Terms and Conditions of Services
Application of these terms and conditions
I certify that I am the owner and/or authorized agent for the aforementioned job address. I agree to George Pruitt Plumbing LLC, procedures, terms conditions, notifications and prices on both sides of this form, and on any addendum regarding this contract/invoice which is signed and/or initiated by me: and, that I have read, understood, and consider all George Pruitt Plumbing LLC, procedures, terms, conditions, notifications and prices to be reasonable and accepted. Furthermore, being aware that other contractors may charge less, and, that contractors’ cost differ and therefore their prices to me will differ, I am willing to pay a premium to have George Pruitt Plumbing LLC, provide service for me, and, I will not contest that to which I have agreed. The owner agrees that prior to placing an order with the contractor, the owner has read and agreed to the terms and conditions as set out hereunder. For the purposes of this agreement “the contractor” George Pruitt Plumbing, LLC and any person acting on behalf of and with the authority of George Pruitt Plumbing, LLC; “Owner” is the person or business entity named on the work authorization provided by the contractor.
- Owner’s Preliminary requirements. Unless otherwise agreed, prior to George Pruitt Plumbing, LLC commencing work the owner shall, at their sole cost and expense: complete engineering, survey, or other plans for the project; obtain any federal, state, and municipal approvals or permits required for George Pruitt Plumbing, LLC to perform the contemplated work; provide a work site capable of supporting and permitting George Pruitt Plumbing, LLC’s work to occur without any additional incidental steps; clear the project site prior to start of work of any debris, equipment, personal items and/or construction materials that would materially interfere with George Pruitt Plumbing, LLC performance of the work. Owners failure to meet the conditions identified above, on or before the date of starting work shall constitute breach of agreement and/or result in additional cost in project.
- Bid. A Bid is George Pruitt Plumbing, LLC agreement to perform all work specified for a fixed price. If the actual cost of the work is more than the bid, the owner remains obligated only to pay the amount of the bid. The bid does not include any change orders or extra work requested by the owner or requested by the applicable public authorities.
- ESTIMATE. A Estimate is George Pruitt Plumbing, LLC approximation of the eventual cost of their work. An estimate is given because the nature and scope of the work is uncertain because of concealed conditions, difficulty in assessing problems to be encountered or resolved, or difficulty in determining the means or methods best accomplishing the work. The cost of the work may substantially exceed the amount of the estimate, in which case the owner shall be obligated to pay the actual cost of work. If it appears that the cost of the work will likely and substantially exceed the amount of the estimate, George Pruitt Plumbing, LLC will make every effort to notify the owner practical to do so. This notification will be verbal and will inform the owner of the fact that substantially more work is required than originally foreseen at the time that the estimate was given. It may or may not be possible to quote a firm cost of completion now. The owner may therefore request George Pruitt Plumbing, LLC to stop work at any time, in which case the owner shall remain obligated to pay for amount of work completed up to this point in project.
- Change orders or extra work. The owner may request changes or modifications in the scope of work. These requests may be agreed upon orally or in writing. If agreed upon in writing, the terms of the written change order shall be binding on the parties. However, unless otherwise agreed in writing, all extra work performed shall be calculated using George Pruitt Plumbing, LLC’s current labor rates and material cost involved in extras.
- Extra work required by a public authority. In the event that the applicable public authority or other government agency subsequently requires modifications or corrections in the work, or extra work to be performed by George Pruitt Plumbing, LLC beyond that which was expected or contemplated at the time work was commenced, the contract price shall be adjusted as a change order as per paragraph 4. George Pruitt Plumbing, LLC is not responsible for any special inspections, analysis or reports which are not ordinarily provided by a building inspector.
- All payments are due in full upon completion of work unless otherwise noted. Payments not received in full on the day of service are subject to late fees. Unpaid invoices after 30 days are subject to collections which include, but are not limited to, theft of services filed at the local police department, civil court and reporting to all national collection agencies. If you would like to pay with by credit card please add an additional 3.5% to your total bill for the credit card processing fee. Checks are accepted and will be charged a $30 returned check fee for insufficient funds. The owner agrees that payment on all amounts due and owing, whether liquidated or unliquidated, shall bear interest at the rate of 18% per annum or the legally maximum rate of interest, whichever is less.
- It is the responsibility of the owner to schedule George Pruitt Plumbing, LLC work under this contract. If George Pruitt Plumbing, LLC arrives at the job site to find it not ready, the owner agrees to pay for the expense of such a nonproductive trip. George Pruitt Plumbing LLC, regular business hours are Monday to Friday 8:00am-5:00pm excluding holidays and vacations. Special business (after) hours are any hours other than regular business hours and are available for emergencies only. Special business hour prices charged are higher than regular business hour prices charged and may include surcharges.
- George Pruitt Plumbing, LLC warrants that all labor, materials and taxes will be paid for, and there will be no potential lien claimants upon the completion of the work and final payment by the owner.George Pruitt Plumbing, LLC further warrants that all work will be performed in a commercially reasonable manner and that there are no defects in materials and workmanship. Unless otherwise noted all work performed by George Pruitt Plumbing, LLC carries a 30-day warranty except for drain cleaning which has no warranty given. This warranty shall be void if a person or firm other than George Pruitt Plumbing, LLC performs or reforms any work identified within the original scope of the work of this contract with George Pruitt Plumbing, LLC.
- Correction or Completion of Work. George Pruitt Plumbing, LLC shall have the irrevocable right to perform all corrective or pick-up work identified by the owner unless George Pruitt Plumbing, LLC declines to do so following receipt from the owner of a specific list of correctives or pick up work and a reasonable period of time within which to perform the work. The owner shall not contract with any alternative contractor for the performance or completion of work within the scope of this agreement, nor shall the owner occupy or use George Pruitt Plumbing, LLC’s work until and unless George Pruitt Plumbing, LLC shall have been provided the notice and opportunity stated above. If the owner does contract with an alternative contractor to perform the pickup work or otherwise complete the project, without first affording the above-describe opportunity to George Pruitt Plumbing, LLC to do so, or if the owner commences to use or occupy the space in which George Pruitt Plumbing, LLC performed the work, the owner then agrees to accept all work “as is” and thereby waives any and all claims, of whatever nature, against George Pruitt Plumbing, LLC including warranty claims.
- Disputes and Remedy. All disputes, including a labor and material man’s lien, unless settled between parties, shall be submitted to binding arbitration regardless of the amount in controversy and regardless of whether the contractor also seeks foreclosure of a labor and material man’s lien. Venue of the dispute shall be in Spartanburg County. In the event a dispute and lawsuit arises and one or both parties seek and receive the assistance of legal counsel, the prevailing party shall have his or her actual attorney’s fees and costs paid by the non-prevailing party. There shall be one prevailing party which be the one party in whose favor a net monetary judgement is awarded, or in whose favor a net settlement is paid, after all offsets, claims, counterclaims, allowances, etc. have been resolved, and regardless of whether both parties prevailed on one or more issues. As used herein, “actual attorney fees” shall be deemed to mean the full and actual cost of any legal services performed about matters involved, calculated on the basis of the usual fees charged by the attorneys performing such services and shall not be limited to “reasonable attorney’s fees” as defined by any statute, case or rule of court. This clause supersedes all South Carolina statutes, case law and Court rules dealing with awards of costs of attorneys’ fees.
- George Pruitt Plumbing LLC, agrees to obtain adequate business liability insurance for injuries to its employees and others incurring loss or injury because of the acts of Contractors or its employees or subcontractors.
- Damage disclaimer. George Pruitt Plumbing, LLC is not responsible for any drywall, fixtures, structural, or other damage that may occur or be necessary to complete the above listed work or any other damage that may occur because of original plumbing, sewer, or water problems. George Pruitt Plumbing, LLC is not responsible for any damage to sewer lines because of drain cleaning or the damage that may be caused by broken sewer line while drain cleaning. Any repairs if equipment get stuck in the line to include, but not limited to, cutting into drywall, concrete, floor, roof, or gutter repairs, landscaping due to digging, or backhoe expenses are the owner’s responsibility.
- Parts and materials disclaimer. All parts associated with this job are warranted as per the manufacture’s specifications. The labor for the work is warranted for 30 days, except for drain cleaning. George Pruitt Plumbing, LLC doesn’t not guarantee any parts not supplied and installed by our company.
- Underground work disclaimer. The rate for excavation and underground work may change should George Pruitt Plumbing, LLC hit a major obstacle including but not limited to solid rock, requiring the hire of special equipment and if necessary operator to complete work. The owner shall be responsible for all costs and expenses associated with such a hire and a daily hire rate shall apply.
- The owner shall reimburse George Pruitt Plumbing, LLC for any cost, expenses or losses incurred by George Pruitt Plumbing, LLC should the owner cancel an accepted quote or work authorization. The time for such payment for such cancellation is due upon cancellation.
The owner is aware, agrees to, and accepts the following common consumer notifications, and, holds George Pruitt Plumbing LLC, it heirs and assigns harmless regarding same:
- Faucet repairs and attempts to repair are not guaranteed and/or warranted in any way by George Pruitt Plumbing LLC,
- Attempts to clear a sewer or drains are attempts only, and not guaranteed and/or warranted in any way by George Pruitt Plumbing LLC, including clearing the blockage. In the instance of snaking equipment becoming stuck in piping, fixtures, ect., or piping, fixtures ect. Becoming damaged or destroyed because of conventional repair efforts, the owner accepts all responsibility and costs due to this occurrence.
- Tile patch repairs and fixture replacements may not match existing tile and fixtures.
- When service is performed on a domestic water heater system, water pressure regulators, relief valves, and other appurtenances may be found to not function properly. Costs of repairs and replacements of these items are the responsibility of the owner.
- Roof vent flashings and roof penetrations are not covered or warrantied by our company any penetrations going through roof should be checked and warrantied by a licensed roofer or contractor.
- If George Pruitt Plumbing LLC, in its opinion, discovers that the owner’s equipment is installed in an improper, unsafe, and/or unserviceable fashion, and, the owner does not wish to correct the situation at the owner’s expense, the owner is still liable for any charges the owner agreed to for any service George Pruitt Plumbing LLC, has performed.
- Vapors from flammable liquids will explode and can ignite causing death and severe burns. Do not store flammable products such as, but not limited to, gasoline, solvents or adhesives in the same room or area near the water heater, boiler or other flame producing equipment. Keep flammable products far away from heaters, boilers, flame producing equipment, in approved containers, tightly closed, out of children’s reach. Gas water heaters, boilers, and furnaces have a main burner and a pilot flame or pilot control device. Pilot flames are on all the time or intermittently when an intermittent pilot control device is utilized. Both will ignite flammable vapors. Vapors cannot be seen, are heavier than air, go a long way on the floor, can be carried from other rooms to the pilot flame, pilot control device or main burner by air currents. Gasoline and other flammable liquids give off invisible vapors that travel in the air, and, can be easily ignited. Gasoline should be stored away from ignition sources, outside in a garage or shed. Store gasoline in properly sealed approved container. Containers should always be sealed when not in use. Never use gasoline in doors. It is a motor fuel only and should never be used as a solvent or cleaning agent. Keep children away from gasoline at all times. It should be stored out of their reach, preferably in a locked cabinet.
George Pruitt Plumbing, LLC