DEFINITIONS. “You” includes each owner of the property or property manager approved to make decisions for the company. “We” or “us” refers to Loftin Plumbing LLC, a Florida LLC.

 

1.     WARRANTIES. We warrant that all materials provided by us shall be as specified and free of defects, and all work shall be completed in a substantially workmanlike manner. THIS WARRANTY EXPIRES ONE YEAR AFTER COMPLETION, UNLESS OTHERWISE SPECIFIED (DEPENDING ON SCOPE AND TRADE OF WORK), AND IS IN PLACE OF, AND NOT IN ADDITION TO, ANY OTHER EXPRESS OR IMPLIED WARRANTIES OF QUALITY, OR FITNESS FOR HABITATION OR ANY PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES ARE HEREBY DISCLAIMED. This warranty shall be void if you (1) fail to pay the full contract price; or (2) fail to provide prompt notice of a warranty claim (within thirty days, or in case of an emergency then as soon as possible) and a reasonable opportunity to correct the problem; or (3) you permit any person or firm other than us to complete, correct, perform or redo any work identified within the original scope of the work of this contract with us. NO WARRANTY IS GIVEN AS TO THE RESULTS OF DRAIN CLEARING OR THE QUALITY OR SUITABILITY OF FIXTURES OR PARTS OR PLANS OR SPECIFICATIONS WHICH WE HAVE NOT SUPPLIED.

2.     INITIAL TRIP CHARGE & EVALUATION. We reserve the right to charge an initial trip charge/evaluation fee if we arrive on sight, assess the plumbing issue, provide flat rate pricing, and you DECLINE to move forward with work. This fee will also be charged if our plumber is dispatched to the property, and no one is at the property location.

3.     ESTIMATE. An estimate provides our estimation of the cost of a project. It is not a fixed price. Estimates are given when the nature or scope of work may be uncertain, due to concealed conditions, difficulty in assessing problems to be encountered or resolved, or difficulty in determining the means or methods of best accomplishing the work. If we commence work based upon an estimate, and it appears that the price of the project is likely to substantially exceed the amount of the estimate, we will make reasonable efforts to notify you when reasonably practical to do so. We may propose a change order or a revised estimate. If you request that we cease work at any time, you shall nonetheless remain obligated to pay for all labor and materials supplied by us. If you request that we cease work then the price will be fixed as an amount specified in the contract, or an amount based upon a time and materials basis, whichever is higher.

4.     CONTRACT. No agreement, whether it is designated as an estimate, a proposal, or otherwise, shall become a contract binding upon us until it is both signed by you and accepted by Loftin Plumbing.

5.     CHANGE ORDERS OR EXTRA WORK. We are obligated only to perform the specified scope of work. You may request changes or modifications in the scope of the work. These requests must be in writing. The terms of the written change order shall be binding on the parties. However, unless otherwise agreed in writing, all extra labor and materials shall be billed on a time and materials basis.

6.     EXTRA WORK REQUIRED BY A PUBLIC AUTHORITY. In the event that the applicable public authority or other government agency subsequently requires modifications or additional labor or materials which were not included in the applicable bid or estimate, then the contract price shall be adjusted, and a Change of Order will be required. We are not responsible for any special inspections, analysis or reports which are not ordinarily provided by a building inspector.

7.     CONTRACT PRICE. If the parties have agreed upon a fixed price reflected in an estimate signed by both parties, then the scope of work shall be as reflected in that written agreement. Time and Material charges will not be broken out in contract pricing.

8.     TIME AND MATERIALS. If a time and material contract is negotiated all pricing on labor and material will be made clear beforehand. Time and material projects will be turned into Contract Price with an agreed upon price by both parties.

9.      FLAT RATE. A flat rate is a service that includes labor, material, and the cost of running our business. We strive to keep these rates as reasonable and competitive as possible.  Time and material charges will not be broken out in flat rate pricing. These rates will be provided after initial evaluation of the plumbing issue, whenever possible.

10.   SCHEDULING. You are responsible for keeping a mutually agreed upon schedule for the work. If you fail to meet that schedule, by failure to be present at the site, or by failing to do anything to be prepared for the work to commence (including failure to make timely payments), then you will pay for the reasonable expense of any of our employees’ nonproductive trip(s). We reserve the right to charge a cancelation fee up to $1,500.00 to cover administration and handling fees. Only applicable on contract work.

11.   INSURANCE. Loftin Plumbing LLC does not bill third parties. If the balance due is not paid by insurance proceeds on completion of a project, then the account will be deemed to be in default, retroactive to the date of completion. Homeowner/Contractor will be held liable for any balance due.

12.   CORRECTION OR COMPLETION OF WORK. We shall have the irrevocable right to perform all corrective or pick-up work identified by you unless we decline to do so following receipt from you of a specific list of corrective or pick-up work and a reasonable period within which to perform the work. You shall not contract with any alternative contractor for the performance or completion of work within the scope of this agreement, nor shall you occupy or use our work until and unless we shall have been provided the notice and opportunity stated above. If you do contract with an alternative contractor to perform the pick-up work or otherwise correct or complete the project, without first affording us the above-described opportunity to do so, or if you commence to use or occupy the space in which we performed the work, you then agree to accept all work and materials “as is” and thereby waive any and all claims, of whatever nature, against us for any defects in performance, including labor, material, and warranty claims of any kind.

13.   RESPONSIBILITY FOR PREMISES. At the completion of the project, we will remove all waste materials and rubbish from the site, together with its tools, construction equipment, machinery, and surplus materials. You warrant that: all site conditions are known and disclosed; any plans supplied by you are adequate for intended purposes; and the provided address and legal description are correct and adequate for all purposes, including mechanic’s liens; you shall carry hazard insurance or bear the loss occasioned by hazard; and you shall not post any notice of non-liability. You shall determine and warrant to us the location of all property lines, underground restrictions or underground utilities, easements or rights of way, pipes, power lines, septic tanks, utility lines or drain fields, and shall indemnify us and hold us harmless from any loss or liability, including attorney fees and costs, resulting from any suits, claims, disputes, losses, or problems related to the above. You shall assume complete responsibility for the protection of all landscaping, trees, shrubs, and bedding plants which you wish to preserve, as they may become damaged during the progress of construction. We are not responsible for any drywall, fixtures, structural, or other damage that may occur or be necessary to complete the scope of work or any other damage that may occur as a result of the original plumbing, sewer or HVAC system, or other problems related to the premises. We shall not be obligated to correct or repair pre-existing structural deficiencies or problems resulting from such conditions, or the work of others.  You also understand that construction dust/particles are part of the any work environment. We will not be responsible for cleaning this byproduct.

14.   SCOPE OF WORK. Except as indicated specifically on the contract, the following work is not included in this contract: drywall repairs, concrete, or roof; gutter repairs; correction to landscaping or other property damaged in the normal course of work by digging or other operations.

15.   DEFAULT AND REMEDIES. Payment is due as required by your contract, and no later than the date of service or completion. In the event of a default in payment, we may, in addition to ceasing work, recover the complete contract. Interest shall accrue from the date of completion upon any balance which remains unpaid, whether the balance is liquidated or unliquidated. Any unpaid amounts shall accrue interest at the highest legal rate allowed by law in the state of Florida. In addition, a late fee of $10.00 per month may be assessed, and a $35.00 returned check fee may be assessed for any dishonored checks. Reasonable attorney fees and costs of collection shall be added to the balance due and shall be included in any award or judgment for non-payment.

16.   MECHANIC’S LIENS. Pursuant to FLORIDA STATUTE §713.015 and this agreement, we have a right to claim and enforce a lien on your property for any unpaid balance on your account, including interest and reasonable attorney fees and costs of collection.

17.   SAFETY. You must exercise special care for the safety of yourself and others. The following are examples. You shall not allow anyone to go into or remain in any work area while any dangerous conditions such as an open hole or exposed electrical components are present; or disregard safety barriers, rules or warnings, or allow any other person to do so. You understand that You waive, and release us from, any liability for injury or property loss caused by which you might avoid by exercise of reasonable care and shall indemnify us and hold us harmless from any loss or liability, including attorney fees and costs, resulting from any suits, claims, disputes, losses or problems related to the above.

18.   WEATHER AND OTHER RISKS. We shall not be held responsible for any problems caused by lightening, hurricane, tornado, hail, windstorm, and other unusual movement or settlement of a structure or ground, or for acts of God, war, labor strikes, unavailability of materials, mold, or caused by fires, floods, or other hazards (including personal injuries to third parties) typically covered by homeowner’s or builder’s risk insurance. We shall not be responsible for incidental, indirect, or special or consequential damages, including but not limited to personal injury to any person as a result of our performance, nonperformance or termination of this contract, whatever the cause, nor for any reason in an amount in excess of the amount paid to us.

19.   COMPLETE AGREEMENT. This contract constitutes our entire agreement, and there are no other promises, conditions, representations, warranties (including implied warranties of fitness or suitability) except as stated herein. This contract shall not be modified except in writing. For example, if you wish for us to perform additional work outside the scope of work, including any alteration or deviation from the contract specifications, or in connection with any defects or problems discovered during the job, then we will require a written change order including a reasonable charge for the extra work.