TANKLESS PROS AZ, LLC. DBA, WATER HEATER PROS AZ

The terms and conditions below shall refer to Tankless Pros Az, LLC as the CONTRACTOR and Homeowner as the CUSTOMER.

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1. ARIZONA CONTRACTOR: ROC 335298, TYPE: RC-37

All plumbing companies are required to be licensed in the State of Arizona.

 

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 Contractor's License, a company may be unable to pull permits, perform inspections, and ensure you comply with all applicable laws.

 

 

2. LIABILITY INSURANCE

The Registration of Contractors does not require a contractor to carry General Liability insurance. Liability Insurance can protect a third party against Bodily Injury and Accidental Property Damage.

 

However, for your protection, we carry GL Insurance.

 

(a) What you need to know:

If a contractor does not have insurance, you’re gambling with your largest single asset … your home. For example, if an uninsured contractor 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 that occurs while employees are working.

 

(a) What you need to know:

If an individual or group of individuals perform work on your property and become injured and are not covered by Workers’ Compensation Insurance, 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

The CONTRACTOR must obtain access to other properties in the course of work; the CONTRACTOR shall secure permission for such and hold harmless and indemnify the 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 the CONTRACTOR, its employees and agents against all claims arising out of CUSTOMER’S failure to do so.

 

 

6. LIMITED WARRANTY

The Contractor warrants its materials and workmanship 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 the CONTRACTOR to the CUSTOMER and is instead of all other warranties, expressed or implied.

 

 

7. CUSTOMER

Shall contact the CONTRACTOR within twenty-four hours (24) of discovery of any warranty claim. The CONTRACTOR will respond promptly between 8:00 a.m. and 4:00 p.m. (Local 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 physical conditions, such as pipes, wiring, waste and vent piping, communication lines, or other unknown physical conditions of an unusual nature, which differ materially from that which is 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 CUSTOMER responsible (1) for all unforeseen and concealed conditions and (2) for that which the CONTRACTOR cannot control. Accordingly, CUSTOMER further agrees to hold the CONTRACTOR 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 work involving, affecting, or relating to such unforeseen or concealed conditions, regardless of whether such damages are caused in part by the CONTRACTOR.

 

(b) Asbestos or other Hazardous Materials Remediation Work – The CONTRACTOR has no information concerning asbestos or other hazardous materials or substances in any portion of the CUSTOMER’S property and has not investigated.

 

The CONTRACTOR does not perform asbestos or other hazardous materials or substance removal, and the CONTRACTOR shall have no responsibility whatsoever.

 

CUSTOMER expressly releases the Contractor 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 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 property concerning asbestos or other hazardous materials or substances, all work by the CONTRACTOR will cease until CUSTOMER has, at CUSTOMER sole expense, caused said asbestos or other hazardous materials or substances to be removed in compliance with all applicable laws relating thereto.

 

 

9. RECOMMENDATION NOT PERFORMED

If the CUSTOMER does not choose the suggested options, and a failure is experienced, The CONTRACTOR is held harmless.

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10. LICENSE, PERMITS, FEES

CUSTOMER shall furnish and pay for, at CUSTOMER’S own expense, all taxes, permits, and license fees required to perform the repair work under this Agreement legally.

 

Access to the property for an agent of the administration authority must be provided within a reasonable time. Should reasonable access not be provided, the CUSTOMER may incur additional charges.

 

(a) If at any time the administrative authority asks for additional work unrelated to our original contract, that work is the CUSTOMER's responsibility. The CONTRACTOR will provide an additional UPFRONT 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 is 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 vehicles 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.

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(a) No deduction shall be made from payments due to the CONTRACTOR 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, CUSTOMER agrees and recognizes that payment for services rendered by the CONTRACTOR when due is an express condition precedent to the CONTRACTOR continuing work as described in this Agreement. CUSTOMER recognizes that failing to pay for services when due entitles the CONTRACTOR to terminate work immediately.

 

(b) If the CONTRACTOR terminates work for non-payment as herein described, the CONTRACTOR 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 Arizona law.

 

 

13. RIGHT TO TERMINATE IN EVENT OF DISPUTE

In the event of a dispute between the CONTRACTOR and CUSTOMER, the CONTRACTOR and CUSTOMER agree that the Contractor may immediately terminate the work described herein. In the event of 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, the contractor is entitled to a minimum fee of up to 10% or $1000, whichever is less. In the event of cancellation by CUSTOMER after work has commenced, the 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 workmanship and materials.

 

CUSTOMER agrees to notify the Contractor within forty-eight (48) hours of completion of the work described hereunder of all defective work, if any.

 

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 defective work.

 

(a) The failure to allow the Contractor 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. The Contractor is not responsible for reimbursement for work performed by any other company or individual.

 

 

15. SERVICES NOT COVERED

Water Heater Pros Az, (a) Failure of equipment and parts manufactured by others. Will not perform product warranty repair(s) 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 non-related plumbing work, unless otherwise stated; (o) paint, (p) plaster, (q) stucco, (r) and landscaping are also not included in the scope of work, and are the responsibility of the CUSTOMER.

 

 

16. PRODUCT NOISE 

We are not responsible in part or whole of 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 the CONTRACTOR 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 OFFICE AT: 

Water Heater Pros Az, 7595 W Trails Dr. Glendale, AZ 85308 or to sid@tanklessprosaz.com