Terms and Conditions | Water Heater Pros | Sacramento, Ca
Terms and Conditions
WATER HEATER EXPERTS, (A California Corporation)
dba, Water Heater Pros, these terms and conditions as stated below shall refer to Water Heater Experts, as (WHE) or CONTRACTOR and Homeowner (owner) as CUSTOMER.
1. CALIFORNIA STATE LICENSE- NUMBER: 724577, TYPE: C-36
All plumbing companies are required to be licensed by the State of California. A State License certifies that your contractor has passed the state examination and is qualified and competent in the given field.
(a) What you need to know:
Without a State License, a company may not be able to pull permits, perform inspections and make sure you are in compliance with the law.
2. LIABILITY INSURANCE
The Contractors’ State License Board does not require a contractor to carry General Liability insurance. Liability Insurance can protect a third party against Bodily Injury and Accidental Property Damage. We carry over $2 Million Dollars ($2,000,000.00) in Liability Coverage for your protection.
(a) What you need to know:
If a contractor does not have insurance you’re taking a gamble with your largest single asset … your home. For example, if an uninsured contractor does work that causes damage to your property, that contractor may not have any assets for which to reimburse you. Even if you win a court judgment, you may not be able to collect the damages. You could end up paying for all the damage.
3. WORKERS’ COMPENSATION INSURANCE
Workers’ Compensation insurance is required by the State of California or all companies with employees. This covers employees if they are injured while performing work on the job. Common workplace injuries may include falling off a ladder or straining one’s back. Any injury that occurs while an employees working is covered by Workers’ Compensation Insurance.
(a) What you need to know:
If an individual or group of individuals perform work on your property and become injured and are not covered by Workers’ Compensation Insurance, YOU can be personally liable pay or injuries and rehabilitation.
4. GENERAL TERMS AND CONDITIONS SUMMARY
These are general Terms and Conditions surrounding our services, depending on circumstances, there may be additional situations that require us to modify these Terms and Conditions. These Terms and Conditions may change from time to time without notice. We strongly advice you to familiarize yourself with these Terms and Conditions before you contract our services.
5. SITE CONDITIONS
Water Heater Experts (WHE) shall be known as Contractor and must obtain access to other properties in the course of work, Contractor 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.
(a) Customer shall secure, remove and protect all property, and its contents, including, but not limited to, adults, children, animals, cabinets, fixtures, autos, motorcycles, bicycles, paintings, household items, personal items, clothing, cash, silver/gold, bullion, jewelry, computers, electronics, flooring, walls, tiling, carpets, drapes, furniture, and vegetation 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.
6. LIMITED WARRANTY
Water Heater Experts 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, earthquake. There is no warranty on pipes, valves, existing attachments to water heaters. In the event that a manufacturer offers a warranty, said warranty shall negate and supersede Contractor warranty. This warranty is the only warranty by WHE to CUSTOMER, and is in lieu of all other warranties, expressed or implied.
Shall telephone the Contractor within twenty four hours (24) of discovery of any warranty claim. Contractor will respond with reasonable promptness between the hours of 8:00 a.m. to 3:00 p.m. (Pacific Time) Monday through Friday, excluding holidays.
(a) The 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.
8. 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 the Contractor and further agrees to pay for any labor or materials, including repair to damaged equipment of the Contractor and other caused by such conditions and/or circumstances.
(a) It is the intent of this provision to make CUSTOMER responsible (1) for all unforeseen and concealed conditions; and (2) for that which the Contractor cannot control. Accordingly, CUSTOMER further agrees to hold Water Heater Experts harmless and shall indemnify and defend the 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 the Contractor's work involving, affecting, or relating to such unforeseen or concealed conditions, regardless of whether such damages are caused in part by Water Heater Experts.
(b) Asbestos or other Hazardous Materials Remediation Work – WHE 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. WHE does not perform asbestos or other hazardous materials or substance removal and the Contractor shall have no responsibility whatsoever and CUSTOMER expressly releases Water Heater Experts 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.
(c) 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 the 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 WHE 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.
9. RECOMMENDATION NOT PERFORMED
If suggested options are not chosen by the CUSTOMER and a failure is experienced, Water Heater Experts is held harmless.
10. 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.
(a) 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. Water Heater Experts will provide an additional UP FRONT QUOTE for that work.
All notices related to work performed by the Contractor which are sent to the property owner must be forwarded to the Contractor and a reasonable amount of time allowed for the process.
11. PARKING OUR VEHICLES
For safety reasons, available parking for vehicles must be less than 100 feet from your entry door. We do not park or leave our vehicles in red zones, centers of streets, double parking, underground parking, parking lots or any other area where our vehicles will not be legally or safely parked.
All work done on a fixed UP FRONT QUOTE. The quote includes Materials, Tax and Labor. NO BREAKDOWN WILL BE PROVIDED! Payment for the work described in the Agreement shall be immediately due upon completion of the work and prior to any inspection by City, County or applicable entity.
(a) No deduction shall be made from payments due WHE on account of penalty, liquidated damages, back charges for alleged defective work, or other sums withheld from payments to other CONTRACTOR’S or on account of the cost of changes or defects in the work. Furthermore CUSTOMER agrees and recognizes that payment for services rendered by WHE when due is an express condition precedent to the Contractor continuing work as herein described in this Agreement. CUSTOMER recognizes that the failure to pay for services when due shall entitle WHE to terminate work immediately.
(b) In the event that Contractor terminates work for non-payment as herein described, WHE 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 California law.
13. RIGHT TO TERMINATE IN EVENT OF DISPUTE
In the event of a dispute between Contractor and CUSTOMER, WHE and CUSTOMER agree that the Contractor may immediately terminate the work described herein. In the event of such termination, Contractor shall be entitled to payment for all services rendered including cost of all labor, materials, reasonable profit and overhead. In the event of cancellation by CUSTOMER after contract has been signed, and prior to any commencement of work, WHE is entitled to a minimum fee of 10% or $1000, whichever is less. In the event of cancellation by CUSTOMER after work has commenced, Contractor is entitled to 10% or payment for work performed, whichever is more.
14. 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 WHE within forty eight (48) hours of completion of the work described hereunder of all defective work, if any. CUSTOMER agrees that upon discovery of any allegedly defective work, CUSTOMER shall immediately call the Contractor who shall have the first opportunity to repair the alleged defective work.
(a) The failure to allow WHE the first opportunity to repair the alleged defective work shall void all warranties, express and implied hereunder. CUSTOMER agrees and recognizes that they shall not withhold any payments for allegedly defective work. WHE is not responsible for reimbursement for work performed by any other company or individual.
15. SERVICES NOT COVERED
Water Heater Experts, (a) Will not perform product warranty repair or replacement work. (b) Will not perform any other work or other trade than that which is specified herein, including, but not limited to, (c) carpentry, (d) plaster/wall work, (e) tile work, (f) landscaping, (g) masonry, (h) flooring, (i) roofing, (j) foundation, (k) mold (l) asbestos (m) paving, (n) and other non related plumbing work, unless otherwise stated; (o) paint, (p) plaster, (q) stucco, (r) and landscaping are not included in the up front price and are the responsibility of the CUSTOMER.
16. PRODUCT NOISE
We are not responsible in part or whole of any manufacturer equipment, parts or apparatus operational noise decimal (sound) level(s), caused by operation or vibration.
17. SCOPE OF AGREEMENT
This agreement represents the entire and integrated agreement between CUSTOMER and WHE and supersedes all prior negotiations, representations or agreements, either oral or written. This agreement may be amended only by written instrument offered by the Contractor and accepted by CUSTOMER.
18. LEGAL NOTICE
SEND NOTICE OF CANCELLATION AND ALL CORRESPONDENCE TO THE CORPORATE OFFICE AT: WATER HEATER EXPERTS, 11367 TRADE CENTER DRIVE, SUITE 130, RANCHO CORDOVA, CA 95742 (916) 344-4500