Signature(s) on estimates furnished by Mike’s Master Plumbing stipulates your agreement to the following Terms and Conditions.
1. Definitions
1.1. "Company" refers to Mike’s Master Plumbing LLC.
1.2. "Client" refers to the person(s) or entity requesting services.
1.3. "Services" refer to the plumbing work described in the provided estimate which details the full Scope of Work as detailed in the section of this agreement under the same name.
1.4. “Contract” refers to the finalized estimate, which serves as a detailed Scope of Work, which has been approved and signed by Client, and is always subject to the following Terms and Conditions.
2. Estimates and Pricing
2.1. All estimates provided by the Company are valid for 30 days unless otherwise stated. Flexibility on this deadline may be offered by the Company at their discretion.
2.2. Per Alabama Law, all plumbing projects require a written contract.
2.3. Final charges may vary based on unforeseen circumstances or additional work required after the commencement of services. The Company shall make every effort to honor initial pricing and will make every effort to ensure Client is promptly informed of any deviations from this pricing.
2.4. The Client will be informed and must approve any changes to the estimated costs either verbally or in writing.
2.5. All pricing, unless otherwise specified, includes labor and materials.
3. Materials
3.1. While all materials are included in estimates, fixtures, appliances and any other peripheral items are not included unless specifically indicated. Client is responsible for selecting and purchasing all of the desired items to be installed.
3.2. Any malfunctions or flaws with any peripheral items that have not been purchased by the Company are not the responsibility of the Company; but of whomever purchased those items. The Company shall not be held liable for any damages caused by such defects or malfunctions.
4. Scope of Work
4.1. The full Scope of Work is detailed in the estimate provided to the Client. The Company agrees to provide plumbing services as detailed in this estimate. In rare cases, separate Scope of Work documents may also be furnished in addition to the estimate for particularly complex projects.
4.2. Any additional services requested by the Client or their Client that fall outside the initial scope of work is considered a “Change Order” as detailed in the following section.
5. Change Orders
5.1. Change orders may be necessary due to unforeseen discoveries, challenges that arise in the project process or by new desires expressed by the Client during a project. Communication with the Client, for the first two circumstances, shall be prompt and include the issues, proposed solution(s), an estimated cost and an estimated timeline for completion.
5.2. Ideally, Change Orders should be agreed upon in writing; however, in unspecified instances, a verbal agreement shall suffice to minimize interruption to project completion. In instances where verbal agreements have been given, details of said agreement shall be noted in the appropriate invoice(s). Change Orders may or may not warrant a separate invoice detailing only those deviations from the original contract.
6. Payment Terms
6.1. Unless otherwise specified, all invoices are, by default, issued on a NET7 schedule. Payment is expected to be received, in full, no more than SEVEN (7) days after date of the invoice issuance. Delinquent payments may incur additional penalties as detailed in the section 10 below.
7. Project Deposits
7.1. A singular deposit may be required before the commencement of services which will be detailed in the initial estimate. An invoice will be furnished for this deposit and is expected to be received in-full within seven days prior to the date Services have been scheduled. Upon completion of the work, a second invoice shall be furnished for the remaining balance unless a payment schedule has been established in the initial estimate.
8. Payment Schedules
8.1. In some cases, particularly when involving large, multi-phase projects, a deposit and a payment schedule may be required. Such payment schedules will be included in the initial estimate along with percentages, amounts and/or specifications for events which trigger subsequent phases of this payment schedule. In this circumstance, the payment schedule is expected to be followed precisely as detailed. When a payment draw invoice is submitted, it is expected to be paid no later than the Friday of the same week the invoice is submitted for payment unless otherwise specified or mutually agreed to. If such payment is not made, an interruption to the scheduling may occur at the discretion of the Company. Company shall not be held liable for any subsequent damages that may occur from such a shift in scheduling. Company shall work diligently with Client to reschedule once payment has been made.
9. Grace Period
9.1. A maximum of five days shall be extended following the standard 14-day deadline on regular invoices unless otherwise specified. The only exception to this grace period is for projects which involve a payment schedule (as detailed above).
10. Late Payments
10.1. After 12-days (7-days for the standard NET7 terms, plus five additional days of courtesy grace period), unpaid invoices shall incur a compounding interest rate of 5% per month until the invoice is paid in full. For partial payments, the same penalty amount shall be applied to any remaining balances and will continue to accrue in perpetuity until the full debt is resolved.
10.2. Payment methods accepted include cash, money order, cashier’s check, check, credit card or “cash apps” such as Venmo or Zelle. Other methods may be available at the discretion of the Company.
10.3. Company reserves the right to retain the assistance of a third party, including without limitation, an attorney, to assist with collection of unpaid amounts due and owing, Customer agrees to pay Seller’s costs associated therewith including without limitation reasonable attorneys’ fees, collection agency fees, court costs, and/or additional interest as high as the maximum legal rate allows.
10.4. In the most extreme cases, Company reserves the right to file criminal charges against Client with the local magistrate for theft of services.
11. Access to Property
11.1. The Client agrees to provide access to the property during the scheduled work hours.
11.2. The Company is not liable for delays caused by lack of access or restrictions on the property.
12.Hazardous Materials
12.1. In scenarios where hazardous materials have been discovered, including but not limited to asbestos, severe mold contamination, dangerous insect infestations and/or other similar hazards, the Company reserves the right to stop work immediately. In such instances, Client will be promptly informed. Work shall not resume until proper remediation has been completed. In some instances, customer may be responsible for any additional expenses Company incurs for personal protective equipment which may not otherwise be necessary.
13. Warranty and Liability
13.1. The Company warranties its workmanship for a period of six months from the completion date.
13.2. Warranty claims must be reported in writing within the warranty period.
13.3. The warranty does not cover damage caused by improper use, lack of maintenance, or unauthorized repairs.
13.4. The Company’s liability is limited to the cost of the services provided.
13.5. In instances of material failure, the Company shall work diligently with the Client to provide support including repair and contact information for the manufacturer along with any warranty information, photographs of the installation, etc.
13.6. The Company shall not be held liable for any landscaping or damage to lawns. In situations where it is necessary to, for example, dig a trench through your lawn, the Company will inform the Client prior to execution the reasons for this action. The Client has the right to decline; however, this may result in the Company concluding their services early. In this case, the Client would be required to compensate the Company for work done up to that point.
14. Materials, Equipment and Installation
14.1. Materials and equipment used will meet or exceed all current industry standards.
14.2. If the Client supplies materials, the Company is not responsible for their quality or suitability.
14.3. Installation will be executed in the most professional manner possible, with great care taken to ensure the greatest longevity of materials. Photographs will be taken to record the location and manner in which all Materials and Equipment were installed. Key photographs are, per company policy, always included with the invoice(s). However, additional photographs that were not included may also be available upon request.
15. Permits and Compliance
15.1. The Company will obtain necessary permits unless otherwise agreed to in writing.
15.2. The Client is responsible for ensuring compliance with local codes, regulations and laws if choosing not to have the Company handle permits.
16. Termination and Cancellation
16.1. Either party may terminate this agreement free of penalty if done within seven days prior to the date work is to commence. This termination should be provided by written notice, either through letter, email or text.
16.2. If the Client cancels after work has already begun, the Client shall be billed for work completed according to the pricing as provided in the estimate. In addition, a $250 fee shall be applied to help cover lost income, labor and travel expenses. A modified invoice will be furnished, and the standard NET7 payment terms shall apply unless otherwise noted.
16.3. The Company reserves the right to cancel work at any point for any reason. In such cases, the Client shall be billed for work completed according to the pricing as provided in the estimate. The Company reserves the right to attach a $250 fee to help cover lost income, labor and travel expenses. This fee shall be issued at the Company’s discretion.
17. Liquidated Damages
17.1. In the event a Client cancels Services prior to the commencement of work, but after providing the required deposit, the Company may impose a liquidated damages penalty. This penalty is intended to cover lost time, effort, and costs associated with any items or materials already purchased for the scheduled work. Some items purchased may be non-returnable or subject to stocking fees, resulting in a financial loss for the Company.
17.2. To mitigate this loss, a liquidated damages penalty may be deducted from the deposit. The penalty amount will be determined at the Company’s discretion and may encompass the full deposit. The Company will make every effort to ensure transparency and fairness in the calculation of this penalty and will provide a detailed breakdown, with receipts, to the Client.
18. Indemnity
18.1. The Client agrees to indemnify and hold the Company harmless from any claims arising from the use of the property during or after the services, except for claims arising from negligence or misconduct by the Company.
19. Force Majeure
19.1. The Company is not liable for delays or failure to perform due to causes beyond its reasonable control including, but not limited to, natural disasters, labor disputes, or government actions.
20. Governing Law
20.1. This agreement is governed by the laws of the State of Alabama. Any disputes will be resolved within the jurisdiction of Baldwin County in Alabama.
21.Modifications
21.1. The Company reserves the right to modify, update, or amend these Terms and Conditions at any time, with or without notice. Any such changes shall become effective immediately upon posting. These Terms and Conditions, as amended, will remain binding and enforceable on all parties. The Company shall make every reasonable effort to inform a Client who’s project may be impacted by such changes.
22. Entire Agreement
22.1. This document constitutes the entire agreement between the Company and the Client. Amendments, exceptions or changes must be agreed to in writing and signed by both parties.