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American Plumbing Heating & Cooling LLC
CONTRACT TERMS AND CONDITIONS
American Plumbing Heating & Cooling LLC (“APHC”) will construct for Owner the improvements identified in the associated Invoice or Proposal (“Work”) for the price indicated within The invoice or Proposal.
PAYMENT. Payment is due on the day of service unless otherwise noted within the proposal or invoice. Payments not received in full on the day of service are subject to a late fee. Unpaid invoices after 30 days are subject to collections which include, but are not limited to, Theft of Services filed at the Local Police Department, Civil Court and reporting to all national collection agencies.
Upon execution of the Proposal, the Owner will provide payment as provided in the Proposal. The Owner shall pay all invoices, including change orders, within 30 days from the date of the invoice. If Owner has secured institutional financing for the Work, Owner shall request the institution to issue payments for the Work as either as one party checks, made payable to APHC, or two-party checks, payable to Owner and APHC. Any sums due after 30 days will incur interest charges of 24 percent per annum, compounded monthly. All Work performed by APHC shall be completed in a workmanlike man-ner according to standard practices, and under applicable municipal and State codes. If your check is returned for non-sufficient funds, you expressly authorize your account to be electronically debited or bank drafted for the amount of the check plus any applicable fees. The use of a check for payment is your acknowledgment and acceptance of this policy and its terms and conditions. We reserve the right to withhold any future work including labor and materials at any point payment is not made without penalty.
OWNER’S PRELIMINARY REQUIREMENTS. Unless otherwise agreed, prior to APHC commencing Work the Owner shall, at their sole cost and expense: complete engineering, survey, or other plans fort the project; obtain any federal, state, and municipal approvals or permits required for APHC to perform the contemplated Work; provide a work site capable of supporting and permitting APHC’s Work to occur without any additional, ancillary or incidental steps by APHC not explicitly identified in the Proposal; clear the project site prior to construction of any debris, equipment, personal items and/or construction materials that would materially interfere with RI’s performance of the work. Owner’s failure to meet the conditions identified above, on or before the date identified above, for any reason other than APHC’s negligence, shall constitute breach of this agreement and result in damages as provided in Section 5.
CHANGES TO THE WORK. The Owner or local Code Official, without invalidating the contract, may order changes to the Work including, but not limited to, additions, deletions, or modifications. Changes to Work may be made as the work progresses, and the Owner agrees that any changes to the system installed by APHC that differ from the written proposal, shall be conclusive proof of the owner’s authorization to change the system from the Proposal. The Owner will pay all costs associated with change orders and will receive any cost reduction associated with the deletion and/or substitution of Work. APHC is not liable for existing plumbing, heating or gas conditions. The Owner will pay all costs that may occur if it is necessary or if required by local Code Official to upgrade to current plumbing, heating or gas code for a safe and proper working system. Proposal is based on visible conditions and owner agrees that the price may vary due to non-visible plumbing conditions.
COMPLETION. APHC will complete the Work in the Proposal and any change orders as quickly as practicable. Owner agrees, however, that APHC shall not be responsible for any damages to the Owner, either direct or incidental, arising from any delays in completing the Work before any date discussed between Owner and APHC, unless explicitly agreed to in writing between APHC and Owner. Work dates are subject to change due to unforeseen circumstances and will be rescheduled in a timely manner.
DAMAGES. Owner agrees that the only damages that may be brought by Owner against APHC relate to APHC’s failure to complete the contracted Work, or damage to the Owner’s property or persons while on owners’ property. Owner agrees that any breach of this Contract shall result in damages to APHC, including all direct and incidental damages arising from the breach. Owner agrees that APHC’s damages shall include, but not be limited to: APHC’s time, resources, equipment and overhead used in mobilization, purchasing materials, and preparing plans,
APHC’s loss of reasonably anticipated profits on this project or other projects occasioned by Owner’s breach or termination of this agreement,
APHC’s losses arising from delays during the prosecution of this Proposal awaiting Owner’s receipt of any plans, approvals, or permits for APHC to complete the Work not arising from APHC’s negligence; and
APHC’s reasonable attorneys’ fees and costs associated with any legal action as a result of Owner’s breach, including any claim for mechanic’s lien. PERMIT FEES. Permit fees are not included, unless otherwise noted in Proposal, and will be at an additional cost which owner agrees to pay. Note: GC to provide job site with burn permits per mall and/or job site requirements.
TERMINATION. APHC may terminate the contract either for cause, arising from the Owner’s inability or refusal to pay invoices on a timely basis, or alter-natively, from Owner’s failure to agree to a change order arising from differing site conditions identified after commencing the Work that make the contemplated Work unpractical or impossible to perform. The Owner may terminate the contract prior to completion of the Work, but shall pay APHC for completed Work that has not been paid, and for all resulting direct and incidental costs and damages identified in paragraph 5. The Owner shall pay APHC for materials purchased specifically for this Proposal.
ENVIRONMENTAL CONDITIONS. Unless specifically indicated, the Work contemplated by APHC presumes that no permits are required for any environ-mental impacts, including, but not limited to subsurface conditions, wetlands impacts, hazardous or solid waste (s) for the work contained in the proposal; or alternatively, the Owner will, prior to the date identified in Section 2, procure all such permits. If APHC believes that permits are required to complete all Work contained in the proposal, APHC shall inform the Owner when APHC learns or reasonably believes any approval or permit is required, and Owner shall retain appropriate professionals to review the situation, and submit any required applications. Owner agrees to defend and indemnify APHC for any environmental claims arising from APHC’s performance of the Work where the alleged violation arises from missing or inadequate environmental permit (s) or existing conditions. Owner’s indemnification shall not cover any claims not included herein or any claims that result from APHC’s actions or negligence that Violates applicable law.
WORK OUTSIDE OUT JOB SCOPE. Work which we are not licensed, insured or capable of completing may be necessary and required to complete this Proposal and is not included unless otherwise noted. No warrantee is given for customer supplied fixtures and/or material. The Owner agrees to pay any additional fees that may occur for repair or reinstallation of supplied fixtures and/or material. APHC does not Included and Owner agrees to pay for any cost associated with core drilling for any plumbing pipes. Roof cuts, installation of roof vent flanges, patch and repairs to any wall ceiling or floor. Concrete cutting, removing and patching. Trenching, backfilling and tamping of earth, electrical or other wiring. Additional cost for removal of old material. Repair to walls, ceilings & floors may be needed and are not included in this estimate unless noted.
LEGAL PROCEEDINGS. Any legal action shall be pursued in the courts of New Hampshire, and notwithstanding any conflict of law principles, shall be governed by New Hampshire law. Payments not made in full will be subject to property lien. Acceptance of this proposal is considered legal notice of property lien.
INDEMNIFICATION. Owner shall defend, indemnify and hold APHC harmless from any and all claims, penalties, or assessments arising from, the breach of any covenant, representation or warranty herein, or from any act, omission, or misrepresentation of the Owner, and/or Owner’s employees, agents or representatives, including architects, engineers, surveyors, or others engaged to perform preliminary steps necessary for APHC to perform its Work. This indemnification shall be as broad as permissible under RSA 338-A:2.
ENTIRE AGREEMENT. There are no promises, terms, conditions, or obligations other than those contained within the Proposal, or the Contract Terms and Conditions. This contract supersedes all prior communications, representations, or agreements, either verbal or written, between the parties hereto, and this agreement may not be amended except in writing, other than the scope of Work as described in Section 3.
WARRANTY. All work described in proposal has a one year warrantee unless noted in contract.
USE OF PICTURES. Owner agrees to allow APHC to use any pictures of the work preformed for purpose of advertising and showing others without penalty or fees from Owner.
TESTIMONIALS. Owner agrees to allow APHC the rights and privileges to use any and all testimonials written or verbal in our advertisements without penalty or fees from Owner.
Email. Owner agrees to allow APHC to use owners email address for receiving advertisements and specials without penalty or fees from Owner. APHC agrees to keep all email and personal information private from others.