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Terms

& COnditions

Your Agree ToThese Terms:

By hiring Western Rooter to complete your service, you agree to the below terms and conditions of our services.

Estimate and Payment:

  • I have reviewed the estimated cost for the proposed work on my property.
  • I agree to pay for all work completed by Western Rooter at my request.
  • This estimate is not a guaranteed figure for the completion of work on my home.
  • Western Rooter will perform only the work outlined above unless we obtain a further agreement.

Warranty and Defects:

  • Western Rooter warrants the services provided for the period stated in the contract.
  • This warranty covers service and labor only.
  • Parts installed as part of the work are covered by the manufacturer’s warranty.
  • Customer has no recourse against Western Rooter for defects in parts utilized.
  • The warranty is limited to defects in workmanship not caused by customer mistreatment or neglect.
  • If a defect is detected, the customer must promptly notify Western Rooter for repairs.
  • Failure to notify Western Rooter and allow repair may result in no legal remedy.

Warranty Periods for Drain cleaning and hydro jetting:

  • 2-inch drain cabling: 30-day warranty
  • 2-inch drain hydro jetting: 60-day warranty
  • 3-4 inch drain cabling: 60-day warranty
  • 3-4 inch drain hydro jetting: 90-day warranty
  • We do not warranty wipes, feminine products, or any foreign objects, if found customer is subjected to pay
  • If line is broken we will notify customer with estimate for repair
  • We offer a 1 time back to make sure everything is flowing.

Warranty for Pipe Lining:

  • Scope of Warranty: This warranty covers any defects in materials or workmanship in the pipe lining provided by the Contractor.
  • Warranty Period: The warranty period is 10 years from the date of completion of the pipe lining work, unless otherwise specified in the contract.
  • Remedies: If a defect is discovered during the warranty period, the Contractor will, at its own expense, either repair the defect or replace the defective pipe lining.
  • Exclusions: This warranty does not cover any damage or defects caused by misuse, abuse, accidents, alterations, lack of maintenance, acts of nature, or any other causes beyond the control of the Contractor. It also does not cover any work not performed by the Contractor.
  • If homeowner calls another company for a back up after the liner was installed this terminates the warranty. Homeowner should allow contractor to determine why the back up happened and to fix it. If homeowner called another company to clear the line this voids the warranty. All lines that have pipe liners in need to be hydro jetted only NOT cabled to due to manufacture specs.
  • Not responsible for earth moving, pipe shifting, or any mother nature / acts of God. If there is an earthquake it is homeowners responsibility to call and set up a camera to insure that pipe liner is not damaged.
  • Claims: Any claims under this warranty must be made in writing and delivered to the Contractor within 30 days of discovery of the defect.
  • Limitation of Liability: The Contractor’s liability under this warranty is limited to the cost of repairing or replacing the defective pipe lining. The Contractor is not liable for any incidental or consequential damages.
  • Governing Law: This warranty is governed by the laws of the state in which the work was performed.

Deposit/Down Payment Guidelines:

  • Legal Considerations: Contractors are prohibited from collecting payment for work that has not yet been completed or for materials that have not been delivered.
    However, contractors are allowed to request a down payment.
  • Down Payment Limits: The down payment cannot exceed $1000.00 or 10% of the total contract amount, whichever is lower.
  • Progress Payments: Progress payments should be clearly outlined and describe each phase of work.
  • The payment schedule should specify the amount due for each phase.

Liability Release: This Release of Liability is between Western Rooter and You.

  • Scope: Western Rooter Company may move furniture, appliances, and personal belongings at the property address listed above.
  • Responsibility: We are not responsible for any damages caused to floors, walls, or property during the moving process.
  • Release: By signing the invoice / estimate, you release Western Rooter from liability for damages related to the aforementioned activities.
  • Indemnification and Insurance: Client agrees to cover claims or expenses related to property damage during plumbing services. Client should maintain their own insurance coverage for such incidents.
    By signing the estimate before work starts, you confirm acceptance of this liability release.

Mold Release:

  • Representation and Warranty:
    • Contractor Western Rooter provides no representation or warranty, whether express, implied, or otherwise, regarding:
      • Mold
      • Fungi
      • Rust
      • Corrosion
      • Other bacteria or organisms
  • Contractor’s Duty and Liability:
    • Contractor shall have no duty, responsibility, or liability (all of which are expressly waived by you) for:
      • Losses
      • Fines
      • Penalties
      • Testing analysis
      • Monitoring
      • Cleaning
      • Removal
      • Disposal
      • Abatement
      • Decontamination
      • Remediation
      • Repair
      • Replacement
      • Relocation
      • Loss of use of building or building equipment and systems
      • Personal injury
      • Sickness or disease associated with mold, fungi, rust, corrosion, or other bacteria or organisms.
  • Waiver of Implied Warranties:
    • Any implied warranty of workmanlike construction, implied warranty of habitability, or implied warranty of fitness for a particular use is hereby waived and disclaimed.
  • Homeowner/Property Manager Responsibility:
    • The homeowner or property manager should promptly make Contractor “Western Rooter” aware of any issues related to asbestos in the structure.

Warranty Clause:

  • Warranty Period: The Manufacturer warrants that the SDR-17 HDPE sewer pipe (“Product”) will be free from defects in material and workmanship under normal use and service for a period of twenty-five (25) years from the date of original purchase (“Warranty Period”).
  • Remedies: If a defect arises and a valid claim is received within the Warranty Period, at its option and to the extent permitted by law, the Manufacturer will either repair the Product at no charge, using new or refurbished replacement parts, replace the Product with a new or refurbished Product, or refund the purchase price of the Product.
  • Exclusions and Limitations: This warranty does not apply to damage caused by accident, abuse, misuse, flood, fire, earthquake, or other external causes; damage caused by the use of the Product outside the permitted or intended uses described by the Manufacturer; damage caused by service performed by anyone who is not a representative of the Manufacturer; a Product or part that has been modified without the written permission of the Manufacturer.
  • Claims Process: To obtain warranty service, the original purchaser must contact the Manufacturer’s Customer Service for problem determination and service procedures. Proof of purchase will be required.
    Please note that these terms and conditions are just a sample and may need to be adjusted based on local laws and the specific details of your agreement. This is not legal advice.
  • Limitations of Liability: Western Rooter is not liable for damage resulting from existing improper, worn, rusted, or defective plumbing, pipe fixtures, walls, flooring, or roofing.
    Western Rooter is not liable for accidental or consequential damages resulting from materials supplied or services rendered.
  • Resolution of Disputes: Customer agrees that all disputes under this agreement shall be litigated in courts chosen by Western Rooter. Customer further agrees that the Law of the State shall apply to all disputes between the parties hereto.
  • Attorney’s Fees: It is hereby agreed between the parties hereto that the prevailing party in any action instituted, relating, or referring to this agreement, shall have additional right to recover his/her attorney’s fees costs in addition to the cost of the action itself.
  • Entire Contract: This agreement replaces and supersedes all previous agreements, written or oral, with respect to the work to be performed by Western Rooter. Should anyone or more of the contract provisions be determined illegal and/or unenforceable, all remaining provisions shall nevertheless remain effective.
  • Amendments: Amendments to this agreement may only be made in writing and signed by Change Order.
  • Force Majeure: Western Rooter shall not be liable under the provisions of the agreement for damages on account of strikes, lockouts, accidents, fires, earthquakes, ground settling, delays in manufacturing, delays of carriers, acts of God, governmental actions, state of war, or any other cause beyond the control of the manufacturer whether or not similar to those enumerated.

Mechanic’s Lien Warning:

  • Understanding Mechanics Liens: Anyone who contributes to improving your property but remains unpaid may record a mechanics lien against your property. A mechanics lien is akin to a mortgage or home equity loan, secured against your property and officially recorded with the county recorder.
  • Even After Full Payment to Contractor: Even if you pay your contractor in full, unpaid subcontractors, suppliers, and laborers who contributed to property improvements can still record a mechanics lien. They have the right to sue you in court to foreclose the lien.
  • Preserving Lien Rights: If a court validates the lien, the right to record it is preserved. Each subcontractor and material supplier must provide you with a document called a 20 Day Preliminary Notice. Note that this notice is not a lien itself; it serves to inform you that the sender has the right to record a lien on your property if payment is not received.

Protecting Yourself from Liens:

  • To safeguard against liens: Obtain a comprehensive list of all subcontractors, laborers, and suppliers involved in your project. Ensure that every individual has been paid in full after the completion of each project phase. Document these payments in writing.
  • Remember: Taking proactive steps is crucial; otherwise, you risk having a lien placed on your property.

Late Payment Terms & Conditions:

  • Payment Due Date: All invoices issued by the Contractor are due and payable within 30 days of the invoice date, unless otherwise agreed upon in writing.
  • Late Payment Fee: If the Client fails to make any payment due under this Agreement by the due date, then, without limiting the Contractor’s remedies under this Agreement, the Client shall pay a late fee on the overdue amount at a rate of 3% per month, or the maximum rate permitted by law, whichever is lower. The late fee shall be calculated daily and compounded monthly from the due date until the date of actual payment of the overdue amount.
  • Right to Stop Work: The Contractor reserves the right to stop work if payments are not received by the due date. Work will resume once full payment is received.
  • Collection Costs: If the Contractor needs to engage a collection agency or attorney to collect overdue amounts, all collection costs, including attorney’s fees, will be payable by the Client.