Terms & Conditions

THE DOWN PAYMENT MAY NOT EXCEED $1,000 OR 10% OF THE CONTRACT PRICE, WHICHEVER IS LESS.

 

Authorization of Work-Payment of this invoice/contract due upon completion of work.

Authorization to proceed with above recommendation I, the undersigned, am owner/authorized representative/tenant of the premises at which the work mentioned above is to be done at. I hereby authorize you to perform Recommendation, and to use such labor and materials as you deem advisable. I agree that the amount set forth on this contract in the space labeled “contract price” to be the total and complete Contract Price/minimum charge. I agree to pay reasonable attorney’s fee and court costs in the event of legal action. I have read this contract, including the terms and conditions on the following pages hereof and agree to be bound by all of the terms contained herein. I have received a copy of this contract and Notice to Owner. All parts will be removed from premises and discarded unless otherwise specified herein. Contract Price will be honored for a period of 30 days.

 

I hereby authorize you to proceed with the above work at the Contract Price of $____________

 

AUTHORIZED SIGNATURE__________________ DATE___________________

 

PRINT NAME ____________________________________________________

 

Credit Card Number______________________________________________

 

Billing Zip Code ________________

 

V-Code________

 

Expiration Date_______________

 

I do hereby state that the above work has been installed in a workmanlike manner and to the applicable building codes.

 

Date_______________

 

Service Technician Name_____________________________

 

Service Technician Signature__________________________

 

You, the homeowner(buyer) or tenant have the right to require the contractor to furnish you with a performance and payment bond, however the contractor can require you to pay for that bond.

 

You are entitled to a completely filled in copy of this agreement, signed by both you and the Contractor, before any work may be started.

The law requires that the Contractor gives you a notice explaining your right to cancel. Initial “Notice of the Three-Day Right to Cancel.” ____________(Initials)

 

Acceptance of Work Performed- I find the service and materials rendered and installed in connection with the above mentioned, to have been completed in a satisfactory manner. I agree that the amount set forth on this contract in the space labeled “CONTRACT PRICE” to be the total and complete Contract Price/minimum charge. I agree to pay reasonable attorney’s fee and court costs in the event of legal action. A monthly service charge of 1 ½% will be added after 10 days. If not collected in full, National Plumbing reserves the right to record a mechanic’s lien against this property. The processing service charge is $200.00. All deposits progress payments are non-refundable. I acknowledge that I have read and received legible copy of this contract and have read the Notice to Owner, and statement required on contract. No cash refund, store credit only.

ACCEPTANCE SIGNATURE                                      DATE

 

 

 

SCHEDULE OF PROGRESS PAYMENTS:

The schedule od progress payments must specifically describe each phase of work, including the type and amount of work or services scheduled to be supplied in each phase, along with the amount of each phase, along with the amount of each proposed progress payment. IT IS AGAINST THE LAW FOR A CONTRACTOR TO COLLECT PAYMENT FOR WORK NOT YET COMPLETED, OR FOR MATERIALS NOT YET DELIEVERED. HOWEVER, A CONTRACTOR MAY REQUIRE A DOWNPAYMENT.

 

CONTRACTOR PRICE

 

DOWNPAYMENT

 

PROG. PAYMENT 1

 

 

 

BALANCE DUE

 

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TERMS AND CONDITIONS

 

1. DEFINITIONS

• The term “Contractor” herein refers to National Plumbing Inc. and its associates.

• The term “Customer” herein refers to person/agent whom the Contractor is rendering its services.

 

   2. SITE CONDITIONS

• 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.

• 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 vegetarian 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.

 

   3. LIMITED WARRANTY

• Contractor warrants its materials and workmanship to be free from defects for one year after performance, unless otherwise specified in writing. This warranty does not cover faults caused by misuse; negligence; or damage caused by acts of God including, but not limited to earthquake. In the event that a manufacturer offers a warranty, said warranty shall negate and supersede Contractor’s warranty. This warranty is the only warranty by Contractor to Customer, and is in lieu of all other warranties, expressed or implied.

• Customer shall telephone Contractor with twenty four (24) hours of discovery of any warranty claim. Contractor will respond with reasonable promptness between the hours of 8:30 a.m. to 4:30 p.m. Monday through Friday, excluding holidays.

• Contractor shall not be liable for electrical or other damages relating to drywall, stucco, roof, carpet, tile, floor, windows, fixtures, plumbing, furniture and personal property from any defect or delay in responding to said warranty. Customer must take reasonable steps to mitigate damages.

• Contractor 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.

 

   4. 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 Contractor and further agrees to pay for any labor or materials, including repair to damages equipment of Contractor caused by such conditions and/or circumstances.

• 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 consequential damages, arising out or as a result from the performance of Contractor work involving, affecting, or relating to such unforeseen or concealed conditions regardless of whether such damages are caused in part by Contractor.

• 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 substances removal and Contractor shall have no responsibility whatsoever and Customer expressly releases Contractor 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 in 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 on the Customer’s property concerning asbestos or other hazardous materials or substances, all work by Contractor will cease until such time as Customer’s property concerning asbestos or other hazardous materials or substances, all work by Contractor will cease until such time as Contractor 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-Contractor recommends that you hire a professional water damage restoration company to clean and treat an area that water damage or as a result of work performed. Contractor is not responsible for any damage or ill health caused by mold. Customer agrees to waive all claims against Contractor that may be related to such work.

• 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 does not exceed the cost of the maintenance agreement.

 

 

   5. SOLUTIONS NOT PERFORMED

If suggested options are not chosen by the and a failure is experienced, the is held harmless.

 

   6. STOPPAGES

• Contractor will not clean any drain line or sewer lines through 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.

 

   7. LICENSE, PERMITS, AND FEES

• Customer shall furnish and pay for, at their 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. Contractor will provide an additional/Contract Price for that work.

• All notices related to work performed by the Contractor which is sent to the property owner must be forwarded to the Contractor and a reasonable amount of time allowed for the process.

 

   8. PAYMENT

• All work is done on fixed Contract 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, unless otherwise specified in writing.

• No deduction shall be made from payments due 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 the Contractor terminates work for non-payment as herein described, Contractor shall be entitled to all of it 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 monthly service charge of 1-1/2% will be added after 10 days. Customer agree to pay reasonable attorney’s fee and court costs in the event of the check, in no case more than $1,500 and in no case less than $100 all set forth in the California Civil Code Section 1719, plus the face value of the check and court costs.

• Upon satisfaction 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 work a full and unconditional release from any claim of mechanic’s lien for any person entitled to make such a claim of lien pursuant to Sections 8400 & 8404 of the Civil Code, for the portion of the work for which payment has been made.  

 

    9. RIGHT TO TERMINATE IN EVENT OF DISPUTE

In the event of a dispute between and, agree that the immediately terminate the work described herein. In the event of such termination, 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 after contract has been signed, is entitled to a minimum fee of 10% or $1000 whichever is less. In the event of cancelation by after work has commenced, is entitled to 10% or payment for work performed, whichever is more.

 

   10. NOTICE OF DEFEFCTIVE WORK

Upon completion of the work, agrees to exercise due diligence in inspecting the work for defective workmanship and materials. agrees to notify within forty-eight (48) hours of completion of the work described here under of all defective work, if any. agrees that upon discovery of any allegedly defective work, shall immediately call r the first opportunity to repair the allegedly defective work shall void all warranties, express and implied hereunder. agrees and recognizes that they shall not withhold any payments for allegedly defective work. is not responsible for reimbursement for work performed by any other company or individual.

 

    11. 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 in writing. Unless otherwise stated, paint, plaster, stucco, and landscaping are the responsibility of Customer.

 

    12. SCOPE OF AGREEMENT

This agreement represents the entire and integrated agreement between and and supersedes all prior negotiations, representations or agreements, either oral or written. This agreement may be amended only by written instrument offered by and accepted by .

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NOTE ABOUT EXTRA WORK AND CHANGE ORDERS

 

                Extra Work and Change Orders become part of the contract once the order is prepared in writing and signed by the parties prior to the commencement of work covered by the new change order. The order must describe the scope of the extra work or change, the cost to be added or subtracted from the contract, and the effect the order will have on the schedule of progress payments.

 

                You, the buyer, may not require a contractor to perform extra and/or change-order work without providing written authorization prior to the commencement of any work covered by the new change order.

 

                Extra work or change order is not enforceable against a buyer unless the change order also identifies all of the following in writing prior to the commencement of any work covered by the new change order:

1. The scope od work compassed by the order.

2. The amount to be added or subtracted from the contract.

3. The effect the order will make in the progress payments or the completion date.

 

The contractor’s failure to comply with the requirements of this paragraphs does not preclude the recovery

Compensation for work performed based upon legal or equitable remedies designed to prevent unjust enrichment.

 

                Change orders required by the building department at the jobsite shall be considered and incorporated into the contract without being signed by both parties.

 

 

Mechanics Lien Warning

 

Mechanics 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 mechanics liens and sue you in court to foreclose the lien. If a court finds the lien is valid, you could be forced to pay twice or have a court officer sell your home to pay the lien. Liens can also affect your credit. To preserve their right to record a lien, each subcontractor and material supplier must provide you with a document called a ‘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.

 

BE CAREFUL. The Preliminary Notice can be sent up to 20 days after the subcontractor starts work or the supplied provides material. This can be a big problem if you pay your contractor before you have received the Preliminary Notices. You will not get Preliminary Notices from your prime contractor or from laborers who work on your project. The law assumes that you already know they are improving your property.

 

PROTECT YOURSELF FROM LIENS. You Can protect yourself from liens by getting a list from your contractor of all the subcontractors and material suppliers that work on your project. Find out from your contractor when these subcontractors started work and when these suppliers delivered goods or materials. Then wait 20 days, paying attention to the Preliminary Notices you receive.

 

PAY WITH JOINT CHECKS. One way to protect yourself is to pay with a joint check. When your contractor tells you it is time to pay for the work of a subcontractor or supplier who has provided you with a Preliminary Notice, write a joint check payable to both the contractor and the subcontractor or material supplier. For other ways to prevent liens, visit CSLB’s Web site at www.cslb.cs.gov or call CSLB at 800-321-CSLB (2752).

 

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.

 

 

Information About the Contractors’ State License Board (CSLB): CSLB is the state consumer protection agency that licenses and regulates construction contractors. Contact CSLB for information about the licensed contractor you are considering, including information about disclosable complaints, disciplinary actions and civil judgments that are reported to CSLB. Use only licensed contractors. If you file a complaint against a licensed contractor within the legal deadline (usually four years), CSLB has authority to investigate the complaint. If you use an unlicensed contractor, CSLB may not be able to help you resolve your complaint. Your only remedy may be in civil court, and you may be liable for damages arising out of any injuries to the unlicensed contractor or the unlicensed contractor’s employees.

For more information:

Visit CSLB’s Internet Web site at: www.cslb.ca.gov

Call CSLB at: 800-321-CSLB (2752)

Write: CSLB at P.O. Box 26000, Sacramento, CA 95826

 

CALIFORNIA STATE LAW, UNDER SECTION 1689.7 OF THE CALIFORNIA CIVIL CODE, REQUIRES THAT YOU BE GIVEN THE FOLLOWING NOTICE (NOT APPLICABLE ON COMMERCIAL OR INCOME PROPERTY)

 

 

THREE-DAY RIGHT TO CANCEL

You, the Buyer, have the right to cancel this contract within three business days. You may cancel by e-mailing, mailing, or delivering a written notice to the contractor at the contractor’s place of business by midnight of the third business day after you received a signed and dated copy of the contract that includes this notice, Include your name, yiour address, and the date you received the signed copy of the contract and this notice.

 

                If you cancel, the contractor must return to you anything you paid within 10 days of receiving the notice of cancellation. For your part, you must make available to the contractor at your residence, in substantially as good condition as you received them, any goods delivered to you under this contract or sale. Or, you may, if you wish, comply with the contractor’s instructions on how to return the goods at the contractor’s expesnse and risk. IF you do make the goods available to the contractor and the contractor does not pick them up within 20 days of the date of your notice of cancellation, you may keep them without any further obligation. If you fail to make the goods available to the contractor, or if agree to return the goods to the contractor and fail to do so, then you remain liable for performance of all obligations under the contract.”

I,___________________________________________________________________________________________________(Buyer)

 

Hereby acknowledge that on____________________________________________________________________________(Date)

I was providing this document entitled “Three-Day Right to Cancel”.

 

Buyer’s Signature___________________________________________________________________________________________

 

 

 

WAIVER OF RIGHT TO CANCEL

                I have entered into a contract in connection with emergency repairs or service, for the immediate protection of persons or real and personal property with National Plumbing. Waiting three days to have repairs or service would place an undue, unwanted burden upon myself, I hereby state that the following emergency situation exsists, requiring immediate attention:

 

 

               

Pursuant to Section 1689.13 of the California Civil Code, I acknowledge and hereby waive all rights to cancel this transaction within three (3) business days. I understand that regardless of whether work has started or not, after I waive all rights to cancel this transaction, I may not subsequently exercise this waived right.

 

Buyer’s Signature_________________________________________________________________Date_______________________

 

NOTICE OF CANCELLATION

 

DATE:___________________________

You may cancel this transaction, without any penalty or obligation, within three business days from the above date.

                If you cancel, any property traded in, any payments made by you under the contract or sale, and any negotiable instrument executed by you will be returned within 10 days following receipt by the Seller of your cancellation notice, and any security interest arising out of the transaction will be canceled.

                If you cancel, you must make available to the Seller at your residence, in substantially good condition as when received, any goods, delivered to you under contract or sale, or you may, if you wish, comply with the instructions of the Seller regarding the return shipment of the goods at the Seller’s expense and risk.

                If you for make the goods available to the Seller and the Seller does not pick them up within 20 days of the date of your notice of cancellation, you may retain or dispose of the goods without any further obligation. If you fail to make the goods available to the Seller, or if you agree to return the goods to the Seller and fail to do so, then you remain liable for performance of all obligations under the contract.

                To cancel this transaction, mail or deliver a signed and dated copy of this cancellation notice, or any other written notice, or send a telegram to:

NATIONAL PLUMBING

17216 Saticoy Street, Suite 269, Van Nuys, CA 91406

Not later than midnight of _______________________(Date)

I hereby cancel this transaction_______________________(Date)

 

Buyer’s Signature____________________________________________________________

Commercial General Liability Insurance (CGL)

 

                National Plumbing carries Commercial General Liability Insurance written by Scottsdale Insurance Company

You may call Harut at 818-502-3233 to check the contractor’s insurance coverage.

 

Workers’ Compensation Insurance

 

National Plumbing does not carry Workers’ Compensation Insurance because there is no employee.