GENERAL TERMS AND CONDITIONS SUMMARY
These are general Terms and Conditions surrounding our services, depending on circumstances, there may be additional situations that require us to modify these Terms and Conditions.. These Terms and Conditions may change from time to time without notice. We strongly advise you to familiarize yourself with these Terms and Conditions before you contract our services.
SITE CONDITIONS
If Omaha Drain LLC must obtain access to other properties in the course of work, Omaha Drain LLC shall secure permission for such and hold harmless and indemnify Omaha Drain LLC and its employees and agents against all actions and consequences arising or relating to the use of said properties, including, but not limited to, damage done in the normal course of work, excluding negligence, and for securing said property and its contents during and after work.
Customer shall secure, remove and protect all property, and its contents, including, but not limited to, adults, children, animals, cabinets, fixtures, flooring, walls, tiling, carpets, drapes, furniture, and vegetation during and upon completion of work and shall hold harmless and indemnify Omaha Drain LLC, its employees and agents against all claims arising out of CUSTOMER’S failure to do so.
LIMITED WARRANTY
Omaha Drain LLC warrants its materials and workmanship to be free from defects for one year after performance unless otherwise specified in writing. The warranty does not cover faults caused by misuse; negligence; or damage caused by acts of God, including, but not limited to, earthquakes. There is no warranty on drain cleaning or refrigerant leaks. In the event that a manufacturer offers a warranty, said warranty shall negate and supersede Omaha Drain LLC warranty. This warranty is the only warranty by Omaha Drain LLC to CUSTOMER, and is in lieu of all other warranties, expressed or implied.
CUSTOMER shall telephone Omaha Drain LLC within twenty four hours (24) of discovery of any warranty claim. Omaha Drain LLC will respond with reasonable promptness between the hours of 8:30 a.m. to 4:30 p.m. (Pacific Time) Monday through Friday, excluding holidays.
Omaha Drain LLC shall not be liable for water or other damage relating from any defect or delay in responding to said warranty. CUSTOMERS must take reasonable steps to mitigate damages.
Omaha Drain LLC shall not be liable for lost profits, incidental, special, exemplary, indirect or consequential damages resulting from any work performed, or any problem, whether or not covered by this limited warranty.
UNFORESEEN CONDITIONS
If conditions and/or circumstances are encountered at the job site which are concealed physical conditions, or unknown physical conditions of an unusual nature, which differ materially from that which is visually ascertained. CUSTOMER agrees to accept responsibility for such conditions and those circumstances outside the control of Omaha Drain LLC and further agrees to pay for any labor or materials, including repair to damaged equipment of Omaha Drain LLC and other plumbing caused by such conditions and/or circumstances.
It is the intent of this provision to make CUSTOMER responsible (1) for all unforeseen and concealed conditions; and (2) for that which Omaha Drain LLC cannot control. Accordingly, CUSTOMER further agrees to hold Omaha Drain LLC harmless and shall indemnify and defend Omaha Drain LLC and all its agents and employees from and against all claims, damages, losses and expenses, including, but not limited to, attorney’s fees, consequential damages, arising out of or as a result from the performance of Omaha Drain LLC work involving, affecting, or relating to such unforeseen or concealed conditions, regardless of whether such damages are caused in part by Omaha Drain LLC.
Asbestos or other Hazardous Materials Remediation Work – Omaha Drain LLC has no information whatsoever with respect to asbestos or other hazardous materials or substances in any portion of the CUSTOMER’S property and has not conducted any investigation in connection herewith. Omaha Drain LLC does not perform asbestos or other hazardous materials or substance removal and Omaha Drain LLC shall have no responsibility whatsoever and CUSTOMER expressly releases Omaha Drain LLC from any liability whatsoever and for any claims arising out of its presence, release, remediation or removal and for any costs, losses or damages CUSTOMER may suffer or sustain if it is found to exist on the CUSTOMER’S property. In the event asbestos or other hazardous materials or substances are found to exist on the Customer’s property or if, in order to obtain a building permit for the work to be performed by Omaha Drain LLC as set forth herein, any remediation action or work, including investigation, is required to be performed on the Customer’s property concerning asbestos or other hazardous materials or substances, all work by Omaha Drain LLC will cease until such time as CUSTOMER has, at Customer’s sole expense, caused said asbestos or other hazardous materials or substances to be removed in compliance with all applicable laws relating thereto.
If for any reason, a maintenance visit is not performed either because of the Omaha Drain LLC or because of the maintenance agreement CUSTOMER, the monetary value does not exceed the cost of the maintenance agreement.
RECOMMENDATION NOT PERFORMED
If suggested options are not chosen by the CUSTOMER and a failure is experienced, Omaha Drain LLC is held harmless.
STOPPAGES
Omaha Drain LLC will not clean any drain line or sewer lines through a roof vent.
Any drain cleaning cable which becomes stuck in the line is the responsibility of the CUSTOMER for removal and/or additional repairs. If a sewage spill occurs, including one deemed hazardous material, the cost of clean up is the responsibility of the CUSTOMER.
LICENSE, PERMITS, FEES
CUSTOMER shall furnish and pay for, at CUSTOMER’S own expense, all taxes, permits, and license fees required to legally perform the repair work in accordance with this Agreement. Access to the property for an agent of the administration authority must be provided within a reasonable time. Should reasonable access not be provided, it may result in additional charges to the CUSTOMER.
If at any time the administrative authority asks for additional work not related to our original contract, that work is the responsibility of the CUSTOMER. Omaha Drain LLC will provide an additional UPFRONT PRICE for that work.
All notices related to work performed by Omaha Drain LLC which are sent to the property owner must be forwarded to the Omaha Drain LLC and a reasonable amount of time allowed for the process.
PARKING OUR VEHICLES
For safety reasons, available parking for vehicles must be less than 100 feet from your entry door. We do not park or leave our vehicles in red zones, centers of streets, double parking, underground parking, parking lots or any other area where our vehicles will not be legally or safely parked.
PAYMENT
All work done on a fixed UP FRONT PRICE. The price includes Materials, Tax and Labor. NO BREAKDOWN WILL BE PROVIDED! Payment for the work described in the Agreement shall be immediately due upon completion of the work.
No deduction shall be made from payments due Omaha Drain LLC on account of penalty, liquidated damages, back charges for alleged defective work, or other sums withheld from payments to other CONTRACTOR’S or on account of the cost of changes or defects in the work. Furthermore CUSTOMER agrees and recognizes that payment for services rendered by Omaha Drain LLC when due is an express condition precedent to Omaha Drain LLC continuing work as herein described in this Agreement. CUSTOMER recognizes that the failure to pay for services when due shall entitle Omaha Drain LLC to terminate work immediately. In the event that Omaha Drain LLC terminates work for non-payment as herein described, Omaha Drain LLC shall be entitled to all of its reasonable expenses including, but not limited to, cost of labor, materials, a reasonable allowance for overhead and profit, and all other compensation as allowed by law.
RIGHT TO TERMINATE IN EVENT OF DISPUTE
In the event of a dispute between Omaha Drain LLC and CUSTOMER, Omaha Drain LLC and CUSTOMER agree that the Omaha Drain LLC may immediately terminate the work described herein. In the event of such termination, Omaha Drain LLC shall be entitled to payment for all services rendered including cost of all labor, materials, reasonable profit and overhead. In the event of cancellation by CUSTOMER after a contract has been signed, Omaha Drain LLC is entitled to a minimum fee of 10% or $1000, whichever is less. In the event of cancellation by CUSTOMER after work has commenced, Omaha Drain LLC is entitled to 10% or payment for work performed, whichever is more.
NOTICE OF DEFECTIVE WORK
Upon completion of the work, CUSTOMER agrees to exercise due diligence in inspecting the work for defective workmanship and materials. CUSTOMER agrees to notify Omaha Drain LLC within forty eight (48) hours of completion of the work described hereunder of all defective work, if any. CUSTOMER agrees that upon discovery of any allegedly defective work, CUSTOMER shall immediately call Omaha Drain LLC who shall have the first opportunity to repair the alleged defective work. The failure to allow Omaha Drain LLC the first opportunity to repair the alleged defective work shall void all warranties, express and implied hereunder. CUSTOMER agrees and recognizes that they shall not withhold any payments for allegedly defective work. Omaha Drain LLC is not responsible for reimbursement for work performed by any other company or individual.
SERVICES NOT COVERED
Omaha Drain LLC will not perform any other work or trade other than that which is specified herein, including, but not limited to, carpentry, plaster/wall work, tile work, landscaping, masonry, flooring, roofing, paving, etc., unless otherwise stated; paint, plaster, stucco, and landscaping are not included in the up front price and are the responsibility of CUSTOMER.
SCOPE OF AGREEMENT
This agreement represents the entire and integrated agreement between CUSTOMER and Omaha Drain LLC and supersedes all prior negotiations, representations or agreements, either oral or written. This agreement may be amended only by written instrument offered by Omaha Drain LLC and accepted by CUSTOMER.
SEND NOTICE OF CANCELLATION AND ALL CORRESPONDENCE TO THE CORPORATE OFFICE AT: