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TERMS AND CONDITIONS
<br /> It is agreed that Mr.Rooter®is not responsible for the following:
<br /> 1.Damage caused to the customers property as a result of obtaining access to and exposing plumbing and drainage systems.
<br /> 2.Additional plumbing work beyond that specifically mentioned in this estimate and proposal including,but not limited to,that which
<br /> may be required because of preexisting plumbing code violations or additional work revealed to be necessary as a result of
<br /> performing the specified work.
<br /> 3.Any repairs,installation,removal or replacement of non-plumbing items or activities including but not limited to:concrete,paving,
<br /> asphalt,slabs,sidewalks,driveways,patios,pools,shrubbery,grass lawns,fences,electrical wiring and fixtures,painting,
<br /> decorations,plastering,sheetrock and other wall coverings,glass,carpentry,millwork,cabinets,floors,carpeting,floor surfaces and
<br /> preparation,roofing,flashing,sheet metal gutters,downspouts,brick,stonework,extension walls,steel and other framework.
<br /> 4.Damage caused to customer's plumbing system by sewer and drain cleaning equipment when such is caused by pre-existing
<br /> defects in such plumbing systems.
<br /> Customer accepts full responsibility for the prompt payment of all costs of this agreement even though customer may intend to obtain
<br /> reimbursement from others such as landlords,tenants,insurance companies and tort feasors.
<br /> This proposal and said specifications shall not be altered or modified except by written agreement between the parties hereto and
<br /> verbal understandings and agreements with representatives shall not be binding unless set forth herein.
<br /> LIMITED SERVICE WARRANTY
<br /> Mr.Rooter warrants,to the extent stated herein,the plumbing repair service and drain cleaning services furnished by it.The stated
<br /> period of warranty commences upon installation or repair of plumbing or upon cleaning of drains.
<br /> Purchaser understands that Mr.Rooter's liability under this warranty is limited to repair,replacement,recleaning or refund of
<br /> purchasers money,and does not extend to property damage resulting from drains which become clogged or obstructed or from
<br /> plumbing work which fails during the agreed upon warranty period.
<br /> This warranty gives you specific legal rights.You may also have other rights which vary from state to state.
<br /> NOTICE TO OWNER
<br /> THE LAW REQUIRES THAT THE CONTRACTOR SHALL SUBMIT A SWORN STATEMENT OF PERSONS FURNISHING
<br /> MATERIALS AND LABOR BEFORE ANY PAYMENT IS REQUIRED TO BE MADE TO THE CONTRACTOR.
<br /> 1.Do not sign this contract until you read it or if any spaces Intended for the agreed terms,except as to unavailable Information.
<br /> are blank.
<br /> 2.You are entitled to a copy of this contract at the time you sign it.
<br /> 3.You may at any time pay off the full unpaid balance due under this contract, and In doing so you may receive a partial rebate
<br /> of the service shame.
<br /> 4.You may cancel this contract if it Is solicited In person, and you sign it,at a place other than the seller's business address, by
<br /> sending notice of cancellation by certified mall return request receipt requested to the seller at his address which notice shall be
<br /> postmarked not later than midnight of the third day(excluding Sundays and holidays) following your signing this contract. If you
<br /> choose to cancel this contract,you must return or make available to the seller at the place of delivery any merchandise. in its
<br /> original condition, received by you under this contract.
<br /> This contractor is registered to do business in the state in which this work is performed.(See registration number on the front side of
<br /> this contract.)Where required,this contractor has posted with the State all necessary bonds or cash deposits for the purpose of
<br /> satisfying claims against the contractor for negligent or improper work or breach of contract in the conduct of the contractors
<br /> business.This bond or cash deposit may not be sufficient to cover a claim which might arise from the work done under your contract.
<br /> If any supplier of materials used in
<br /> your construction project or any employee of the contractor or subcontractor is not paid by the contractor or subcontractor on your
<br /> job,your property may be liened to force payment.If you wish additional protection,you may request the contractor to provide you
<br /> with the original"lien release"documents from each supplier or subcontractor on your project.The contractor is required to provide
<br /> you with further information about lien release documents if you request it.General information is also available from the licensing
<br /> board in your state.
<br /> The specific telephone number and address of your governing agency can be found by calling 1-800-583-8003 or by writing Mr.
<br /> Rooter Corporation,P.O.Box 3146 Waco,Texas 76707.
<br /> CALIFORNIA RESIDENTS ONLY NOTICE TO OWNER
<br /> "Under the California Mechanics'Lien Law,any contractor,subcontractor,laborer,supplier,or other person or entity who helps to
<br /> 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
<br /> where the work was performed and to sue you in court to obtain payment.
<br /> 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
<br /> used to satisfy what you owe.This can happen even if you have paid your contractor in full if the contractors subcontractors,
<br /> laborers,or suppliers remain unpaid.
<br /> To preserve their rights to file a claim or lien against your property,certain claimants such as subcontractors or material suppliers are
<br /> each required to provide you with a document called a"Preliminary Notice."Contractors and laborers who contract with owners
<br /> 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
<br /> 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
<br /> they are not paid.In order to perfect their lien rights,a contractor,subcontractor,supplier,or laborer must file a mechanics'lien with
<br /> the county recorder which then becomes a recorded lien against your property.Generally,the maximum time allowed for filling a
<br /> mechanics'lien against your property is 90 days after substantial completion of your project.
<br /> TO INSURE EXTRA PROTECTION FOR YOURSELF AND YOUR PROPERTY,YOU MAY WISH TO TAKE ONE OR MORE OF
<br /> THE FOLLOWING STEPS:
<br /> (1)Require that your contractor supply you with a payment and performance bond(not a license bond),which provides that the
<br /> bonding company will either complete the project or pay damages up to the amount of the bond.This payment and performance
<br /> bond as well as a copy of the construction contract should be filed with the county recorder for your further protection.The payment
<br /> and performance bond will usually cost from 1 to 5 percent of the contract amount depending on the contractors bonding ability.If a
<br /> contractor cannot obtain such bonding,it may indicate his or her financial incapacity.
<br /> (2)Require that payments be made directly to subcontractors and material suppliers through a joint control.Funding services may be
<br /> available,for a fee,in your area which will establish voucher or other means of payment to your contractor.These services may also
<br /> provide you with lien waivers and other forms of protection.Any joint control agreement should include the addendum approved by
<br /> the registrar.
<br /> (3)Issue joint checks for payment,made out to both your contractor and subcontractors or material suppliers involved in the project.
<br /> The joint checks should be made payable to the persons or entities which send preliminary notices to you.Those persons or entities
<br /> have indicated-that they may have lien rights on your property,therefore you need to protect yourself.This will help to insure that all
<br /> persons due payment are actually paid.
<br /> (4)Upon making payment on any completed phase of the project,and before making any further payments,require your contractor to
<br /> provide you with unconditional„Waiver and Release"forms signed by each material supplier,subcontractor,and laborer involved in
<br /> that portion of the work for which payment was made.The statutory lien releases are set forth in exact language in Section 3262 of
<br /> the Civil Code.Most stationery stores will sell the„Waiver and Release"forms if your contractor does not have them.The material
<br /> suppliers,subcontractors,and laborers that you obtain releases from are those persons or entities who have filed preliminary notices
<br /> with you.If you are not certain of the material suppliers,subcontractors,and laborers working on your project,you may obtain a list
<br /> from your contractor.On projects involving improvements to a single-family residence or a duplex owned by the individuals,the
<br /> person signing these releases loses the right to file a mechanics'lien claim against your property.In other types of construction,this
<br /> protection may still be important,but may not be as complete.
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