RESPONSIBILITIES AND REPRESENTATIONS OF CUSTOMER
Customer represents that all water and waste disposal systems are in good repair and condition and agrees to hold CLEAR DRAIN (“Company”) harmless for the discovery of any of the following defective conditions.
Leaky or defective traps
Hidden of unknown lead piping
Improper of faulty plumbing
Rusted or defective pipes
Corrosion or unusual restrictions due to minerals or hard water buildup.
Cleaning chemicals such as lye, sulfuric acid etc..
Lines which are settled, broken, deteriorated or damaged.
Existing illegal conditions.
Customer shall indicate all property lines and customer authorized access through other properties for company’s use during work. Customer is required to obtain permission therefore and agrees to be responsible for and to hold Company harmless from any risks thereof.
Customer shall secure work site and prevent entry thereon by children and animals. Customer is required at his expense to do all work and other acts to meet all conditions necessary to allow company to complete the work as provided in this agreement.
RESPONSIBILITIES OF COMPANY – CONDITIONS AND LIMITATIONS
Company shall do all work in a good and workmanlike manure. However this responsibility shall not create any obligations which would expand company’s obligations under the limited warranty. Company is not responsible for any existing illegal conditions. Company in not responsible for any damage caused by the removal of the cleanout cap or drain cover. If in the opinion of company, cleanout cap, drain cover or housing is so rusted, broken of fastened as to require its replacements after removal, Company shall notify customer if customer authorized replacement thereof it shall be made at an additional charge. If customer refused to authorize replacement, company shall not be responsible for damages thereafter resulting from sewer gas, backups, or other leaks through such cap, cover, housing or opening caused by rain or other causes. Company is not responsible for toilets damaged during cleaning.
Company warrants its work to be free from defects in material and workmanship for 30 days and/or the warranty period set forth on the face hereof. All warranties are void if payments is not made when due. Warranties hereunder extend only to customer and are not transferable.
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 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.
FIXTURES AND APPLIANCES AND PUMPS:
Any Fixture, Appliance, or pump installed by Clear Drain Corporation shall have the manufactures warranty only. Clear Drain Corporation is not responsible for said warranty and or any service call or repair needed. These include but not limited to : water heaters, water softeners, sump pumps, circular pumps, vales, faucets, tubs, showers, or water filter systems.
All hydro-jetting and drain cleaning is an attempt only to clear blockages in an existing drain. Clear Drain Corporation is not liable or responsible for roots in pipe, collapsed pipe, crashed or damaged pipes, or pipes not to proper grade. Clear Drain Corporation is not liable or responsible if any of the above said conditions results in damage to house, yard, pipes, or drain machines from attempting to clear out any drain pipe. Any equipment, cable, or houses that cannot be removed from pipe system due to these condition will be owners responsible to remedy and is subject to labor and costs associated with such remedy.
REPIPE LIFETIME WARRANTY:
Clear Drain Corporation warrants the repiping of your home to be free of defects in materials accordance with the following.
For the lifetime of your home, at our option under normal conditions of use and service, all copper pipes and fittings, ABS drainpipes, flexible connectors, angle stops and ball valves, if they prove to be defective, will be supplied at no cost to you. This warranty also covers subsequent service calls relating to repiping workmanship and material defects, as noted above, which will be repaired and/or replaced at no cost to you, for a period of 1 year.
This warranty is limited to original consumer and includes a one time transfer during sale of house for a nominal fee.
To the extent allowed by law, this warranty sets out your exclusive remedies with respect to products covered by it. Clear Drain Corporation shall not be liable for water or other damages relating from any defect or delay in responding to said warranty and shall not be liable for any lost profits, benefits, wages, etc., incidental, special, exemplary, indirect or consequential damages resulting from any work performed, or any problem, whether or not covered by this Lifetime Guarantee and Limited Warranty. It does not apply to pertial installs or on work that has been altered and /or repaired by plumbers other than our own/Clear Drain Plumbing (Clear Drain Corporation).
EXCLUSIONS AND LIMITATIONS CUSTOMER’S RIGHT TO REPAIR AND REPLACEMENT ARE THE EXCLUSIVE REMEDIES AND COMPANY SHALL NOT BE LIABLE FOR INCIDENTS OR CONSEQUENTIAL DAMAGES RESULING FROM THE MATERIALS PROVIDED FOR IN THIS AGREEMENT.
Company is not responsible for the following which are excluded from the coverage of this limited warranty
Commercial or industrial wasted lines unless so indicated on the face hereof.
Detective conditions listed under the above “Responsibilities and Representations of customer”.
Work performed by and materials installed by other not in this agreement.
Defects and failures from mistreatment or neglect.
Defects and failures from intervening causes including but not limited to heavy weight upon sewer lines and plantings growing into sewer lines.
Removal of excess root penetrations which cannot be removed by typical sewer cleaning equipment but require special heavy equipment.
This limited warranty is the only express warranty company gives IMPLIED WARRANTIES, including but not limited to warranties of merchantability and harmless for a particular purpose are limited to duration of 60 days from the date of completion.
PROTECTION OF CUSTOMER’S PROPERTY
Customer agrees to remove or to protect any personal property inside and out including but not limited to carpets, rugs, shrubs and planting and company shall not be held responsible for said items. Not shall company be held responsible for the natural consequences of company’s work which may cause damage to improvements to real property including but not limited to curbs, sidewalks, walks, driveways, garages, patios, lawns, shrubs, sprinkler systems ad other appurtenances to the residence of 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 gated and doors closed for children and animals.
If an arbitration or an action at law or inequity including an action for declaratory relief is brought to enforce of interpret the provision of this agreement the prevailing party shall be entitled to reasonable attorneys fees in addition to any other relief to which the prevailing party may be entitled.
This is the entire agreement the parties are not bound by any oral expression or representation by any agent purporting to act for on their behalf or by any commitment or arrangement not set forth here in the agreement binds joints and severalty all signing as customer their representatives successors and assigns.
CONTRCTOS ARE REQUIRED BY LAW TO BE LICENSED AND REGULATED BY THE CONTRACTORES STATE LICENSE BOARD. ANY QUESTION CONCERNING A CONTRACTOR MAY BE REFEREED TO REGISTORES CONTRACTORS STATES BOARD 9821 BUSINESS PARK DR, SACRAMENTO, CA 95827. MAILING ADDRESS IS P.O.BOX26000, SACRAMENTO, CA 95826
CLEAR DRAIN CORP
TERMS AND CONDITIONS
1. RESPONSIBILITIES OF SELLER CONDITIONS AND LIMITATIONS: Seller shall obtain all permits which are required by governmental authorities. Seller shall do all work in a good and workmanlike manner. However this responsibility shall not create any obligations which would expand seller’s obligation under the limited warranty approval by an inspecting governmental agency. If required is cleaned to be completion of that work in a workmanlike manner. Seller shall be excused from and its time to perform extended for delay or failure to perform work due to acts of god, war, riots or other civil disturbances, strikes, government intervention, non-issuance of all required permits, non- availability of materials, equipment or appliances, rain, rain damage, inclement weather, failure of Buyer to perform Buyer’s obligations hereunder or other reasons beyond Seller’s control. Seller is not responsible for any existing illegal conditions. Seller if not responsible for conditions caused by poor soil, lack of compaction, hillside3 or other slope conditions and may but is not obligated to correct same and any and all such work if required by public bodies shall be paid for by Buyer as additional work
2. RESPONSIBILITIES AND REPRESENTATIONS OF BUYER: Unless otherwise specified, the Cash price is based upon Buyer’s representation that the work site is not filled ground, ground of inadequate bearing capacity, or rock, and that there are no conditions preventing Seller from proceeding with usual procedures and that all existing plumbing work is capable of carrying the extra load caused by Seller’s work. If existing conditions are not as represented thereby necessitating additional excavation, blasting plumbing or other work, the same shall be paid for by buyer as additional work. Any change necessary to conform to existing or future building codes, zoning laws or regulations of inspecting public authorities shall be considered additional work to be paid for by buyer. If Buyer authorized access through other properties for Seller’s use during work Buyer is required to obtain permission therefore and Buyer agrees to be responsible for and to hold Seller harmless from any risks thereof. Buyer shall secure work sit e and prevent entry thereon by children and animals. Buyer is required at his expense to do all work and other acts and to meet all conditions necessary to allow. Seller to complete the work as provided in this Agreement. Buyer shall direct the location of improvements and where such location is used. Seller shall not be liable for incorrect association permits or fees. Buyer is responsible to point out and locate any underground utility lines, water lines, gas lines, or other hidden improvements and Buyer is responsible for any loss of damage thereto caused by Buyer’s failure to so inform seller.
3.FILLED GROUND OR ROCK: Unless specifically included excavation does not contemplate filled ground or ground of inadequate bearing capacity or rock or any other material not removable by ordinary hand tools and back hoes.
4. PROTECTION OF BUYERS PROPERTY: Buyer agrees to remove or to protect any personal property, inside and out including but not limited to carpets, rugs, shrubs and plantings and Seller shall not be held responsible for said items. Nor shall Seller be held responsible for the natural consequences of Seller’s work which may cause damage to improvements to real property including but not limited to curbs, sidewalks, walks, driveways, garages, patios, lawns, shrubs, sprinkler systems and other appurtenances to the residence or other real property. Seller shall not be held responsible for damage to personal property, real property, or any improvements to real property caused by persons delivering material or equipment or keeping gates and doors closed for children and animals.
5. DAMAGE TO WORK AND PREMISES AND CANCELLATION: If any of the following occur from any cause beyond Seller’s control as to make it impracticable to complete the work then either party may elect to cancel the work without liability except that Buyer agrees to pay to Seller an amount equal to the Actual cost of All labor, materials, equipment, and permits already furnished plus 10% of the cost there of (a) substantial damages to the work, (b)destruction of or substantial damages to the premises or structures thereon, or (c)the work is ordered terminated by, public authority. If the work is not cancelled or ordered terminated, all work necessary to replace work already performed shall be considered additional work to be paid for per the preceding sentence.
6. CANCELLATION BY BUYER WITHOUT CASE AND LIQUIDATED DAMAGES: Buyer and Seller agree that if the work should be cancelled at any time before completion it would be impracticable and extremely difficult to fix the actual damages of Seller. If Buyer cancels this Agreement before completion of work under circumstances other that those provided for in paragraph 6 Buyer shall pay Seller an amount equal to the actual cost of all labor, materials, equipment and permits already furnished plus a fee of 24% of the cash price, which the parties agree to be reasonable liquidated damaged due to Seller upon such cancellation.
7. LIMITED WARRANTY: Seller warrants its work to be free from defects in material and workmanship for 30 days and/or the warranty period set forth on the face hereof. Any warranty hereunder extends only to buyer and is not transferable to subsequent purchasers of the real property or to Buyer’s heirs, representatives, successors, or assigns. If a defect in materials or workmanship covered by this warranty occurs, Seller will within 15 calendar days at its option, repair, replace or pay Buyer the cost of repairing or replacing the defective item at no cost to the Buyer. To obtain warranty performance notify Seller of any defect or claims for breach at the address or telephone number of the face hereof or telephone (408) 358-3242. Telephone notice may be given Monday through Friday 9:00am~5:00pm (excluding holidays). Seller is not responsible for the following which are excluded from the coverage of this limited warranty.
(1) Work performed by or materials installed by other not in this agreement
(2) Defects and failures from mistreatment or neglect
(3) Defects and failures from intervening caused including but not limited to improvement causing heavy weight upon sewer lines and plantings growing into sever lines
EXCLUSIONS AND LIMITATIONS- BUYER’S RIGHT TO REPAIR AND REPLACEMENT ARE THE EXCLUSIVE REMEDIES AND SELLER SHALL NOT BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMETED RESULTING FROM THE MATERIALS PROVIEDED FOR IN THIS AGREEMENT
This limited warranty is the only express warranty Seller gives IMPLIED WARRANTIES, including but not limited to warranties of merchantability and times for a particular purpose are limited to duration of 60 days from the date of completion. There are no warranties which extend beyond the ascription on the face hereof.
8. ASSIGNMENT: Seller may assign this Agreement and assign its rights or obligations under or subcontract all or any portion of the work.
9. ARBITRATION: If at any time any controversy shall arise between the parties as to any matters arising out of or relating this Agreement the formation or validity thereof its performance or the breach thereof which the parties do not promptly adjust and determine said controversy shall be decided by arbitration administered under the Construction Industry Rules of the American Arbitration Association the obtaining unless waived. This agreement to arbitrate shall be specifically enforceable under prevailing arbitration law. The arbitrator’s award shall be final and judgment may be entered upon it in any court having jurisdiction thereof.
10. ATTORNEY’S FEE: If an arbitration or an action at law or in equity including and action for declaratory relief is brought to enforce or interpret the provision to this Agreement the prevailing party shall be entitled to reasonable attorney’s fee in addition to any other relief to which the prevailing party may be entitled.
11. NOTICES: See attached Notice to Owner. Unless Seller is lawfully excused from commencing work failure by the Seller to substantially commence work within twenty (20) days from the approximate date specified in the contract when work will begin is a violation of the contractor’s License Law.
CONTRACTORS ARE REQUIRED BY LAW TO NBE LICENSED AND REGILATED BE THE CONTRACTOR’S STATE BOARD. ANY QUESTIONS CONCERNING A CONTRACTOR MAY BE REFERRED TO THE REGISTRAR. CONTRACTOER’S STATE LICESED BOARD P.O.BOX 26000, SACRAMENTO, CA 95826-0026
SIGNATURE(S) ON THE REVERSE SIDE HEREOF, MEAN THAT EACH BUYER HASD READ, UNDERSTOOD AND APPROVED ALL OF THE TERMS AND CONDITONS THEREOF. EACH BUYER REPRESENTS THAT THIS IS THE ENTIRE CONTRACT AND THAT NO PROMISE WAS MADE WHICH IS NOT CONTAINED HEREIN.
NOTICE TO OWNER
Under the California Mechanics Lien Law any contractor, sub-contractor, laborer, supplier or other person who helps to improve your property, but is not paid for his/her work or supplies, has a right to enforce a claim against your property. This means that after a court hearing, your property could be sold be a court officer and the proceeds of the sale used to satisfy the indebtedness. This can happen even if you have paid your contractor
in full if the sub-contractors, laborers or suppliers remain unpaid.
To preserve their right to file a claim or lien against your property, certain claimants such as sub-contractors or material suppliers are required to provide you with a document entitled “Preliminary Notice.” Original (or prime) contractors and laborers for wages do not have to provide this notice. A preliminary Notice is not a lien against our property. Its purpose is to notify you of persons who may have a right to file a lien against your
property if they are not paid. (Generally, the maximum time allowed for filing a claim or lien against your property is ninety (90)days after completion of your project.)
TO INSURE EXTRA PROTECTION FOR YOURSELF AND YOUR PROPERTY, YOU MAY WISH TO
TAKE ONE OR MORE OT THE FOLLOWING STEPS:
1. Require that your contractor supply you with a payment and performance bond (not a license bond), which provides that the bonding company will either complete the project or pay damages up to the amount of the bond. This payment and performance bond as well as a copy of the construction
contract should be filed with the county recorder for your further protection.
2. Require that payments be made directly to sub-contractors and material suppliers through a joint control agreement should include the addendum approved by the Register of Contractors.
3. Issue joint checks for payment, made out to both your contractor and sub-contractors or material suppliers involved in the project. This will help to insure that all persons due payment are actually paid.
4. After making payment on any completed phases of the project, and before making any further payments, require your contractor to provide you with unconditional lien releases signed by each material supplier, sub-contractor and laborer involved in that portion of the work for which payment
was made. On projects involving improvements to a single family residence or a duplex owned by individuals, the persons signing these releases lose the right to file a claim against your property. In other types of construction this protection may still be important, but may not be as complete.
TO PROTECT YOURSELF UNDER THIS OPTION YOU MUST BE CERTAIN THAT ALL MATERIAL SUPPLIERS, SUB-CONTRACTORS OR LABORERS HAVE SIGNED.
CLEAR DRAIN CORP