Terms & Conditions

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

Authorization to Start Work

Home Improvement Contract

I have reviewed the estimated cost of the proposed work to be completed on my property. I agree to pay for all work completed on my property by Cruz Plumbing and Rooter Services at my request. I am aware of the terms and conditions of this agreement and expressly agree to all the terms contained therein. I understand the above is an estimate and not a guarantee figure for the completion of work on my home. I understand that Cruz Plumbing and Rooter Services will only perform the work outlined above unless it obtains a further agreement from me.

Terms and Conditions To Be Displayed When Clicked:

Terms & Conditions: I have reviewed the estimated cost of the proposed work to be completed on my property. I agree to pay for all work completed on my property by Cruz Plumbing and Rooter Services at my request. I am aware of the terms and conditions of this agreement and expressly agree to all the terms contained therein. I understand the above is an estimate and not a guarantee figure for the completion of work on my home. I understand that Cruz Plumbing and Rooter Services will only perform the work outlined above unless we obtain a further agreement.

1. Cruz Plumbing and Rooter Services does hereby warranty the services provided by it for the period stated on the Contract. This warranty covers service and labor only. Any and all parts installed as part of the work by Cruz Plumbing and Rooter Services is covered by the manufactures warranty only. Customer shall have no recourse against Cruz Plumbing and Rooter Services for the defects in parts utilized. This warranty is limited to defect in workmanship not caused by intervening acts such as mistreatment or neglect by customer. If a defect in workmanship is detected, customer shall promptly notify Cruz Plumbing and Rooter Services of the defect and shall allow Cruz Plumbing and Rooter Services the opportunity to complete repairs of the defective workmanship. This remedy is exclusive. If customer fails to notify Cruz Plumbing and Rooter Services of the alleged defect in workmanship and Not allow Cruz Plumbing and Rooter Services the opportunity to repair the defect, customer shall have no remedy at law.

2.Limitations of Liability. Customer understands and agrees Cruz Plumbing and Rooter Services shall not be liable for any damage caused as a result of existing improper, worn, rusted or defective plumbing, pipe fixtures, walls, flooring, and/or roofing. Customer further understands and agrees Cruz Plumbing and Rooter Services shall not be liable for any incidental or consequential damages which result from materials supplied of services rendered.

3. Resolution of Disputes. A. Customer agrees that all disputes under this agreement shall be litigated in courts chosen by Cruz Plumbing and Rooter Services. B. Customer further agrees that the Law of the State shall apply to all disputes between the parties hereto.

4. Attorney's Fees. It is hereby agreed between the parties hereto that the prevailing party in any action instituted, relating, or referring to this agreement, shall have additional right to recover his/her attorney's fees costs in addition to the cost of the action itself.

5. Entire Contract. This agreement replaces and supersedes and and all previous agreements, written or oral, with the respect to the work to be performed by Cruz Plumbing and Rooter Services. Should anyone or, more of the contract provisions be determined illegals and/or unenforceable, all remaining provisions shall nevertheless remain effective.

6. Amendments. Amendments to this agreement may only be made in writing and signed by Change Order.

7. Warranty of Ownership. Customer does hereby represent that he or she is the owner or the authorized agent of the owner of the real property which Cruz Plumbing and Rooter Services will commence work.

8. Force Majeure. Cruz Plumbing and Rooter Services shall not be liable under the provisions of this agreement for damages on account of strikes, lockouts, accidents, fires, delays in manufacturing, delays of carriers, acts of God, governmental actions, state of war, or any other cause beyond the control of the manufacturer whether or not similar to those enumerated.

9. Mold Release. Contractor Cruz Plumbing and Rooter Services makes no representation or warranty, express, implied, or otherwise regarding mold, fungi, rust, corrosion or other bacteria or organisms. Contractor shall have no duty or responsibility or liability all of which is expressly waived by you for losses, fines, penalties, testing, analysis, monitoring, cleaning, removal, disposal, abatement, decontamination, remediation, repair, replacement, relocation, loss of use of building, or building equipment and systems, or personal injury, sickness or disease associated with mold, fungi, rust, corrosion or other bacteria or organisms. Any implied warranty of workmanlike construction, implied warranty of habitability or an implied warranty of fitness for a particular use hereby waived and disclaimed.

10. Deposit / Down payment It is against the law for a contractor to collect payment for work not yet completed, or for materials not yet delivered. However, A contractor may require a down payment. The down payment cannot exceed $1,000.00 or 10% of the total contract, whichever is less. Progress payments must describe each phase of work including the amount of each payment.

Mechanic's Lien Warning

Anyone who helps improve your property, but who is not paid, may record what is called a mechanics lien on your property. A mechanics lien is a claim, like a mortgage or home equity loan, made against your property and recorded with the county recorder. Even if you pay your contractor in full, unpaid subcontractors, suppliers, and laborers who helped to improve your property may record a mechanics lien and sue you in court to foreclose the lien. If a court finds the lien is valid, you preserve their right to record a lien, each subcontractor and material supplier must provide you with a document called a "20 Day Preliminary Notice." this notice is not a lien. The purpose of the notice is to let you know that the person who sends you the notice has the right to record a lien on your property if he or she is not paid. Protect yourself from liens. You can protect yourself from liens by getting a list of all subcontractors, laborers and suppliers that work on your project. Make sure every person has been paid in full after completion of each phase in writing. Remember, If you do nothing, You risk having a lien placed on your home. This can mean that you may have to pay twice, or face the forced sale of your home to pay what you owe.

Information About Licensed Contractors

Use only licensed contractors. If you file a complaint against a licensed contractor within the legal deadline, the authority will investigate the complaint. If you use an unlicensed contractor, the authority may not be able to help you resolve your complaint. Your only remedy may be civil court, and you may be liable for damages arising out of any injuries to the unlicensed contractor or the unlicensed contractor's employees.

COMPLETION ACCEPTANCE OF WORK PERFORMED

I acknowledge satisfactory completion of the work designated on this invoice and that the premises have been left in a satisfactory condition. I understand that if my check does not clear, I am liable for the check and any charges from the bank. I agree to pay 1.75% per month for past due amounts (minimum charge $30). In the event that the collection efforts are initiated against me, I shall pay for all associated fees at the posted rates as well as all attorney’s fees and collection costs. I agree that the amount set forth in the space marked “Total” is the total price I have agreed to pay today. In the event if I am unsatisfied with the work, I will contact this company prior to posting to any online forums, websites, social media, or review sites. I agree to give Cruz Plumbing and Rooter Services the opportunity to address my un-satisfaction. Any comment or review posted to anywhere on the internet must be removed immediately until Cruz Plumbing and Rooter Services is contacted via phone call to Cruz Plumbing and Rooter Services, and you have spoken directly with The OWNER to address the issue. In the event that my grievances cannot be resolved to my satisfaction, I agree to post the full story of our conversation and interaction with any social media posting (which includes reviews to Yelp!, Home Advisor, Angie's List, Google, Facebook etc.). If my comments and/or reviews are missing the complete story, the post must be immediately removed and will result in legal action by Cruz Plumbing and Rooter Services.

WAIVE YOUR RIGHT TO CANCEL 

You the consumer can waive your right to cancel the contract if it is a real emergency in which you the consumer needs the goods or services immediately and cannot wait for the cancellation period to end. ("Waive" means to give up a right with knowledge of the right and the effect of the waiver.) All of the following must be true in order for the waiver to be valid: I. The contract must be for emergency or immediate necessity repairs or services which are necessary for the immediate protection of people or property; II. The consumer, the consumer's agent, or the consumer's insurance representative must have initiated the contract; and The consumer must sign the signature box approving the work to be started and acknowledges and waives the consumer's right to cancel. By acknowledging you read this form, you agree to let this take place of the handwritten statement being this is a paperless transaction. I will notify Cruz Plumbing and Rooter Services of any alleged damages incurred because of the work completed within 24 Hours, in writing by mail or by email. Mailing Address: PO Box 691, Ontario CA 91762 email: laura@cruzplumbingandrooter.com