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Terms & Conditions
Privacy Policy: Text
SCOPE AND PRICE OF CONTRACT: N’Awlins Plumbing Repair, LLC (“NPR”) will conduct for Customer the plumbing improvements, installations, or repairs identified in the Invoice or Estimate (the “Services”). Customer agrees to pay for the specified labor and materials, any permit fees, and any equipment fees or costs incurred by NPR necessary to perform the Services, and any other services described in the associated Invoice or Estimate. Customer agrees to be bound to the Terms and Conditions set forth herein. The Contract constitutes these Terms and Conditions and the associated Invoice or Estimate, and all documents incorporated therein. NPR objects to the inclusion of any terms or conditions proposed by Customer which are different or in addition to the terms and conditions of this agreement. Any such terms shall be void and the terms herein shall constitute the complete and exclusive statement of the terms and conditions of the contract between the parties. NPR will provide the Services to Customer at the price in the associated Invoice or Estimate. If the price is not specified as a particular fixed amount, then the price will be computed on a time and materials basis.
RETENTION/HOLDBACKS: There shall be no retention or holdback from payment to NPR, unless required by law.
EXTRA/ADDITIONAL EQUIPMENT OR SERVICES: NPR's price is an estimation of the cost of the project based upon the drawings, documents, information, or descriptions set forth in the associated Invoice or Estimate. It is not a fixed price. Estimates are given because the nature or scope of the Services may be uncertain, due to concealed conditions, difficulty in assessing problems to be encountered or resolved, or difficulty in determining the means or methods of best accomplishing the Services. If NPR commences the services based upon an estimate, and the scope of the project or the value of the time and materials substantially exceeds the estimate, then Customer shall pay the higher price as computed on a time and materials basis. If it appears that the price of the project is likely to substantially exceed the amount of the estimate, NPR will make reasonable efforts to notify Customer when commercially practical to do so. Any additional services, equipment, or materials requested by Customer will be billed at the rates set out in the associated Invoice or Estimate, or as otherwise agreed in writing by the parties.
PAYMENT: Payment is due on the day of service unless otherwise noted within the Invoice or Estimate. Credit Card payments are subject to a processing fee of 3% (subject to change). Payments not received in full on the day of service are subject to a late fee and or interest. All late payments shall incur interest charges of 18% per annum, compounded monthly, or the highest legal rate. Unpaid invoices after 30 days are subject to collections, which include, but are not limited to, Property Lien, Theft of Services filed at the Local Police Department, Civil Court and reporting to all national collection agencies. Notwithstanding any provision in Customer's Estimate, Invoice, or contract documents, payment to NPR shall not in any way be conditioned upon receipt of payment from any person or entity, including the Customer. If a check is returned for non-sufficient funds, Customer expressly authorizes Customer’s account to be electronically debited or bank drafted for the amount of the check plus any applicable fees. NPR reserves the right to withhold any future work or warranty, including labor and materials, at any point if payment is not made without penalty to NPR.
DEFAULT AND TERMINATION: Should Customer fail to make any payment when due, or become insolvent or bankrupt, or breach any provision of these Terms and Conditions, Customer shall be in default. Upon default, NPR may, without notice and without prejudice to any other remedy it has, immediately terminate the Contract, take possession of the equipment or materials without notice and without becoming liable for trespass, and recover all monies due and owing to NPR, including any expenses incurred in recovering the equipment or materials, plus any rental fees or costs, services and other charges incurred after termination. Customer will pay on demand all such costs, charges, and expenses, including reasonable legal expenses, incurred in retaking possession of the equipment or materials and/or in the collection of any monies which Customer owes to NPR.
ENTIRE AGREEMENT: This Contract contains the full and entire agreement between the parties. There are no agreements, conditions, representations or warranties except as are contained herein. No course of dealings between the parties and no usage of trade shall be relevant or admissible to supplement, explain, or vary any provision hereof. Moreover, no contract, specification, drawing or other item shall be incorporated into or made a part of the Contract or binding on NPR unless it is first agreed to in writing by NPR. Commencement of performance shall be deemed the acceptance by Customer of this Contract.
WAIVER OF DAMAGES: Notwithstanding any contrary provisions, neither NPR nor Customer shall be responsible to the other for lost profits, or for indirect, incidental, delay, special, exemplary, liquidated or consequential damages relating to performance under this Contract.
WARRANTY: NPR warrants that all materials provided by NPR shall be as specified and free of defects, and all work shall be completed in a substantially workmanlike manner. THIS WARRANTY EXPIRES ONE YEAR AFTER COMPLETION (DEPENDING ON SCOPE AND TRADE OF WORK), 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 contract price; or (2) fails to provide prompt notice of a warranty claim (within thirty days, or in case of an emergency then as soon as possible) and a reasonable opportunity to correct the problem; or (3) Customer permits any person or firm other than NPR to complete, correct, perform or redo any Service identified within the original scope of the Service of this contract with NPR. No warranty is given to pre-existing plumbing installations, parts, equipment or materials. No warranty is given as to the results of drain cleaning or the quality or suitability of parts or plans or specifications which are not supplied by NPR.
NOTICE: Any notice or other communication required to be given must be sent by first class mail or electronic mail to the address of the other party as reflected on the associated Estimate or Invoice or any other address communicated in writing by one party to the other.
CLAIMS AND EMERGENCIES: All claims by Customer for losses, damages, back charges or offsets shall be submitted to NPR in writing within five (5) business days of the first discovery of the potential for such claim. If Customer fails to provide such written and timely notice, NPR will be prejudiced in its ability to inspect and correct any problems. Accordingly, claims not made in accordance with this paragraph are waived. In the event of an accident or situation involving death, bodily injury or product failure concerning or related to NPR's equipment, materials, or services, Customer agrees to immediately notify NPR. NPR shall straightaway be afforded the opportunity to visit the site and perform all tests, analyses or investigation it reasonably requires.
TECHNICAL INFORMATION: When NPR provides to Customer technical data, drawings, information or specifications for use of equipment or materials, the following conditions apply:
Customer agrees to defend, indemnify and hold harmless NPR against and from liability or claim for damage or injury sustained by reason of any deviation from such technical information.
All technical information shall remain the property of NPR and may not be used on any other project of any kind and nature without the express written consent of NPR.
Layout drawings, if ordered by Customer will be charged at an hourly rate agreed between NPR and Customer.
All notes, general note sheets, specifications, and other information provided with NPR's drawings shall become part of this Contract. It is Customer's responsibility to review the drawings for structural accuracy and report any deficiencies in the drawing to NPR prior to erecting or using the equipment or materials.
FORCE MAJEURE: Neither party shall be responsible or liable for, nor be deemed to be in breach of this Contract because of any delay in the performance of its obligations hereunder (except Customer's obligation to make payment) due solely to a force majeure event beyond its reasonable control and without the fault or negligence of the party claiming such delay, provided that the party claiming the delay shall promptly give written notification to the other party within five (5) days after such party learns of the force majeure. Force majeure events are acts or forces, the occurrence of which could not reasonably have been foreseen at the time of entering into this Contract and could not reasonably have been avoided or overcome by the party asserting this paragraph and include without limitation, hostilities, war, revolution, riots, act of terrorism, maritime border or boundary dispute, civil commotion, strike, labor disturbances, lock out or injunction, epidemic, quarantine, accident, fire, wildfire, lightning, flood, hurricane, tornado, wind storm, earthquake, explosion, blockade or embargo, lack of or failure of transportation facilities.
INDEMNITY: TO THE FULLEST EXTENT PERMITTED BY LAW, CUSTOMER SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS NPR AND ITS OFFICERS, DIRECTORS AND EMPLOYEES AGAINST ANY AND ALL CLAIMS, ACTIONS, EXPENSES, DAMAGES, LOSSES AND LIABILITIES, INCLUDING ATTORNEYS FEES AND EXPENSES ("CLAIMS"), FOR PERSONAL INJURIES (INCLUDING DEATH) AND/OR PROPERTY DAMAGE ARISING FROM OR IN CONNECTION WITH THIS CONTRACT AND/OR NPR'S EQUIPMENT, MATERIALS, AND SERVICES TO THE EXTENT SUCH CLAIMS ARE CAUSED BY THE ACTS OR OMISSIONS OF CUSTOMER OR ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY THEM OR ANYONE FOR WHOSE ACTS THEY MAY BE LIABLE, INCLUDING THE ACTS OR OMISSIONS OF CUSTOMER'S SUBCONTRACTORS.
COMPLIANCE WITH LAWS: Customer agrees to observe and conform to all applicable governmental laws, rules, and regulations ("Laws") and shall defend and indemnify NPR for Customer's failure to comply with such Laws.
LAW OF CONTRACT: The terms and provisions of the Contract shall be construed and enforced in accordance with the laws of the State of Louisiana.
INFORMATION SUPPLIED TO NPR: Customer warrants that the information supplied by it or on its behalf to NPR is accurate, complete, and appropriate for the Project and NPR's scope of work. Customer agrees to defend, indemnify and hold harmless NPR from any and all costs, expenses, damages, liabilities, claims, and causes of action, including reasonable attorney's fees, arising out of or related to any error or inaccuracy or defect in the information supplied to NPR by or on behalf of Customer.
ACCESS TO THE WORK SITE: Customer shall obtain the necessary permits or permission for NPR to have access to the site for performance of the Services. NPR shall have complete access to perform its work as outlined in the associated Estimate or Invoice. Customer is responsible for keeping a mutually-agreed upon schedule for the Services. If Customer fails to meet that schedule, by failure to be present at the site, or by failing to do anything to be prepared for the work to commence (including failure to timely make a payment), then Customer will pay for the reasonable expenses of any NPR employees’ nonproductive trip(s). NPR reserves the right to charge a cancelation fee to cover administration and handling costs.
NO WAIVER: Waiver by NPR of any breach or provision hereof shall not be taken or held to be a waiver of said provision or any subsequent breach.
DEFECTS: Customer may not back charge or withhold any monies due hereunder as the result of any alleged failure of materials or equipment to meet the requirements of the plans and specifications unless Customer first notifies NPR in writing. Such written notice shall not delay payment for non-defective equipment. If any defects in design, workmanship, or materials purchased or rented hereunder are discovered by the Customer, and Customer gives prompt notice of such defects, NPR shall, in its sole discretion, repair or replace such items at its expense. These repairs (or replacement) shall constitute the sole remedy for Customer and the sole liability of NPR, whether based on warranty, contract or negligence.
Privacy Policy: Privacy Policy
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