In addition to any manufacturer’s warranty on equipment or parts, Rooter Hero Plumbing (“CONTRACTOR”) warrants its workmanship to be free from defects for one year after performance, unless otherwise specified in writing, except warranty on drain cleaning is 30 days. The warranty does not cover faults caused by misuse, negligence, or damage caused by acts of God, including, but not limited to, earthquake.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 within twenty-four hours (24) of discovery of any warranty claim. CONTRACTOR shall not be liable for water or other damage relating 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.
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 damaged equipment of CONTRACTOR 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 CONTRACTOR cannot control. Accordingly, CUSTOMER further agrees to hold CONTRACTOR harmless and shall indemnify and defend CONTRACTOR 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 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 substance 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 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 CONTRACTOR 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 CONTRACTOR 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.
RECOMMENDATION NOT PERFORMED:
If suggested options are not chosen by the CUSTOMER and a failure is experienced, CONTRACTOR is held harmless.
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 the administration 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 work not related to our original contract, that work is the responsibility of the CUSTOMER. CONTRACTOR will provide an additional up front for that work.
All notices related to work performed by CONTRACTOR which are sent to the property owner must be forwarded to the CONTRACTOR and a reasonable amount of time allowed for the process.
SERVICES NOT COVERED:
CONTRACTOR will not perform any other work or trade other than that which is specified herein, including, but not limited to, carpentry, plaster/wall work, tile work, landscaping, masonry, flooring, roofing, paving, etc., unless otherwise stated; paint, plaster, stucco, and landscaping are not included in the up front price and are the responsibility of CUSTOMER.
SEND ALL NOTICES AND ALL CORRESPONDENCE TO THE CORPORATE OFFICE BY CERTIFIED MAIL TO:
Rooter Hero Plumbing, 11150 Sepulveda Blvd, Mission Hills, CA 91345. Attn: CEO