RESPONSIBILITIES AND REPRESENTATIONS OF CUSTOMERS 

Customers represents that all water and waste disposal systems are in good repair and condition and agrees to hold Drain Surgeons ("company") harmless for the discovery of any of the following defective conditions: Leaky or defective traps, Hidden or unknown lead piping, Improper or faulty plumbing; Rusted or defective pipes; Corrosion or unusual restrictions due to minerals or hand water buildup; Cleaning chemicals such as lye, sulfuric acid, etc.; Lines which are settled, broken, deteriorated, or damaged; Existing illegal conditions; Defective roofing. Customer shall indicate all property lines and Customer authorizes access through other properties for Company's use during work. Where access through other properties is required, Customer is required to obtain permission therefore and agrees to be responsible for and to hold Company harmless from any risks thereof. 

Customer shall secure work site and prevent entry thereon by children and animals. 

Customer is required at his expense to do all work and other acts to meet all conditions necessary to allow company to complete the work as provided in this agreement. 

RESPONSIBILITIES OF COMPANY - CONITIONS AND LIMITATIONS

Company shall do all work in a good and workman like manner. However, this responsibility shall not create any obligation which would expand Company's obligations under the limited warranty.

Company's obligations under the limited warranty. 

Company is not responsible for any existing illegal conditions. 

Company is not responsible for any damage caused by the removal of the clean out cap or drain cover. If, in the opinion of Company, a clean out cap, drain cover or housing is so rusted, broken or fastened as to require its replacement after removal. Company shall notify customer. If Customer authorizes replacement thereof, it shall be made at an additional charge. If Customer refuses to authorize replacement, Company shall not be responsible for damages thereafter resulting from sewer, gas, back-ups, or other leaks through such cap, cover, housing or opening caused by rain or other causes. Company is not responsible for toilets damaged during cleaning unless so indicated on the face thereof. 

LIMITED WARRENTY 

Company warrants its work to be free from defects in materials and workmanship for the warranty period set forth on the face hereof. All warranties are void if payment is not made when due. 

Warranties hereafter extend only to 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 and defect. In no event shall Company be held liable for water or other damage caused by any delay in remedying a defect in remedying a defect. To obtain warranty performance, notify Company of any defect or claims for breach at the address and telephone number on the face hereof. 

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EXCLUSIONS AND LIMITATIONS: CUSTOMER'S RIGHT OR TRPAIR AND REPLACEMENNT ARE THE EXCLUSIVE REMEDIES AND COMPANY SHALL ONT BE LIABLE FOR INDIDENTAL OR CONSEQUENTAL DAMAGES RESULTING FROM THE MATERIALS PROVIDED FOR INN THIS AGREEMENT.

 

Company is not responsible for the following which are excluded from the coverage of this limited warranty: Commercial or industrial waste; Lines unless so indicated on the face hereof; Defective conditions listed under the above "Responsibilities and Representations of the Customer," Work performed by or materials installed buy others not in this Agreement; Defects and failures from mistreatment or neglect; Defects and failures from intervening causes including, but not limited to, improvement causing heavy weight upon sewer lines and plants growing into sewer lines; Removal of excess root penetrations which cannot be removed by typical sewer cleaning equipment but require special heavy equipment. 

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THIS LIMITED WARRANTEE IS THE ONLY EXPRESS WARRANTY COMPANY GIVES IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNNESS FOR A PARTICULAR PURPOSE, ARE LIMITED TO A DURATION OF 30 DAYS FROM THE DATE OF COMPLETION. 

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PROTECTION OF CUSTOMERS PROPERTY

Customer agrees to remove or to protect any personal property, inside and out, including, but not limited to carpets, rugs shrubs, and plants, and Company shall not be held 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 and other appurtenances to the residents of other real property. Company shall not be held responsible for damage to personal property or any improvements to real property caused by persons delivering materials or equipment or keeping gates and doors closed for children and animals. 

ATTORNEY'S FEES 

If an arbitration or an action at law or in equity, including an action for declaratory relief is brought to enforce or interpret the provisions of this Agreement, including the collection of any unpaid balance, the prevailing party shall be entitled to reasonable attorney's fees in addition to any other relief to which the prevailing party may be entailed. 

ENTIRE AGREEMENT 

This is the entire Agreement. The parties are not bound by any oral expression or representation by any agent purporting to act for or on their behalf or by any commitment or engagement not set forth herein. This Agreement binds jointly and severally all signing as customer, their heirs, representatives, successors and assigns.