CONTRACT SUM. Customer agrees to pay Plumb Tite, LLC (“Contractor”) for all work, repairs, services, labor, materials, supplies, licenses, permits, fees and applicable taxes performed and/or delivered by the Contractor. Payment is due according to the terms of the invoice and as agreed upon by the customer before and during work performed. Please be aware that there may be times when the scope of work to be performed changes or necessitates a “change” in price during performance due to unforeseen circumstances. If this does occur, Contractor will notify customer of these changed circumstances and have any pricing changes approved before commencing.
PAYMENT. Payment will be made by Customer immediately upon completion of any and all work, repairs, services, labor, materials, and supplies (collectively, the “Work”), unless otherwise stated or agreed upon. No deduction shall be made from payments due to Contractor on account of penalties, liquidated damages, back charges for alleged defective work or other sums withheld from payments to other contractors, or on account of the cost of changes or defects in the Work. To the extent permitted by law, accounts that are unpaid after 10 days from the invoice data are subject to a service charge of 2% per month until paid in full. If Customer’s payment check is returned for any reason, there shall be a $50.00 charge for the returned check (or the maximum amount allowed by law). Customer recognizes and agrees that payment for the Work when due is an express condition precedent to Contractor performing the Work and that failure to pay when due shall entitle Contractor to immediately terminate the Work and/or file a lien on the property in which work was performed for the amount then due and owing. If Contractor terminates the Work due to nonpayment, the Customer shall, to the fullest extent permitted by law, pay or reimburse Contractor for all reasonable costs and expenses incurred by Contractor up to the date of termination including, but not limited to, labor, materials, supplies, licenses, permits, fees, taxes and reasonable allowance for overhead and profit. Additionally, all legal expenses, including attorney fees expended to procure payment will be charged to customer as a condition precedent.
SCOPE OF WORK. The scope of Work relevant to Contractor’s Work shall be as defined in the invoice, accepted estimate or work order presented to customer. Contractor will not perform any work or services or provide any materials or supplies other than as specified in this invoice, accepted estimate or work order, including but not limited to plaster/wall work, tile work, landscaping, masonry, flooring, paving, etc. Unless expressly stated as included in the TOTAL price, paint, plaster, stucco and landscaping are not included in the TOTAL and shall be the responsibility of the Customer. No changes in the scope of Work shall be made without prior written authorization from Contractor. Contractor may be ordered in writing by the Customer to make changes in the Work within the general scope of this Contract consisting of additions, deletions, or other revisions. Contractor, prior to the commencement of such changed or revised Work, shall submit promptly to Customer written copies of a claim for adjustment to the TOTAL for such revised Work. Contractor shall make all claims to Customer for additional cost, extensions of time and damages for delays or other causes.
INDEMNITY AND AGREEMENT TO HOLD CONTRACTOR HARMLESS. To the fullest extent permitted by law, Customer shall indemnify and hold Contractor and its agents and employees harmless from and against claims, causes of actions, damages, losses, liability, costs and expenses, including but not limited to, attorney’s fees, consequential damages arising out of or as a resulting from:
Any additional labor, materials and supplies, including repairs to damaged equipment and other plumbing caused or necessitated by concealed, unknown, latent, unusual, or unforeseen conditions or circumstances which materially differ from that which is visually ascertained and/or are outside the reasonable control of Contractor and regardless of whether such damage is caused in part by Contractor.
The performance of Work by Contractor invoking, affecting, or relating to concealed, unknown, latent, unusual, or unforeseen conditions or circumstances regardless of whether such damages are caused in part by Contractor.
The presence, release, remediation or removal of asbestos or other hazardous materials or substances and any costs, losses or damages Customer may suffer or sustain if such materials or substances are found to exist in Customer’s property. Contractor has no information whatsoever with respect to asbestos or other hazardous materials or substances in any portion of the Customer’s property and has not conducted any investigation in connection therewith. Contractor does not perform asbestos or other hazardous materials or substances removal and Contractor shall have no responsibility whatsoever therefore and Customer expressly releases Contractor from any and all obligations and/or liability associated therewith.
The release of spillage of sewage, including the cost to remediate or clean up the same.
Work or services that were recommended by Contractor but declined by Customer.
Removal and/or repairs necessitated by removal of any drain cleaning cable becoming stuck in drain, pipes, fixtures or cleanouts.
Damages caused by broken, settled, rusted, deteriorated or lead pipes, fixtures or cleanouts and any damage resulting from cleaning such lines, pipes fixtures or cleanouts.
Damage to property or injury/death to persons caused by Customer’s failure to secure the work area in accordance with this Contract.
CUSTOMER’S OBLIGATIONS. Customer will keep the Work site free from any obstructions or conflicts, including any items or materials that would tend to interfere with the performance of the Work of Contractor and Customer will have the Work site completely cleared of personal items and vehicles, etc. before arrival of crew. Customer will ensure that people and/or pets are kept clear of the Work site. Contractor is not responsible for damage to items/articles left within the Work area or for injuries to persons/pets that enter the Work area. Customer will provide Contractor exclusive access to areas covered by this Contract during the performance of Work specified in this Contract. Customer will secure, at its sole cost and expense, all permits, and licenses that are required to legally perform the Work and shall be responsible for all additional work and materials required by applicable governmental agencies in accordance with such permits, licenses and inspections required by such governmental agencies. Customer will promptly provide Contractor with copies of any required permits and licenses and any notices received by Customer from applicable governmental agencies.
LIMITED WARRANTY. Except as expressly provided for in this Contract, no representation or warranty, expressed or implied, shall be binding upon Contractor. This Limited Warranty is extended to the Customer or successors in interest, including future owners of the premises. For 1 year after completion of the Work (the “Warranty Period”) or such applicable shorter periods as hereinafter specified, Contractor warrants to Customer that all Work and materials provided by or through Contractor with respect to the premises will be free from defects due to faulty materials or workmanship, subject to the exclusions, limitations and provisions of this Limited Warranty. Contractor will cause to be repaired or, at its option, to be replaced, the defective item necessitated by a defect in material or workmanship. Contractor shall pay the full cost of labor and materials for any such repair or replacement; provided, however, that the maximum limit of liability or Contractor under the Limited Warranty is limited to the TOTAL paid by Customer and in no event shall Contractor’s liability under this Limited Warranty exceed $2,500. Steps taken by Contractor to correct defects shall not act to extend the terms or duration of this Limited Warranty. Contractor shall not be obligated to remedy any defects that are covered by this Limited Warranty unless the Customer notifies Contractor of the defect before the expiration of the Warranty Period in accordance with the provisions of this Contract. In the event Contractor repairs or replaces, or pays the cost of repairing or replacing any defect covered by this Limited Warranty for which Customer is covered by insurance, upon request by Contractor, Customer shall assign the proceeds of such insurance to Contractor to the extent of the cost to Contractor of such repairs or replacement or payment. However, under no circumstance shall any drain issues that have been worked on or addressed by the Contractor be warranted for any period, except as expressly stated in any subsequent document or estimate signed by the customer clearly stating that such work has been warranted.
This Limited Warranty is subject to the following terms, conditions, limitations and exclusions, all of which are an integral part hereof: Existing structural defects or products or Work not supplied by Contractor; Improper maintenance, usual or unusual wear of lines, pipes, fixtures or cleanouts; Acts of God/Force Majeure; Any damage caused by or as the result of improper care, improper maintenance or the improper use of line, pipes fixtures or cleanouts, including but not limited to damage caused by negligence, abuse or accidents, are excluded from this Limited Warranty. This Limited Warranty specifically excludes drain-cleaning services. This Limited Warranty excludes any damage to the extent it is caused or made worse by: negligence, improper maintenance or improper operation by anyone other than Contractor or its employees, agents or subcontractors; or normal wear and tear or normal deterioration. In the event that a manufacturer offers a warranty for items or materials used in the Work, said warranty shall supersede and negate this Limited Warranty. Contractor shall not be liable for any damages, including lost profits, incidental, special, exemplary, indirect or consequential damages resulting from any claim not covered by this Limited Warranty.
Customer agrees to exercise due diligence in inspecting the Work upon completion by Contractor. If Customer has a claim under this Limited Warranty, Customer shall telephone Contractor (at the phone number set forth in the Contract) prior to the expiration of the Warranty Period and within 24 hours of the discovery of the claim. Contractor shall respond with reasonable promptness between the hours of 8:00 a.m. and 6:00 p.m. Contractor shall not be liable for water or other damage relating from any defect or delay in responding to claim and Customer shall be responsible for taking reasonable steps to mitigate any such damage. Failure to timely notify Contractor of a claim under this Limited Warranty or failure to permit Contractor with reasonable access to the premises as required herein to make the necessary repairs or replacements shall void this Limited Warranty and Contractor shall have no liability for any damages, claims, costs, or expenses arising therefrom.
MISCELLANEOUS. This Contract comprises the entire, integrated agreement between the parties and supersedes, cancels and annuls any and all prior agreements, arrangements, representations or understanding between the parties whether written or oral. This Contract may not be modified orally. No waiver, express or implied, of any breach hereunder by either party shall be deemed a continuing waiver or as a consent to any subsequent breach. No failure by either party to insist upon the strict performance by the other party of any agreement, term condition of this Contract, or to exercise any right or remedy contingent upon a breach thereof shall constitute a waiver, express or implied, of any such breach or of the Contract. The invalidity or unenforceability of any provision of this Contract shall not affect or impair the enforcement of any other provision, and this Contract shall be construed as if such invalid or unenforceable provision had never been contained herein. Notwithstanding the application of any principles of conflict of laws, the parties agree that this Contract shall be construed in accordance with the law of the state of Kentucky and shall not be construed strictly for or against either party. Any claim, dispute, or controversy (the “Claim”) by Customer against Contractor arising out of or related to this Contract or the alleged breach thereof, shall be within thirty (30) days of the event giving rise to the Claim. Customer shall be liable for any incidental damages suffered by Contractor resulting from Customer’s breach of this Contract, including expenses reasonably incurred in inspection, receipt, transportation, and care and custody of materials, any commercially reasonable charges, expenses, or commissions in connection with effecting cover for the services, and any other reasonable expense incident to delay or other breach. In the event that Customer should default under any of the provisions of this Contract, and Contractor should employ attorneys or incur other expenses to enforce this Contract, Customer shall pay Contractor all expenses incurred therefore, including attorneys’ fees. In addition to any other remedies provided in this Contract or any remedies provided in law or equity, should Customer fail to timely pay Contractor the TOTAL in accordance with the terms of this Contract, Contractor shall retain the right to file a mechanic’s lien against the real property upon which the Project is situated pursuant to the applicable mechanic’s lien laws of the state in which the project is located to secure the amount owed to Contractor hereunder, including a $250 processing fee. Contractors and Customer’s rights and remedies shall be cumulative and may be exercised and enforced concurrently. Any right or remedy conferred upon Contractor or Customer under this Contract shall be deemed to be exclusive of any other right or remedy it may have. This Contract shall be construed, interpreted and controlled by the laws of Kentucky, without regard to conflicts of law, rules, decisions, or statutes, and all claims arising out of or related to the parties’ obligations created by this Contract, whether sounding in contract, tort or otherwise, shall be governed and decided pursuant to the laws of the state of Kentucky, including statutes of limitations, but not including its choice of law rules. Any legal suit, action or proceeding in any matter arising out of or in relation to or based upon this Contract shall be instituted in the Kenton County, Kentucky Circuit Court. Each of the parties waives, to the fullest extent it may effectively do so, any objection which it now or later may have to the jurisdiction of or the laying of venue in the County Court to the extent that such court may not possess subject matter jurisdiction, including any objection based upon inconvenient forum. The parties agree that a final judgment in any such suit, action or proceeding shall be conclusive and may be enforced in other jurisdictions as provided by law. This Contract may be executed in counterparts, each of which will be deemed and original and all of which will constitute a single agreement. A photocopy of this executed Contract shall be effective and enforceable as if such photocopy is an original.
TERMINATION. In the event of a dispute between Contractor and Customer, Contractor, at its sole option, shall have the right to terminate this Contract at any time, without cause and without penalty. Upon such termination, Customer shall pay or reimburse Contractor for all reasonable costs and expenses incurred by Contractor up to the date of termination including, but not limited to, labor, materials, supplies, licenses, permits, fees, taxes and reasonable allowance for overhead and profit. If Customer shall terminate this Contract prior to the completion of the Work, Customer shall immediately pay to Contractor the greater of: (a) 50% of the TOTAL agreed upon; or (b) all reasonable costs and expenses incurred by Contractor up to the date of termination including, but not limited to, labor, material, supplies, licenses, permits, fees, taxes and a reasonable allowance for overhead and profit.
BUYER’S RIGHT TO CANCEL. If this agreement was solicited at your residence and you do not want the goods or services, you may cancel this agreement by mailing a notice to the seller. The notice must state that you do not want the good or services and must be mailed before midnight of the third business day after you sign the agreement. The notice must be mailed to: Plumb Tite, 8 Division Street, Erlanger, KY 41018. Buyer’s right to cancel herein shall not apply to goods or services supplied by the seller in cases or emergency.