WATER HEATERS MASTERS INC. TERMS AND CONDITIONS:
EFFECTIVE DATE Oct 03, 2022
- CUSTOMER shall secure, remove and/or protect all property including but not limited to vehicles, appliances, flooring, walls, carpets, furniture, and vegetation while work is being done and hold harmless and indemnify CONTRACTOR, employees, and agents from all claims arising out of CUSTOMER’s failure to do so.
- CONTRACTOR shall not be liable for water and other damages relating to any defect of parts and/or installation. CONTRACTOR shall not be liable for any alleged defects or damages occurring after the expiration of the one-year warranty noted above.
- Although the CONTRACTOR and his employees are well-trained for their work on the CUSTOMER’S plumbing system and diligently do their best to carefully take apart and reassemble the CUSTOMER’S plumbing, by its very nature the existing plumbing system can be fragile to the point that even with reasonable care, fittings, faucets, and/or pipes can and do sometimes break, get plugged up or leak. During the normal, necessary removal and reassembling of existing piping, fittings and/or piping can break and/or rust, scale and corrosion may break off the inside of fittings and/or pipes and move through the system and plug narrow orifices in the piping, fittings, and/or faucets and cause a significant lowering of the water flow. For these reasons CUSTOMER holds CONTRACTOR harmless and accepts liability for their own existing plumbing system. Under no condition is the CONTRACTOR responsible for the condition of the CUSTOMER’S plumbing system even if the damage to the system is caused in part by the CONTRACTOR. Accordingly, with the sole exception of CONTRACTOR’S sole negligence, CUSTOMER agrees to hold CONTRACTOR harmless and shall indemnify and defend CONTRACTOR and all of its agents and employees from and against all claims, damages, losses, and expenses including, but not limited to, attorney fees and consequential damages arising out of or as a result of the performance of CONTRACTOR’S work involving, affecting or relating to such unforeseen or concealed condition regardless of whether such damages are caused in part by the CONTRACTOR
- CONTRACTOR claims no warranty against leakage in piping joints which were not discovered to be leaking within a week of the installation since plumbing joints seldom leak after they have been properly installed unless seismic (earthquake) or other conditions create movement, for which we cannot be and are not responsible for.
- If the CUSTOMER has a closed water system (water is locked in once it enters), the CUSTOMER accepts responsibility for the problems associated with that type of system, this means that the unforeseen problems which can be associated with thermal expansion and the pressure it causes are the sole responsibility of the CUSTOMER, who agrees to pay for the necessary extra labor and materials that may be needed to make the delicate nature of the systems safe
- CUSTOMER agrees that CONTRACTOR is not liable for a water heater ordered by and installed for a CUSTOMER where it is later found that the water heater was not the cause of the CUSTOMER’s original leak. When the CONTRACTOR finds a system shut down on his arrival, he assumes that the CUSTOMER has determined and is responsible for the diagnosis and elimination of other possible causes such as, but not limited to, washing machines, condensation, and leaks under the floor.
- Warranties hereunder extend only to CUSTOMER and are not transferable. Warranty is only valid with this receipt.
- When a permit is needed, CUSTOMER is responsible for obtaining permit, which in most cases can be done online. CUSTOMER may elect to hire CONTRACTOR or a third party to process the permit request on their behalf. Customer is responsible for all work and fees associated with obtaining permit.
- CUSTOMER is responsible for all HOA-related requirements, for contacting HOA for any type of permission, work, and any required water shut-off coordination required as well as all associated costs.
- In order to allow us to provide competitive pricing to our CUSTOMER’s, CUSTOMER agrees that the CONTRACTOR will not itemize costs for equipment, parts, and labor. Only Flat Rates will be shown on estimates and invoices alike. If you require an itemized list for insurance purposes, we will not be able to provide this to you.
- Asbestos, Lead, Mold, and other Hazardous Materials.
CUSTOMER hereby represents that CUSTOMER has no knowledge of the existence on or in any portion of the premises affected by the Project of any asbestos, lead paint, mold (including all types of microbial matter or microbiological contamination, mildew or fungus), or other hazardous materials. Testing for the existence of mold and other hazardous materials shall only be performed as expressly stated in writing. CONTRACTOR shall not be testing or performing any work whatsoever in an area that is not identified in the Scope of Work. Unless the contract specifically calls for the removal, disturbance, or transportation of asbestos, polychlorinated biphenyl (PCB), mold, lead paint, or other hazardous substances or materials, the parties acknowledge that such work requires special procedures, precautions, and/or licenses. Therefore, unless the contract specifically calls for same, if CONTRACTOR encounters such substances, CONTRACTOR shall immediately stop work and allow the CUSTOMER to obtain a duly qualified asbestos and/or hazardous material contractor to perform the work or CONTRACTOR may perform the work itself at CONTRACTOR’S option. Said work will be treated as an extra under this contract, and the Contract Term setting forth the time for completion of the project may be delayed.
In the event that mold, or microbial contamination is removed by CONTRACTOR, CUSTOMER understands and agrees that due to the unpredictable characteristics of mold and microbial contamination, CONTRACTOR shall not be responsible for any recurring incidents of mold or microbial contamination appearing in the same or any adjacent location, subsequent to the completion of the work performed by CONTRACTOR. CUSTOMER agrees to hold CONTRACTOR harmless and shall indemnify CONTRACTOR harmless for any recurrence of mold or microbial contamination. CUSTOMER also agrees that CONTRACTOR shall not be responsible and agrees to hold CONTRACTOR harmless and indemnify CONTRACTOR for the existence of mold or microbial contamination in any area that CONTRACTOR was not contracted to test and/or remediate. Further, CUSTOMER is hereby informed, and hereby acknowledges, that most insurers expressly disclaim coverage for any actual or alleged damages arising from mold or microbial contamination. CONTRACTOR makes no representations whatsoever as to coverage for mold contamination, though at CUSTOMER’S additional expense, if requested in writing, CONTRACTOR will inquire as to the availability of additional coverage for such contamination or remediation, and if available, will obtain such coverage if the additional premium is paid for by CUSTOMER as an extra.
DISCLAIMER: Water Heaters Masters Inc. is NOT Responsible for Asbestos Transit, or any Asbestos-related activities.
DISCLAIMER: By agreeing to these terms, you are acknowledging that you are either the owner of the property or legally acting on behalf of the owner (i.e. property manager).