Terms and Conditions
1. Terminology: “You” includes each owner of the property or the person or organization for whom we agree to carry out work. “We/Us/Our” refers to Pando Plumbing Inc. “Services” refers to anything offered by Pando.
2. BID: A bid is Pando Plumbing Inc’s agreement to perform all work specified for a fixed price. If the actual cost of the work performed is more or less than the bid, the owner remains obligated only to pay the amount of the bid. 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.
3. ESTIMATE: An estimate is Pando Plumbing’s estimation of the eventual 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. The actual cost of the work may differ greatly from the estimate. If/when this happens, the owner shall be obligated to pay the actual cost of the work. Pando will make every effort to notify the owner if the actual cost of the work exceeds the estimate. This notification will be verbal but it may or may not be possible to quote a firm cost of completion at this time. 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 and 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.
4. CONTRACT: No agreement, whether it is designated as a bid, an estimate, a proposal, or otherwise, shall become a contract binding upon Pando Plumbing, Inc. until it is both signed by you and accepted in writing by an employee of Pando Plumbing, Inc., who has the authority of a general manager.
5. 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 orally or 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.
6. Invoices & Payment: The Price shall be as indicated on invoices provided by the Contractor to the Client in respect of Goods/services supplied. Unless otherwise agreed in writing payment for products and services shall be made in full on the day the contract/invoice is signed. We reserve the right to request full payment in advance at our discretion. Payment is not made until funds clear the bank.
Payments not received in full on the day of service are subject to a late fee and or Interest. Unpaid invoices after 30 days are subject to collections. Pando Plumbing, Inc. may charge interest on any amount owing after the due date at the rate of 2.5% per month or part month.
Payment will be made by cash on delivery, or by check, or by credit card (subject to a processing fee of the transaction value), or by any other method as agreed to between the Client and the Contractor.
11. Scheduling: You are responsible for keeping a mutually-agreed upon schedule for the work. If Pando Plumbing, Inc. arrives at the job site to find it not ready or by the owner not being present at the site, we reserve the right to charge a cancelation fee up to $100.00 to cover administration and handling fees.
12. Cancellation: If you need to cancel (or rearrange) your booking, you must notify us (preferably by telephone) by the end of the working day before the scheduled booking. If you cancel your instructions more immediately 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.
13. WARRANTY: Pando Plumbing, Inc. warrants that all labor, materials and taxes will be paid for, and there will be no potential lien claimants upon the completion of the work and final payment by the owner. Pando Plumbing, Inc. further warrants that all work will be performed in a commercially reasonable manner and that there are no defects in materials or workmanship. This warranty shall be void if a person or firm other than Pando Plumbing, Inc. performs or reperforms any work identified within the original scope of the work of this contract with Pando Plumbing, Inc.
14. Satisfaction: Pando Plumbing, Inc. is committed to providing professional, top quality service to every customer. If, after we have carried out the work, you are not wholly satisfied with our service(s) you must provide us with written notice within 3 months. You must allow us, and our insurers, the opportunity to both inspect and carry out remedial work where appropriate. If you fail to notify us, as outlined above, then we will not be liable in respect of any defects in the work carried out.
The guarantee will become null & void if the work completed by us is:
- Subject to misuse or negligence.
- Repaired, modified or tampered with by anyone other than a Pando Plumbing, Inc. employee. We will accept no liability for, or guarantee suitability of materials supplied by you & will accept no liability for any consequential damage or fault.
- We will not guarantee any work in respect of:
- Blockages in waste or drainage systems.
- Any work undertaken on instruction from you and against the written or verbal advice of the tradesperson.
Work is only guaranteed in respect of work directly undertaken by us and full payment having been made. Any non-related faults arising from recommended work which has not been undertaken by us will not be guaranteed. Where we agree to carry out work on installations of inferior quality (or over ten years old) no warranty is given in respect of such work and we accept no liability in respect of the effectiveness of such work or otherwise.
15. CORRECTION OR COMPLETION OF WORK: We shall have the irrevocable right to perform all corrective or pick-up work identified by you unless we decline to do so following receipt from you of a specific list of corrective or pick-up 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 pick-up 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 Pando Plumbing, Inc. for any defects in performance, including labor, material, and warranty claims of any kind.
16. Default and Remedies: Payment is due as required by your contract, and not later than the date of service or completion. In the event of a default in payment, we may in addition to ceasing work, recover all of the contract price which may then be due, together with any lost profit remaining in the contract. In the event of default payment Pando reserves the right to exercise any rights it has under the Utah Mechanics Lien statute. Interest on overdue invoices shall accrue from the date when payment becomes due daily until the date of payment at a rate of 2.5% compounding per calendar month and shall accrue at such a rate after as well as before any judgment. In addition, a $50.00 returned check fee may be assessed for any dishonored checks. 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.
17. Responsibility for Premises: Pando Plumbing, Inc. at all times shall keep the premises free from accumulation of waste materials or rubbish caused by its operations. At the completion of the work, Pando Plumbing, Inc. shall remove all waste materials and rubbish from the site, together with its tools, construction equipment, machinery and surplus materials. The owner shall establish and guarantee to Pando Plumbing, Inc. the location of all underground restrictions or underground utilities, easements or rights of way, pipes, power lines, septic tanks, utility lines or drain fields. Owner shall assume complete responsibility for the protection of all landscaping, trees, shrubs, and bedding plants which may become damaged during the progress of construction. The owner shall establish and guarantee to Pando Plumbing, Inc. all property lines and agrees to hold Pando Plumbing, Inc. harmless from any property line disputes, including the payment of damages or the incurrence of attorney’s fees.
18. Liability: We will only be liable for rectifying our own guaranteed work and will not be held responsible for any ensuing damage or claims resulting from other work overlooked or subsequently requested and not undertaken at the time.
We will not be held liable or responsible for any damage or defect resulting from work not fully guaranteed, or where recommended work has not been carried out. Work will not carry a guarantee where you have been notified by the tradesperson either verbally or indicated in ticked boxes or in our comments/recommendations.
We shall not be held liable for any delay, or consequences of any delay, in performing our obligations if such a delay is due to any cause beyond our reasonable control and we shall be entitled to reasonable time extensions. We will be entitled to fully recover the costs or damages from any tradesperson whose negligence or faulty workmanship makes us liable to pay for those damages or rectification of work.Pando Plumbing, Inc. is not responsible for any drywall, fixtures, structural, or other damage that may occur or be necessary in order to complete the work or any other damage that may occur as a result of the original plumbing, sewer, or HVAC problems.
All parts associated with this job are warranted as per the manufacture’s specifications. The labor for the work is warranted for 30 days, except for drain cleaning. We do not guarantee any parts not supplied and installed by Pando Plumbing, Inc. Pando Plumbing, Inc. is not responsible for any damage to sewer lines. Any repairs if equipment get stuck in the line to include, but not limited to, cutting into drywall, concrete, roof, or gutter repairs, landscaping due to digging, or backhoe expenses are the home owner’s responsibility.
Pando Plumbing, Inc. is not responsible for: Any leveling of tubs, shower bases, or floors. If job needs to be leveled, additional work to be billed at time and material. Damage occurring from appliance moving/ relocating. Any sheet metal work, pipe insulation, or ditch compaction.
19. Title to Goods: Goods supplied and delivered by us to you, or your premises, shall remain our property until paid for by you in full. Whilst goods remain our property we have the absolute authority to: Retake, sell or otherwise deal with or dispose of all or any part of these goods.
Enter any premises, at any time and without notice, in which goods or any part thereof is installed, stored or kept, or is reasonably believed so to be.
Seek a court injunction to prevent you from selling, transferring or otherwise disposing of such goods.
The risk in such goods will pass to you on delivery to you. You must insure them at replacement value, and if asked you must produce evidence that they are properly insured.
20. 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.
21. 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 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.
22. 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, 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.
23. These Terms and Conditions shall be governed by the laws of the State of Utah.