Terms and Conditions

LIMITED WARRANTY

Company warrants its work to be free from defects in material and workmanship for the warranty period of ninety (90) days from completion unless otherwise stated. All warranties are void if payment is not made when due. Warranties extend only to the customer and are not transferrable. If a defect in materials or workmanship covered by this warranty occurs. Company will, with reasonable promptness, during normal business hours, remedy the defect. In no event shall Company be held liable for damage caused by any delay in remedying a defect. To obtain warranty performance, notify the Company of any defect or claims for breach, at the address and telephone number on the face thereof or telephone the office of XM Plumbing.

EXCLUSIONS AND LIMITATIONS

CUSTOMERS RIGHT TO REPAIR AND REPLACEMENT ARE THE EXCLUSIVE REMEDIES AND THE COMPANY SHALL NOT BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE MATERIAL PROVIDED FOR IN THIS CONTRACT.

The company is not responsible for the following which are excluded from the coverage of this limited warranty.

1.        Defective conditions listed under the above 'Responsibilities of Customer’

2.        Work performed by, or materials installed by, other parties not in this agreement.

3.        Defects and failures from mistreatment and/or neglect.

This limited warranty is the only express warranty Company gives. IMPLIED WARRANTIES, including, but not limited to, warranties of merchantability and fitness for a particular purpose are limited to a duration of ninety (90) days from the date of completion.

PROTECTION OF CUSTOMER S PROPERTY

Customer agrees to remove or to protect any personal property inside and out, and Company shall not be held responsible for said property. Nor shall Company be held responsible for the natural consequences of Company’s work which may cause damages to improvements to real property and any appurtenances to the residence or other real property. Company shall not be held responsible for damage to personal property, real property, or any improvements to real property caused by persons delivering materials or equipment or keeping gates and doors closed for children and animals.

ENTIRE AGREEMENT

This is the entire agreement. The parties are not bound by any oral expression or representation by any agent purporting to act for or on their behalf or by any commitment or arrangement not set forth herein. The agreement binds jointly and severally all signing as Customer, their heirs, representatives, successors and assigns. Company will not provide an itemized breakdown of materials and labor for flat-rate priced work. However, Company will provide an itemized list of all material used to perform the necessary repair only upon request.

NOTICE TO OWNER

Under the California Mechanics’ Lien Law any contractor, subcontractor, laborer, supplier, or other person or entity that helps to improve your property, but is not paid for his or her work or supplies, has a right to place a lien on your home, land or property where the work was performed and to sue you in court to obtain payment. This means that after a court hearing, your home, land and property could be sold by a court officer and the proceeds of the sale used to satisfy what you owe. This can happen even if you have paid your contractor in full if the contractor’s subcontractors, laborers, or suppliers remain unpaid. To preserve their rights to file a claim or lien against your property, certain claimants such as subcontractors or material suppliers are each required to provide you with a document called a "Preliminary Notice." Contractors and laborers who contract with owners directly do not have to provide such notice since you are aware of their existence as an owner. A preliminary notice is not a lien against your property. Its purpose is to notify you of persons or entities that may have a right to file a lien against your property if they are not paid. In order to protect their lien rights, a contractor, subcontractor, supplier, or laborer must file a mechanic’s lien with the county recorder which then becomes a recorded lien against your property. Generally, the maximum time allowed for filing a mechanics' lien against your property is 90 days after substantial completion of your project.

TO ENSURE EXTRA PROTECTION FOR YOURSELF AND YOUR PROPERTY YOU MAY WISH TO TAKE ONE OR MORE OF THE FOLLOWING STEPS.

1.        Require that your contractor supply you with a payment and performance bond (not a license bond), which provides that the bonding company will either complete the project or pay damages up to the amount of the bond. This payment and performance bond as well as a copy of the construction contract should be filed with the county recorder for your further protection. The payment and performance bond will usually cost from 1 to 5 percent of the contract amount depending on the contractor’s bonding ability. If a contractor cannot obtain such bonding, it may indicate his or her financial incapacity.

2.        Require that payments be made directly to subcontractors and material suppliers through a joint control. Funding services may be available, for a fee, in your area which will establish voucher or other means of payment to your contractor. These services may also provide you with lien waivers and other forms of protection. Any joint control agreement should include the addendum approved by registrar.

3.        Issue joint checks for payment, made out to both your contractor and subcontractors or material suppliers involved in the project. The joint checks should be made payable to the persons or entities which send preliminary notices to you. Those persons or entities have indicated that they may have lien rights on your property therefore you need to protect yourself. This will help to insure that all persons due payment are actually paid.

4.        Upon making payment on any completed phase of the project, and before making any further payments, require your contractor to provide you with unconditional "Waiver and Release" forms signed by each material supplier, subcontractor, and laborer involved in that portion of the work for which payment was made. The statutory lien releases are set forth in exact language in Section 3262 of the Civil Code. Most stationery stores will sell the "Waiver and Release" forms if your contractor does not have them. The material suppliers, subcontractors, and laborers that you obtain releases from are those persons or entities who have filed preliminary notices with you. If you are not certain of the material suppliers, subcontractors, and laborers working on your project, you may obtain a list from your contractor. On projects involving improvements to a single-family residence or a duplex owned by individuals, the persons signing these releases lose the right to file a mechanic’s lien claim against your property. In other types of construction, this protection may still be important, but may not be complete. To protect yourself under this option, you must be certain that all material suppliers, subcontractors and laborers have signed the "Waiver and Release" form. If a mechanic’s lien has been filed against your property, it can only be voluntarily released by a recorded "Release of Mechanic’s Lien" signed by the person or entity that filed the mechanic’s lien against your property unless the lawsuit to enforce the lien was not timely filed. You should not make any final payments until any and all such liens are removed. You should consult an attorney if a lien is filed against your property.

TERMS AND CONDITIONS

RESPONSIBILITIES OF CUSTOMER

Customer represents that all water and waste disposal systems are in good repair and condition and agrees to hold XM Plumbing harmless for the discovery of any of the following defective
conditions:

1.     Improper or faulty plumbing

2.     Pipes that are settled or broken

3.     Rusted or defective pipes

4.     Acids in the drain system

5.     Existing illegal conditions

6.     Defective roofing

Customer is required at his/her expense to do all work and other acts to meet all conditions necessary to allow Company to complete the work as provided in this agreement.

Customer finds the service and materials rendered and installed in connection with described work to have been completed in a satisfactory manner. Customer agrees that the amount set forth
on this contract in the space labeled "Total Duc" to be the total and complete flat rate/minimum charge. Customer’s signature authorizes that in case suit or action is instituted to collect any
amount that may be due, or becomes due, customer promises to pay all collection costs and such additional sums as a court may adjudge reasonable, such as court costs, attorney fees, service of
process, etc., in said suit or action. A monthly late fee of 1.5% will be added after 30 days on all
unpaid balances.

RESPONSIBILITIES OF COMPANY
CONDITIONS AND LIMITATIONS

Company shall do all work in a good workmanlike manner. The company is not responsible for any existing illegal conditions. Contractors are required by law to be licensed and regulated by the Contractors State License Board, which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged violation. Any questions concerning the contractor may be referred to the Registrar, Contractors State License Board, Post Office Box 26000, Sacramento, California, 95826.

For More Information:

Visit CSLB's web site at www.CSLB.ca.gov

Call CSLB at 800-321-2752

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