RESPONSIBILITIES AND REPRESENTATIONS OF CUSTOMER - Customer represents that all water and waste disposal systems are in good repair condition and agrees to hold OVERLAND PLUMBING harmless for the discovery of any of the following defective conditions: a. Customer is responsible for removal of lodged cables due to separated or root-bound lines. b. Leaky or defective traps. c. Hidden or unknown lead piping. d. Improper or faulty plumbing. e. Rusted or defective pipes. f. Corrosion or unusual restrictions due to minerals or hard water buildup. g. Cleaning chemicals such as lye, sulfuric acid, etc. h. Lines which are settled, broken, deteriorated, or damaged.
Existing illegal conditions. Defective roofing. Customer shall indicate all property lines and Customer access through other properties for Company's use during work. Where access through other properties is required, 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 - CONDITION AND LIMITATIONS - Company shall do all work in a good and workmanlike manner; 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 is not responsible for any damage caused by the removal of the cleanout cap or drain cover. If, in the opinion of Company, a cleanout cap, drain cover or housing is so rusted, broken, or fastened as to require its replacement after removal, Company shall notify Customer. If Customer authorized replacement thereof, it shall be made at an additional charge. If customer refuses 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 work process unless so indicated on the face hercof.
2. CUSTOMER IS OBLIGATED TO PAY COMPANY FOR CLOGGED DRAIN COSTS AND LABOR WHETHER OR NOT COMPANY WAS ABLE TO UNCLOG THE DRAIN, UNLESS SUCH FAILURE WAS DUE TO PROBLEMS WITH MACHINERY OR DUE TO LACK OF EXPERTISE. COMPANY WILL NOT WAIVE ANY FEES TO FAILING TO UNCLOG DRAINS DUE TO CONDITIONS OUTSIDE OF ITS CONTROL, SUCH AS DEFECTIVE PIPES.
3. LIMITED WARRANTY - Company warrants its work to be free from defects in material and workmanship for the warranty period set forth on the face hereof All warranties are void if payment 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 hercon or telephone at Overland Plumbing at 1-800-757-0702.
EXCLUSIONS AND LIMITATIONS: CUSTOMER'S RIGHT TO REPAIR AND REPLACEMENT ARE THE EXCLUSIVE REMEDIES AND SHALL NOT BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE MATERIALS PROVIDED FOR IN THIS AGREEMENT.
OWNER IS SOLELY RESPONSIBLE FOR THE FITNESS AND/OR QUALITY OF ANY ITEM PROVIDED BY OWNER FOR INSTALLATION, OWNER AGREES TO PAY OVERLAND PLUMBING IN FULL FOR ANY MATERIAL, INSTALLATION AND/OR LABOR FEES, WHETHER OR NOT THE OWNER-PROVIDED ITEM IS LATER REJECTED BY OWNER OR IS FOUND TO NOT OPERATE AS OWNER INTENDED. SINCE OWNER IS PROVIDING THE ITEM, IT IS HIS ABSOLUTE AND EXCLUSIVE RESPONSIBILITY TO MAKE SURE THE ITEM WILL FUNCTION PROPERLY AND MEETS ANY OTHER REQUIREMENTS OF OWNER PRIOR TO REQUESTING OVERLAND PLUMBING'S SERVICES UPON SUCH ITEM
c. Company is not responsible for the following which are excluded from the coverage of this limited warranty: a. Commercial or industrial waste lines unless so indicated on the face hercof. b. Defective conditions listed under the above “Responsibilities and Representations of Customer."
Work performed by or materials installed by any other entity or person other than company. d. Defects and failures from mistreatment or neglect. e. Defects and failures from intervening causes including, but not limited to, improvement causing heavy weight upon sewer lines and plantings growing
into sewer lines. f. 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 FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED TO A 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 plantings, and company shall not be held responsible for said items. Nor shall company be held responsible for the natural consequences of company's work which may cause damage to improvement to real property including, but not limited to curbs, sidewalks, walkways, driveways, garages, patios, lawns, shrubs, sprinkler systems and other appurtenances to the residence of other real property. Company shall not be held responsible for damage to personal property, or any improvements to real property, caused by persons delivering materials or equipment or keeping gates and doors closed for children and animals. ATTORNEYS' FEES – if an arbitration or an action at law or in equity, including an action for declaratory relief, is bought to enforce or interpret the provision of this Agreement, including the collection of any unpaid balance, the prevailing party shall be entitled to reasonable attorneys' fee in addition to any other relief to which the prevailing party may be entitled. SUPPLIES - A charge of $4.85 is included for miscellaneous items used on service calls. Applicable supply items include: Washers, nuts, tape, solder, solvents, adhesives, caulking, blades, towels, lubricants and other supplies. ENTIRE AGREEMENT – This is the entire Agreement. The parties are not bound by any oral expression or representation by any agent purporting to act for or on their behalf or by any commitment or arrangement not set forth herein. This agreement binds jointly and severally all signing as Customer, their heirs, representatives, successors and assigns. "Under the Mechanic's Lien Law (Section 7018-California Business and Professional Code) any contractor, subcontractor, laborer, supplier or any other person who helps to improve your property but is not paid for his 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 by a court officer and the proceeds of the sale used to satisfy the indebtedness. This can happen if you have paid your subcontractor in full, if the subcontractor, laborer, or supplier remains unpaid."