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Plumbing Outfitters Terms of Service

By executing the estimate provided to you by your Plumbing Outfitters technician, you are acknowledging that you have read and agreed to the below terms of service.

Plumbing Outfitters, LLC reserves the right to change these terms of service from time to time without notice.

1. Description of Work

Plumbing Outfitters, LLC (“Contractor”) will furnish to client (“You” or “Client”) all labor and materials for plumbing work in the building located at the location provided by Client, in accordance with the specifications provided and agreed to by both parties in the job summary and invoice reviewed and executed by Client.

At no time, unless otherwise agreed to in writing by Contractor, will cosmetic or landscaping repairs be included in estimates, scopes of work, or labor furnished.

If additional plumbing repairs are diagnosed and needed once work begins the homeowner will be provided a supplemental estimate to continue with work, and they are responsible for the cost of the additional repair

Similarly, all plumbing work is required to be brought up to current code, so if plumbing is discovered that is not compliant, it is a requirement of the state that the plumbing work be brought up to code.

2. Contract Time

The work shall be completed as agreed upon in the job summary and invoice reviewed and executed by Client in the amount of time provided within the job summary and invoice reviewed and executed by Client. Work may, from time to time, be delayed due to difficulty obtaining materials or accessing the area to be serviced. Contractor is not liable for any delays in completing a job that are caused by any reason other than negligence of the contractor.

3. Contract Price

Client will pay Contractor the amount agreed upon in the job summary and invoice for performance of work and completion of project.

4. Payment Schedule

Owner will make payment in full on account of the contract on final completion of the work. Payment not received within 15 days of completion of work shall accrue interest at a rate of per annum calculated daily or the highest rate allowable by law, whoever is higher. Failure by the Client to make timely payment may result in the pursuit of a materialman’s lien by Contractor.

Client agrees to accept service for any notifications under these terms at the location on which Contractor performed the service.

5. Warranty of Fitness of Equipment and Materials

Contractor represents and warrants to Client that all equipment and materials used in the work, and made a part of the structures thereon, or placed permanently in connection therewith, will be new unless otherwise specified, of good quality, free of defects, and in conformity with the contract. It is understood between the parties that all equipment and materials not so in conformity are defective.

6. Title to Material

Title to the material to be furnished by Contractor shall be and remain in Contractor until all sums of money called for are fully paid. In case of default in payment of any ofthe installments provided for in this contract, Contractor is authorized to enter the premises and take possession of and remove material at any time thereafter.

7. Independent Contractor Relationship

Contractor shall be an independent contractor and not an employee, servant, agent, partner or joint venturer of the Client. The Client is not responsible for withholding, and shall not withhold, FICA or taxes of any kind from any payments it owes to contractor, nor shall employees of contractor be entitled to receive any benefits which employees of the owner are entitled to receive and shall not be entitled to workers’ compensation, unemployment compensation, medical insurance, life insurance, paid vacations, paid holidays, pension, profit sharing, or Social Security on account of their work for the Client. Confractor represents and warrants that it is engaged in an independent calling and has complied with all local, state, and federal laws regarding business permits and licenses that may be required to carry out the independent calling and to perform the services specified in this agreement.

8. Indemnity and Warranty

Contractor shall not indemnify or hold the Client, its directors and officers, and its agents and employees, harmless from any and all claims, causes of action, losses, damage, liabilities, costs and expenses, including attorney’s fees, arising from the death of or injury to any person or from damage to or destruction of property, arising from the provision of services by contractor or contractor’s agents or employees with the exception of a finding of negligence on the part of Contractor in the provision of services under this agreement.

Client shall indemnify and hold harmless Contractor, its directors and officers, and its agents and employees, harmless from any and all claims, causes of action, losses, damage, liabilities, costs and expenses, including attorneys fees, arising from the provision of services under these terms of service by Contractor or Contractor’s agents or employees with the exception of a finding of negligence on the part of Contractor in the provision of services under this agreement.

Contractor will provide a one-year warranty on all labor. The warranty excludes standard drain cleaning. Residential hydrojetting is warrantied for one year. Commercial hydrojetting is excluded from this warranty unless otherwise agreed to, in writing, by Contractor. Hydrojetting warranty only available where there is no structural drainage issue with the system including, but not limited to, breaks, roots, etc.

Contractor is not responsible for accidental exposure or damage to unmarked private lines including, but not limited to, electrical lines, internet connections, or sprinkler lines.

Contractor will not be liable for problems or defects identified during the provision of labor or services. If a problem is pre-existing, Client may choose to hire Contractor to address and remedy the identified defect and an additional scope of work or invoice will need to be completed.

9. Governing Law

This agreement shall be governed and construed in accordance with the laws of the State of Texas and any disputes shall be subject to the jurisdiction of the courts of Williamson County, Texas.

10. Arbitration

It is hereby agreed that if, at any time hereafter, any dispute, difference or question shall arise between the parties hereto touching anything relating to services provided by Contractor, meaning or effect of these presents or of any act or omission to act of either of the parties or of the rights or liabilities of either of the parties under this lease, every such dispute, difference or question, except where provision is expressly made herein for the settlement of any such question in some other manner, shall be referred to arbitration in the following manner: Either party may appoint an arbitrator and, upon making such appointment, shall serve a written notice upon the other party; said second party shall then appoint an arbitrator and the two arbitrators so appointed shall appoint a third arbitrator. In the event that said second party does not, within a period of fifteen days after receiving notice from said first mentioned party, appoint an arbitrator and serve written notice thereof upon said first mentioned party, the arbitrator appointed by the first mentioned party shall have power to proceed to arbitrate and determine the question as if he were an arbitrator appointed by both parties for that purpose and his award in writing shall be final and binding upon both parties. In the event that both parties appoint arbitrators as aforesaid, the two arbitrators so appointed shall, within fifteen days after the appointment of the second arbitrator, proceed to appoint a third arbitrator. In the event that said arbitrators are unable to agree upon a third arbitrator, such third arbitrator shall, upon the application of either party, be appointed by the senior federal judge for the federal judicial district in which the City of Georgetown is located. The three arbitrators appointed in the manner aforesaid shall proceed with all reasonable dispatch to hear and determine the matter in dispute and the decision or award in writing of said arbitrators or a majority of them shall be final and binding upon both parties. The arbitrators are authorized to enter said decision or award in any court having jurisdiction.

11. Attorney’s Fees

In the event that Contractor incurs attorney’s fees and expenses in the enforcement of these terms of service or the invoice signed and acknowledged by Client, Client will indemnify and repay Contractor for all such expenses incurred.

Contact Information

If you have any questions or comments about these our Terms of Service as outlined above, you can contact us at:

Plumbing Outfitters, LLC

P.O. Box 302, Granger, Texas 76530

plumbingoutfitters@gmail.com

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