Accelerated Sewer and Drain LLC
Service Agreement / Contract / Terms of Service
GENERAL DISCLAIMER
Accelerated Sewer and Drain LLC and its affiliates will not take any responsibility for any damage to any property or losses in the course of any service(s) provided. This also includes cleaning of any drain or sewer line(s) and does not assume any responsibility for break- age of any toilet, P-trap or fixture while being pulled or damages to property from the new or defective replacement parts manufactured by others.
RIGHT FOR CONTRACTORS BOND
You, the homeowner (BUYER) or the (TENANT) have the right to require the contractor to furnish you with the performance bond and a payment bond. However the contractor can require you to pay for the bond. You also have the right to ask the contractor for liability insurance and workers compensation insurance certificate.
SITE CONDITIONS
A. If CONTRACTOR must obtain access to other properties in the course of work, CUSTOMER shall secure permission for such and hold harmless and indemnify CONTRACTOR and its employees and agents against all actions and consequences arising or relating to the use of said properties, including but not limited to damage done in the normal course of work, excluding negligence, and for securing said property and its contents during and after work.
B. CUSTOMER shall secure, remove and protect all property, and its contents, including but not limited to adults, children, animals, cabinets, fixtures flooring, walls, tiling, carpets, drapes, furniture, and vegetation during and upon completion of work, and shall hold harmless and indemnify CONTRACTOR, its employees and agents against all claims arising out of CUSTOMER’S failure to do so.
C. If suggested options are not chosen by the CUSTOMER and a failure is experienced, the CONTRACTOR is held harmless.
UNFORESEEN CONDITIONS
A. If conditions and/or circumstances are encountered at the job site which are concealed physical conditions, or unknown physical conditions of an unusual nature, which differ materially from that which is visually ascertained, CUSTOMER agrees to accept responsibility for such conditions and those circumstances outside the control of CONTRACTOR and further agrees to pay for any labor or materials, including repair to damaged equipment of CONTRACTOR caused by such conditions and/or circumstances.
B. It is the intent of this provision to make CUSTOMER responsible for all (1) unforeseen and concealed conditions, and (2) for that which CONTRACTOR cannot control. Accordingly, CUSTOMER further agrees to hold CONTRACTOR harmless and shall indemnify and defend CONTRACTOR and all its agents and employees from and against all claims, damages, losses and expenses, including but not limited to attorney fees, consequential damages, arising out or as a result from the performance of CONTRACTORS work involving, affecting, or relating to such unforeseen or concealed conditions regardless of whether such damages are caused in part by CONTRACTOR.
C. Any drain cleaning cable, which becomes stuck in the line, is the responsibility of the CUSTOMER for removal and/or additional repairs. CONTRACTOR is not responsible for any damages caused due to drain cleaning cable.
D. CONTRACTOR will not clean any drain line or sewer lines through a roof vent, if deemed unsafe.
E. If a sewage spill is deemed hazardous material, the cost of clean up is the responsibility of the CUSTOMER.
PAYMENT
A. All work is done on a fixed CONTRACT PRICE. The price includes Materials, Tax and Labor. NO BREAKDOWN WILL BE PROVIDED!
B. Payment for the work described herein this Agreement shall be immediately due upon completion of the work, unless otherwise specified in writing.
C. No deduction shall be made from payments due CONTRACTOR on account of penalty, liquidated damages, back- charges for alleged defective work, or other sums withheld from payments to other CONTRACTORS, or on account of the cost of charges or defects in the work. Furthermore, CUSTOMER agrees and recognizes that payment for services rendered by CONTRACTOR when due is an express condition precedent to CONTRACTOR continuing work as herein described in this Agreement. CUSTOMER recognizes that the failure to pay for services when due shall entitle CONTRACTOR to terminate work immediately. In the event that CONTRACTOR terminates work for non–payment as herein described, CONTRACTOR shall be entitled to all of its reasonable expenses including, but not limited to, cost of labor, materials, a reasonable allowance for overhead and profit, and all other compensation as allowed by law. All warranties will be void.
SERVICES NOT COVERED
CONTRACTOR will not perform any other work or trade than that which is specified herein, including but not limited to carpentry, plaster/wall work, tile work, landscaping, masonry, flooring, roofing, paving, etc., unless specified in writing. Unless otherwise stated, paint, plaster, stucco, and landscaping is the responsibility of CUSTOMER.
SCOPE OF AGREEMENT
This agreement represents the entire and integrated agreement between CUSTOMER and CONTRACTOR and supersedes all prior negotiations, representations or agreements, either oral or written. This agreement may be amended only by a written instrument offered by CONTRACTOR and accepted by CUSTOMER.
DEFINITIONS
A. The term “CONTRACTOR” herein refers to Accelerated Sewer and Drain LLC, and its affiliates.
B. The term “CUSTOMER” herein refers to a person/agent whom the CONTRACTOR is rendering its services.