Gallegos Plumbing Service Agreement
- CONTRACT TERMS AND CONDITIONS
Gallegos Plumbing (“GP”) will construct for _______________________ (hereafter Purchaser) the improvements identified in the associated Invoice or Proposal (“Work”) for the price indicated within the invoice or Proposal.
Payment is due on the day of service unless otherwise noted within the proposal or invoice. Payments not received in full on the day of service are subject to a late fee. Unpaid invoices after 30 days are subject to collections, additional fees, and reasonable interest. Collections actions include, but are not limited to, Theft of Services filed at the Local Police Department, Civil Court and reporting to all national collection agencies. Signature by Purchaser of this service agreement is treated as acceptance of the Proposal by Purchaser.
Where payment is made via a credit card, Purchaser agrees to pay the credit card surcharge to credit card company to cover the cost of use of credit card device.
Upon acceptance of the Proposal, or agreement to pay invoice, the Purchaser will provide payment as provided therein. The Purchaser shall pay all invoices, including change orders and material invoices, within 30 days from the date of the invoice. If Purchaser has secured institutional financing for the Work, Purchaser shall request the institution to issue payments for the Work as either as one-party checks, made payable to GP, or two-party checks, payable to Purchaser and GP. Any sums due after 30 days will incur interest charges of 24 percent per annum, compounded monthly. All Work performed by GP shall be completed in a workmanlike manner according to standard practices, and under applicable municipal and State codes. If your check is returned for non-sufficient funds, you expressly authorize your account to be electronically debited or bank drafted for the amount of the check plus any applicable fees. The use of a check for payment is your acknowledgment and acceptance of this policy and its terms and conditions. We reserve the right to withhold any future work including labor and materials at any point payment is not made without penalty.
- PURCHASER’S PRELIMINARY REQUIREMENTS.
Unless otherwise agreed in writing, prior to GP commencing Work the Purchaser shall, at their sole cost and expense:complete engineering, survey, or other required plans for the project;obtain any federal, state, and municipal approvals or permits required for GP to perform the contemplated Work; provide a work site capable of supporting and permitting GP’s Work to occur without any additional, ancillary or incidental steps by GP not explicitly identified in the Invoice; clear the project site prior to construction of any debris, equipment, personal items and/or construction materials that would materially interfere with RI’s performance of the work. Purchaser’s failure to meet the conditions identified above, on or before the date identified above, for any reason other than GP’s negligence, shall constitute breach of this agreement and result in damages as provided in Section 6.
- CHANGES TO THE WORK.
The Purchaser or local Code Official, without invalidating the contract, may order changes to the Work including, but not limited to, additions, deletions, or modifications. Changes to Work may be made as the work progresses, and the Purchaser agrees that any changes to the system installed by GP that differ from the written proposal, shall be conclusive proof of the Purchaser’s authorization to change the system from the Proposal. The Purchaser will pay all costs associated with change orders and will receive any cost reduction associated with the deletion and/or substitution of Work. GP is not liable for existing plumbing, heating or gas conditions. The Purchaser will pay all costs that may occur if it is necessary or if required by local Code Official to upgrade to current plumbing, heating or gas code for a safe and proper working system. Proposal is based on visible conditions and Purchaser agrees that the price may vary due to non-visible plumbing conditions.
GP will complete the Work in the Proposal and any change orders as quickly as practicable. Purchaser agrees, however, that GP shall not be responsible for any damages to the Purchaser, either direct or incidental, arising from any delays in completing the Work before any date discussed between Purchaser and GP, unless explicitly agreed to in writing between GP and Purchaser. Work dates are subject to change due to unforeseen circumstances and will be rescheduled in a timely manner.
Purchaser agrees that the only damages that may be brought by Purchaser against GP relate to GP’s failure to complete the contracted Work, or damage to the Purchaser’s property or persons while on Purchasers’ property. Purchaser agrees that any breach of this Contract shall result in damages to GP, including all direct and incidental damages arising from the breach. Purchaser agrees that GP’s damages shall include, but not be limited to: GP’s time, resources, equipment and overhead used in mobilization, purchasing materials, and preparing plans,
GP’s loss of reasonably anticipated profits on this project or other projects occasioned by Purchaser’s breach or termination of this agreement,
GP’s losses arising from delays during the prosecution of this Proposal awaiting Purchaser’s receipt of any plans, approvals, or permits for GP to complete the Work not arising from GP’s negligence; and
GP’s reasonable attorneys’ fees and costs associated with any legal action as a result of Purchaser’s breach, including any claim for mechanic’s lien.
- PERMIT FEES.
Permit fees are not included, unless otherwise noted in Proposal, and will be at an additional cost which Purchaser agrees to pay. Note: GC to provide job site with burn permits per mall and/or job site requirements.
GP may terminate the contract either for cause, arising from the Purchaser’s inability or refusal to pay invoices on a timely basis, or alter-natively, from Purchaser’s failure to agree to a change order arising from differing site conditions identified after commencing the Work that make the contemplated Work unpractical or impossible to perform. The Purchaser may terminate the contract prior to completion of the Work, but shall pay GP for completed Work that has not been paid, and for all resulting direct and incidental costs and damages identified in paragraph 6. The Purchaser shall pay GP for materials purchased specifically for this Proposal.
- ENVIRONMENTAL CONDITIONS.
Unless specifically indicated, the Work contemplated by GP presumes that no permits are required for any environmental impacts, including, but not limited to subsurface conditions, wetlands impacts, hazardous or solid waste (s) for the work contained in the proposal; or alternatively, the Purchaser will, prior to the date identified in Section 2, procure all such permits. If GP believes that permits are required to complete all Work contained in the proposal, GP shall inform the Purchaser when GP learns or reasonably believes any approval or permit is required, and Purchaser shall retain appropriate professionals to review the situation and submit any required applications. Purchaser agrees to defend and indemnify GP for any environmental claims arising from GP’s performance of the Work where the alleged violation arises from missing or inadequate environmental permit (s) or existing conditions. Purchaser’s indemnification shall not cover any claims not included herein or any claims that result from GP’s actions or negligence that Violates applicable law.
- WORK OUTSIDE OUT JOB SCOPE.
Work which we are not licensed, insured or capable of completing may be necessary and required to complete this Proposal and is not included unless otherwise noted. No warrantee is given for customer supplied fixtures and/or material. The Purchaser agrees to pay any additional fees that may occur for repair or reinstallation of supplied fixtures and/or material. GP does not Include, and Purchaser agrees to pay for any cost associated with core drilling for any plumbing pipes. Roof cuts, installation of roof vent flanges, patch and repairs to any wall ceiling or floor. Concrete cutting, removing and patching. Trenching, backfilling and tamping of earth, electrical or other wiring. Additional cost for removal of old material. Repair to walls, ceilings & floors may be needed and are not included in this estimate unless noted.
- LEGAL PROCEEDINGS.
Any legal action shall be pursued in the courts of California, and notwithstanding any conflict of law principles, shall be governed by California law. Payments not made in full will be subject to property lien. Acceptance of this proposal is considered legal notice of property lien. In the alternative,
Purchaser shall defend, indemnify and hold GP harmless from any and all claims, penalties, or assessments arising from, the breach of any covenant, representation or warranty herein, or from any act, omission, or misrepresentation of the Purchaser, and/or Purchaser’s employees, agents or representatives, including architects, engineers, surveyors, or others engaged to perform preliminary steps necessary for GP to perform its Work. This indemnification shall be as broad as permissible by law.
- ENTIRE AGREEMENT.
There are no promises, terms, conditions, or obligations other than those contained within the Proposal, or the Contract Terms and Conditions. This contract supersedes all prior communications, representations, or agreements, either verbal or written, between the parties hereto, and this agreement may not be amended except in writing, other than the scope of Work as described in Section 4.
All work described in proposal has a one-year warrantee unless noted in contract.
- USE OF PICTURES.
Purchaser agrees to allow GP to use any pictures of the work performed for purpose of advertising and showing others without penalty or fees from Purchaser.
Purchaser agrees to allow GP the rights and privileges to use any and all testimonials written or verbal in our advertisements without penalty or fees from Purchaser.
- ELECTRONIC COMMUNICATION
Purchaser agrees to allow GP to use Purchasers email address for receiving advertisements and specials without penalty or fees from Purchaser. GP agrees to keep all email and personal information private from others. Purchaser and GP agree that electronic communication including but not limited to e-mail, fax, online or text communication constitutes written communication and is acceptable for amending the agreement via writing, in the scope of Work as described in Section 4.