Terms and Conditions

Terms and Conditions

THIS CONTRACT AGREEMENT (this “Agreement”) is made as of the date of the attached proposal the customer signed (“Effective Date”), and between A-1 SEWER and SEPTIC SERVICE, INC., a Kansas corporation (“Contractor”), and the customer listed on the attached proposal (“CUSTOMER” and together with Contractor, the “Parties”).

1. General Conditions: These general terms and conditions are incorporated by reference into the proposal and are part of the Agreement under which services are to be performed by A-1 Sewer and Septic Service, Inc. (“A-1”) for the Customer. Customer’s signature and return of the proposal as presented, or Customer’s authorization of A-1 to commence the work, shall constitute acceptance of all the stated terms and conditions.

2. Warranty:
• All warranties start at the date of substantial completion, are only for the current titled property owner(s) and are non-transferable unless the repair work is performed specifically for the sale of a property. In that case, the warranty can be transferred 1 time to the newly titled property owner(s). The warranty is voided if the customer is refunded or discounted funds above and beyond coupons or amounts stated in any quotes or proposals.
• Drain Cleaning with Auger: 30 days with a 1-time warranty cleaning for general stoppage caused by toilet paper, feces, or general build up, 90-days with a 1-time warranty cleaning for roots.
• Jetting with water: 30-days warranty. No warranty on any wipes (even flushable), paper towels, Feminine hygiene products, birth control, or other objects.
• Plumbing repairs: 90-days on A-1 provided parts and labor. (no warranty on customer-provided parts)
• Installation of new A-1 provided plumbing fixtures or parts: 1-year parts and labor.
• Installation of customer-provided parts: 90-day labor only
• Sewer and outside water line replacements: 5-year parts and labor on complete line replacements. 1 year on parts and labor on spot repairs.
• Residential Water Heater: 1 year labor and 6 years parts on the actual water heater. 1-year parts and labor on additional items installed with the water heater.
• Perma-Liner: 5-year labor and 10-year manufacturer material.
• Video inspections and Underground sewer locates: A-1 will attempt to be accurate on work performed, but No Guarantee the video inspection or locate will
be 100% accurate. In no event shall A-1 be liable for any indirect, special, or consequential loss or damage arising out of inaccurate inspections or locates.
• A-1 must be notified by the customer immediately for all warranty claims. A-1 will self-perform or subcontract all warranty work. A-1 will not reimburse
the customer for warranty work performed by another contractor unless approved in writing by the Operations Manager or Owner before warranty work is
performed.

3. Terms of Payment: Unless otherwise noted in the attached proposal or the customer has a previously approved AR account, payments are due upon completion. A “late payment” charge of one and one-half percent (1½ %) per month or the maximum legal interest rate, whichever is greater, will be made on all monies past due and shall be paid immediately. The customer will be responsible for paying any additional collection fees, attorney’s fees, or court costs on unpaid invoices. The customer is responsible for payment; the payment will not be delayed for any reason, including the customer waiting for payment from other
entities, home warranty, insurance claim, closing, or any other sale. A 50% deposit will be made prior to scheduling the projects over $1000 unless specified otherwise in the written proposal. If a dispute arises, the customer agrees not to cancel any checks or file a dispute with their credit card company and to follow the section 14 Dispute Resolution process in this agreement.

4. Customer Responsibilities: The customer will provide mechanical services. Operation and control of the Customer’s equipment is the Customer’s responsibility. If A-1’s work is interrupted due to circumstances caused or allowed by Customer and of which A-1 was not apprised prior to starting the work, an hourly fee will be charged.

5. Pre-existing Conditions: A-1 is not responsible for liability, loss, or expense (including damage caused by the backup of basement sewers) caused by pre-existing conditions, including faulty, inadequate, or defective design, construction, maintenance, or repair of property or contamination of the subsurface where the condition existed before the start of the A-1’s work. The customer is responsible for the loss of service equipment caused by the pre-existing condition at the job site.

6. Environmental Conditions: The debris is represented to A-1 as non-hazardous, requiring no manifesting or special permitting. The Customer will be responsible for any additional costs or claims associated with the treatment, storage, and disposal of the removed debris or breach of the above representation at any time during or after the completion of this project. Notwithstanding anything herein to the contrary, when the Work includes removal of industrial waste, Customer represents and warrants it holds clear title to all waste debris or other materials A-1 may handle process or transport, and Customer agrees to supply all
necessary manifests or permits, and Customer shall indemnify A-1 for liability, loss, and expense caused by discharge, escape, release of liquids, gases or any other material contaminant or pollutant into the atmosphere or into or onto land, water or property, except to the extent such liability, loss and expense is caused by A-1’s negligence.

7. Indemnification: The Customer and A-1 will indemnify and hold harmless the other for all losses, liabilities, and expenses incurred by the other party resulting from a negligent act in the performance of work under this Agreement. The Customer also will indemnify and hold harmless A-1 for all losses, liabilities, and expenses resulting from A-1 services if A-1 is acting at the direction or instruction of the Customer or where the primary cause of any damages is due to
information provided by the Customer. Where the Customer provides labor for A-1, the Customer will indemnify and hold harmless A-1 for all losses, liabilities, and or expenses for work-related injuries to those laborers not provided by A-1.

8. Entire Agreement: This proposal, together with any written documents which may be incorporated by specific references herein, constitutes the entire agreement between the parties and supersedes all previous communications between them, either oral or written. The waiver by A-1 of any term, condition or provision herein stated shall not be construed to be a waiver of any other term, condition, or provision hereof.

9. Modification: No changes or modifications to this Agreement will be binding unless agreed to in writing by both parties.

10. Performance Dates: The performance schedule, if stated in the proposal, is approximate and is not guaranteed by A-1. A-1 shall not be liable for delays in the progress of the Work due to acts of government, acts of God, adverse weather, war, riot, labor disputes, civil insurrection or any other causes beyond A-1’s reasonable control, and the date of performance shall be adjusted for any such delays. Further, A-1 shall not be responsible for delays in the project caused by the failure of material/equipment suppliers to deliver material, equipment or services in the time and manner agreed upon or in the time and manner anticipated.
There will not be any discounts or refunds due to delays.

11. Scope Limitations: Any material, equipment, structure, or service item that is not explicitly a part of this Contract is expressly excluded from A-1’s Work.

12. Exclusions:
• Excavation: Additional charges will be accrued for but are not limited to any of the following exclusions: repair and/or replacement to any work beyond that specified above, lawn and/or landscaping, irrigation to the property, underground rock breaking, disposal of dirt and/or rock, trench dewatering, any damages to uncharted and/or mismarked utilities, and any unforeseen circumstances. If A-1 backfills and/or tamp backfills the trench and the ground
settles, requiring dirt to be brought to the job site, additional charges will apply.
• Dust Clause: Removal of concrete/sheetrock/drywall will be a dust-intensive operation. A-1 will take measures to contain dust, including hanging plastic around the work area. However, dust will likely not be controlled by our containment measures. A-1 will not be responsible for dust cleanup and/or any damages caused by dust produced from services performed.
• Jacker Hammer: Additional charges will be accrued for but are not limited to any of the following exclusions: repair and/or replacement to any work beyond that specified above, any damages to utilities in and/or under concrete, trench dewatering and any unforeseen circumstances.

13. Contract Amendments: The following contract amendment procedure is to be used for work performed for the Customer by A-1, which is beyond the scope of the proposal. (a) As change order items are identified, and before any work is done, A-1 and the Customer will review and agree on the work to be performed; (b) A contract amendment or change order will be completed with regard to scope or price or any schedule impact. A change order can be accepted in writing, text, or email and will still be subject to the terms of this agreement.

14. Limitation of Liability: In no event shall A-1 be liable for any indirect, special, or consequential loss or damage arising out of any work performed for Customer. To the fullest extent permitted by law, the total liability, in the aggregate, of A-1 to Customer or anyone claiming by or through Customer for any and
all liabilities, claims, losses, expenses, or damages whatsoever arising out of or in any way related to A-1’s services, the Project, or the Proposal, from any cause or causes whatsoever, including without limitation, negligence, strict liability, indemnity, warranty, or breach of contract, shall not exceed the Contract Amount.
A-1 is not responsible for rendering or failing to render architectural, engineering or surveying professional services. Customer waives all rights of subrogation for claims covered by the parties’ insurance.

15. Dispute Resolution: The parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations between the parties. If the matter is not resolved by negotiation within 30 days, the parties will resolve any controversy or claim arising out of or relating to this Agreement, or the breach thereof, by binding arbitration under the rules of the American Arbitration Association utilizing the Kansas City Better Business Bureau. The arbitrator’s award will be final, and judgment may be entered upon it by any court having proper jurisdiction. The attorney fees will be settled during the arbitration process.

16. Attorney’s Fees: A-1 shall be entitled to collect reasonable attorney’s fees incurred to collect any “late payments” and in accordance with Paragraph 14 above.

17. Cancellation fee: This Agreement may be cancelled within 3 days of singing with no penalty. Otherwise, Customer is responsible for all costs incurred by A-1 including costs of materials for which A-1 is unable to get a full refund or 10% of the proposal amount, whichever is greater.

18. Excavation: Excavation shall include removal and disposal of the dirt, soil, and gravel. A change order will be issued for (1) boulders measuring 1 cubic foot or more in volume; (2) all rock material in ledges, bedding deposits, and un-stratified masses that cannot be removed without jackhammering, drilling and blasting; (3) concrete or masonry structures which have been abandoned; and (4) conglomerate deposits which are so firmly cemented that they possess the characteristics of solid rock, including deposit of clay or flowable-fill.

19. Landscape: A-1 will not be responsible for any damages to natural or manufactured landscaping, including root systems, bushes, trees, flowers, grass, turf, rocks, and or mulch.

20. Sprinkler systems: A-1 will not be responsible for any damages or problems arising from striking, working near, or moving equipment for a sprinkler system.

21. Ground Settlement and Backfill: This agreement includes A-1 backfilling the trench with any dirt, soil, or rocks that were excavated from the trench to a rough grade. This may result in a mound of dirt based on the depth that will settle over time. If the customer requests additional dirt, soil, or rocks to be removed, additional charges will apply. If the customer requests additional dirt or soil to be brought in during or anytime after the project, additional charges will apply.

22. Authorized Signer: By signing this agreement, I certify that I am an authorized signatory and/or decision maker for the quoted project and can make operational and financial decisions.

Legal Notices

SECTIONS 436.350 TO 436.365 OF MISSOURI REVISED STATUTES PROVIDE YOU WITH CERTAIN RIGHTS IF YOU HAVE A DISPUTE WITH A CONTRACTOR REGARDING CONSTRUCTION DEFECTS. EXCEPT FOR CLAIMS FILED IN SMALL CLAIMS COURT, IF YOU HAVE A DISPUTE WITH A CONTRACTOR, YOU MUST DELIVER TO THE CONTRACTOR A WRITTEN CLAIM OF ANY CONSTRUCTION CONDITIONS YOU ALLEGE ARE DEFECTIVE AND PROVIDE YOUR CONTRACTOR THE OPPORTUNITY TO MAKE AN OFFER TO REPAIR OR PAY FOR THE DEFECTS. YOU ARE NOT OBLIGATED TO ACCEPT ANY OFFER MADE BY THE CONTRACTOR. READ THIS NOTICE CAREFULLY. THERE ARE STRICT DEADLINES AND PROCEDURES UNDER SECTIONS 436.350 TO 436.365 WHICH MUST BE OBEYED IN ORDER TO PRESERVE YOUR ABILITY TO FILE A LAWSUIT. OTHER THAN REPAIRS TO WORK DONE BY THE CONTRACTOR THAT ARE NECESSARY TO PROTECT THE LIFE, HEALTH, OR SAFETY OF PERSONS LIVING IN A RESIDENCE, OR TO AVOID ADDITIONAL SIGNIFICANT AND MATERIAL DAMAGE TO THE RESIDENCE PURSUANT TO SUBSECTION 10 OF SECTION 436.356, YOU MAY NOT INCLUDE IN CLAIMS AGAINST YOUR CONTRACTOR THE COSTS OF OTHER REPAIRS YOU PERFORM BEFORE YOU ARE ENTITLED TO FILE A LAWSUIT UNDER SECTIONS 436.350 TO 436.365.

KANSAS LAW CONTAINS IMPORTANT REQUIREMENTS YOU MUST FOLLOW BEFORE YOU MAY FILE A LAWSUIT FOR DEFECTIVE CONSTRUCTION AGAINST THE CONTRACTOR WHO CONSTRUCTED YOUR HOME. NINETY DAYS BEFORE YOU FILE YOUR LAWSUIT, YOU MUST DELIVER TO THE CONTRACTOR A WRITTEN NOTICE OF ANY CONSTRUCTION CONDITIONS YOU ALLEGE ARE DEFECTIVE AND PROVIDE YOUR CONTRACTOR THE OPPORTUNITY TO MAKE AN OFFER TO REPAIR OR PAY FOR THE DEFECTS. YOU ARE NOT OBLIGATED TO ACCEPT ANY OFFERMADE BY THE CONTRACTOR. THERE ARE STRICT DEADLINES AND PROCEDURES UNDER STATE LAW, AND FAILURE TO FOLLOW THEM MAY AFFECT YOUR ABILITY TO FILE A LAWSUIT. MISSOURI NOTICE TO OWNER: FAILURE OF THIS CONTRACTOR TO PAY THOSE PERSONS SUPPLYING MATERIALS OR SERVICES TO COMPLETE THIS CONTRACT CAN RESULT IN THE FILING OF A MECHANIC’S LIEN ON THE PROPERTY WHICH IS THE SUBJECT OF THIS
CONTRACT PURSUANT TO CHAPTER 429, RSMO. TO AVOID THIS RESULT YOU MAY ASK THIS CONTRACTOR FOR “LIEN WAIVERS” FROM ALL PERSONS SUPPLYING MATERIAL OR SERVICES FOR THE WORK DESCRIBED IN THIS CONTRACT. FAILURE TO SECURE LIEN WAIVERS MAY RESULT IN YOUR PAYING FOR LABOR AND MATERIALS TWICE.

KANSAS NOTICE TO OWNER: KANSAS LAW WILL ALLOW THIS SUPPLIER OR SUBCONTRACTOR TO FILE A LIEN AGAINST YOUR PROPERTY FOR MATERIALS OR LABOR NOT PAID FOR BY YOUR CONTRACTOR UNLESS YOU HAVE A WAIVER OF LINE SIGNED BY THIS SUPPLIER OR SUBCONTRACTOR. IF YOU RECEIVE A NOTICE OF FILING OF A LIEN STATEMENT BY THIS SUPPLIER OR SUBCONTRACTOR, YOU MAY WITHHOLD FROM YOUR CONTRACT THE AMOUNT CLAIMED UNTIL THE DISPUTE IS SETTLED.
CONSENT IS HEREBY GIVEN FOR FILING OF MECHANIC’S LIENS BY ANY PERSON WHO SUPPLIES MATERIALS OR SERVICES FOR THE WORK DESCRIBED IN THIS CONTRACT ON THE PROPERTY ON WHICH IT IS LOCATED IF HE IS NOT PAID.

A-1 Sewer and Septic Services, Inc. reserves the right to modify these conditions of contract from time to time in their sole discretion. Such modifications conditions however shall apply only to those Agreements executed subsequent to the date of the modification.