Warrior Plumbing & Heating Inc.
Terms and Conditions
1. Agreement. These Terms & Conditions, together with the Estimate (including any written modifications or additions) constitute the agreement (the “Agreement”) between Warrior Plumbing & Heating and the person or entity listed on the Estimate, described by name and address, who is requesting the work to be completed and will be responsible for paying for the services (the “Customer”). By accepting the Estimate pursuant to Paragraph 3, Customer acknowledges and agrees to the following Terms & Conditions of Warrior Plumbing & Heating.
2. Estimate/Quote. Warrior Plumbing & Heating will provide Customer a written estimate/quote, which may be modified from time to time (the “Estimate”), defining the specific labor and materials to be provided by Warrior Plumbing & Heating (the “Scope of Services”) at the property identified in the Estimate (the “Premises”) and the cost of those Services (the “Cost”). The Estimate shall include the cost of labor, raw building materials and required permits, to the extent reasonably foreseeable, but shall not include the cost of manufactured items to be purchased directly by the Customer (the “Manufactured Items”). The Estimate is valid for five (5) days from the date it is given to the Customer. If the Customer fails to accept the Estimate pursuant to Paragraph 3 within this time, a revised Estimate will be provided and any previous Estimate(s) will be null and void. The Estimate provides Warrior Plumbing & Heating’s estimation of the cost of a project and is not a fixed price. Customer acknowledges that the Estimate is based on a visual inspection of the Premises and additions or modifications may be necessary due to non-visible conditions of the Premises. Any additions or modifications to the Estimate shall be made in writing.
3. Payment. Acceptance of the Estimate by Customer can be made by making a deposit, via electronic payment, equal to one-third (33.33%) of the Cost through “Invoice2go” or any other acceptable payment method. By accepting the Estimate, the Customer agrees to pay the balance of the Cost, less the initial deposit, to Warrior Plumbing & Heating no later than five (5) days after completion of the Services. After thirty (30) days, interest on any unpaid balance shall accrue at a rate of ten percent (10%) per annum. If the balance is expected to be paid by insurance proceeds as a result of an insurance claim by Customer, Warrior Plumbing & Heating still requires a balance paid in full upon completion of the Services; Warrior Plumbing & Heating does not participate in third-party billing.
4. Warrior Plumbing & Heating Representations & Obligations.
(i) All Services performed by Warrior Plumbing & Heating shall be completed in a workmanlike manner according to standard practices, and in compliance with applicable federal, state and municipal codes.
(ii) Any personnel provided by Warrior Plumbing & Heating will be fully qualified and will be covered by any appropriate licenses or insurance policies required by any federal, state or local laws.
(iii) All Services performed by Warrior Plumbing & Heating shall be completed between the hours of 8:00 a.m. and 3:30 p.m., Monday through Friday, unless Warrior Plumbing & Heating and Customer agree otherwise, either orally or in writing.
(iv) Warrior Plumbing & Heating will complete the Services as quickly as practicable; Customer agrees, however, that Warrior Plumbing & Heating shall not be responsible for any damages to Customer (including loss of profits, loss of revenue, loss of opportunity or any other direct or consequential damages) arising from any delay in completing the Services before any completion date discussed between Warrior Plumbing & Heating and Customer, unless otherwise agreed to in writing.
(v) At the completion of the project, Warrior Plumbing & Heating will remove all tools, construction equipment, machinery and surplus materials belonging to Warrior Plumbing & Heating or its employees, agents or subcontractors.
5. Customer Representations & Obligations.
(i) Customer is responsible for keeping a mutually-agreed upon schedule for the work; if Customer is unable to keep a scheduled appointment, Customer shall notify Warrior Plumbing & Heating at least twenty-four (24) hours in advance or will be liable to Warrior Plumbing & Heating for any cost of time and/or materials incurred by any of its employees, agents or subcontractors due to Customer’s cancellation of the scheduled appointment.
(ii) Customer shall provide a clean and clear workspace on the Premises (e.g., move any furniture or other obstructions to the extent possible from the work area and, if not possible, cover any furniture or other obstructions), shall render safe any dangerous conditions of which Customer is aware, or reasonably should be aware, that could cause personal or property damage, and shall advise Warrior Plumbing & Heating of any such conditions.
(iii) Customer shall provide to Warrior Plumbing & Heating, and any of its employees, agents or subcontractors, access to the Premises at any reasonable time during normal working hours in order to complete the Services.
(iv) Customer shall procure any Manufactured Items necessary to complete the Services by the time the Services are to commence and shall provide immediate notice to Warrior Plumbing & Heating in the event of delay in procuring any Manufactured Items.
(v) Customer understands that Warrior Plumbing & Heating may leave equipment and/or materials at the Premises until the Services are complete, and Customer agrees not to use or permit others to use any such equipment or materials or enter the work area and, further, agrees to indemnify Warrior Plumbing & Heating for any and all personal or property damage due to any unauthorized access or use.
(vi) If Customer authorizes, whether orally or in writing, Warrior Plumbing & Heating to order any special parts and/or materials to be used to complete the Services, and later decides not to use those special parts and/or materials, Customer will be charged the full price of the special parts and/or materials, as reflected in the Estimate.
(vii) Customer agrees to maintain appropriate homeowner’s insurance, umbrella coverage or other appropriate insurance on the Premises.
(viii) Customer warrants that: all site conditions are known and disclosed; any plans supplied by Customer are adequate for intended purposes; the provided address and legal description of the Premises are correct and adequate for all purposes, including mechanic’s liens; Customer shall carry hazard insurance or bear the loss occasioned by hazard; and Customer shall not post any notice of non-liability.
6. Warranties. Warrior Plumbing & Heating warrants that all Services shall be performed in a workmanlike manner. THIS WARRANTY EXPIRES ONE (1) YEAR AFTER COMPLETION, AND IS IN PLACE OF, AND NOT IN ADDITION TO, ANY OTHER EXPRESS OR IMPLIED WARRANTIES OF QUALITY, OR FITNESS FOR HABITATION OR ANY PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES ARE HEREBY DISCLAIMED. This warranty shall be void if Customer (1) fails to pay the full Cost; or (2) fails to provide prompt notice of a warranty claim (within thirty (30) days, or, in case of an emergency, as soon as possible) and a reasonable opportunity to correct the problem; or (3) permits any person or company other than Warrior Plumbing & Heating to complete, correct, perform or redo any work identified within the original Scope of Services. This Warranty does not cover clogged drains, frozen pipes or the repair or replacement of any Manufactured Items.
Where Warrior Plumbing & Heating needs to connect new equipment to Customer’s existing plumbing or heating system, Warrior Plumbing & Heating does not warrant and will not accept liability for the cost of repairing or replacing parts of Customer’s existing system, which subsequently develops faults. In certain situations, Warrior Plumbing & Heating may charge for visits made to the Premises by its engineer if Customer’s system is faulty or has developed a fault after the installation has been conducted. Warrior Plumbing & Heating will not accept liability where Customer’s central heating system does not function properly because Customer’s water supply becomes inadequate or the water pressure becomes invariable.
7. Limitations and Exclusions of Liability. Customer holds harmless Warrior Plumbing & Heating for any damage to furnishings, stored items, vehicles, cabinetry, counters, walls, floors, ceilings, floor coverings, piping, wiring, or any structural member which may become damaged in the course of performing the Services, or due to the failure of any Manufactured Item. Customer shall assume complete responsibility for the protection of all landscaping, trees, shrubs, and bedding plants which Customer wishes to preserve, as they may become damaged during the performance of the Services. Warrior Plumbing & Heating is not responsible for any drywall, fixtures, structural, or other damage that may occur or be necessary in order to complete the Services or any other damage that may occur as a result of the original plumbing, sewer or HVAC system, or other structural deficiencies related to the Premises.
8. Force Majeure. Warrior Plumbing & Heating shall not be liable for any failure or delay in performance of its obligations under these Terms & Conditions arising out of, or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation: acts of God; earthquakes; fires; floods; accidents; governmental actions; wars; civil or military disturbances; acts of terrorism; sabotage; labor disputes; strikes; epidemics; pandemics; riots; power failures; computer failure; any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; or inability to obtain labor, material, equipment or transportation; provided, however, that in the event of a failure or delay, Warrior Plumbing & Heating shall use its best efforts to ameliorate the effects of any such failure or delay.
9. Termination. Warrior Plumbing & Heating may, upon written Notice made pursuant to Paragraph 12, terminate the Agreement either for cause, arising from the Customer’s failure or inability to fulfill its obligations pursuant to the Agreement, or alternatively, from Customer’s failure to agree to a change order arising from differing site conditions identified after commencing the Services that make the contemplated Services unpractical or impossible to perform. Customer, upon written Notice made pursuant to Paragraph 12, may terminate the Agreement for any reason prior to completion of the Services. If this Agreement is terminated prior to the completion of the Scope of Work, Warrior Plumbing & Heating shall be entitled to compensation for all completed Services, including labor and materials purchased, and for all resulting direct and incidental costs and damages identified in Paragraph 17.
10. Environmental Conditions. The Cost does not include the removal of any dangerous waste materials, such as asbestos, lead paint, or mold found on the Premises during the performance of the Services. If, during the performance of the Services, dangerous waste materials are encountered, Warrior Plumbing & Heating reserves the right to immediately withdraw its employees, agents and subcontractors until the Premises are made safe. Warrior Plumbing & Heating, upon request of Customer, may, at its discretion and Pursuant to Paragraph 2, add removal of dangerous waste materials to the Scope of Services.
11. Status of Provider. Warrior Plumbing & Heating and its agents act solely as independent contractors and nothing herein or otherwise shall be construed to create an employer-employee relationship between Customer, any general contractor, any subcontractor and Warrior Plumbing & Heating.
12. Notices. Any Notices required by these Terms & Conditions are to be made in writing and if: (A) from Customer to Warrior Plumbing & Heating, shall either be personally delivered to an employee or agent of Warrior Plumbing & Heating, or mailed certified, return-receipt U.S. Mail to Warrior Plumbing & Heating, Inc., 4123 Roland Avenue, Baltimore, Maryland 21211; or (B) from Warrior Plumbing & Heating to Customer, shall be mailed certified, return-receipt U.S. Mail to Customer’s billing address or by conspicuous posting on the Premises.
13. Use of Testimonials & Images for Advertising. Customer agrees to allow Warrior Plumbing & Heating to use any (i) testimonials, whether written or verbal, and (ii) pictures, videos or other images of the Services performed at the Premises, for purposes of advertising and showing others, without penalty or fees from Customer.
14. Choice of Law; Choice of Forum. All disputes, claims or controversies arising out of these Terms & Conditions and/or the performance of the Services shall be governed by and construed in accordance with the laws of the State of Maryland, notwithstanding any conflict of law principles. Warrior Plumbing & Heating and Customer hereby irrevocably and unconditionally consent to submit to the sole and exclusive jurisdiction of the courts of the State of Maryland and of the United States of America located in the State of Maryland (the “Maryland Courts”) for any litigation arising out of or relating to these Terms & Conditions and/or the performance of the Services, waive any objection to venue of any such litigation in the Maryland Courts and agree not to plead or claim in any Maryland Court that such litigation brought therein has been brought in an inconvenient forum.
15. Indemnification. Customer shall defend, indemnify and hold Warrior Plumbing & Heating harmless from any and all claims, penalties, or assessments arising from Customer’s breach of any covenant, representation or warranty herein, or from any act, omission, or misrepresentation of the Customer and/or the Customer’s employees, agents or representatives, including architects, engineers, surveyors, or others engaged to perform preliminary steps necessary for Warrior Plumbing & Heating to perform the Services.
16. Attorney’s Fees. Customer agrees to the payment of reasonable attorney’s fees and costs of Warrior Plumbing & Heating, should a collection action, lien action or other legal action become necessary to enforce payment of the Customer’s unpaid balance under the Estimate or to enforce Warrior Plumbing & Heating’s rights contained in these Terms & Conditions.
17. Damages. Customer agrees that any breach of these Terms & Conditions shall result in damages to Warrior Plumbing & Heating, including all direct and incidental damages arising from the breach. Customer agrees that Warrior Plumbing & Heating’s damages shall include, but shall not be limited to: Warrior Plumbing & Heating’s time, resources, equipment and overhead used in mobilization, purchasing materials, and preparing plans; loss of reasonably anticipated profits on this project or any other project(s) occasioned by Customer’s breach or termination of this Agreement, and any other damages permitted by law or equity.
18. Entire Agreement. These Terms & Conditions, together with the Estimate, constitute the final and entire Agreement between Warrior Plumbing & Heating and Customer, and neither they nor their agents shall be bound by any terms, conditions, statements, warranties or representations, oral or written, not therein contained. Warrior Plumbing & Heating and Customer mutually agree that the Agreement is binding upon them, their heirs, executors, administrators, personal representatives, successors and, if permitted under the Agreement, assigns. The terms of the Agreement can only be changed by a document executed by Warrior Plumbing & Heating and Customer.