The Water Heater Guy – Terms & Conditions
These Terms and Conditions apply to The Construction Guy, Inc., a California Corporation, doing business as The Water Heater Guy ("Contractor"), and the property owner or authorized agent ("Customer").
1) GENERAL TERMS AND CONDITIONS SUMMARY
These Terms and Conditions govern the services provided by Contractor. Additional written provisions may apply depending on the specific work performed. These Terms and Conditions apply to the current Agreement and may be updated for future Agreements without prior notice.
2) SITE CONDITIONS
a. Customer shall secure any required permissions for access to neighboring properties if required for completion of the work and shall hold Contractor harmless from claims arising from such access, except to the extent caused by Contractor’s negligence or willful misconduct.
b. Customer is responsible for protecting personal property and valuables in and around the work area. Contractor shall not be responsible for damage to unsecured or unprotected personal property not directly caused by Contractor’s negligence.
c. Customer shall provide safe and unobstructed access to the work area. Additional charges may apply if access is restricted or unsafe conditions exist.
3) LIMITED WARRANTY
a. Contractor Labor and Workmanship Warranty
Contractor warrants its installation labor and workmanship to be free from defects for one (1) year from the date of completion, unless a longer warranty period, such as two (2) years, is specifically stated in the Customer's written Agreement or estimate.
This warranty applies only to labor and workmanship performed by Contractor and does not extend or modify any warranty provided by an equipment or component manufacturer.
Warranty obligations are suspended until all amounts due under the Agreement have been paid in full. This warranty is provided only to the original Customer and is not transferable.
b. Manufacturer Warranties
Water heaters, tanks, heat exchangers, parts, controls, and other equipment or components may be covered by separate warranties provided by their respective manufacturers. Manufacturer warranty periods and coverage vary by product and may include separate coverage periods for the tank, heat exchanger, parts, and manufacturer-authorized labor.
All manufacturer warranties are subject to the manufacturer's terms, conditions, exclusions, registration requirements, maintenance requirements, and warranty-claim procedures. Contractor does not control and cannot modify, extend, guarantee, or approve coverage provided by a manufacturer.
c. Manufacturer Warranty Labor
A manufacturer's warranty on a water heater, tank, heat exchanger, part, or component does not necessarily include labor to diagnose, remove, replace, reinstall, or service the warranted item.
Unless labor is covered by Contractor's applicable labor/workmanship warranty or specifically authorized and paid by the manufacturer, Customer is responsible for Contractor's applicable diagnostic, service, labor, travel, shipping, and related charges associated with a manufacturer warranty claim.
Any manufacturer labor allowance or reimbursement is limited to the amount and work specifically authorized by the manufacturer. Charges exceeding the manufacturer's allowance are the responsibility of Customer.
d. Warranty Exclusions
Contractor's labor and workmanship warranty does not cover failures, damage, or service resulting from conditions unrelated to Contractor's workmanship, including but not limited to normal wear and tear; misuse or abuse; lack of required maintenance; water quality, scale, sediment, or corrosion; excessive or improper water pressure; utility interruptions or irregularities; electrical, gas, plumbing, venting, or other systems not installed by Contractor; alterations or repairs performed by others; manufacturer defects; or acts of God, including earthquakes and floods.
Contractor is not responsible for normal operational noise or vibration produced by manufacturer equipment or components.
e. Warranty Service
If a defect covered by Contractor's labor and workmanship warranty occurs, Contractor will remedy the covered defect with reasonable promptness during normal business hours.
Customer must notify Contractor of the condition and provide Contractor a reasonable opportunity to inspect and correct the alleged defect before repairs are performed by another party. Contractor is not responsible for reimbursement of work performed by others unless authorized by Contractor in writing.
Customer must take reasonable steps to prevent or mitigate additional damage.
f. Warranty Service Contact
To request warranty service, Customer must contact Contractor at:
The Water Heater Guy
(562) 600-9949
10650 Reagan St. #885
Los Alamitos, CA 90720
g. Limitation of Liability
To the fullest extent permitted by applicable law, Contractor's total liability for any claim arising from the Agreement shall not exceed the amount paid by Customer for the work giving rise to the claim. Contractor shall not be liable for lost profits, incidental damages, indirect damages, consequential damages, or damage resulting from Customer's failure to reasonably mitigate a known condition.
4) UNFORESEEN CONDITIONS
a. If concealed or unknown physical conditions are encountered at the job site which differ materially from those visually observed, Customer agrees to accept responsibility for such conditions and agrees to pay for additional labor and materials required to complete the work.
Customer also agrees to pay for repair of Contractor equipment damaged by such conditions.
b. Customer agrees to hold Contractor harmless and shall indemnify and defend Contractor and its employees and agents from and against claims, damages, losses, and expenses arising out of unforeseen or concealed conditions except to the extent caused by Contractor’s gross negligence or willful misconduct.
c. Hazardous Materials
Contractor has no information regarding the presence of asbestos or hazardous materials at the property and has not conducted any investigation.
Contractor does not perform hazardous material removal and shall not be responsible for damages or costs arising from the presence, release, or removal of hazardous materials.
If hazardous materials are discovered, work will stop until remediation is completed at Customer’s expense in accordance with applicable laws.
d. Maintenance Agreements
If a scheduled maintenance visit is not performed for any reason, Contractor’s liability shall not exceed the amount paid by Customer for the maintenance agreement.
5) RECOMMENDATIONS DECLINED
Contractor shall not be responsible for failure of components or systems that Customer declined to repair or replace after recommendation by Contractor.
6) LICENSE, PERMITS, AND FEES
a. Unless otherwise specified in writing, Customer is responsible for permit fees and related costs.
Contractor will obtain permits when authorized by Customer.
If Customer declines permits, Customer assumes responsibility for any resulting code compliance issues or requirements.
Customer acknowledges that permits may be required by local jurisdiction for certain work.
b. Customer shall provide reasonable access to the property for inspection by administrative authorities. Additional charges may apply if access is not provided.
c. If administrative authorities require additional work not included in the original Agreement, such work shall be the responsibility of Customer. Contractor will provide a separate quote for additional work.
d. Customer shall promptly forward to Contractor any notices received from administrative authorities relating to work performed.
7) PAYMENT
a. All work is performed at a fixed price unless otherwise specified. The quoted price includes materials, labor, and applicable taxes. A detailed breakdown is not provided.
b. Payment for the work described in the Agreement shall be due upon completion of the work regardless of inspection scheduling.
c. No deductions shall be made from payments due to Contractor for alleged defective work or other claims.
Payment when due is a condition for Contractor continuing work under this Agreement. Failure to pay when due entitles Contractor to suspend or terminate work immediately.
d. If work is terminated for non-payment, Contractor shall be entitled to payment for labor, materials, overhead, and reasonable profit as allowed by California law.
8) TERMINATION AND CANCELLATION
In the event of a dispute, Contractor may terminate work immediately and shall be entitled to payment for all services rendered including labor, materials, overhead, and reasonable profit.
If Customer cancels after signing but before work begins, Contractor is entitled to a cancellation fee equal to 10% of the contract price or $1,000, whichever is less.
If Customer cancels after work has commenced, Contractor is entitled to payment for work performed or 10% of the contract price, whichever is greater.
9) NOTICE OF DEFECTIVE WORK
Customer shall inspect the completed work and notify Contractor of any alleged defects within a reasonable time after discovery.
Contractor shall have the first opportunity to repair any alleged defective work.
Failure to allow Contractor the opportunity to repair shall void all warranties.
Customer shall not withhold payment for alleged defective work.
Contractor is not responsible for reimbursement for work performed by others.
10) SERVICES NOT COVERED
Contractor will perform only the work specifically described in the Agreement.
Unless specified in writing, Contractor does not perform carpentry, drywall, tile work, painting, landscaping, masonry, roofing, paving, mold remediation, asbestos removal, or structural repairs.
Repair or replacement of finishes including paint, plaster, stucco, flooring, and landscaping is the responsibility of Customer unless otherwise stated.
11) SCOPE OF AGREEMENT
This Agreement represents the entire agreement between Contractor and Customer and supersedes all prior discussions and agreements.
This Agreement may only be modified by a written document signed by both parties.
12) MEDIATION AND ATTORNEY FEES
Contractor and Customer agree to attempt in good faith to resolve any dispute arising from this Agreement through mediation before filing legal action.
Mediation shall take place in the county where the work was performed unless otherwise agreed.
If mediation is unsuccessful, either party may pursue legal remedies.
In any legal action arising out of this Agreement, the prevailing party shall be entitled to reasonable attorney fees and costs as allowed by California law.
13) FORCE MAJEURE
Contractor shall not be liable for delays or failure to perform caused by events beyond Contractor’s control including but not limited to material shortages, weather, labor shortages, utility interruptions, or government actions.
14) DOCUMENTATION AND PHOTOGRAPHS
Customer grants Contractor permission to photograph the work for documentation and quality control purposes. Photographs will not include personal identifying information.