Terms and Conditions
Terms and conditions are made by Murray Service Co., a Texas limited liability company with Master Plumber license number M43612, which will be referred to in this document as the “Provider.” The customer, or party requesting work will herein be referred to as “Owner.”
Acceptance. Any instructions received by the Provider from the Owner for the supply of Work shall constitute acceptance of the terms and conditions contained herein. Upon acceptance of these terms and conditions by the Owner, the terms and conditions are irrevocable and can only be rescinded in accordance with these terms and conditions or with the written consent of the Provider. None of the Provider’s employees or subcontractors are authorized to make any representations, statements, conditions or agreements not expressed by the Provider in writing, nor is the Provider bound by any such unauthorized statements.
Description of work. Provider shall perform the described work agreed upon by Provider and Owner at the said Property, in accordance with the Owner’s contract plans and specifications recorded in the work proposal, and any change order, as defined herein as the “Work.” Industry terminology used in any terms and conditions which are not defined shall be interpreted as having the same meaning as that recognized in the construction industry in the area where the Property is located.
Contract/Work Price and Payments. Owner agrees to pay the Provider the total amount agreed upon in estimate or change order. Payment of this amount is subject to additions or deductions in accordance with any mutually agreed to changes and/or modifications in the Work. Payment will be made by Owner according to schedule agreed upon, and Provider may request to secure credit card authorization prior to beginning Work, and any remaining balance will be due immediately upon completion.
Cancellations. Owner agrees to provide proper notice of cancellation to avoid no-show or cancellation fees. Cancellations must be made by phone with a representative. Cancellation fee applies to any appointments cancelled within 24-hours of appointment time.
Materials and Labor. Provider shall provide and pay for all labor and equipment, including tools, construction equipment, machinery, transportation and all other facilities and services, and all materials necessary for the completion of the Work, unless otherwise agreed upon and stated in proposal/estimate. All materials shall be good quality and new, unless otherwise agreed upon. Provider may substitute materials only with the prior written approval of the Owner.
Licenses and Permits. Provider shall obtain all licenses and permits necessary for proper completion of the Work. Owner is responsible for the cost of any necessary permits or licenses.
Laws and Regulations. Provider shall perform the Work in a workmanlike manner and in compliance with all applicable federal, state, and local laws, regulations and ordinances, trade standards, ethical guidelines and any safety requirements of Owner. Provider shall promptly notify Owner upon discovery of any variance between the Applicable Laws and the Work agreed upon.
Supervision of Construction. Provider shall be solely responsible for and shall supervise and direct all construction Work performed at
Property. Provider shall provide competent and suitable personnel to perform the Work and shall at all times maintain good discipline and order at the Property. Provider will at all times take all reasonable precautions for the safety of its employees and the public at the Property. Provider agrees to assume full responsibility for the acts, negligence, and/or omissions of its employees and any subcontractors and their employees.
Record Documents. Provider shall maintain in a safe place at the Property one record copy of all drawings, specifications, addenda, written amendments, and the like in good order and annotated to show all changes made during construction, which will be delivered to Owner upon completion of the Work. Owner shall have the right to inspect and review such documents upon notice to Provider.
Utilities. Owner shall pay for all permanent electric, water, phone, cable, sewer, and gas service as needed to perform the Work. Owner shall pay for the installation, connection and removal of all temporary utilities on the Property during the performance of the Work. All temporary utilities shall conform and adhere to the Applicable Laws.
Hazardous Materials. Except as otherwise provided in the terms and conditions, Provider shall be responsible for all Hazardous Materials brought to the Property by Provider. Hazardous Materials shall include radioactive materials, asbestos, polychlorinated biphenyls, petroleum products, crude oil, flammable materials, chemicals or solvents known to cause cancer or reproductive toxicity, pollutants, contaminants and toxic substances which are restricted, prohibited or regulated by any agency of government in its manufacture, use, maintenance storage, ownership or handling. If Provider discovers any Hazardous Materials on the Property, Provider shall immediately notify Owner and may cease working until the material or substance has been rendered harmless. Owner shall defend, indemnify and hold harmless Provider, any subcontractors, and their respective agents and employees from and against all claims, damages, losses and expenses, including attorney’s fees, arising out of or resulting from contact with the Hazardous Substance in performance of the Work resulting in bodily injury, illness or death, or injury or property damage, provided such claim, damage, loss or expense is not the result of any negligent act or omission by the party seeking such indemnity.
Provider shall have no responsibility for Hazardous Material detection, testing, removal, or remediation of such. Owner expressly releases contractor from any liability for claims arising from the presence, release, removal, or remediation of hazardous materials, and from any costs, losses, or damages customer may suffer or sustain if HMs are found to exist on Owner’s property. In the event Hazardous Materials are found or suspected to exist on customer’s property, and if remediation or investigation concerning Hazardous Material is required in order to perform any portion of the work hereunder by Provider, then all work by Provider shall cease immediately, until Owner has, at Owner’s sole expense, caused all Hazardous Materials to be investigated, tested, and removed, in compliance with all applicable laws, and evidence of removal is furnished to Provider’s satisfaction.
Limitation of Liability. The Provider’s liability shall be limited to:
1) The repair or making good of any defect pursuant to its undertaking in paragraph Warranty.
2) The Provider will not hold any responsibility for any damage suffered to a part of any property where the damage is in whole or in part a consequence of a defect or weakness in that part of the property.
3) The Provider will not hold responsibility or liability for damage caused whilst investigating and repairing any plumbing, gas or drainage work, including blockages. This includes but not limited to; the removal of bathroom suites, panels or furniture, tiles and tiling, floor coverings (carpet, rugs, laminate, wood, tiles, etc.), internal and external walls where pipe work is/has to be routed and other damages as a result.
4) If damage to plaster and brickwork is caused it will be the Owner’s responsibility to make good. Provider cannot accept responsibility for any damage to wallpaper, paintwork, tiles, carpet, furniture etc. Any silicone work does not carry any guarantee.
5) It is the responsibility of the Owner to protect items of furniture, furnishings, fixtures and fittings. Provider will make reasonable efforts not to cause damage. It is suggested that the Owner remove items that are considered to be a problem. If items remain within the working area, it is the responsibility of the Owner to cover/protect such items.
6) The Provider will not hold responsibility or liability for damage, injury, or otherwise caused by Owner’s failure to comply with Provider’s recommendations.
7) Provider will not be responsible for damages to landscape, brickwork, or driveways before, during, or after work, repairs, or installations. Repairs to such will be the sole responsibility of the Owner.
Work Recommended. Provider will not hold liability for resulting damages to Owner’s property or failure of plumbing system caused by Owner’s failure to proceed with Provider’s work recommendations.
Warranty. Provider warrants that the Work shall be in accordance with the Terms and Conditions, applicable law, and trade standards and free from material structural defects, improper workmanship or defective materials. Provider shall replace, correct or repair any Work not in accordance with the Terms and Conditions, Work order agreed upon (in writing), applicable law and trade standards or any defects caused by faulty materials, equipment or workmanship furnished by Provider for a period of one year for new installations, 90 days for repairs, and workmanship completed on material furnished by Owner for a period of 30 days, from the date of completion of the Work, unless otherwise stated on customer invoice. Extended Warranties are subject to Service Plan Agreement Terms.
The warranty shall not cover any defect or damage which may be caused or partly caused by or arise through:
1) Failure on the part of the Owner to properly maintain any Work, or materials used to complete work, or Work or materials which have not been stored or used in a proper manner; or
2) Failure on the part of the Owner to follow any instructions or guidelines provided by the Provider; or
3) Any use of any Work, or materials to perform work otherwise than for any application specified on a quote or order form; or
4) The continued use of any Work, or materials to perform work after any defect becomes apparent or would have become apparent to Owner or a reasonably prudent operator or user; or
5) Fair wear and tear, any accident, or act of God.
6) The warranty shall cease and the Provider shall thereafter in no circumstances be liable under the terms of the warranty if the workmanship is repaired, altered or overhauled without the Provider’s consent.
Nothing in this section shall be construed to place a time limit with respect to any other obligation Provider may have under these Terms and Conditions.
Lifetime: Refers to the lifetime of the fixture and/or system
Service Plan Agreement: Provider will endeavor to render prompt and efficient service hereunder, but it is expressly agreed that Provider shall in no event be liable for damage or loss caused by delay or loss arising out of the performance of this agreement. Service plans are renewed annually. Owner agrees to pay amount agreed upon, either in full, or in monthly payments. If service plan is cancelled prior to annual visit, the total of any discounted amounts provided on services, repairs, or installation will become due, and will be collected on a the time of cancellation, to include service calls waivers. Service plan must be maintained for the duration of any extended warranty period applied beyond our standard warranty terms (see section Warranty). Cancellation of Service Plan shall render any extended warranty period invalid.
Inspection. If required, the Work shall be inspected and certified by the appropriate state or local agency or health officer at each necessary stage.
Work Changes. All changes are subject to price adjustments, will be authorized in writing (on estimate or invoice).
Indemnification. Provider agrees to defend, indemnify and hold harmless Owner and its agents and employees from and against all claims, actions, liabilities suits, demands, injuries, obligations, damages, losses, settlements, judgments fines, penalties, costs, and expenses, including reasonable attorney’s fees, arising out of any negligent act or omission by Provider, or anyone directly employed by them in the performance of the Work resulting in bodily injury, illness or death, or for property damage, including loss of use, unless caused by the sole negligence or willful misconduct of Owner, and any of its employees.
Insurance. Provider agrees to maintain at its own expense during the period of construction at the Property: General Liability insurance. Such general liability insurance as will protect Provider from claims for property damage and bodily injury, with limits of liability not less than minimum amount required by law and/or regulating agency, for each occurrence.
Waiver of Subrogation. Owner and Provider each waive any and all claims or rights to recovery against the other Party for any loss or damage to the extent such loss or damage is covered by insurance or would be covered by any insurance required by law and/or regulating agency. Owner and Provider shall cause each insurance policy carried by Owner or Provider relating to the Property to include or allow a full waiver of any subrogation claims.
Client’s Disclaimer. The Owner hereby disclaims any right to rescind acceptance of terms and conditions, or to sue for damages or to claim restitution arising out of any misrepresentation made to him by Provider and the Client acknowledges that he buys Work, and materials to perform Work, relying solely upon his own skill and judgment.
Unforeseen Damages. Provider is not responsible for any unforeseen damages or repairs not included in the Work agreed upon. Customer is responsible for all unobservable, unforeseen, and concealed conditions, and conditions which Contractor cannot control.
Last updated on HCP 10/11/22