Drain Cleaning Services Terms & Conditions
The work to be performed hereunder on behalf of Burkhardt Heating and Air Conditioning, Inc. limited to those specific items set forth on the reverse side hereof;
Burkhardt Heating and Air Conditioning, Inc. shall not be responsible for damage to the premises caused by the removal of a cleanup, drain cover, or cap during the process of performing. If a clean-out, drain cover, or cap is rusted or fastened in such a way as to necessitate its replacement after remover, Burkhardt Heating and Air Conditioning, Inc. shall so notify Customer and if Customer authorizes its replacement, such replacement shape be made at an additional charge for the replacement cost of the clean-out, drain cover, or cap, and the labor charges for installation. IF Customer refuses to authorize such replacement, Burkhardt Heating and Air Conditioning, Inc shall not be responsible for any damage resulting therefrom including without limitation, damage from sewer gas, backups and leakage.
Burkhardt Heating and Air Conditioning, Inc shall not be responsible for any damage due to leaky or defective traps, hidden or unknown lead piping, improper or faulty plumbing, rusted or defective pipes, corrosion or mineral or hard water buildup, harmful cleaning chemicals such as sulfuric or caustic acids, or drainage tiles, lines, piping, plumbing, or other matter which are settled, broken, deteriorated or damaged. If during the performance of work hereunder, fixtures are damaged or broken or defective or corroded drainage tiles, lines, piping, plumbing or other matters are broken if Burkhardt Heating and Air Conditioning, Inc equipment becomes lodged in any such defective tiles, lines, piping, plumbing or other matters and cannot be practically removed without excavation, Burkhardt Heating and Air Conditioning, Inc shall not be liable for the removal of such equipment or for the replacement of any fixtures, tiles, lines, piping, plumbing or other matters which may be damaged.
This agreement covers only work listed on the reverse side hereof. Grass replacement, landscaping damage, wall patching, painting, tile or concrete replacement, damage to utilities, or any other tips of damage which may be done in connection with the work performed hereunder is the responsibility of Customer and Burkhardt Heating and Air Conditioning, Inc shall have no liability thereof unless specifically stated on the reverse side hereof
As it is only warranty with respect to the work performed hereunder, Burkhardt Heating and Air Conditioning, Inc agrees to provide its labor free of charge one time to correct any subsequent backup drainage failure that occurs within a sewer line successfully cleaned by Burkhardt Heating and Air Conditioning, Inc, provided however, that such failure resulted solely from normal use and not as a result of structural defects or deterioration in the sewer line or as a result of foreign objects being dumped through the drainage system. Such warranty shall only cover labor provided by Burkhardt Heating and Air Conditioning, Inc and not the cost of any equipment or plumbing materials necessary to correct such situation. Own the event that Burkhardt Heating and Air Conditioning, Inc determines that the failure resulted from something other than normal usage, Customer shall pay for the work performed at Burkhardt Heating and Air Conditioning, normal hourly rates. In the event of such failure and upon notice from Customer, Burkhardt Heating and Air Conditioning, Inc will, in the absence of events beyond its control, including but not limited to labor strikes, fires, casualty, government restrictions, or acts of God, furnish its service to rectify such failure in a reasonable time during normal working hours. IN no event shall Burkhardt Heating and Air Conditioning, Inc be responsible for any water or there damage with may result from such failure or Burkhardt Heating and Air Conditioning, Inc inability to correct the same. Burkhardt Heating and Air Conditioning, Inc may, as its sole option, in lieu of correcting such back drainage failure, refund to the Customer the amount paid by Customer for the work performed hereunder and shall thereafter have no further liability to Customer.
THE WARRANTY PROVIDED ABOVE BY Burkhardt Heating and Air Conditioning, Inc IS THE ONLY WARRANTY MADE HEREUNDER, NO OTHER WARRANTY IS EXPRESSED OR IMPLIED.
Customer acknowledges that Burkhardt Heating and Air Conditioning, Inc is not the manufacturer or supplier of plumbing materials used in connection with the work performed hereunder and further acknowledges that Burkhardt Heating and Air Conditioning, Inc has made no representation, either expressed or implied, as to the fitness, quality, design, condition, capacity, ability, durability or performance of such materials and of the workmanship thereof. Customer agrees that they shall look solely to the manufacturer of such plumbing materials for any loss Customer may sustain as a result of a defect in any such materials.
Burkhardt Heating and Air Conditioning, Inc shall not be liable for any direct, indirect, special, incidental or consequential damages whether based on contract, tort or other legal theory, arising out of the work hereunder. Burkhardt Heating and Air Conditioning, Inc’s liability hereunder shall be limited to the amount of the contract price set forth on the reverse side for the work performed hereunder.
There will be a $20.00 charge per check for any check returned to Burkhardt Heating and Air Conditioning, Inc in the event Customer fails to make payment according to the terms and conditions appearing on the reverse side hereof, a Burkhardt Heating and Air Conditioning, Inc may charge interest on the unpaid balance at the lesser of 1 1/2% per month, the highest legal permissible rate of interest allowed by the state where the premises are located. In the event, at the sole judgment of Burkhardt Heating and Air Conditioning, Inc it becomes necessary to consult an attorney and institute legal action to collect said unpaid balance incurred interest thereon and reasonable attorney’s fees and costs incurred in such legal action.
This agreement, together with the provisions and conditions on the reverse side hereof, comprise the entire agreement and understanding of the parties and there are no promises, terms, conditions or obligations, oral or written, with regard to the submit matter hereof, other than those specifically contained herein.
