Terms and Conditions
a. “Contractor” herein refers to ABC Plumbing Heat and Air and its Associates.
b. “Customer” herein refers to person/agent for whom the contractor is rendering services.
2. Payment Terms
The entire work order is due upon completion of described work. Any payment not received within 30 days from completion of work is subject to interest of the highest amount allowed by contract in the State of Oklahoma for work that was performed and paid. If applicable, sales tax is included in the price. Id Contractor commences litigation or employs attorneys to collect payment for any amount due from Customer, Customer agrees to pay reasonable costs and attorney’s fees that may be due.
3. Collection Costs
Customer agrees that they shall pay expenses incurred by Seller for the collection of any delinquent accounts including, but not limited to, actual attorney’s fees, filing fees, and costs. Any and all disputes arising out of this sale shall be interpreted under the laws of the State of Oklahoma in which the work was performed.
4. Warranties and Limitations on Warranties
Contractor warrants that work performed and all parts and equipment installed in the servicing of the air-conditioning unit(s) were completed in a workman-like manner and that said work shall be free from defects in materials and workmanship for a period of 30 days from date said work was performed or manufacturers warranties, whichever is longer. Contractor’s obligation for defective products and/or workmanship, or any damage caused thereby and Customer’s exclusive remedy, shall be limited at Contractor’s option to the replacement of any defective parts or workmanship or the refund of amounts paid by Customer for said service and shall be conditioned upon Contractor receiving actual written notice of said defect within the 30-day period noted herein.
Manufacturer’s warranty on parts, ABC Plumbing Heat and Air gives a 1-year new construction warranty, and a 30-day warranty on service (with the exception of drain cleaning).
The foregoing warranties are exclusive and in lieu of all other express or implied warranties of merchantability and fitness for a particular purpose. Contractor shall not be subject to and disclaim 1) any other obligation of liabilities arising out of breach of contract or of warranty; 2) any obligations whatsoever arising from claims, including negligence and strict liability or arising under theories of law with respect to products sold or services rendered by Contractor or any undertakings, acts, or omissions related thereto; 3) all consequential incidental and contingent damages whatsoever.
Any alterations, additions, adjustments, or repairs made by others, unless authorized or agreed upon by this Contractor, will be cause to terminate Contractor’s obligation under the contract.
6. Exclusion of Course of Dealing
It is agreed that no prior course of dealing or usage of trade not expressly set forth in this contract shall be admissible to explain, modify, or contradict the contract in any way.
7. We hereby submit specification and estimates for the described invoice, which will meet the approval of City and State codes. The owner is responsible for any underground lines, such as phone, water, gas, etc. Owner must call OKIE at 800-522-6343, at least 48 hours before any digging can be done by ABC Plumbing Heat and Air. We do not do any drywall repairs, painting, carpentry, fencing, landscaping, electrical repairs, or any other repairs other than what is listed in the above work order. Owner is responsible for any blasting or any rock removal of any kind. If needed, this will be an extra charge, and payment is due up front. All changes must be in writing and will cost extra. Customer is responsible for all inspection and permit fees.
8. Lien Act
Customer is hereby notified that any person performing labor or furnishing material for the repairs or improvements on Customer’s property will be entitled to a lien against said property if the work is not paid in full. This lien can be enforced by the sale of said property. In addition, Customer will be responsible for attorney fees and court costs, plus any other fees that may occur.
9. ABC Plumbing Heat and Air does not give refunds based on other company’s/individual’s assessments of service or diagnostics performed by any of ABC’s employees or representatives.