TERMS & CONDITIONS
AUTHORIZATION TO START WORK
I have reviewed the estimated cost of the proposed work to be completed on my property. I agree to pay for all work completed on my property by Tony The Plumber Corp. at my request. I am aware of the terms and conditions of this agreement and expressly agree to all the terms contained therein. I understand the above is an estimate and not a guaranteed figure for the completion of work on my home. I understand that Tony The Plumber Corp. will only perform the work outlined above unless it obtains a further agreement from me.
Terms and Conditions to be displayed when clicked or attached to the invoice.
- DEFINITIONS. The term Customer herein refers to person/agent whom Tony The Plumber Corp. is rendering its services.
- SITE CONDITIONS. If Tony The Plumber Corp. must obtain access to other properties in the course of work,Tony The Plumber Corp. shall secure permission for such and hold harmless and indemnify Tony The Plumber Corp. 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. Customer shall secure, remove and protect all property, and its contents, including, but not limited to, adults, children, animals, cabinets, fixtures, flooring, walls, tiling, carpets, drapes, furniture, and vegetation during and upon completion of work and shall hold harmless and indemnify Tony The Plumber Corp., its employees and agents against all claims arising out of Customer is failure to do so.
- LIMITED WARRANTY. Tony The Plumber Corp. 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, earthquakes. There is no warranty on drain cleaning or refrigerant leaks. In the event that a manufacturer offers a warranty, said warranty shall negate and supersede Tony The Plumber Corp. warranty. This warranty is the only warranty by Tony The Plumber Corp. to Customer, and is in lieu of all other warranties, expressed or implied. Customers shall call Tony The Plumber Corp. within twenty-four hours (24) of discovery of any warranty claim. Tony The Plumber Corp. will respond with reasonable promptness between the hours of 8:30 a.m. to 4:30 p.m. (Pacific Time) Monday through Friday, excluding holidays.Tony The Plumber Corp. shall not be liable for water or other damage relating from any defect or delay in responding to said warranty. Customers must take reasonable steps to mitigate damages. Tony The Plumber Corp. 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.
- 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 Tony The Plumber Corp. and further agrees to pay for any labor or materials, including repair to damaged equipment of Tony The Plumber Corp. and other plumbing caused by such conditions and/or circumstances. It is the intent of this provision to make Customer responsible (1) for all unforeseen and concealed conditions; and (2) for that which Tony The Plumber Corp. cannot control. Accordingly, Customer further agrees to hold Tony The Plumber Corp. harmless and shall indemnify and defend Tony The Plumber Corp. and 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 Tony The Plumber Corp. work involving, affecting, or relating to such unforeseen or concealed conditions, regardless of whether such damages are caused in part by Tony The Plumber Corp.Asbestos or other Hazardous Materials Remediation Work Tony The Plumber Corp. 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. Tony The Plumber Corp. does not perform asbestos or other hazardous materials or substance removal and Tony The Plumber Corp. shall have no responsibility whatsoever and Customer expressly releases Tony The Plumber Corp. from any liability whatsoever and for any claims arising out of its presence, release, remediation or removal and 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 Tony The Plumber Corp. 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 Tony The Plumber Corp. 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. Mold or Mold Spores Tony The Plumber Corp. recommends that you hire a professional water damage restoration company to clean and treat an area that has water damage or as a result of work performed.Tony The Plumber Corp. is not responsible for any damage or ill health caused by mold. Customer agrees to waive all claims against Tony The Plumber Corp. that may be related to such work. If for any reason, a maintenance visit is not performed either because of Tony The Plumber Corp. or because of the maintenance agreement Customer, the monetary value does not exceed the cost of the maintenance agreement.
- SOLUTION NOT PERFORMED. If suggested options are not chosen by the Customer and a failure is experienced, Tony The Plumber Corp. is held harmless.
- STOPPAGES. Tony The Plumber Corp. will not clean any drain line or sewer lines through a roof vent, if deemed unsafe. 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 clean up is the responsibility of the Customer.
- 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 administrative 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 works not related to our original contract, the work is the responsibility of the Customer.
Tony The Plumber Corp.will provide an additional UPFRONT PRICE for that work. All notices related to work performed by the Tony The Plumber Corp. which are sent to the property owner must be forwarded to Tony The Plumber Corp. and a reasonable amount of time allowed for the process.
- PAYMENT. All work is done on a fixed UP FRONT PRICE. The price includes Materials, Tax and Labor. NO BREAKDOWN WILL BE PROVIDED! Payment for the work described herein this Agreement shall be immediately due upon completion of the work. Tony The Plumber Corp. will charge a $25 fee for all returned checks. No deduction shall be made from payments due to Tony The Plumber Corp. on account of penalties, 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 Tony The Plumber Corp. when due is an express condition precedent to Tony The Plumber Corp. continuing work as herein described in this Agreement. Customer recognizes that the failure to pay for services when due shall entitleTony The Plumber Corp. to terminate work immediately. In the event thatTony The Plumber Corp. terminates work for non-payment as herein described, Tony The Plumber Corp. 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. All warranties will be void. A credit card will be required to be put on file when making a scheduled appointment. This card will not be charged until the work has been completed and Customer has signed off on the invoice. Tony The Plumber Corp. will charge a service fee if we show up to the service property and we are unable to reach the Customer. The Customer agrees to these terms and understands why such a fee will be charged. Payment type can be changed to credit card, cash, or check once Tony The Plumber Corp. has completed the work. Owner/Tenant situations - Tony The Plumber Corp. will only schedule an appointment with the property Owner. The Owner will need to make contact with the tenant for the scheduling of all necessary repairs. Tony The Plumber Corp. will not be responsible in doing so. Tony The Plumber Corp. will provide to the Owner all estimates for proposed work, then Tony The Plumber Corp. will get a verbal authorization and duly note the situation on the invoice. The Owner is responsible for invoice payment.
- RIGHT TO TERMINATE IN the EVENT OF DISPUTE. In the event of a dispute between Tony The Plumber Corp. and Customer, Tony The Plumber Corp. and Customer agree that Tony The Plumber Corp. immediately terminate the work described herein. In the event of such termination, Tony The Plumber Corp. shall be entitled to payment for all services rendered including costs of all labor, materials, reasonable profit and overhead. In the event of cancellation by Customer after the contract has been signed, Tony The Plumber Corp. is entitled to a minimum fee of 10% or $1000 whichever is less. In the event of cancelation by Customer after work has commenced, Tony The Plumber Corp. 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 Tony The Plumber Corp. within forty-eight (48) hours of completion of the work described here under all defective work, if any. Customer agrees that upon discovery of any allegedly defective work, Customer shall immediately call Tony The Plumber Corp. , who shall have the first opportunity to repair the allegedly defective work. The failure to allow Tony The Plumber Corp. the first opportunity to repair the allegedly defective work shall void all warranties, expressed and implied here under. Customer agrees and recognizes that they shall not withhold any payments for allegedly defective work. Tony The Plumber Corp. is not responsible for reimbursement for work performed by any other company or individual.
- SERVICES NOT COVERED. Tony The Plumber Corp. 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 in writing. Unless otherwise stated; paint, plaster, stucco, and landscaping are the responsibility of the Customer. Tony The Plumber Corp., Inc. P.O. Box 70128 Pasadena, CA 91117 (877) 240-7654 https://tonytheplumbercompany.com/
- SCOPE OF AGREEMENT. This agreement represents the entire and integrated agreement between Customer and Tony The Plumber Corp. and supersedes all prior negotiations, representations or agreements, either oral or written. This agreement may be amended only by a written instrument offered by Tony The Plumber Corp. and accepted by the Customer.
- NOTICE. Tony The Plumber Corp. is required by law to be licensed and regulated by the Contractors' State License Board which has jurisdiction to investigate complaints against Tony The Plumber Corp. if a complaint regarding a patent act or omission is filed within four years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to any structural defects must be filed within ten years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors' State License Board, P.O. Box 26000, Sacramento, California 95826.Send all correspondence to: Tony The Plumber Corp., P.O. Box 70128, Pasadena, CA 91117.
- Force Majeure Clause: If the Plumbing Project is delayed at any time in the commencement or progress of the work by any cause beyond the control of Tony The Plumber, Corp. then the “Plumber” Tony The Plumber Corp. will be entitled to an equitable extension of the contract time. Please be aware that causes beyond the control of Tony The Plumber, Corp. include, but are not limited to, epidemics/pandemics such as the Coronavirus “Covid19”, transportation delays not reasonably foreseeable, changes or omissions in work ordered by the owner, encountering hazardous materials without anticipation, a fire and adverse government action.
- Epidemic Clause: In the event of an epidemic, any materials needed to perform and complete the Plumbing Project may be limited or increase in price. The initial price estimate given may change due to the supply and demand of equipment and materials. Delays beyond the control of Tony The Plumber, Corp. include, but are not limited to, understaffing due to illness, government closures/quarantines or restrictions and following health and safety obligations associated with COVID-19 and/or any State or Federal declared emergencies.
- Testimonials Disclosure
Unique experiences and past performances do not guarantee future results. Testimonials herein are unsolicited and are non-representative of all clients; certain accounts may have worse performance than that indicated.
Mechanic's Lien Warning
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 a mechanics lien and sue you in court to foreclose the lien. If a court finds the lien is valid, you preserve their right to record a lien, each subcontractor and material supplier must provide you with a document called a 20 Day Preliminary Notice. this notice is not a lien. The purpose of the notice is to let you know that the person who sends you the notice has the right to record a lien on your property if he or she is not paid. Protect yourself from liens. You can protect yourself from liens by getting a list of all subcontractors, laborers and suppliers that work on your project. Make sure every person has been paid in full after completion of each phase in writing. Remember, If you do nothing, You risk having a lien placed on your home. This can mean that you may have to pay twice, or face the forced sale of your home to pay what you owe.
Tony The Plumber Corp., P.O. Box 70128 Pasadena, CA 91117
Phone: (877) 240-7654 ;
COMPLETION ACCEPTANCE OF WORK PERFORMED
I acknowledge satisfactory completion of the work designated on this invoice and that the premises have been left in a satisfactory condition. I understand that if my check does not clear, I am liable for the check and any charges from the bank. I agree to pay 1.5% per month for past due amounts (minimum charge $30). In the event that the collection efforts are initiated against me, I shall pay for all associated fees at the posted rates as well as all attorneys fees and collection costs. I agree that the amount set forth in the space marked.
Total is the total price I have agreed to pay today.
In the event if I am unsatisfied with the work, I will contact this company prior to posting to any online forums, websites, social media, or review sites. I agree to give Tony The Plumber Corp. the opportunity to address my un-satisfaction.
Any comment or review posted anywhere on the internet must be removed immediately until Tony The Plumber Corp. is contacted via phone call to (877) 240-7654, and you have spoken directly with the OWNER to address the issue. In the event that my grievances cannot be resolved to my satisfaction, I agree to post the full story of our conversation and interaction with any social media posting (which includes reviews to Yelp!, Home Advisor, Angie's List, Google, Facebook, etc.). If my comments and/or reviews are missing the complete story, the post must be immediately removed and will result in legal action by Tony The Plumber Corp.
Send all correspondence to:
Tony The Plumber Corp.
P.O. Box 70128, Pasadena, CA 91117
All rights reserved by Tony The Plumber Corp.
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When it comes to all your plumbing needs, Tony the Plumber Corp., ensures the most reliable solutions, the most extensive range of services, and the most experienced team in the local area.