TERMS & CONDITIONS
Responsibilities of Customer:
Customer represents that, except as described in the request for service, all plumbing, heating, air conditioning, electrical, and drain systems are in good repair and condition and agrees to hold Seller harmless for the discovery of defective conditions, including but not limited to the following:
Improper or faulty plumbing
Rusted or defective pipes
Acids in drain systems
Settled or broken lines
Existing illegal or non conforming conditions
Defective rooking
Improperly charged systems
Faulty air movement
Electrical defects
Improper or faulty electrical
Improper voltage by power company
Responsibilities of Brass Peak Plumbing and Heating Ltd.:
Brass Peak Plumbing and Heating Ltd. (BPPH) shall do all work in a competent, professional manner. BPPH is not responsible for any existing illegal conditions.
Limited Warranty:
BrassPeak Plumbing and Heating Ltd. (BPPH) warrants it’s work to be free from defects in material and workmanship for the warranty prior of ninety (90) days from completion unless otherwise stated in writing on the face hereof. All drain stoppages are not warranted unless stated in writing on the face hereof. All warranties are void if payments is not made when due. Warranties extend only to the customer and are not transferrable. If a defect in materials or workmanship covered by this warranty occurs, BPPH will, with responsible promptness during normal working hours, remedy the defect. In no event shall BPPH be held liable for water or other damage caused by any delay in remedying a defect. To obtain warranty performance, notify BPPH of any defect or claim for breach at the address and telephone number on the face hereof.
Exclusions and Limitations:
Customers right to repair and replacement are customer exclusive remedies. BPPH shall not be liable for incidental or consequential damages.
BPPH is not responsible for the following which are excluded from the coverage of this limited warranty:
Defective conditions listed under the “Responsibilities of the Customer.”
Work performed by or materials installed by others not in this agreement
Defects and failures from mistreatment or neglect or otherwise not caused by defect in BPPH’s materials or workmanship.
Mold development or mold detection of any kind.
“The limited warranty stated above is the only warranty BPPH makes. BPPH makes no warranty of merchantability or fitness for a particular purpose for goods sold, or any other warranty, expressed or implied.”
Protection of Customer’s Property:
Customer agrees to remove or protect any personal property, inside and out, including but not limited to carpets, rugs, shrubs and gardens. BPPH is not responsible for any of customer’s personal affects. Nor shall BPPH be held responsible for the natural consequences of BPPH’s work which may cause damage to improvements to real property including, but not limited to, curbs, sidewalks, walks, driveways, garages, patios, lawns, shrubs, sprinkler systems, wallpaper, drywall, stucco, tile, cabinets and other appurtenances to the residence or real property.
BPPH shall not be held responsible for damage to personal property, real property or any improvements boreal property caused by persons delivery materials or equipment, or keeping gates and doors closed for children or animals.
Default & Consequences of Default
Interest on overdue invoices shall accrue from the date when payment becomes due daily until the date of payment at a rate of 3% compounding per calendar month and shall accrue at such a rate until the account has been settled. Terms relating to late payments are as follows:
If the Customer defaults in payment of any invoice when due, the Customer shall indemnify Brass Peak Plumbing and Heating Ltd (BPPH). from and against all BPPH’s costs and disbursements including on a solicitor and own client basis and in addition all of BPPH’s nominees costs of collection.
Without prejudice to any other remedies BPPH may have, if at any time the Client is in breach of any obligation (including those relating to payment), BPPH may suspend or terminate the supply of Goods to the Client and any of its other obligations under the terms and conditions. Brass Peak Plumbing and Heating Ltd. will not be liable to the Client for any loss or damage the Client suffers because BPPH exercised its rights under this clause.
BPPH shall be entitled to cancel all or any part of any order of the Client which remains unperformed in addition to and without prejudice to any other remedies; and all amounts owing to BPPH shall, whether or not due for payment, immediately become payable in addition to the interest payable (see above).
Accounts that remain unpaid for more than 60 days are subject to further legal recourse.
Entire Agreement:
This is the entire agreement. The parties are not bound by any oral expression or representation by any agent purporting to act on their behalf, or by any commitment, or arrangement herein. The agreement binds jointly and severally all signing as Customer, their heirs, representations, successors and assigns. BPPH will not provide an itemized breakdown of materials and labour.
Warranties, and limitations of Warranties:
No warranty, expressed or implied, is provided for any existing systems or appliances. Any alteration, repairs, or additions made by others unless authorized and agreed upon by BPPH, will be cause to terminate Seller’s obligation under this contract.