Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License Board, P.O. Box 26000, Sacramento, California 95826
NOTICE TO OWNER
Under the California Mechanics’ Lien Law, any contractor, subcontractor, laborer, supplier, or other person or entity who helps to improve your property, but is not paid for his or her work supplies, has a right to place a lien on your home, land, or property where the work was performed and to sue you in court to obtain payment. This means that after a court hearing, your home, land, and property could be sold by a court officer and the proceeds of the sale used to satisfy what you owe. This can happen even if you have paid your contractor in full if the contractor’s subcontractors, laborers, or suppliers remain unpaid. To preserve their rights to file a claim or lien against your property, certain claimants such as subcontractors or material suppliers are each required to provide you with a document called a “Preliminary Notice.” Contractors and laborers who contract with owners directly do not have to provide such notice since you are aware of their existence as an owner. A preliminary notice is not a lien against your property. Its purpose is to notify you of persons or entities that may have a right to file a lien against your property if they are not paid. In order to perfect their lien rights, a contractor, subcontractor, supplier, or laborer must file a mechanics’ lien with the county recorder which then becomes a recorded lien against your property. Generally, the maximum time allowed for filing a mechanics’ lien against your property is 90 days after substantial completion of your project.
TERMS AND CONDITIONS
RESPONSIBILITIES OF CUSTOMER:
As used in this Agreement, “Customer” shall mean the party who agrees to pay for the work described on the front side of this Agreement. Customer represents that, except as described in the request for service, all plumbing and drain systems are in good repair and condition and agrees to hold JOYCE PLUMBING harmless for the discovery of defective conditions including but not limited to 1) improper or faulty plumbing; 2) Rusted or defective pipes; 3) Acids in the drain system; 4) Lines that are settled or broken; 5) Existing illegal conditions; and 6) Defective roofing.
RESPONSIBILITIES OF COMPANY:
As used in this Agreement, “Company” shall mean JOYCE PLUMBING. Company shall do all work in a competent, workmanlike manner. Company is not responsible for any existing illegal conditions.
Company warrants its work to be free from defects in material and workmanship for the warranty period of ninety(90) days from the completion unless otherwise stated in writing on the face of this Agreement. All drain stoppages are warranted for a period of thirty (30) days from the completion unless otherwise stated in writing on the face of this Agreement. All warranties are void if payment is not made when due. Warranties extend only to the customer and are not transferable. If a defect in materials or workmanship covered by this warranty occurs, Company will, with reasonable promptness during normal working hours, remedy the defect. In no event shall Company be liable for water or other damage caused by any delay in remedying a defect. To obtain warranty performance, notify the Company of any defect or claims for breach at the address and telephone number on the face of this Agreement.
TEN PERCENT COMPOUNDED MONTHLY WILL APPLY TO ANY BALANCES NOT PAID WITHIN THIRTY DAYS FROM THE DATE OF SERVICE.
EXCLUSIONS AND LIMITATIONS:
CUSTOMER’S RIGHT TO REPAIR AND REPLACEMENTS ARE THE EXCLUSIVE REMEDIES AND COMPANY SHALL NOT BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE MATERIALS PROVIDED FOR IN THIS CONTRACT.
Company is not responsible for the following which are excluded from coverage of this limited warranty:
1) Defective conditions listed under the above heading “Responsibilities of Customer”, 2) Work performed or materials installed by others apart from this contract and 3) Defects and failures from mistreatment or neglect.
THIS LIMITED WARRANTY IS THE ONLY EXPRESS WARRANTY COMPANY GIVES. IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED TO A DURATION OF NINETY (90) DAYS FROM THE DATE OF COMPLETION.
PROTECTION OF CUSTOMER’S PROPERTY:
Customer agrees to remove or protect any personal property, inside and out, including but not limited to, carpets, rugs, shrubs, and planting, and company shall not be responsible for said items. Nor shall company be held responsible for the natural consequences of company’s work, which may cause damage to improvements to real property including but not limited to, curbs, sidewalks, walks, driveways, garages, patios, lawns, shrubs, sprinkler systems, wallpaper, drywall, stucco, tile cabinets or other appurtenances to the residence or other real property.
Company shall not be held responsible for damage to personal property, real property, or any improvements to real property caused by person delivering materials and Company shall not be held responsible for keeping gates and doors closed for children and animals.
ENTIRE AGREEMENT MODIFICATION:
This Agreement constitutes the final, complete and exclusive statement of the terms of the agreement betweeen Customer and Company pertaining to the description of work on the front side of this Agreement and supersedes all prior or contemporaneous understandings or agreements of the parties. No party has been induced to enter this Agreement by, nor is any party relying on, any representation or warranty outside those expressly set forth in this Agreement. This Agreement binds jointly and severally all signing Customers, their heirs, representatives, successors and assigns.
This Agreement may not be supplemented, amended, or modified except by the mutual agreement of the parties. No supplement, amendment, or modification of this Agreement shall be binding unless it is in writing and signed by both parties.
TO OUR CUSTOMERS:
Servicemen are required to have this contract signed. This is done in order to protect you, the workmen and ourselves, and to enable us to give you absolute satisfactory service. You are respectfully requested to completely examine this contract before workmen leave the job, and if you find everything satisfactory, approve this contract. If the services rendered are unsatisfactory, in any way, please phone our office immediately. I find the services charged on this contract to be satisfactory and agree to pay for the same on presentation of this contract, and further agree to pay reasonable charges for collection, including attorneys fees in the event of a default. A delinquent penalty will be charged if this account is past due.
Failure by the contractor to commence work within 20 days from the approximate date specified in the contract when work will begin is a violation of the Contractor’s State License Law.
Upon satisfactory payment being made for any portion of the work performed, the contractor shall, prior to any further payment being made, furnish to the person contracting for the home improvement, an unconditional release from any claim or mechanic’s lien pursuant to Civil Code Section 3114 for that portion of the work for which payment has been made.
On work in excess of $500.00, you as owner or tenant have the right to require the contractor to have a performance and payment bond. The cost of procuring this bond will be paid by the
purchaser and is not included in the contract.
You, the buyer, may cancel this transaction at any time prior to midnight of the third business day after the date of this transaction. See the attached notice of cancellation form for an explanation of this right.
ACCEPTANCE OF WORK PERFORMED:
I find the service rendered and material installed in connection with the above work mentioned to have been completed in a satisfactory manner. I agree that the amount set forth on this contract in the space labeled “Total” to be the total and complete flat rate.