Terms and Conditions
Customer represents and warrants that, except as described in the request for service, all plumbing and drain systems are in good repair and condition and agrees to hold Company harmless of discovery of defective conditions, including but not limited to the following:
- Improper or faulty plumbing
- Rusted or defective pipes
- Acids in the drain system
- Lines that are settled or broken
- Existing Non code compliant conditions
- Defective roofing
- Improperly charged systems
- Faulty air movement
- Electrical defects
Company shall do all work in a workmanlike manner. Company is not responsible for any non-code compliant or defective conditions.
Limited Warranty
Upon payment in full by Customer, Company warrants all plumbing work to be free from defects in material and workmanship for the warranty period of (90) days from completion unless otherwise stated in writing. All drain stoppages are warranted for a period if thirty (30) days from the completion unless otherwise stated in writing.
NO OTHER EXPRESS WARRANTIES AND NO IMPLIED WARRANTIES OF ANY TYPE, WHETHER OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, TITLE OR OTHERWISE, OTHER THAN THOSE EXPRESSLY SET FORTH HEREIN (WHICH ARE MADE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES) SHALL APPLY TO THE PRODUCT AND SERVICES HEREIN. Limited Warranty for the benefit of customer only and are not transferable.
If a defect in materials or workmanship covered by the warranty occurs, Company will, with reasonable promptness during normal business hours, remedy the defect. In no event shall Company be held liable for water or other damage caused by any delay in remedying a defect. To obtain warranty performance, notify Company of any defect or claims for breach at the address and telephone number on the face hereof or telephone corporate headquarters at 1-636-530-7555.
Limitation of Liability. The Company will not be liable for any indirect, special, consequential, or punitive damages (including lost profits) arising out of or relating to this agreement or the transactions it contemplates (whether for breach of contract, tort, negligence, or other form of action) and irrespective of whether the Customer has been advised of the possibility of any such damage. In no event will the Company’s liability exceed the price the Customer paid to the Company for the specific goods and services provided by the.
Company is not responsible for the following which are excluded from the coverage of this limited warranty:
- Defective conditions listed under the above “Responsibility of Customer”,
- Work performed by or materials installed by others not in this agreement,
- Defects and failures from mistreatment or neglect.
- If pricing includes excavation it is based on favorable conditions. If conditions such as rock formations, debris, high water table, or any other unforeseen conditions requiring additional materials, time and labor are encountered the responsible individual will be notified before continuation of work and any additional costs will be added to the price of the project.
- Repair of flooring, trim, drywall, wall coverings, paint, …etc. required to be removed to make installations or repair.
Protection of Customer’s Property
Customer agrees to remove or protect any personal property, real property, inside and out, including but not limited to, carpets, rugs, shrubs, and planting, and Company shall not be responsible for said items. Nor shall Company be held responsible for the natural consequences of Company work which may cause damage to improvements to real property including, but not limited to, curbs, sidewalks, driveways, garages, patios, lawns, shrubs, sprinkler systems, wallpaper, drywall, stucco, tile, cabinets and other appearances to the residence or other real property.
Company shall not be held responsible for damage to personal property, real property, or any improvements to real property caused by persons delivering materials or equipment or keeping gates and doors closed for children and animals.
Payment
Payment for material and services provided is expected at completion of services or as agreed to in writing in advance of any work being performed. Deposits for specific orders may be required to continue with booking of plumbing service appointment(s) and/or purchase of project specific materials. Any unpaid amounts not paid at time of completion, or as previously agreed to in writing, shall be subject to a Late Payment Fee of 1.5% per month calculated from original due date. Checks returned for nonsufficient funds shall be subject to a Returned Check Fee of $15 plus any applicable bank fee charged to Armstrong Plumbers Corporation. Customer shall reimburse Armstrong Plumbers Corporation for the costs of collection, including, without limitation, reasonable attorneys’ fees, of any overdue amount owed by Customer to Company, and such collection costs shall also be subject to the carrying charges. Customer may not hold back or set-off any amounts owed to Company in satisfaction of any claims asserted by Purchaser against Seller.
Termination
Armstrong Plumbers Corporations may terminate the contract either for cause, arising from the Customer’s inability or refusal to pay invoices on a timely basis, or alternatively, from Customer’s failure to agree to a change order arising from differing site conditions identified after commencing the Work that make the contemplated Work unpractical to perform. The Customer may terminate the contract prior to completion of the Work, but shall pay Armstrong Plumbers Corporation for completed Work that has not been paid, and for all resulting direct and incidental costs and damages including materials purchased specifically for this Invoice or Proposal.
Permit Fees. Permit fees are not included, unless otherwise noted in Invoice or Proposal, and will be at an additional cost which owner agrees to pay.
A party bringing a legal action or proceeding against the other party arising out of or relating to this agreement or the transactions it contemplates must bring the legal action or proceeding in any court of the State of Missouri sitting in St. Charles County. Each party to this agreement consents to the exclusive jurisdiction of the courts of the State of Missouri sitting in St. Charles County and its appellate courts, for the purpose of all legal actions and proceedings arising out of or relating to this agreement or the transactions it contemplates.
NOTICE TO OWNER
FAILURE OF THIS CONTRACTOR TO PAY THOSE PERSONS SUPPLYING MATERIAL OR SERVICES TO COMPLETE THIS CONTRACT CAN RESULT IN THE FILING OF A MECHANIC'S LIEN ON THE PROPERTY WHICH IS THE SUBJECT OF THIS CONTRACT PURSUANT TO CHAPTER 429, RSMO. TO AVOID
THIS RESULT YOU MAY ASK THIS CONTRACTOR FOR "LIEN WAIVERS" FROM ALL PERSONS SUPPLYING MATERIAL OR SERVICES FOR THE WORK DESCRIBED IN THIS CONTRACT. FAILURE TO SECURE LIEN WAIVERS MAY RESULT IN YOUR PAYING FOR LABOR AND MATERIAL TWICE.
CONSENT OF OWNER
CONSENT IS HEREBY GIVEN FOR FILING OF MECHANIC'S LIENS BY ANY PERSON WHO SUPPLIES MATERIALS OR SERVICES FOR THE WORK DESCRIBED IN THIS CONTRACT ON THE PROPERTY ON WHICH IT IS LOCATED IF HE IS NOT PAID.