TERMS AND CONDITIONS
Morningstar Environmental, LLC dba Adams Plumbing and Heating
DEFINITIONS: “You” includes each owner of the property. “We” or “us” refers to MORNINGSTAR ENVIRONMENTAL, LLC. - a Colorado corporation doing business as “Adams Plumbing and Heating’
BID: A bid is an offer to perform services and provide materials as defined in the scope of work for a specified price or based on a formula such as a time and materials basis. If the price is not specified as a particular fixed amount, then the price will be computed on a time and materials basis (as described below). Extra work which you may request, or which may be required by public authorities, will be invoiced in accordance with written change orders or, if no change order is prepared, then on a time and materials basis.
ESTIMATE: An estimate provides our estimation of the cost of a project. It is not a fixed price. Estimates are given when the nature or scope of work may be uncertain, due to concealed conditions, difficulty in assessing problems to be encountered or resolved, or difficulty in determining the means or methods of best accomplishing the work. If we commence work based upon an estimate and the scope of the project or the value of the time and materials as set forth below substantially exceed the estimate, then you shall pay the higher price as computed on a time and materials basis. If it appears that the price of the project is likely to substantially exceed the amount of the estimate, we will make reasonable efforts to notify you when commercially practical to do so. We may propose a change order, a revised estimate, or a bid. Regardless of whether our contract is based upon a bid or an estimate, if you request that we cease work at any time, you shall nonetheless remain obligated to pay for all labor and materials supplied by us. If you request that we cease work then the price will be fixed as an amount as specified in the contract, or an amount based upon a time and materials basis, whichever is higher.
CONTRACT: No agreement, whether it is designated as a bid, an estimate, a proposal, or otherwise, shall become a contract binding upon us until it is both signed by you and accepted in writing by an owner of Adams Plumbing and Heating.
CHANGE ORDERS OR EXTRA WORK: We are obligated only to perform the specified scope of work. You may request changes or modifications in the scope of the work. These requests may be agreed upon in writing. If agreed upon in writing, the terms of the written change order shall be binding on the parties. However, unless otherwise agreed in writing, all extra labor and materials shall be billed on a time and materials basis. These change orders must also be specifically approved by an owner of Adams Plumbing and Heating. No other employee of Adams Plumbing and Heating has such authority. EXTRA WORK REQUIRED BY A PUBLIC AUTHORITY. In the event the applicable public authority or other government agency subsequently requires modifications or additional labor or materials which were not included in the applicable bid or estimate, then the contract price shall be adjusted and shall be billed on a time and materials basis. We are not responsible for any special inspections, analysis or reports which are not ordinarily provided by a building inspector.
CONTRACT PRICE: If the parties have agreed upon a fixed price reflected in a bid signed by both parties, then the price for labor and materials shall be as reflected in that written agreement. Time and Material charges will not be broken out in contract pricing.
PAYMENT: Unless a different agreement has been reached, a down payment of fifty percent of the total price of the contracts shall be paid promptly after signing the written agreement. We are not obligated to commence work until the agreement is fully signed and the down payment is made and we may cease work immediately if any down payment or progress payment is not made as agreed. Payment is not made until funds clear the bank. Progress payments may be required by separate agreement. In the absence of a specific agreement, we may require that seventy-five percent of the contract price to be paid when in our reasonable estimation the work and materials supplied equal seventy-five percent of the project. Any unpaid balance shall be due upon completion.
INSURANCE CLAIMS: Adams Plumbing and Heating does not do third party billing. If the balance is expected to be paid by insurance proceeds on an acknowledged claim, we still require a balance paid in full on completion of the project. If the balance due is not paid by insurance proceeds within that time, then the account will be deemed to be in default, retroactive to the date of completion. In the event insurance proceeds are expected to cover any part of the contract price, you shall do all things reasonably necessary to ensure that we receive the insurance proceeds as intended by the contract, including but not limited to directing those checks be made payable to us, or immediately endorsing and delivering to us insurance checks for proceeds related to our scope of work. If you receive insurance proceeds intended to pay any part of the contract price, then you shall hold them in trust for our benefit. Failure to properly disburse insurance proceeds to us may cause you to be liable for actual or treble damages and attorney fees under the insurance fraud and contractor trust fund laws of the State of Colorado as applicable to owners. You hereby authorize us to communicate with your insurance carrier and meet with their representatives and discuss all matters related to the insurance coverage and the scope of services, and you authorize your insurance company to release to us all information and documents concerning your property, policy, and insurance claim.
SCHEDULING: You are responsible for keeping a mutually-agreed upon schedule for the work. If you fail to meet that schedule, by failure to be present at the site, or by failing to do anything to be prepared for the work to commence (including failure to timely make a payment), then you will pay for the reasonable expense of any of our employees’ nonproductive trip(s). We reserve the right to charge a cancelation fee up to $1,500.00 to cover administration and handling fees. The cancellation fees vary based on whether the client is an individual or a commercial entity, scope of project, and flexibility in which a new time slot can be made to accommodate work requested by the customer.
AVAILABILITY: While every effort is made to make the allotted scheduled appointment, Adams Plumbing and Heating cannot guarantee appointment times due to unforeseen circumstances. Our response is subject to availability at the time of booking and location of job and work needed to be carried out. Our emergency service (when requested and available) is subject to a premium charge from that of Adams Plumbing and Heating standard charges.
24-hour CANCELLATION POLICY: If you need to cancel (or rearrange) your booking, please notify us by telephone or email at email@example.com by the end of the working day before the scheduled booking. Cancellations made further in advance should also be made by telephone. If you cancel your appointment in less than 24 hour prior to work being carried out, or materials being supplied, you will be liable for the cost of any time and materials incurred by us, together with the profit that would have been made by us, in accordance with the original instructions.
SPECIAL ORDER MATERIALS AND PARTS: In case you authorize us to order any special parts or materials for your project and later change your mind for any reason, you will be charged the full price of the product, as indicated on your original invoice and/or estimate.
RESTOCKING FEES: If you order materials which must be restocked or reordered due to your cancellation, the supplier may charge us a restocking fee. If that happens, you will pay the restocking fee and a reasonable service charge to us equal to the restocking fee, or $100.00, whichever is greater.
WARRANTIES: We warrant that all materials provided by us shall be as specified and free of defects, and all work shall be completed in a substantially workmanlike manner. THIS WARRANTY EXPIRES ONE YEAR AFTER COMPLETION (DEPENDING ON SCOPE AND TRADE OF WORK), AND IS IN PLACE OF, AND NOT IN ADDITION TO, ANY OTHER EXPRESS OR IMPLIED WARRANTIES OF QUALITY, OR FITNESS FOR HABITATION OR ANY PARTICULAR PURPOSE, AND SUCH IMPLIED WARRANTIES ARE HEREBY DISCLAIMED. This warranty shall be void if you (1) fail to pay the full contract price; or (2) fail to provide prompt notice of a warranty claim (within thirty days, or in case of an emergency then as soon as possible) and a reasonable opportunity to correct the problem; or (3) you permit any person or firm other than us to complete, correct, perform or redo any work identified within the original scope of the work of this contract with us. The manufacturer’s warranty applies to all machines, e.g. water heater, furnace, boiler, etc. No warranty is given as to the results of drain cleaning or the quality or suitability of parts or plans or specifications which we have not supplied. EXCLUSIONS: The following items are excluded from the 12 month guarantee. We do not warranty clogged drains: we cannot accept responsibility for what consumers put down their drains. We do not warranty frozen pipes: nor can we guarantee that a pipe we unfroze will not refreeze due to original home piping issues. We do not warranty airlocks in boiler radiator systems: these systems can produce additional air in the system even after we have bled the radiators. We do not warranty parts or equipment that we do not supply. If such parts/machines fail, it limits our labor warranty as we do not include return visits to replace or remove faulty parts/equipment. We recommend the homeowner read the manufacturer's warranty before purchasing parts and materials to avoid potential issues after installation.
CORRECTION OR COMPLETION OF WORK: We shall have the irrevocable right to perform all corrective work identified by you unless we decline to do so following receipt from you of a specific list of corrective work and a reasonable period of time within which to perform the work. You shall not contract with any alternative contractor for the performance or completion of work within the scope of this agreement, nor shall you occupy or use our work until and unless we shall have been provided the notice and opportunity stated above. If you do contract with an alternative contractor to perform the work or otherwise correct or complete the project, without first affording us the above-described opportunity to do so, or if you commence to use or occupy the space in which we performed the work, you then agree to accept all work and materials “as is” and thereby waive any and all claims, of whatever nature, against us for any defects in performance, including labor, material, and warranty claims of any kind.
RESPONSIBILITY FOR PREMISES: At the completion of the project, we will remove all tools, construction equipment, machinery and surplus materials belonging to Adams Plumbing and Heating. You warrant that: all site conditions are known and disclosed; any plans supplied by you are adequate for intended purposes; and the provided address and legal description are correct and adequate for all purposes, including mechanic's liens; you shall carry hazard insurance or bear the loss occasioned by hazard; and you shall not post any notice of non-liability. You shall determine and warrant to us the location of all property lines, underground restrictions or underground utilities, easements or rights of way, pipes, power lines, septic tanks, utility lines or drain fields, and shall indemnify us and hold us harmless from any loss or liability, including attorney fees and costs, resulting from any suits, claims, disputes, losses or problems related to the above. You shall assume complete responsibility for the protection of all landscaping, trees, shrubs, and bedding plants which you wish to preserve, as they may become damaged during the progress of construction. We are not responsible for any drywall, fixtures, structural, or other damage that may occur or be necessary in order to complete the scope of work or any other damage that may occur as a result of the original plumbing, sewer or HVAC system, or other problems related to the premises. We shall not be obligated to correct or repair pre-existing structural deficiencies or problems resulting from such conditions, or the work of others. Adams Plumbing and Heating is not responsible for the removal of any waste materials. The customer is responsible for the removal of any/all waste materials resulting from the works carried out by Adams Plumbing and Heating.
HOLD HARMLESS CLAUSE: Customer “holds harmless” Adams Plumbing and Heating for any damage to furnishings, stored items, vehicles, cabinetry, counters, walls, floors, ceilings, floor coverings, piping, wiring, or structural members which may become damaged in the course of performing work, or due to the failure of any manufactured item.
SCOPE OF WORK EXCLUSIONS: Except as indicated specifically in the contract or estimate we provided you, the following work is not included : any leveling of tubs, shower bases, or floors; repair of damage occurring from appliance moving/ relocating; any sheet metal work, pipe insulation, or ditch compaction; correction or repairs to sewer lines, or repairs necessitated by equipment getting stuck in the line, to include, but not limited to, cutting into drywall, concrete, or roof; gutter repairs; correction to landscaping or other property damaged in the normal course of work by digging or other operations.
DEFAULT AND REMEDIES: Payment is due as required by your contract and no later than the date of service or completion. In the event of a default in payment, we may in addition to ceasing work, recover the entire contract price which may then be due, together with any lost profit remaining in the contract. Interest shall accrue from the date of completion, upon any balance which remains unpaid, whether the balance is liquidated or un-liquidated. Interest shall accrue at the rate of 2% per month compounded monthly, or the legally maximum rate of interest, whichever is less. In addition, a $50.00 returned check fee may be assessed for any dishonored checks, in addition to any insufficient fund bank fees. Reasonable attorney fees and costs of collection shall be added to the balance due and shall be included in any award or judgment for non-payment. Cancellation of a separate finance agreement does not relieve the Customer of responsibility. In such a case, the total amount will be due immediately.
CONFIDENTIALITY: All aspects of any dispute including facts or opinions related to the dispute, and communications related to it, shall be strictly confidential. No party shall disparage the other or publish or circulate or disseminate, verbally or in writing, any negative information about the other, in any public media, social media, emails, news reporting, or other forums whatsoever. No other report shall be made to any person or company. Disclosure of confidential information may be made as reasonably necessary to (a) to attorneys, tax and financial advisors, or (b) to others if so required by lawful subpoena or court order and the adverse party is given ten (10) days’ advance notice of such disclosure and an opportunity to object to same. The effect of circulating disparaging information being difficult to estimate in advance, the parties reasonably estimate in advance that breach of confidentiality involving disparagement of our business will cause approximately $500.00 per violation, for which damages awards may be issued.
MECHANIC’S LIENS: Pursuant to Colorado Revised Statutes §38-22-101 et seq. and this agreement, we have a right to claim and enforce a lien on your property for any unpaid balance on your account, including interest and reasonable attorney fees and costs of collection.
SAFETY: You must exercise special care for the safety of yourself and others. The following are examples: you shall not allow anyone to go into or remain in any work area while any dangerous condition such as an open hole or exposed electrical components are present; or disregard safety barriers, rules or warnings, or allow any other person to do so. You waive, and release us from, any co-liability for injury or property loss caused by which you might avoid by exercise of reasonable care, and shall indemnify us and hold us harmless from any loss or liability, including attorney fees and costs, resulting from any suits, claims, disputes, losses or problems related to the above.
WEATHER AND OTHER RISKS: We shall not be held responsible for any problems caused by lightning, hurricane, tornado, hail, windstorm, and other unusual movement or settlement of a structure or ground, or for acts of God, pandemic, war, labor strikes, unavailability of materials, mold, or caused by fires, floods or other hazards (including personal injuries to third parties) typically covered by homeowner's or builder's risk insurance. We shall not be responsible for incidental, indirect or special or consequential damages, including but not limited to personal injury to any person as a result of our performance, nonperformance or termination of this contract, whatever the cause, nor for any reason in an amount in excess of the amount paid to us.
WORKMEN'S COMPENSATION INSURANCE: All employees of Adams Plumbing and Heating are fully covered by Workmen's Compensation Insurance.
ELECTRONIC COMMUNICATION: You agree to allow Adams Plumbing and Heating to use your email address for receiving advertisements and specials without penalty. Adams Plumbing and Heating agrees to keep all email and personal information private from others. Both parties agree that electronic communication including but not limited to e-mail, fax, online or text communication constitutes written communication and is acceptable for amending the agreement via writing as described in previous sections.
COMPLETE AGREEMENT: This contract constitutes our entire agreement, and there are no other promises, conditions, representations, warranties (including implied warranties of fitness or suitability) except as stated. This contract shall not be modified except in writing. For example, if you wish for us to perform additional work outside the scope of work, including any alteration or deviation from the contract specifications or in connection with any defects or problems discovered during the course of the job, and then we will require a written change order including a reasonable charge for the extra work.
LEGAL ADVICE: We have not given and will not give you legal advice of any kind, and we recommend you obtain the advice of an attorney concerning your legal rights. Engaging MORNINGSTAR ENVIRONMENTAL, LLC. dba Adams Plumbing and Heating for any service constitutes your acceptance of the terms set forth in this document
STANDARD RESIDENTIAL WARRANTIES:
Commercial Jobs / Certain Jobs / Conditions may alter warranties. Warranties apply only to materials furnished and installed by Adams Plumbing and Heating.
Warranty or Service Agreement work shall be performed during our normal working hours. If any such work is performed beyond normal business hours, customer is to pay the difference between regular and overtime rates.
Underground – One (1) years
Above Ground - One (1) year
Faucets & Fixtures - One (1) year Appliances - One (1) year *
Motors & Electrical Parts - Ninety (90) days
Faucet Repairs - None **
Flush Tank Parts - Ninety (90) days
Draining Cleaning - None **
* _ Manufacturers warranties may be longer on certain machines - appliances, disposals, water heaters, boilers, furnaces, air
**- Drain cleaning and faucet repairs are strictly performed on a time and material basis. If a stoppage reoccurs on the same line within thirty (30) days of service, the line will be re- snaked at “continuation” rates (no travel or snake charges). Adams Plumbing and Heating cannot be responsible for any broken lines on existing piping, or cables that may become lodged in piping.
Unless specified otherwise, the following are excluded:
EXCAVATION / LANDSCAPING
Excavation in solid rock or concrete
Excavation in soils with high ground water conditions or poor soils requiring mud pumps or additional shoring.
Excavation of water services with a depth greater than five (5) feet.
Excavation that uncovers fossils, archeological remains, police evidence, hazardous materials, chemicals, or nuclear wastes.
Adams Plumbing and Heating will not be responsible for any fines, costs to clean up and/or monitor any of the above conditions.
Permanent repairs to foundations, floors, sidewalks, curbs, or driveways. Adams Plumbing and Heating shall not be responsible for any existing or resulting cracks or damage. Any costs for repairs made by any local government (or any entity) to streets, sidewalks, gutters, curbs etc. will be the customer's responsibility. Any repairs or replacement of any underground piping or wiring not marked by the Colorado utility company or any other entity.
Replacement of grass, sod, mulch, bushes, trees, flowers or plants. Repairs or replacement of decorative borders or retaining walls. 100% compaction, finish grading, additional dirt.
When excavation may encroach on adjoining properties; Customer to secure necessary permission from owner of said property, to allow for access and spillage of dirt. The terms of this agreement shall apply to adjoining properties as well. In the case of double water meters/sewer taps, Adams Plumbing and Heating will not be responsible for adjacent piping.
Any repair or replacement of walls, floors, floor coverings, ceilings, carpentry work, drywall, spackling or painting.
Any subsequent damage caused by the failure of a manufactured item or the installation thereof.
Any repair or replacement or testing of any item termed “existing,” beyond the point of connection. This would include, but not be limited to: piping, wiring, duct work, HVAC equipment, radiators, etc.
Any work to bring piping, wiring, or structural items up to any local codes.
Any permits other than specified (i.e., building permits, town/community permits, etc.)
Upgrades of faucets, fixtures, or appliances, with a cost greater than those specified.
Finishes on traps, valves and supplies to be chrome unless otherwise specified. No removal of asbestos, lead or mold. No monitoring of air quality. Customer assumes any and all liability for asbestos, lead or mold issues.
No liability for damage to piping, wiring or structural members embedded in concrete.
No cost for x-ray included in this contract.
All work to be performed on “Regular Time” unless otherwise specified during regular operating hours.
Customer must provide proper access to all work areas and must move any furnishings, stored items, vehicles, etc. Adams Plumbing and Heating will not be responsible for such items.
The customers understands that he/she will be charged for the additional time to remove items and clear the area or will have to reschedule at customer's cost.
Animal infestation - Adams Plumbing and Heating are not authorized to perform any work when an infestation is present. Adams Plumbing and Heating technicians will stop all the work, and wait until the infestation is mitigated by a separate, specialized company. Travel fees and work performed up to the point before infestation is uncovered applies, and is the responsibility of the customer.