier and contemporaneous negotiations and agreements, either written or verbal, between the parties on the matters contained in this Agreement are expressly superseded by this Agreement.
23. Headings. The headings for each section are for convenience only and shall not affect the meaning of the provisions of this Agreement.