Terms and Conditions
If you (CUSTOMER) contract Keith McDonald Plumbing for any service, the following terms and conditions will apply.
Invoice payment is due upon completion of work or work phase (whichever is applicable). Any payment not received within 10 days from completion of work or work phase is subject to interest fees of 2.5% until paid in full. These fees are non-negotiable to customers that do not have a written agreement with Keith McDonald Plumbing. Accounts aging over 60 days past due will be turned over to collections in according to our collections policy stated below. If Customer’s check does not clear bank, Customer will be liable for the full-face value of the check, bank fees incurred by Keith McDonald Plumbing and court costs if applicable. Keith McDonald Plumbing owns all materials, parts or fixtures installed until payment has been made in full. Keith McDonald Plumbing reserves the right to remove those materials, parts, or fixtures if payment is not received within 60 days of work completion or work phase completion.
Customer agrees that they shall pay all expenses incurred by Keith McDonald Plumbing for the collection of any delinquent accounts including, but not limited to; all attorney’s fees, filing fees and costs. All disputes arising out of this sale shall be interpreted under the laws of the state in which the work was performed. Customer agrees to pay collection fees, reasonable attorney’s fees, and court costs in the event of legal action. A monthly service charge of 2.5% will be added after 10 days.
WARRANTIES AND LIMITATIONS ON WARRANTIES
Standard warranty is 1 year on labor and parts supplied by Keith McDonald Plumbing. Warranties are not provided on any work that has not been paid in full. Keith McDonald Plumbing warrants that all work performed and parts and equipment which were installed during the service were completed in a workmanlike manner and that said work shall be free from defects in materials and workmanship for a period 365 days from date said work was performed. Keith McDonald Plumbing upholds manufacturer’s warranties on that provided by Keith McDonald for up to 365 days. Keith McDonald Plumbing will assist the customer with manufacturers warranty after 365 days with a labor only cost to the customer. Keith McDonald Plumbing’s obligation for defective products and/or workmanship or any damage caused thereby, and Customer’s exclusive remedy, shall be limited, at Keith McDonald Plumbing’s option, to the replacement of any defective parts or workmanship or the refund of amounts paid by Customer for said service and shall be conditions upon Keith McDonald Plumbing receiving actual written noticed of said defect within the 365-day period noted herein. Items disclosed on invoice & declined by Customer or Customer supplied equipment may be excluded from warranty. These exclusions may have limited or no warranty if parts have been replaced by Keith McDonald Plumbing and not worked on by anyone else during warranty period or use of items that damage parts supplied by us. Keith McDonald Plumbing does not reimburse customers for work performed by a different contractor without being given the opportunity to review and repair any defect found. Warranty period may be different if noted herein. (Warranty excludes any customer supplied items). All warranty issues must be allowed to be inspected and approved by Keith McDonald Plumbing before any repair is made or warranty is considered voided. Warranty is not transferable from one Customer to another. Not liable for damage caused by weather, normal maintenance items not reviewed by whomever, or manufacturer defects.
THE FOREGOING WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER EXPRESSED OR IMPLIED WARRANTIES (EXCEPT OF TITLE) FROM KEITH MCDONALD PLUMBING INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BENJAMIN FRANKLIN PLUMBING SHALL NOT BE SUBJECT TO AND DISCLAIMS (1) ANY OTHER OBLIGATION OR LIABILITIES ARISING OUT OF BREACH OF CONTRACT OR OF WARRANTY; (2) ANY OBLIGATIONS WHATSOEVER ARISING FROM TORT CLAIMS INCLUDING NEGLIGENCE AND STRICT LIABILITY OR ARISING UNDER THEORIES OF LAW WITH RESPECT TO PRODUCTS SOLD OR SERVICES RENDERED BY KEITH MCDONALD PLUMBING OR ANY UNDERTAKING, ACTS OR OMISSIONS RELATED THERETO; AND (3) ALL CONSEQUENTIAL, INCIDENTAL AND CONTIGENT DAMAGES WHATSOEVER.
RESTRICTION OF THE PERIOD LIMITATION OF ACTION
Any legal action relating to this Agreement or breach thereof shall be commenced within one (1) year from the date of the work. Consumer shall be deemed to have accepted all delivered goods which he has not rejected within three (3) years of receipt.
Any alterations, additions, adjustments or repairs made by others, unless authorized or agreed upon by Keith McDonald Plumbing, will be cause to terminate Keith McDonald Plumbing’s obligation under the contract. Keith McDonald Plumbing will not accept statements by other companies of faulty work unless reviewed by Keith McDonald Plumbing directly before alterations are made.
EXCLUSION OF COURSE OF DEALING
It is agreed that no prior course of dealing or usage of trade not expressly set forth in this contract shall be admissible to explain, modify, or contradict this contract in any way.
All warranty work will be performed during normal business hours within the schedule already set at the time of customers contact with the office unless deemed catastrophic by Keith McDonald Plumbing. Any Customer requiring warranty work not performed during regular business hours will be charged a service charge.
UNDERGROUND EXCAVATION AGREEMENT
When digging on your property, we take all necessary precautions to ensure that we are not disturbing PUBLIC utilities such as electrical, gas, internet, telecommunications, power, water, sewer, etc. This is done through a locate request with Georgia 811. Additionally, we take all reasonable precautions to not disturb other services such as private electrical lines, irrigation lines, etc. Unfortunately, there are times when these may be disturbed or damaged in ways beyond our control. In these instances, Keith McDonald Plumbing is not responsible for these repairs or the cost of these repairs by us, the homeowner, or by another company contracted to make said repairs.
If you have irrigation or other accessory utilities, please mark their locations using spray paint or flags. We are not responsible for any public or private lines that are not marked ahead of work starting.
Dirt that is excavated is backfilled into the excavated area. If there is a shortage of backfill materials, the customer is responsible for providing dirt or for paying Keith McDonald to bring in additional dirt. This will incur additional labor and/or material charges. This applies to dirt washed away by rain or drainage during the course of the job.
Keith McDonald Plumbing is not responsible for backfilled materials that settle or have eroded due to rain or drainage. A fee will be charged for returning to add dirt to the area if needed.
If fencing, landscaping, or other objects are required to be moved to access the work area, customers should contact a contractor who specializes in that removal and re-installation. Keith McDonald Plumbing cannot guarantee customer satisfaction for the removal or replacement of non-plumbing objects that are moved by Keith McDonald Plumbing. Keith McDonald Plumbing may remove small areas of concrete to access the work area. Unless clearly stated in the estimate provided, the replacement of objects or concrete removed will not include replacement.
Concrete deteriorates through many forms such as scaling, disintegration, erosion, corrosion of reinforcement, delamination, spalling, alkali-aggregate reaction, and cracking. Keith McDonald Plumbing takes all reasonable precautions during the process, but in the event that an older concrete tank or lid is damaged during the work being done, Keith McDonald Plumbing is not responsible for repairs.
Our equipment is designed for construction type work and may damage grass, concrete and other surfaces in the process of completing the job. Tracks, ruts, uneven finishes may occur during the process of the job. Keith McDonald Plumbing does not possess the tools or training to provide landscape finishing and is not responsible for making any repairs to these types of outcomes.
Unforeseen difficulty clause
Estimates are based on what is visible before the job is started. If rock, concrete, etc are found underneath the surface that require more time and/or disposal to remove, additional charges may apply. If underground utilities, public or private, are found to be on top of the area that needs repair, the customer is responsible for having those utilities moved for access. If a customer gives technician permission to move or remove said utility and utility is damaged, Keith McDonald plumbing is not responsible for damages or repairs. Keith McDonald Plumbing is not responsible for any unseen objects on or under the ground that are damaged due to the weight of the equipment in the work area or path to the work area. Please mark sprinkler heads, septic tanks, etc.
Regarding concealed plumbing, technicians may find obstacles not previously known before walls or other surfaces are removed to expose work area. Technician assumes at time of estimation that concealed plumbing is per code requirements. If problems to the existing plumbing are revealed or must be adapted to meet the needs of the new plumbing, Keith McDonald Plumbing will create a change order to make necessary changes. If customer chooses to leave existing plumbing as is, no warranty will be provided on any section not upgraded or any effects it may have on the new plumbing connected to.
INDIRECT ACCESS FOR REPAIRS, REPLACEMENTS, OR INSTALLS
International Plumbing Code Section 202 Defines ACCESS (TO) as That which enables a fixture, appliance, or equipment to be reached by access or by a means that first requires the removal or movement of a panel, door or similar obstruction. If repairs to plumbing are located within a non-accessible area, that which covers the area must be removed to create access. Keith McDonald Plumbing makes all reasonable steps to minimize area removed with minimal damage incurred. Keith McDonald Plumbing is not responsible for the repairs, replacement or cost required to close access once plumbing service is complete. Examples of creating access include but not limited to; cutting sheetrock to access shower valve, cutting access for washing machine and ice maker boxes, leaks within walls or ceilings.
RE-PIPE OF WATER SERVICE will include but not limited to the cutting of sheetrock to replace water lines for tub/showers, ice maker lines, washing machine lines. Water re-pipes for houses on slab foundations will require water be ran overhead and cutting larger areas of sheetrock to pull new plumbing. When running new water lines from the crawlspace, Keith McDonald Plumbing will come up through the flooring with new stops rather than through the walls unless otherwise requested by the customer with the understanding that large areas of sheetrock may have to be removed to properly secure plumbing within walls.
SEWER SERVICE ON EXISTING SEWER LINES
Keith McDonald Plumbing provides no warranty on services performed on existing sewer lines. Technicians follow standard procedure to clear sewer from blockage and to look for clues that may indicate larger issues than a typical blockage. Without performing a camera inspection with locate, technicians may not determine any definitive cause of blockage. Sewer lines that cannot be unstopped after reasonable effort will still incur standard labor and equipment charges for all work performed.
The definition of troubleshooting is a form of problem solving, often applied to repair failed products or processes on a machine or a system. It is a logical, systematic search for the source of a problem in order to solve it and make the product or process operational again. Customer should be aware that not all materials, products and/or fixtures are created the same and that different components can result in the same type of failure. Customer is aware that troubleshooting may result in multiple attempts to solve the problem and each attempt will incur labor and material costs where applicable and that any additional attempts are not considered warranty items. The Customer is always encouraged to weigh the cost of replacement against the cost of potential repair charges.