WATER HEATER EXPERTS (A California Corporation)

dba, Water Heater Pros, these terms and conditions as stated below shall refer to Water Heater Experts as (WHE) or CONTRACTOR and Homeowner (owner) as CUSTOMER.

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1. CALIFORNIA STATE LICENSE- NUMBER: 724577, TYPE: C-36

All plumbing companies are required to be licensed by the State of California. A State License certifies that your Contractor has passed the state examination and is qualified and competent.

 

(a) What you need to know:

Without a State Contractors License, a company may be unable to pull permits, perform inspections, and ensure they comply with the law.

 

 

2. LIABILITY INSURANCE

The Contractors’ State License Board does not require a contractor to carry General Liability insurance. Liability Insurance can protect a third party against Bodily Injury and Accidental Property Damage. We have over 2 Million Dollars ($2,000,000.00) in Liability Coverage for your protection.

 

(a) What you need to know:

If a contractor does not have insurance, you’re taking a gamble with your largest single asset … your home. For example, if an uninsured contractor does work that causes damage to your property, that Contractor may not have any assets to reimburse you. Even if you win a court judgment, you may not be able to collect the damages. You could end up paying for all the damage.

 

 

3. WORKERS’ COMPENSATION INSURANCE

Workers’ Compensation insurance is required by the State of California or all companies with employees. This covers employees if they are injured while performing work on the job. Common workplace injuries may include falling off a ladder or straining one’s back. Workers’ Compensation Insurance covers any injury occurring while an employee works.

 

(a) What you should know:

Suppose an individual or group of individuals perform work on your property and become injured and are not covered by Workers’ Compensation Insurance. In that case, YOU can be personally liable to pay for injuries and rehabilitation.

 

 

4. GENERAL TERMS AND CONDITIONS SUMMARY

These are general Terms and Conditions surrounding our services; depending on circumstances, additional situations may require us to modify these Terms and Conditions. These Terms and Conditions may change from time to time without notice. We strongly advise you to familiarize yourself with these Terms and Conditions before you contract our services.

 

 

5. SITE CONDITIONS

Water Heater Experts (WHE) shall be known as Contractor and must obtain access to other properties in the course of work; the Contractor shall secure permission for such and hold harmless and indemnify Contractor and its employees and agents against all actions and consequences arising or relating to the use of said properties, including, but not limited to, damage done in the ordinary course of work, excluding negligence, and for securing said property and its contents during and after work.

 

(a) Customer shall secure, remove, and protect all property and its contents, including, but not limited to, adults, children, animals, cabinets, fixtures, autos, motorcycles, bicycles, paintings, household items, personal items, clothing, cash, silver/gold, bullion, jewelry, computers, electronics, flooring, walls, tiling, carpets, drapes, furniture, and vegetation during and upon completion of work and shall hold harmless and indemnify Contractor, its employees and agents against all claims arising out of CUSTOMER’S failure to do so.

 

 

6. LIMITED WARRANTY

Water Heater Experts warrants its materials and artistry to be free from defects for one year after performance unless otherwise specified in writing. The warranty does not cover faults caused by misuse, negligence, or damage caused by acts of God, including, but not limited to, earthquakes. There is no warranty on pipes, valves, or existing attachments to water heaters. If a manufacturer offers a warranty, said warranty shall negate and supersede the Contractor warranty. This warranty is the only warranty by WHE to CUSTOMER and is in place of all other warranties, expressed or implied.

 

 

7. CUSTOMER

You shall telephone the Contractor within twenty-four hours (24) of discovery of any warranty claim. The Contractor will respond promptly between 8:00 a.m. and 3:00 p.m. (Pacific Time) Monday through Friday, excluding holidays.

 

(a) The Contractor shall not be liable for water or other damage from any defect or delay in responding to said warranty. CUSTOMER must take reasonable steps to mitigate damages.

The Contractor shall not be liable for lost profits, incidental, special, exemplary, indirect, or consequential damages resulting from any work performed or any problem, whether or not covered by this limited warranty.

 

 

8. UNFORESEEN CONDITIONS

Suppose conditions and circumstances are encountered at the job site that are concealed or unknown physical conditions of an unusual nature that differ materially from those that are visually ascertained. CUSTOMER agrees to accept responsibility for such conditions and those circumstances outside the control of the Contractor and further agrees to pay for any labor or materials, including repair to damaged equipment of the Contractor and others caused by such conditions and circumstances.

 

(a) this provision intends to make the CUSTOMER responsible (1) for all unforeseen and concealed conditions and (2) for those the Contractor cannot control. Accordingly, CUSTOMER further agrees to hold Water Heater Experts harmless and shall indemnify and defend the Contractor and all its agents and employees from and against all claims, damages, losses, and expenses, including, but not limited to, attorney’s fees, consequential damages, arising out of or as a result from the performance of the Contractor's work involving, affecting, or relating to such unforeseen or concealed conditions, regardless of whether such damages are caused in part by Water Heater Experts.

 

(b) Asbestos or other Hazardous Materials Remediation Work – WHE has no information concerning asbestos or other hazardous materials or substances in any portion of the CUSTOMER’S property and has not conducted any investigation. WHE does not perform asbestos or other dangerous materials or substance removal, and the Contractor shall have no responsibility whatsoever. CUSTOMER expressly releases Water Heater Experts from any liability whatsoever and for any claims arising out of its presence, release, remediation, or removal and for any costs, losses, or damages CUSTOMER may suffer or sustain, if it is found to exist on the CUSTOMER’S property.

 

(c) In the event asbestos or other hazardous materials or substances are found to exist on the Customer’s property or if, to obtain a building permit for the work to be performed by the Contractor as set forth herein, any remediation action or work, including investigation, is required to be performed on the Customer’s property concerning asbestos or other hazardous materials or substances, all work by WHE will cease until CUSTOMER has, at Customer’s sole expense, caused said asbestos or other dangerous materials or substances to be removed in compliance with all applicable laws relating to it.

 

 

9. RECOMMENDATION NOT PERFORMED

If the CUSTOMER does not choose the suggested options or upgrades, and a failure is experienced, Water Heater Experts is held harmless.

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10. LICENSE, PERMITS, FEES

The CUSTOMER shall furnish and pay for, at the CUSTOMER’S own expense, all taxes, permits, and license fees required to perform the repair work legally by this Agreement. Access to the property for an agent of the administration authority must be provided within a reasonable time. Should affordable access not be provided, additional charges may be incurred to the CUSTOMER.

 

(a) If at any time the administrative authority asks for additional work unrelated to our original contract, that work is the CUSTOMER's responsibility. Water Heater Experts will provide another UP FRONT QUOTE for that work.

All notices related to work performed by the Contractor sent to the property owner must be forwarded to the Contractor, and a reasonable amount of time must be allowed for the process.

 

11. PARKING OUR VEHICLES

For safety reasons, available parking for vehicles must be less than 100 feet from your entry door. We do not park or leave our cars in red zones, centers of streets, double parking, underground parking, parking lots, or any other area where our vehicles will not be legally or safely parked.

 

 

12. PAYMENT

All work is done on a fixed UP FRONT QUOTE. The quote includes Materials, Tax, and Labor. NO BREAKDOWN WILL BE PROVIDED! Payment for the work described in the Agreement shall be immediately due upon completion and before any inspection by the City, County, or applicable entity.

 

(a) No deduction shall be made from payments due WHE on account of penalty, liquidated damages, back charges for alleged defective work, or other sums withheld from payments to other CONTRACTOR or on account of the cost of changes or defects in the work. Furthermore, the CUSTOMER agrees and recognizes that payment for services rendered by WHE when due is an express condition precedent to the Contractor continuing work as herein described in this Agreement. CUSTOMER acknowledges that failing to pay for services when due entitles WHE to terminate work immediately.

 

(b) If Contractor terminates work for non-payment as herein described, WHE shall be entitled to all of its reasonable expenses including, but not limited to, cost of labor, materials, a reasonable allowance for overhead and profit, and all other compensation as allowed by California law.

 

 

13. RIGHT TO TERMINATE IN EVENT OF DISPUTE

In the event of a dispute between the Contractor and CUSTOMER, WHE and CUSTOMER agree that the Contractor may immediately terminate the work described herein. In such termination, the Contractor shall be entitled to payment for all services rendered, including the cost of all labor, materials, reasonable profit, and overhead. In the event of cancellation by CUSTOMER after the contract has been signed and before any commencement of work, WHE is entitled to a minimum fee of 10% or $1000, whichever is less. In the event of cancellation by CUSTOMER after work has commenced, Contractor is entitled to 10% or payment for work performed, whichever is more.

 

 

14. NOTICE OF DEFECTIVE WORK

Upon completion, CUSTOMER agrees to exercise due diligence in inspecting the work for defective artistry and materials. CUSTOMER agrees to notify WHE of all lousy work, if any, within forty-eight (48) hours of completion of the work described hereunder. CUSTOMER agrees that upon discovering any allegedly defective work, CUSTOMER shall immediately call the Contractor, who shall have the first opportunity to repair the alleged lousy work.

 

(a) The failure to allow WHE the first opportunity to repair the alleged defective work shall void all warranties, express and implied hereunder. CUSTOMER agrees and recognizes that they shall not withhold any payments for allegedly defective work. WHE is not responsible for reimbursement for work performed by any other company or individual.

 

 

15. SERVICES NOT COVERED

Water Heater Experts (a) Will not perform product warranty repair or replacement work. (b) Will not perform any other work or other trade than that which is specified herein, including, but not limited to, (c) carpentry, (d) plaster/wall work, (e) tile work, (f) landscaping, (g) masonry, (h) flooring, (i) roofing, (j) foundation, (k) mold (l) asbestos (m) paving, (n) and other nonrelated plumbing work, unless otherwise stated; (o) paint, (p) plaster, (q) stucco, (r) and landscaping are not included in the upfront price and are the responsibility of the CUSTOMER.

 

 

16. PRODUCT NOISE 

We are not responsible in part or whole for any manufacturer equipment, parts, or apparatus operational noise decimal (sound) level(s) caused by operation or vibration.

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17. SCOPE OF AGREEMENT

This agreement represents the entire and integrated agreement between CUSTOMER and WHE and supersedes all prior negotiations, representations, or agreements, either oral or written. This agreement may be amended only by written instrument offered by the Contractor and accepted by CUSTOMER.

 

 

18. LEGAL NOTICE

SEND NOTICE OF CANCELLATION AND ALL CORRESPONDENCE TO THE CORPORATE OFFICE AT: WATER HEATER EXPERTS, (dba, Water Heater Pros, 11367 TRADE CENTER DRIVE, SUITE 130, RANCHO CORDOVA, CA 95742 (916) 344-4500