Option One Plumbing - CA Terms & Conditions

Authorization to Start Work Home Improvement Contract

I, the undersigned, is the owner/authorized repersentative/ tenant of the premises at which the above work is being done. I have reviewed the estimated cost of the proposed work to be attempted on my property. I agree to pay for all work completed on my property by OPTION ONE PLUMBING at my request. I am aware of the terms and conditions of this agreement and expressly agree to all the terms contained therein. I understand the above is an estimate and not a guarantee gure for the completion of work on my home. I understand that OPTION ONE PLUMBING will only perform the work outlined above unless it obtains a further agreement. If paying with credit card you agree by giving Option One Plumbing your credit card number over the phone due to the fact that you cannot be onsite, Option One Plumbing is authorised to charge the card for the services you agreed to via acceptance over email or text message.

 

Terms and Conditions To Be Displayed When Clicked:

Terms & Conditions: I understand the possibilty of unforsene condition and fully expect all the plumbing system in good repair and agree to hold Option One Plumbing harmless of the discovery of defective conditions, including but not limited to 1. Improper or faulty Plumbing. 2. Rusted or rotted piping. 3. Acida or chemicels in the drain system. 4. Lines that are settled or broken. 5. Existing illegal conditions. 6. Defective roong.

1. Option One Plumbing does hereby warranty the services provided by it for the period stated on the Contract. This warranty covers service and labor only. Any and all parts installed as part of the work by Option One Plumbing is covered by the manufactures warranty only. Customer shall have no recourse against Option One Plumbing for the defects in parts utilized. This warranty is limited to defect in workmanship not caused by intervening acts such as mistreatment or neglect by customer. If a defect in workmanship is detected, customer shall promptly notify Option One Plumbing of the defect and shall allow Option one Plumbing the opportunity to complete repairs of the defective workmanship. This remedy is exclusive. If customer fails to notify Option One Plumbing of the alleged defect in workmanship and allow Option One Plumbing the opportunity to repair the defect, customer shall have no remedy at law.

2.Limitations of Liability. Customer understands and agrees Option One Plumbing shall not be liable for any damage caused as a result of existing improper, worn, rusted or defective plumbing, pipe xtures, walls, ooring, and/or roong. Customer further understands and agrees Option One Plumbing shall not be liable for any incidental or consequential damages which result from materials supplied of services rendered.

3. Resolution of Disputes. A. Customer agrees that all disputes under this agreement shall be litigated in courts of the County of San Bernardino if chosen by Option One Plumbing. B. Customer further agrees that the Law of the State of California shall apply to all disputes between the parties hereto.

4. Attorney's Fees. It is hereby agreed between the parties hereto that the prevailing party in any action instituted, relating, or referring to this agreement, shall have additional right to recover his/her attorney's fees costs in addition to the cost of the action itself.

5. Entire Contract. This agreement replaces and supersedes and and all previous agreements, written or oral, with the respect to the work to be performed by Option One Plumbing. Should anyone or, more of the contract provisions be determined illegals and/or unenforceable, all remaining provisions shall nevertheless remain effective.

6. Amendments. Amendments to this agreement may only be made in writing and signed by Change Order.

7. Warranty of Ownership. Customer does hereby represent that he or she is the owner or the authorized agent of the owner of the real property which Option One Plumbing will commence work.

8. Force Majeure. Option One Plumbing shall not be liable under the provisions of this agreement for damages on account of strikes, lockouts, accidents, res, delays in manufacturing, delays of carriers, acts of God, government actions, state of war, or any other cause beyond the control of the manufacturer whether or not similar to those enumerated.

9. Mold Release. Contractor makes no representation or warranty, express, implied, or otherwise regarding mold, fungi, rust, corrosion or other bacteria or organisms. Contractor shall have no duty or responsibility or liability all of which is expressly waived by you for losses, nes, penalties, testing, analysis, monitoring, cleaning, removal, disposal, abatement, decontamination, remediation, repair, replacement, relocation,
loss of use of building, or building equipment and systems, or personal injury, sickness or disease associated with mold, fungi, rust, corrosion or other bacteria or organisms. Any implied warranty or workmanlike construction, implied warranty of habitability or an implied warranty of tness for a particular use hereby waived and disclaimed.

10. Deposit / Down payment It is against the law for a contractor to collect payment for work not yet completed, or for materials not yet delivered. However, A contractor may require a down payment. The down payment cannot exceed $1,000.00 or 10% of the total contract, which ever is less. Progress payments must describe for each phase of work including the amount of each payment.

Mechanic's 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 labors who helped to improve your property may record a mechanics lien and sue you in court to foreclose the lien. If a court nds the lien is valid, you preserve their right to record a lien, each subcontractor and material supplier must provide you with a document called a "20 Day 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. Protect yourself from liens. You can protect yourself from liens by getting a list of all subcontractors, laborers and suppliers that work on your project. Make sure every person has been paid in full after completion of each phase in writing. 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. For other ways to prevent liens, visit CSLB's site at www.cslb.ca.gov or call CSLB at (800)321-CSLB (2752)

Information About The Contractors State License Board ( CSLB )

CSLB is the state consumer protection agency that licenses and regulates construction contractor. Contact CSLB for more 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 le a complaint against a licensed contractor within the legal deadline ( usually four years ), CSLB has the 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 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 web site at www.cslb.ca.gov
Call CSLB at (800)321- cslb (2752)
Write CSLB at P.O. Box 26000, Sacramento, CA 95826 ACCEPTANCE OF WORK PERFORMED

I acknowledge satisfactory completion of the work designated on this invoice and that the premises have been left in a satisfactory condition. I understand that if my check does not clear, I am liable for the check and and any charges from the bank. I agree to pay 1.75% per month for past due amounts (minimum charge $30). In the event that the collection efforts are initiated against me, I shall pay for all associated fees at the posted rates as well as all attorneys fees and collection costs. I agree that the amount set forth in the space marked “Total” is the total at price I have agreed to pay today. In the event if I am unsatised with the work, I will contact this company prior to posting to any online forums, websites, social media, or review sites. I agree to give OPTION ONE PLUMBING the opportunity to address my un-satisfaction. Any comment or review posted to anywhere on the internet must be removed immediately until OPTION ONE PLUMBING is contacted via a phone call to OPTION ONE PLUMBING, and you have spoken directly with [OWNER] to address the issue. In the event that my grievances can not be resolved to my satisfaction, I agree to post the full story of our conversation and interaction with any social media posting (which includes reviews to Yelp!, Home Advisor, Angies List, Google, Facebook etc.). If my comments and/or reviews are missing the complete story, the post must be immediately removed and will result in legal action by OPTION ONE PLUMBING