Terms Of Service

RESPONSIBILITIES AND REPRESENTATIONS OF CUSTOMER: Customer represents that all plumbing and related systems on the premises are in good repair and condition and agrees that ALLSTAR PLUMBING CORP. (“Company”) is not responsible for the discovery or repair of any existing defective conditions, including without limitation: 1. Leaky or defective traps; 2. Hidden or unknown lead piping; 3. Improper or faulty plumbing; 4. Rusted or defective pipes, fittings, cleanout caps or drain covers; 5. Corrosion or unusual restrictions due to minerals or hard water buildup; 6. Cleaning chemicals such as lye, sulfuric acid, etc.; 7. Lines which are settled, broken, deteriorated, or damaged; 8. Existing illegal conditions. Customer understands that pre-existing defective conditions in the premises may break or deteriorate significantly during the course of Company’s work, and Customer agrees that Company is not responsible for any such damage to, or for repairing, such defective conditions because Customer is solely responsible for pre-existing defective conditions.

Customer is required to obtain any necessary permission for access through other properties for Company use during work. Customer shall secure work site and prevent entry thereon by children, animals or any person or property not otherwise authorized.  Customer is solely responsible for the safety of any children or pets on the premises during the work. Customer is required at Customer’s expense to do all work and other acts to meet all conditions necessary to allow Company to complete the work as provided on the face hereof.  Customer agrees to remove or to protect any personal property, inside and out, including carpets and rugs, and Company shall not be responsible for loss or damage to said items. 

RESPONSIBILITIES OF COMPANY – CONDITIONS AND LIMITATIONS – Company shall do all work in a good and workmanlike manner; however, this responsibility shall not expand Company’s obligations under the limited warranty.  Company is not responsible for any existing illegal conditions.  If, in the opinion of Company, existing materials are so rusted, broken, or otherwise defective as to require their replacement after removal, Company shall notify Customer. If Customer authorizes replacement thereof, it shall be made at an additional charge. If Customer refuses to authorize replacement, Company shall not be responsible for damages thereafter resulting from continued use of such materials.  Company shall remove all surplus or excess materials remaining upon the completion of work.

LIMITED WARRANTY – Company warrants its work to be free from defects in material and workmanship for the warranty period, if any, set forth on the face hereof. Company does not warrant any materials that Company has purchased or will purchase as part of the work covered hereby, which materials are subject to manufacturer’s warranties. All warranties are void if payment is not made when due.  Warranties hereunder extend only to Customer and are not transferable.  If a defect in materials or workmanship covered by this warranty occurs, Company will, with reasonable promptness during normal working hours, remedy the defect. In no event shall Company be held liable for water or other damage caused by any delay in remedying a defect.  To make a warranty claim, Customer must notify Company of any defect or claim for breach at the address and telephone number on the face hereof.

EXCLUSIONS AND LIMITATIONS: CUSTOMER’S RIGHT TO REPAIR AND REPLACEMENT ARE THE EXCLUSIVE REMEDIES AND COMPANY SHALL NOT BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE MATERIALS PROVIDED FOR HEREIN.

Company is not responsible for the following, which are excluded from the coverage of this limited warranty: 1. Commercial or industrial waste lines unless so indicated on the face hereof; 2. Defective conditions listed under the above “Responsibilities and Representations of Customer”; 3. Work performed by or materials installed by others who are not parties hereto; 4. Defects and failures from mistreatment or neglect; 5. Defects and failures from intervening causes . Company is not responsible for the natural consequences of Company’s work which may require or cause damage to the premises including, but not limited to, preexisting adjacent plumbing materials, interior or exterior walls and other structures or other real property, unless Company has entered into a contract to repair or replace any such items.  Company is not responsible for damage to personal property, real property, or any improvements to real property, caused by persons delivering materials or equipment.

THIS LIMITED WARRANTY IS COMPANY’S ONLY EXPRESS WARRANTY HEREUNDER.  IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED TO A DURATION OF 60 DAYS FROM THE DATE OF COMPLETION.

ARBITRATION OF DISPUTES—If, at any time, any controversy shall arise between the parties as to any matters arising out of or relating hereto, the formation or validity of it, its performance or any breach of it, which the parties do not promptly adjust and determine, said controversy shall be decided by arbitration administered under the Construction Industry Rules of the American Arbitration Association then obtaining unless waived. This agreement to arbitrate shall be specifically enforceable under prevailing arbitration law. The arbitrator’s award shall be final and judgment may be entered upon it in any court having jurisdiction thereof.

 ATTORNEYS’ FEES – If either party initiates arbitration or an action at law or in equity, including an action for declaratory relief, to enforce or interpret any provision hereof, then the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which the prevailing party may be entitled.

ENTIRE AGREEMENT – This agreement, including any attachments and change-orders, constitutes the entire agreement between the parties and supersedes any and all prior agreements, representations, and promises of any kind, whether expressed orally or in writing.

CONTRACTORS ARE REQUIRED BY LAW TO BE LICENSED AND REGULATED BY THE CONTRACTORS’ STATE LICENSE BOARD, WHICH HAS JURISDICTION TO INVESTIGATE COMPLAINTS AGAINST CONTRACTORS IF A COMPLAINT REGARDING A PATENT ACT OR OMISSION IS FILED WITHIN FOUR YEARS OF THE DATE OF THE ALLEGED VIOLATION. A COMPLAINT REGARDING A LATENT ACT OR OMISSION PERTAINING TO STRUCTURAL DEFECTS MUST BE FILED WITHIN 10 YEARS OF THE DATE OF THE ALLEGED VIOLATION. ANY QUESTIONS CONCERNING A CONTRACTOR MAY BE REFERRED TO THE REGISTRAR, CONTRACTORS’ STATE LICENSE BOARD, P.O. BOX 26000, SACRAMENTO, CALIFORNIA 95826

Information about the Contractors State License Board (CSLB): CSLB is the state consumer protection agency that licenses and regulates construction contractors. Contact CSLB for information about the licensed contractor you are considering, including information about disclosable complaints, disciplinary actions and civil judgments that are reported to CSLB. 330 SECTION VI. LICENSE LAW, RULES, REGULATIONS, AND RELATED LAWS Use only licensed contractors. If you file a complaint against a licensed contractor within the legal deadline (usually four years), CSLB has authority to investigate the complaint. If you use an unlicensed contractor, CSLB may not be able to help you resolve your complaint. Your only remedy may be in civil court, and you may be liable for damages arising out of any injuries to the unlicensed contractor or the unlicensed contractor’s employees. For more information: Visit CSLB’s internet website at www.cslb.ca.gov Call CSLB at 800-321-CSLB (2752) Write CSLB at P.O. Box 26000, Sacramento, CA 95826.

YOUR RIGHTS TO CANCEL BEFORE WORK BEGINS

(A) You, the buyer, have the right to cancel this contract until: 1. You receive a copy of this contract signed and dated by you and the contractor; and 2. The contractor starts work. (B) However, even if the work has begun you, the buyer, may still cancel the contract for any of the reasons specified in items 1 through 4 of this paragraph. If any of these reasons occur, you may cancel the contract within three business days of signing the contract for normal service and repairs, or within seven business days of signing a contract to repair or correct conditions resulting from any sudden or catastrophic event for which a state of emergency has been declared by the President of the United States or the Governor, or for which a local emergency has been declared by the executive officer or governing body of any city, county, or city and county: 1. You may cancel the contract if the price, including all labor and materials, is more than seven hundred fifty dollars ($750). 2. You may cancel the contract if you did not initiate the contact with the contractor to request the work. 3. You may cancel the contract if the contractor sold you goods or services beyond those reasonably necessary to take care of the particular problem that caused you to contact the contractor. 4. You may cancel the contract if the payment was due or the contractor accepted any money before the work was complete. (C) If any of these reasons for canceling occurred, you may cancel the contract as specified under paragraph (B) above by e-mailing, mailing, faxing, or delivering a written notice to the contractor at the contractor’s place of business within three business days or, if applicable, seven business days of the date you received a signed and dated copy of this contract. Include your name, your address, and the date you received a signed copy of the contract and this notice. If you cancel, the contractor must return to you anything you paid within 10 days of receiving the notice of cancellation. For your part, you must make available to the contractor at your residence, in substantially as good condition as you received it, any goods delivered to you under this contract. Or, you may, if you wish, comply with the contractor’s instructions on how to return the goods at the contractor’s expense and risk. If you make the goods available to the contractor and the contractor does not pick them up within 20 days of the date of your notice of cancellation, you may keep them without any further obligation. If you fail to make the goods available to the contractor, or if you agree to return the goods to the contractor and fail to do so, then you remain liable for performance of all obligations under the contract.