Terms and Conditions
If you (CUSTOMER) contract WDS Mechanical LLC for any service, the following terms and conditions will apply.
PAYMENT TERMS
Invoice payment is due upon completion of work or work phase (whichever is applicable). Any payment not received within 30 days from completion of work or work phase is subject to monthly interest fees of 2% until paid in full. These fees are non-negotiable to customers that do not have a written agreement with WDS Mechanical LLC stating otherwise. 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 WDS Mechanical LLC and court costs if applicable. Unpaid invoices will be WDS Mechanical LLC owns all materials, parts or fixtures installed until payment has been made in full. WDS Mechanical LLC 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. Unpaid invoices will be subject to property lien or civil court. Breach in contract will also be sent to civil court. All fees incurred due to such processes such as filing fees, attorney's expenses etc.. will be at the customer's expenses.
All plumbing installation methods and products shall be compliant with 248 CMR 10.00. The cost of products such as pipes, valves, and fittings are included in the estimate. Toilets, Shower control valves, bathtubs, faucets, and sink basins are NOT included in the estimate unless specifically stated. The customer will provide such plumbing fixtures which should be Mass-approved plumbing products.
WDS Mechanical LLC will provide plumbing work only and will not provide any other work such as demolition, framing, concrete cutting, asbestos removal, roof repair, roof drains installation or repair, fireproofing, scaffolding, etc.. unless specifically stated in the estimate.
COLLECTION COSTS
Customer agrees that they shall pay all expenses incurred by WDS Mechanical LLC 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% will be added after 30 days.
WARRANTIES AND LIMITATIONS ON WARRANTIES
Standard warranty is 1 year on labor by WDS Mechanical LLC. Warranties are not provided on parts or any work that has not been paid for in full. WDS Mechanical LLC warrants that all work performed and parts and equipment which were installed during the service were completed in a according to the plumbing code and state requirements. WDS Mechanical LLC will assist the customer with the manufacturer’s warranty a labor only cost to the customer. WDS Mechanical LLC’s obligation for defective products and/or workmanship or any damage caused thereby, and Customer’s exclusive remedy, shall be limited, at WDS Mechanical LLC’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 WDS Mechanical LLC receiving actual written noticed of said defect within 364 days of the final inspection or final paid invoice. Items disclosed on invoice & declined by the customer or customer supplied equipment are excluded from the warranty. Parts installed by WDS Mechanical LLC and worked on by anyone else during the warranty period will void any warranty given. WDS Mechanical LLC 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 WDS Mechanical LLC 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.
RESTRICTION OF THE PERIOD LIMITATION OF ACTION
Any legal action relating to this Agreement or breach thereof shall be commenced within one (2) year from the date of the work. The consumer shall be deemed to have accepted all delivered goods which he has not rejected within one (1) year of receipt.
ALTERATIONS
Any alterations, additions, adjustments or repairs made by others, unless authorized or agreed upon by WDS Mechanical LLC, will be cause to terminate WDS Mechanical LLC’s obligation under the contract. WDS Mechanical LLC will not accept statements by other companies of faulty work unless reviewed by WDS Mechanical LLC 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 urgent by WDS Mechanical LLC. Any Customer requiring warranty work not performed during regular business hours will be charged a service charge.
UNFORESEEN DIFFICULTY CLAUSE
Estimates are based on what is visible before the job is started. If additional work surfaces require more time and/or disposal to remove, additional charges may apply.
Regarding concealed plumbing, technicians may find obstacles not previously known before walls or other surfaces are removed to expose work area. The technician assumes at time of estimation that concealed plumbing is per code requirements. If problems with the existing plumbing are revealed or must be adapted to meet the needs of the new plumbing, WDS Mechanical LLC will create a change order to make necessary changes. If a 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
If repairs to plumbing are located within a non-accessible area, that which covers the area must be removed to create access. WDS Mechanical LLC makes all reasonable steps to minimize area removed with minimal damage incurred. WDS Mechanical LLC is not responsible for the repairs, replacement or cost required to close access once plumbing service is complete. WDS Mechanical LLC may remove small areas of walls, ceilings, floors or concrete to access the work area. Unless clearly stated in the estimate provided, the replacement of such objects removed will not be included. 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, WDS Mechanical LLC 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.
If any objects are required to be moved to access the work area, customers should contact a contractor who specializes in that removal and re-installation. WDS Mechanical LLC cannot guarantee customer satisfaction for the removal or replacement of non-plumbing objects that are moved by WDS Mechanical LLC.
SEWER SERVICE ON EXISTING SEWER LINES
WDS Mechanical LLC 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.
TROUBLESHOOTING
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.