THESE TERMS OF SERVICE agreed to as referenced in the signed cost estimate Bid (the “Bid”) between ProPlumbing & Heating, LLC. (“ProPlumbing”), a Pennsylvania Limited Liability Company and the client named and signed to the agreed to bid (“the Client”).
§ 1. SCOPE OF WORK. The scope of work of the Bid shall be limited to the explicit scope of work evidenced by the writing of the Bid. Any work agreed to, orally or in writing, contemporaneously or after this Bid shall be a new agreement at additional cost to the Client.
§ 2. LOCATION OF WORK PERFORMED. All work performed, as described in the Scope of Work, shall be performed at the address described in the Bid. No work entailed in this Agreement shall be performed outside of the confines of the location of work performed.
§ 3. COST ESTIMATE. The cost estimate for the Scope of Work of this Agreement is described within the Bid and the total cost of the Scope of Work shall not exceed the cost estimate plus 10%. The cost estimate is restricted to the Scope of Work & any work, or change orders, requested by the Client excluded from this contract is subject to § 4.
§ 4. ADDITIONAL WORK NOT IN SCOPE. Any work requested by Client outside of the contract’s Scope of Work is not included in the price of this contract. Additional work shall be billed at a rate of $95 per hour per plumber and cost of material with a 20% upcharge and shall be invoiced upon completion of Client requested work.
§ 5. TRIM FINISH. ProPlumbing trims with all chrome valves, cover-plates, plastic trap, and no-burst supply lines & chrome supply lines. Customer is responsible for all fixtures, faucets, & any finishes other than chrome needed on shut-off valves, supply lines, & traps.
§ 6. EXCAVATION & UNDERGROUND OBSTRUCTIONS. During excavation work included in this contract, should unforeseeable underground debris or obstructions be encountered, a work change order will be required for the additional cost of clearing the debris or obstructions for the excavation area. Should water, gas, electrical, or any other utility or structural feature be encounter due to either a mismarking or lack of marking prior to this bid, a work change order may be required for additional cost of excavation due to obstruction.
§ 7. PAYMENT SCHEDULE. The total sum of this Agreement shall be paid in 4 equal payments at the acceptance of, during the course of, and at the conclusion of, the work described in the Scope of Work, unless specified otherwise in the Bid. The 1st payment is made at the time this Agreement is signed & attested by the Client. The 2nd and 3rd payments will be billed by ProPlumbing during the course of the work as described in the Scope of Work. The 4th & final payment will be billed and paid within 30 days of the completion of the work as described in the Scope of Work.
§ 8. PAYMENT METHODS. The acceptable methods of payment can be by cash, personal or business check, money order, cashiers or treasurer’s check, ACH, or credit or debit card. Payment by credit or debit cards are subject to a 3% (Three Percent) convenience fee added onto the balance of the cost estimate. ProPlumbing may waive all or part of the fee at its discretion.
§ 9. PLUMBING CONTRACTOR COMMUNICATION.
ProPlumbing & Heating, LLC.
192 Sandy Creek Rd., Suite # 101
Pittsburgh, PA 15147-1728
412 – 897 – 9070
§ 10. PLUMBING CONTRACTOR LICENSING & REGISTRATION. ProPlumbing is registered with the Commonwealth of Pennsylvania through the Office of the Attorney General as a Home Improvement Contractor. ProPlumbing’s HIC number is PA010594. To contact the Pennsylvania Office of the Attorney General to verify a Home Improvement Contractor registration, you may call toll-free 1-888-520-6680 or at hicsearch.attorneygeneral.gov. ProPlumbing is licensed by the Allegheny County Health Department with Master Plumber Eugene R. Polacek & our Health Permit number is HP00422.
§ 11. INDEMNIFICATION. The Client agrees to indemnify and hold harmless ProPlumbing, its successors and assigns, from and against any and all loss, damage, cost, or expense, including attorneys’ fees, sustained by reasonable course of business.
§ 12. FORCE MAJURE. If this Agreement should be made impossible or the purpose frustrated through no cause or fault of the affected party, the affected party may terminate this Agreement by written notice to the other party. Upon receipt of such notice, no further payment or performance shall be due to either party. Events that shall constitute events of impossibility or frustration of purpose shall include natural disasters, pandemics, endemics, a fire that is not caused intentionally or by negligence, a state of emergency declared by the respective authority, destruction or condemnation of Clients’ location of work or ProPlumbing’s offices or warehouses, supply chain disruptions, or an economic crisis declared by a proper governmental authority.
§ 13. TERM. The term of this Agreement shall begin upon the execution of the written Agreement, or in the absence of a written agreement, the date that work began, and continue until terminated at the completion of all work within the Scope of Work, by mutual written agreement of both parties, and is not to exceed more than one-year from the date of this Agreement.
§ 14. RIGHT OF RECISSION. The Client has the right to rescind the contract without penalty within 3 (three) business days of the date of signing, as provided in 73 P.S. §517.7(b) and except as provided in 73 P.S. § 201-7.
§ 15. ENTIRE AGREEMENT. This Agreement constitutes the complete and exclusive agreement between the parties and supersedes all prior agreements or understandings between ProPlumbing and the Client. Any amendment or alterations of this agreement must be in writing & agreed to by both parties.
§ 16. GOVERNING LAW. This Agreement is governed by the laws of the Commonwealth of Pennsylvania. Any dispute arising from this Agreement is subject to the jurisdiction of the Commonwealth of Pennsylvania & Allegheny County.
Updated September 6th, 2023
ProPlumbing & Heating LLC