All Phase Plumbing Services
Terms and Conditions
1. Introduction
These terms and conditions govern the use of plumbing services provided by Soukkala Contracting, LLC doing business as All Phase Plumbing Services ("Company," "we," or "us"). By hiring our services, you ("Customer") agree to these terms.
2. Services Provided
The Company offers a range of plumbing services, including but not limited to installation, repair, and maintenance of plumbing systems. The scope of work and cost will be detailed in the service agreement or estimate provided to the Customer prior to commencement of work.
3. Estimates and Pricing
All pricing provided in estimates is based on the information available at the time and may be subject to change if additional issues or requirements are identified during the course of work. The Customer will be notified of any necessary adjustments to the pricing before additional work is undertaken.
4. Payment Terms
When you provide a check as payment, you authorize us either to use information from your check to make a one-time electronic fund transfer from your account or to process the payment as a check transaction. If you fail to pay us any amount when due, we will charge you interest on the amount due at a rate of 1.5% interest per month. You will reimburse us for the attorney’s fees we incur in all stages of collection.
5. Access to Property
The Customer agrees to provide access to the property as needed to complete the plumbing work. This includes access to water, electricity, and any other facilities required to carry out the services. The Customer is responsible for securing and removing any valuables from the work area.
6. Warranties and Guarantees
The Company provides a warranty on workmanship for a period of 1 year for re-pipe services from the date of completion. Manufacturer warranties on parts and equipment are passed on to the Customer. This warranty does not cover damages or malfunctions caused by misuse, neglect, or unauthorized modifications by the Customer.
7. Limitations of Damages.
Our liability to you for any claim arising out of work on any job (other than a claim permitted by these terms for personal or bodily injury) will in no event exceed the original cost of the work performed. EXCEPT FOR A CLAIM PERMITTED BY THESE TERMS FOR PERSONAL OR BODILY INJURY OR PROPERTY DAMAGE, YOU WAIVE ANY RIGHT TO RECOVER INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, OR DELAY DAMAGES.
8. Liability
The Company is not liable for any indirect, incidental, or consequential damages arising from the services provided. The Company’s total liability is limited to the amount paid by the Customer for the specific service provided. You agree to (a) remove any hazards, obstructions, or dangerous conditions around the job site not caused by our work, (b) limit access to the job site so that people not working on our job are not exceeded to dangerous conditions relating to our job, and (c) place appropriate warning to warn of dangerous conditions when we are not on the job site.
9. Cancellations and Rescheduling
Cancellations or rescheduling of services must be made at least 24 hours before the scheduled service date. Failure to do so may result in a cancellation fee of $75 or 10% of the project whichever is more. The Company reserves the right to reschedule services due to unforeseen circumstances, such as weather conditions or emergencies.
10. Customer Responsibilities
The Customer agrees to ensure that all plumbing systems and fixtures are in compliance with local regulations and building codes. The Customer is also responsible for informing the Company of any known issues or conditions that could affect the performance of the services.
11. Exceptions to Our Responsibilities
We are not responsible for (a) personal injury, property damage, or damage or loss to you or others arising out of our work, except to the extent caused by our negligence or failure to perform the work in accordance with the contract between us; (b) defective, damaged, or deteriorated line, mold, lead piping, or other unexpected or undisclosed conditions, and the consequences of such conditions, including delays, broken fixtures or pipes, and lodged equipment (if we encounter such condition, we may stop work, and you will pay us a reasonable charge for the work performed); (c) the time required to complete our work with reasonable diligence; (d) unless explicitly stated in writing, any damage necessary to complete our work, including damage to landscape, walls, painting, tile or concrete or similar items; (e) damage caused by the removal of any cleanout, drain cover or cap; or (f) tasks we perform in accordance with your specific instructions.
12. Dispute Resolution
In the event of a dispute, both parties agree to first attempt to resolve the issue through informal negotiations. If a resolution cannot be reached, the dispute will be subject to mediation or arbitration as agreed by both parties.
13. Release and Hold Harmless
You release us from (and if you are a commercial customer, defend and indemnify us and hold us harmless against) all damages, claims, demands, settlements, judgments, liabilities, costs, and expenses, including attorney’s fees, allegedly arising out of (a) breach of your responsibilities under paragraph 1, or (b) matters which we disclaim responsibility under paragraph 10.
14. Our Guarantee
If we provide a parts or equipment guarantee, we will give you the benefit we receive, if any, under the manufacturer’s warranty. If we provide a service guarantee, it covers only drainage failure in the specific drain line serviced, and defective plumbing workmanship, during the guaranteed term. Under our service guarantee, we will, at our option, either do the work again at no labor cost or refund your payment. Guarantees do not apply to problems arising out of main sewer line backup or improper, abnormal, or unanticipated use or conditions. Except as explicitly stated in writing, we are not giving any guarantees or making any warranties. WE DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
15. Governing Law
These terms and conditions are governed by the laws of Florida. Any legal action related to these terms must be brought in the courts of the City of Tampa, Hillsborough County.
16. Amendments
The Company reserves the right to amend these terms and conditions at any time. The Customer will be notified of any changes, and continued use of our services constitutes acceptance of the revised terms.
17. General
These terms are a part of our contractual agreement and will prevail over any inconsistent terms in any other agreement between us, including the terms of any purchase order, and may be modified only in a written instrument signed by both of us which specifically refers to the provisions to be modified. If any of these terms is held invalid or unenforceable, the remaining provisions will not be affected and will continue to apply.
ACCORDING TO FLORIDA'S CONSTRUCTION LIEN LAW (SECTIONS 713.001-713.37, FLORIDA STATUTES), THOSE WHO WORK ON YOUR PROPERTY OR PROVIDE MATERIALS AND SERVICES AND ARE NOT PAID IN FULL HAVE A RIGHT TO ENFORCE THEIR CLAIM FOR PAYMENT AGAINST YOUR PROPERTY. THIS CLAIM IS KNOWN AS A CONSTRUCTION LIEN. IF YOUR CONTRACTOR OR A SUBCONTRACTOR FAILS TO PAY SUBCONTRACTORS, SUB-SUBCONTRACTORS, OR MATERIAL SUPPLIERS, THOSE PEOPLE WHO ARE OWED MONEY MAY LOOK TO YOUR PROPERTY FOR PAYMENT, EVEN IF YOU HAVE ALREADY PAID YOUR CONTRACTOR IN FULL. IF YOU FAIL TO PAY YOUR CONTRACTOR, YOUR CONTRACTOR MAY ALSO HAVE A LIEN ON YOUR PROPERTY. THIS MEANS IF A LIEN IS FILED YOUR PROPERTY COULD BE SOLD AGAINST YOUR WILL TO PAY FOR LABOR, MATERIALS, OR OTHER SERVICES THAT YOUR CONTRACTOR OR SUBCONTRACTOR MAY HAVE FAILED TO PAY. TO PROTECT YOURSELF, YOU SHOULD STIPULATE IN THIS CONTRACT THAT BEFORE ANY PAYMENT IS MADE, YOUR CONTRACTOR IS REQUIRED TO PROVIDE YOU WITH A WRITTEN RELEASE OF LIEN FROM ANY PERSON OR COMPANY THAT HAS PROVIDED YOU A "NOTICE TO OWNER." FLORIDA'S CONSTRUCTION LIEN LAW IS COMPLEX, AND IT IS RECOMMENDED THAT YOU CONSULT AN ATTORNEY.
18. Acceptance
By hiring the Company’s services, the Customer acknowledges that they have read, understand, and agree to these terms and conditions.
Contact Information
All Phase Plumbing Services
100 S Ashley Dr Ste 600
Tampa, FL 33602
(813) 641-7506
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