Terms/Conditions

For all terms/conditions listed below, “client” refers to the homeowner, contractor or person doing business with Luke Shea Plumbing & Heating Inc; “Contractor” or “Plumber” used interchangeably refers to Luke Shea or persons employed under Luke Shea.

General Contract Terms

1. All work shall be performed in accordance with local, state, and national ordinance and building code.
2. Plumber agrees to provide a service proposal/estimate to the client prior to the start of work.
3. Plumber agrees to perform the scope of work outlined in the contract and nothing more unless otherwise agreed upon.
4. Client will provide all plumbing fixtures and appliances for finish and rough-in (faucets, toilets, dishwasher, shower bodies, etc.) unless specifically stated in the service contract or otherwise agreed upon.
5. Plumber agrees to furnish all equipment, materials, and labor necessary to complete the plumbing services listed in the contract’s scope of work, unless otherwise stated.
6. The Contractor shall perform all plumbing work in a professional, timely and quality manner. No work not expressly listed in this plumbing contract shall be performed without written consent from the Client.
7. The contractor reserves the right to forfeit this contract and end work at any time. Client reserves the right to forfeit this contract and end work at any time, as long as work performed is prorated and paid in full at the time of forfeit.
8. Any changes to the work stated in this contract will result in the formation of a new contract and will make this contract null and void or will result in an additional charge agreed upon by both parties. With changes to the contract, the client should expect subsequent changes in the price of services.
9. Contractor will not be responsible for installing any dryer vents on premises.
10. The contractor is not responsible for purchasing any electrical components or any electrical wiring of plumbing/heating/gas systems or fixtures.
11. Contractor can add terms or conditions at any time.
12. Client can request any alterations to these terms/conditions at any time, however they will not take effect without signed, written agreement by contractor.
13. Any discrepancy or conflict of interest due to terms & conditions across multiple contracts should be determined and mitigated at time of signing and my therefore void one (1) or more of the terms & conditions herein.

Limitation of Liability

14. The contractor’s liability shall be outlined in the insurance policy of the contractor.
15. Proof of insurance can be requested through email or by phone. Please allow at least 48 hours for documentation.
In addition:
      a) The contractor will not hold any responsibility for any damage suffered to a part of any property where the damage is in whole or in part a consequence of a defect or weakness in that part of the property.
      b) The contractor cannot accept responsibility for any damage to wallpaper, paintwork, tiles, carpet, furniture etc. Any silicone work does not carry any guarantee.
      c) It is the responsibility of the customer to protect items of furniture, furnishings, fixtures and fittings. We will make reasonable efforts not to cause damage. It is suggested that the client remove items that is considered to be a problem. If items remain within the working area, it is the responsibility of the client to cover and protect.

Defects/Returns

16. The Client shall inspect the Goods on delivery and shall, within one (1) month of delivery, notify the Contractor of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote.
17. The Client shall afford the Contractor an opportunity to inspect the Goods within a reasonable time following delivery if the Client believes the Goods are defective in any way.
18. If the Client shall fail to comply with the provisions outlined in lines 16 & 17 of these terms, the Goods shall be conclusively presumed to be in accordance with the manufacturer’s terms and conditions and free from any apparent defect or damage.
19. For defective Goods, which the Contractor has agreed in writing that the Client is entitled to reject, the Contractor’s liability is limited to either (at the Contractor’s discretion) replacing the Goods or repairing the Goods provided that:
      a. the Client has complied with the provisions of line 1 of this section.
      b. the Plumber will not be liable for Goods which have not been stored or used in a proper manner;
      c. the Goods are returned in the condition in which they were delivered and with all packaging material, brochures and instruction material in as new condition as is reasonable possible in the circumstances.

Warranty

20. The Contractor warrants that if any defect in any workmanship manufactured by the Contractor becomes apparent and is reported to the Contractor within one (1) year of the issued date of Certificate of Occupancy then the Contractor will either (at the Contractor’s sole discretion) repair the defect or remedy the workmanship. The conditions applicable to this warranty are:
       a. The warranty shall not cover any defect or damage which may be caused or partly caused by or arise through:
                  i. Failure on the part of the Client to properly maintain any Goods; or
                  ii. Failure on the part of the Client to follow any instructions or guidelines provided by the Contractor; or
                  iii. The continued use of any Goods after any defect becomes apparent or would have become apparent to a reasonably prudent operator or user; or
                  iv. Fair wear and tear, any accident or act of God.
       b. The warranty shall cease, and the Contractor shall thereafter in no circumstances be liable under the terms of the warranty if the workmanship is repaired, altered or overhauled without the Contractor’s consent.
       c. In respect of all claims the Contractor shall not be liable to compensate the Client for any delay in either replacing or repairing the workmanship/Goods or in properly assessing the Client’s claim.
       d. For goods not manufactured by the Contractor, the warranty shall be the current warranty provided by the manufacturer of the goods.
21. The Contractor shall not be bound by nor responsible for any term, condition, representation or warranty given by the manufacturer of the Goods.

Payment Terms

22. The Client agrees to make full payment for the amount agreed upon either verbally or explicitly listed on estimate/service proposal.
23. Client agrees to pay amount due within 30 days of the project’s completion by the Contractor.
24. Client agrees to pay in the form of cash, check, money order, or electronic money transfer (cashapp, zelle, venmo, etc.).
25. After 30 days, if the balance is not yet paid, contractor reserves the right to charge a late fee in the amount of 2.5% of the original balance due each day the balance remains unpaid.
26. If after 90 days the client fails to pay the balance due, the Client hereby grants the contractor the right to seek remedies either through arbitration or through a court with the appropriate jurisdiction, or to file a lien against the Client’s property for the amount due including any late fees accrued. If remedies are sought through the judicial system, customer is liable for all fees charged to the client or the contractor associated with the process, including attorney’s fees for both parties.