Standard Proposal Terms and Conditions
PLUMBING PROS LLC
The following are the Standard Proposal Terms and Conditions (“Terms”) that shall govern the offering and acceptance of the foregoing proposal/estimate by Plumbing Pros LLC (“Plumbing Pros”). To the extent that Plumbing Pros has executed a master service agreement to govern its relationship with the recipient of this proposal, said master service agreement shall control where it is in conflict with these Terms. To the extent that any terms of a master service agreement are not in conflict with these Terms, these Terms shall apply. To the extent there is no master service agreement, these Terms shall fully apply.
1. The pricing in this proposal is based on the scope of work as specifically detailed in the proposal and/or estimate. In the event the scope of work changes due to a request from Customer or due to unforeseen circumstances that are beyond Plumbing Pros’s control that necessitate a change to the scope of work, Plumbing Pros reserves the right to request a change order for any deviation from the above scope of work, which change order shall be approved by Customer, which such approval shall not be unreasonably withheld or delayed, before Plumbing Pros performs any work beyond the original scope of the proposal. If hidden or unforeseen issues arise (e.g., concealed pipe damage, structural defects, or hazardous materials), work may be paused, and a change order will be issued for additional charges as needed.
2. Plumbing Pros offers the above scope of work at Time and Materials, with a price not to exceed the Total Amount listed above.
3. This proposal does not include freight or sales tax. These costs will be added to the final invoice to Customer, with no mark-up, if any.
4. Payment is due in full upon the completion of the proposal, unless otherwise agreed to in writing by the parties hereto. Unpaid balances are subject to a 2% compounding monthly late fee, calculated as of the 1st of each month. If Plumbing Pros has a credit card on file for Customer, unless Customer arranges some other payment method with Plumbing Pros ahead of completion, Plumbing Pros shall charge the credit card of Customer upon the completion of the proposal.
5. All purchase orders are to be sent to plumbingprospa@gmail.com.
6. This proposal expires thirty (30) days from the date of this proposal. All materials will be at market value upon date purchase order is received back from Customer, executed and approved by Customer.
7. In the absence of a written acceptance of these terms and conditions by the Customer, placement of an order by Customer for any services detailed in the proposal or acceptance of an estimate, invoice, or commencement of work herein shall serve as Customer’s acceptance of the proposal and these Terms and shall constitute the entire agreement between Plumbing Pros and Customer for this proposal.
8. The price and terms herein are not subject to verbal changes or other agreements unless approved in writing by an authorized representative of Plumbing Pros. Prices are based on costs and conditions existing on date of proposal and are subject to change by Plumbing Pros before final acceptance.
9. Typographical and stenographical errors are subject to correction.
10. Plumbing Pros shall not be liable or responsible to Customer, nor be deemed to have defaulted under or breached these Terms or the proposal, for any failure or delay in fulfilling or performing any term of this proposal when and to the extent such failure or delay is caused by or results from acts beyond Plumbing Pros’ reasonable control, including, without limitation, the following force majeure events (“Force Majeure Event(s)”) that frustrates the purpose of this proposal: (a) acts of God; (b) flood, fire, earthquake or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order or law; (e) actions, tariffs, embargoes or blockades in effect on or after the date of this proposal/estimate; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labor stoppages or slowdowns, or other industrial disturbances; (i) epidemic, pandemic or similar influenza or bacterial infection; (j) emergency state; (k) shortage of adequate construction supplies and equipment; (l) shortage of power or transportation facilities; and (m) other similar events beyond the reasonable control of Plumbing Pros.
11. Plumbing Pros shall not be held liable for any drawing, specification, or other information supplied by the Customer upon which it relies in completing the terms of the proposal.
12. If Plumbing Pros is unable to collect any funds due from Customer arising from orders placed and extras signed for by Customer, all collection costs, court costs, and legal fees, including reasonable attorney’s fees, as well as all legal interest charges on the unpaid balance, shall be borne by the Customer and its principals.
13. Plumbing Pros reserves its right to place a lien on Customer’s property and will provide final waiver of such lien only after payment has been received in full.
14. If Customer properly cancels an order at any time prior to its completion, with proper notice to Plumbing Pros, Customer agrees to pay Plumbing Pros for the percentage of work completed and the materials purchased.
15. Customer agrees to abide by the terms of this proposal. Plumbing Pros is not bound by any other contracts that the Customer makes with third parties. Such contracts or agreements shall have no bearing upon the agreement between Customer and Plumbing Pros.
16. Any specifications, samples, designs, formulations, trade secrets, financial data, or other information that Plumbing Pros identifies as or otherwise deems confidential and discloses to the Customer in connection with the proposal shall remain the exclusive property of Plumbing Pros and shall, along with any information derived from the same, be kept confidential by the Customer and its employees, representatives and agents and shall not, without Plumbing Pros’ prior written consent, be disclosed to any third party or used except for purposes of the proposal. The Customer shall remain responsible for any breach of confidentiality obligations by its employees, representatives, and agents. Notwithstanding the foregoing, such information shall not be deemed confidential to the extent that the Customer can demonstrate by written record that it was previously known by the Customer, became generally available to the public through no fault of the Customer, was disclosed to the Customer by a third party without breach of any confidentiality obligation, or is specifically required to be disclosed by law or legal process. If the Customer is required to disclose confidential information by law or legal process, the Customer must give Plumbing Pros prior written notice as is reasonably practicable and reasonably assist Plumbing Pros in obtaining a protective order or other injunctive relief. In addition, the Customer shall keep its relations with Plumbing Pros confidential, and shall make no use of Plumbing Pros’s corporate name or logo on any of Customer’s communication material or on any support, including websites, presentations or paper documentation, except to the extent that Plumbing Pros consents in writing prior to such use.
17. All disputes between the parties hereunder, whether arising from the Terms or the interpretation of its provisions, or arising from the proposal itself, or arising from alleged facts outside the provisions of the proposal or Terms whether prior to, during or subsequent to the proposal, including without limitation, negligence, misrepresentation, or any other alleged tort or violation of these Terms (“Dispute”), shall be governed by, construed and enforced in accordance with the laws of the Commonwealth of Pennsylvania, without reference to choice of law principles or the legal theory upon which such Dispute is asserted. All Disputes shall be resolved by binding arbitration before one neutral arbitrator in accordance with the Commercial Arbitration Rules of the American Arbitration Association then pertaining. The parties hereby consent to the holding of arbitration in Northampton County, Pennsylvania, and consent to the jurisdiction of the courts of the Commonwealth of Pennsylvania for the enforcement of these provisions and the entry of judgment on any award rendered hereunder. Should the chosen court of the Commonwealth of Pennsylvania for any reason lack jurisdiction, any court with jurisdiction shall enforce this provision and enter judgment on any award. The arbitration proceedings, together with all discovery made pursuant thereto and statements or documents exchanged by the parties in connection therewith, shall be kept confidential and shall only be used by such parties in connection with the arbitration proceedings. THE ARBITRATOR SHALL NOT AWARD ANY PARTY PUNITIVE OR EXEMPLARY DAMAGES, AND EACH PARTY HEREBY IRREVOCABLY WAIVES ANY RIGHT TO SEEK SUCH DAMAGES. All costs of arbitration shall be evenly divided between the parties, exclusive of each party’s legal fees and expenses associated with the arbitration, each of which shall be borne by the party that incurs them. This provision shall survive the termination or expiration of these Terms and/or the Order for any reason and may be enforced by a party after such event.
18. Plumbing Pros offers a one (1) year warranty, from the completion of services, that the services it provides will be free from defect, provided there have been no intervening causes or events, normal wear and tear excepted, that would damage the work/services provided by Plumbing Pros. Apart from the one (1) year warranty on Plumbing Pros services, Plumbing Pros makes no warranty, express or implied, of any kind and Plumbing Pros expressly disclaims any and all warranties and conditions, including but not limited to any implied warranty of merchantability, fitness for a particular purpose, availability, security, title, and/or non-infringement of the subject matter of the proposal. The foregoing notwithstanding, Plumbing Pros does offer the manufacturer warranties of the materials provided and used by Plumbing Pros in the services outlined in the proposal/estimate. Plumbing Pros makes no such warranty for materials provided by Customer. Any extended warranty offered through a Plumbing Pros LLC membership plan shall be governed by the membership agreement and Section 18A of these Terms and Conditions. In the event of a conflict between the standard one-year warranty and a membership extended warranty, the membership extended warranty shall apply only to the specific qualifying items covered under the active membership plan.
18A. Membership Extended Warranty, Limitations, and Liability Disclaimer
Certain Plumbing Pros LLC membership plans may include an extended parts and labor warranty benefit on qualifying fixtures, products, and installations performed by Plumbing Pros LLC. The length of the extended warranty shall be determined by the specific membership plan selected by the Customer and shall only apply when the extended warranty benefit is specifically listed in the applicable membership agreement.
The extended membership warranty applies only to qualifying fixtures, products, materials, and installation work supplied and installed by Plumbing Pros LLC. This warranty does not apply to customer-supplied materials, customer-supplied fixtures, pre-existing plumbing systems, work performed by others, or any portion of the plumbing system not included in Plumbing Pros LLC’s original scope of work.
To keep the extended membership warranty valid, the Customer must remain continuously enrolled in the applicable Plumbing Pros LLC membership plan for the full warranty period. If the membership is canceled, terminated, becomes inactive, or is canceled due to failure of payment at any time during the warranty period, the extended warranty shall be immediately void. Once voided, Plumbing Pros LLC shall have no further obligation to honor the extended membership warranty.
Warranty coverage may be denied, limited, or voided if failure of the fixture, product, material, or installation is caused by underlying or outside conditions, including but not limited to high water pressure, hard water, poor water quality, sediment, improper piping, improper system design, pre-existing plumbing defects, existing code violations, lack of maintenance, misuse, abuse, freezing, thermal expansion issues, excessive pressure, chemical exposure, manufacturer defects, failure of surrounding plumbing components, or work performed by others outside of Plumbing Pros LLC’s scope of work.
The extended membership warranty is limited strictly to the covered fixture, product, material, and labor installed by Plumbing Pros LLC. Plumbing Pros LLC shall not be responsible for any incidental, consequential, secondary, or resulting damages caused by a product failure, fixture failure, material defect, leak, backup, overflow, flooding, water damage, mold, mildew, property damage, personal property damage, drywall damage, flooring damage, cabinet damage, ceiling damage, structural damage, remediation, restoration, loss of use, loss of business, or any other related damages.
If a covered fixture, product, or material fails, Plumbing Pros LLC’s sole responsibility under the extended membership warranty shall be limited to repair or replacement of the covered item and related labor, subject to the terms, exclusions, and limitations of the applicable membership agreement. Plumbing Pros LLC shall not be liable for damages caused by the failure of any product, fixture, or material, including manufacturer defects or failures outside of Plumbing Pros LLC’s control.
The extended membership warranty does not extend, renew, or restart after a warranty repair or replacement is performed. Any repair or replacement completed under the extended membership warranty shall remain covered only for the remaining balance of the original warranty period, provided the Customer maintains continuous active membership.
Plumbing Pros LLC reserves the right to inspect the plumbing system, water pressure, water quality, installation conditions, and surrounding components before approving any warranty claim. Any required repairs, corrections, upgrades, maintenance, or code compliance work needed to maintain or restore warranty eligibility shall be the Customer’s responsibility and may require a separate change order.
This extended membership warranty is an added membership benefit and does not replace, expand, or modify any manufacturer warranty. Manufacturer warranties remain subject to the manufacturer’s own terms, conditions, exclusions, and approval process.
19. Plumbing Pros’s aggregate monetary liability for failure to complete the proposal will not exceed an amount equal to the fees paid by Customer to Plumbing Pros within the preceding twelve-month period. Plumbing Pros’s aggregate monetary liability to Customer for breaches of the proposal will be limited to an amount equal to the fees paid by Customer to Plumbing Pros during the preceding twelve-month period, and no punitive or exemplary damages shall be paid by Plumbing Pros to Customer.
20. Drain Cleaning Risk Acknowledgment: Customer acknowledges and agrees that drain cleaning can sometimes expose or cause weaknesses in older or compromised plumbing systems, such as cracks, leaks, or collapses. Plumbing Pros shall not be held responsible for any damage that occurs during this process.
21. Plumbing Pros shall not be responsible for damage to existing plumbing systems during work, particularly if they are aged, corroded, improperly installed, or not up to current code standards. By agreeing to the proposal/estimate and these Terms, the customer accepts these risks. The cost to repair said systems, once revealed by deeper inspection or review of Customer’s plumbing system, will be presented to Customer and approved as a change order before any additional work would be completed.
22. Deposits, Cancellations, & Rescheduling: All deposits are non-refundable, even if Customer cancels the proposal above after having made a deposit. Customer may seek to reschedule a job with Plumbing Pros within forty-eight (48) hours of the cancellation of the previously scheduled job, subject to Plumbing Pros availability. If Plumbing Pros shows up for a previously scheduled job and Customer is not present or has not made arrangements for Plumbing Pros to access the site, the deposit shall be forfeited and Customer shall have to make a new deposit in order to re-schedule the job.
23. Permits & Code Compliance: Unless specified in writing, it is the Customer’s responsibility to obtain necessary permits. Plumbing Pros performs work to meet current code standards but is not responsible for bringing unaffected portions of a system up to code unless included in the agreed upon scope of work in the above proposal/estimate.
24. Access & Utilities: The customer must provide safe, reasonable access to the work area and ensure that water and electricity are available during service. Plumbing Pros is not responsible for delays caused by restricted access or lack of utilities.
25. Sediment & Water Quality Disclaimer: Temporary discoloration or sediment may occur after plumbing work due to natural disturbance in pipes. Running water for several minutes can usually clear this. Persistent issues may require a separate service and are not the responsibility of Plumbing Pros to fix or correct unless an additional work order is agreed to with Customer.
26. Photographic Documentation: For quality assurance and dispute resolution, Plumbing Pros may take photographs of work areas before, during, and after providing service(s).
27. Work Performed on Existing Installations: Plumbing Pros will not modify or reinstall work completed by other contractors, handymen, or individuals if it does not meet current code or manufacturer installation standards. In such cases, new parts or materials must be purchased and installed by Plumbing Pros to ensure proper function.
28. Materials & Parts Disposal: Plumbing Pros will remove and properly dispose of all old materials, parts, and equipment as part of our service unless the customer specifically requests, prior to the start of the job, that these items be left onsite.
29. The term of this Service Agreement is one (1) year. Charges for the Service Agreement will be invoiced and automatically withdrawn each month on the 15th, or collected as a one-time charge, depending on the selected plan, using the credit card information provided to us.
If payment has not been processed or received by the 15th day of the month, or after the applicable grace period (depending on the reason payment was not made on the 15th), the customer will be charged a late payment fee (service charge). Plumbing Pros, LLC reserves the right to withhold service for non-payment.
Either party may cancel this Agreement with 30 days written notice. If the customer initiates cancellation, the customer is responsible for paying 50% of the remaining contract amount, as well as the total amount of any discounts used during the one-year term.
Upon the initial visit by a technician, the system will be inspected for compliance with company criteria. Any items required to bring the system up to standards will be the responsibility and expense of the customer. The Agreement will not be applicable until all criteria are met.
This Agreement applies only to the address where the work is performed and is not transferable to any other location.
If the equipment covered under this Agreement is deemed no longer economically repairable, a quote for replacement will be provided. Until the replacement is completed, no further service work will be performed under the Agreement.
The customer must keep the equipment accessible and free from any obstruction that would prevent proper servicing. The area around the equipment, including crawl spaces, must be dry. Any attic units must have adequate flooring to allow servicing. No exceptions will be made.
The obligation to furnish replacement parts is subject to parts being available from normal sources of supply. If parts are unavailable or obsolete, coverage for those items is voided.
This Agreement does not cover parts or labor when failure is the result of excluded conditions. Unnecessary or nuisance calls will be charged to the customer at prevailing rates.
30. Reviews & Public Feedback: Customer agrees that any public review, rating, or statement made regarding Plumbing Pros shall be truthful, accurate, and based upon actual services performed by Plumbing Pros. Customer agrees not to publish or disseminate any false, misleading, or defamatory statements regarding Plumbing Pros, its employees, or its services. In the event of any dissatisfaction, Customer agrees to first provide Plumbing Pros with a reasonable opportunity to address and resolve the concern prior to posting a public review. Plumbing Pros reserves the right to pursue any and all remedies available at law or equity in response to false, misleading, or defamatory statements.
31. Collections & Recovery Costs: In the event that any balance due is not paid and is referred to a third-party collection agency, attorney, or legal proceeding, Customer agrees to be fully responsible for any and all costs incurred by Plumbing Pros in the collection of such amounts. This includes, but is not limited to, collection agency fees, court costs, filing fees, administrative costs, legal interest, and reasonable attorney’s fees. These costs shall be in addition to the original amount owed and shall be recoverable to the fullest extent permitted by law.
32. Chargebacks & Payment Disputes: Customer agrees not to initiate a chargeback, payment dispute, or reversal with their credit card company or financial institution for services that have been performed, scheduled, or agreed upon in accordance with this proposal and these Terms. In the event that a chargeback or dispute is initiated, Customer agrees to first contact Plumbing Pros to attempt to resolve the matter in good faith. If a chargeback or dispute is filed, Customer agrees to provide written notice to Plumbing Pros within five (5) business days of such action. Any chargeback or dispute determined to be invalid, fraudulent, or not supported by the terms of this agreement shall constitute a breach of these Terms. Customer agrees to be responsible for the full amount of the original charge, as well as any fees incurred by Plumbing Pros as a result of the dispute, including but not limited to chargeback fees, administrative costs, collection costs, and reasonable attorney’s fees. Plumbing Pros reserves the right to pursue all available legal remedies to recover such amounts.
33. SMS Messaging. This SMS program (the “Plumber” campaign) is used to send appointment confirmations and links, account information, product information, marketing messages, help requests, webchat widget responses, plus opt-in and opt-out confirmations.
You can cancel the SMS service at any time. Simply text “STOP” to the shortcode. Upon sending “STOP,” we will confirm your unsubscribe status via SMS. Following this confirmation, you will no longer receive SMS messages from us. To rejoin, sign up as you did initially, and we will resume sending SMS messages to you.
If you experience issues with the messaging program, reply with the keyword HELP for more assistance.
Carriers are not liable for delayed or undelivered messages.
As always, message and data rates may apply for messages sent to you from us and to us from you. For questions about your text plan or data plan, contact your wireless provider.
For privacy-related inquiries, please refer to our Privacy Policy at: https://plumbingprospa.com/privacy-policy/