Terms and Conditions

STANDARD TERMS AND CONDITIONS

This document sets forth the standard terms and conditions and agreements for plumbing, drain or other services between Johns Plumbing, Heating and Air Conditioning, Inc. (JPHVAC) and each of its CUSTOMERS. All of these standard terms and conditions are incorporated by reference into each service or repair agreement (AGREEMENT) issued by JPHVAC and become a part of the contract or agreement between JPHVAC and CUSTOMER upon acceptance of such AGREEMENT.  Acceptance shall be deemed to have occurred upon JPHVAC’s commencement of work.

PROMISE TO PAY: The CUSTOMER promises to pay JPHVAC at the completion of the service work as identified in the quote and/or scope of work (hereinafter “SERVICE”) the amount stated in full on the invoice. Payment is to be made at the job location (as indicated on the invoice) with US currency, check, credit card or a third-party lender. Regardless as to the payment method selected, CUSTOMER(s) are personally liable for all payment obligations.  Payments not made upon completion of the service shall bear interest rate of 1.5% per month.  In addition, if full payment in conjunction with the SERVICE is not made at completion of the SERVICE, JPHVAC may add a $50.00 administrative billing fee. The CUSTOMER waives all rights for notices and protest to the extent permitted by law. JPHVAC pricing is based on the job, not time and materials; therefore, JPHVAC will not provide an itemized breakdown of materials and labor. JPHVAC will provide an itemized list of materials used to perform the necessary repair upon written request, to the extent itemization is reasonable under the circumstances. In the event JPHVAC retains an attorney to assist with the collection of the monies due or for any other reason related to this Agreement, JPHVAC shall have the right to recover its reasonable attorneys’ fees from CUSTOMER as permitted under N.C. Gen. Stat. § 6-21.2. JPHVAC will have the right to file a Mechanics Lien for the labor and supplies which were used. Notwithstanding the foregoing, to the extent Customer is commercial entity, the parties agree that the this Agreement shall be deemed a “business contract” under y N.C. Gen. Stat. § 6-21.6, and the prevailing party shall be entitled to have its attorneys’ fees and expenses incurred by reason of any suit, action, proceeding or arbitration reimbursed.

RESPONSIBILITIES OF CUSTOMER: CUSTOMER represents that, except as described on the invoice, all plumbing and drain systems are in good repair and conditions and agrees to hold JPHVAC harmless for damages, loss, liability, claims or expenses (including reasonable attorneys’ fees) arising out of or related, but not limited to, the following: Improper or faulty plumbing, rusted or defective pipes, acids in the drain system, lines that are settled or broken, existing illegal (including, but not limited to plumbing code violations) conditions, defective roofing and electrical defects, and the improper use, mistreatment, or negligence of CUSTOMER and/or CUSTOMER’s guests.

PROTECTION OF PERSONAL PROPERTY: CUSTOMER agrees to remove or protect any personal property, inside and out, including, but not limited to, carpets, rugs, shrubs and planting. JPHVAC shall not be responsible for any personal items of CUSTOMER or at CUSTOMER’s property. JPHVAC shall not be held responsible for the natural consequences of JPHVAC 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 other real property. JPHVAC shall not be held responsible for damage to personal property, real property, or any improvements to real property or for keeping gated and doors closed for children and animals. If JPHVAC digs up any areas, JPHVAC will not be responsible for finish grading or re-seeding. JPHVAC may, as a courtesy, supply and seed and straw but will not be responsible for restoring any grass, planted area, trees or shrubs.

LIMITED WARRANTY: JPHVAC shall do all work in a competent, workmanlike manner and the SERVICES are warranted for a period of one year from the date of performance of the SERVICE; provided, however, this Limited Warranty is contingent upon CUSTOMER’s timely payment, in full, for all work and SERVICES performed by JPHVAC and CUSTOMER’s compliance with his agreement.  This Limited Warranty exclude: (1) Defective conditions listed under the above “responsibilities to the CUSTOMER”; (2) Work performed by or materials supplied by or installed by others; and (3) Defects for failures resulting from CUSTOMER’s mistreatment or negligence..  THE WARRANTY THE WARRANTIES SET FORTH IN THIS SECTION ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WHICH ARE HEREBY DISCLAIMED AND EXCLUDED BY JPHVAC, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE.  ALL OBLIGATIONS OR LIABILITIES ON THE PART OF JPHVAC FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, THE USE, REPAIR, OR PERFORMANCE OF ANY EQUIPMENT/MATERIALS ARE DISCLAIMED.  JPHVAC WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DELAY IN FURNISHING SERVICES OR ANY OTHER PERFORMANCE UNDER OR PURSUANT TO THIS AGREEMENT.  THE SOLE AND EXCLUSIVE REMEDIES FOR BREACH OF ANY SERVICE WARRANTIES AND THE SOLE REMEDIES FOR JPHVAC’S LIABILITY OF ANY KIND (INCLUDING LIABILITY FOR NEGLIGENCE) WITH RESPECT TO THE SERVICES COVERED BY THIS AGREEMENT SHALL BE LIMITED TO  THE REPERFORMANCE OF THE SERVICE AND, IF APPLICABLE, JPHVAC AGREES TO ASSIGN MANUFACTURER WARRANTIES TO CUSTOMERS.  IF JPHVAC FAILS TO REPERFORM THE SERVICES, JPHVAC’s ENTIRE LIABILITY SHALL NOT EXCEED THE AMOUNT PAID TO IT BY CUSTOMER FOR THE SERVICE. IN NO EVENT SHALL JPHVAC’s LIABILITY INCLUDE ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES, EVEN IF JPHVAC SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE.

Applicable Law.  This Agreement shall be construed in accordance with the laws of the State of North Carolina without regard to its conflict of law rules. Any action or claim arising out of or relating to this Agreement.  The sole and exclusive venue shall be the state courts for Guilford County, North Carolina.  The parties each expressly consent to suit in such forum and waive any objections as to personal jurisdiction, venue, or inconvenient forum.

DEPOSITS: For certain SERVICES, JPHVAC reserves the right to charge CUSTOMER a deposit.  The deposit will be required when in JPHVAC’s discretion, it believes that materials should be acquired or ordered prior to commencing with SERVICES.  In the event the CUSTOMER cancels or terminates the SERVICES, JPHVAC may be required to pay a restocking or early termination fee for the ordered materials.  To the extent there is a balance remaining on the deposit after the fee is paid, JPHVAC will return that portion to CUSTOMER.