If you contract Benjamin Franklin Plumbing to do work for you, the following terms and conditions will apply to the sale.
The entire invoice is due upon completion of described work. Any payment not received within 10 days from completion of work is subject to interest at the highest amount lawfully allowed by contract in the state in which the work was performed until paid. If applicable, sales tax is included in the price. If Benjamin Franklin Plumbing commences litigation or employs attorneys to collect payment for any amount due it from Customer, Customer agrees to pay reasonable costs and attorney’s fees which may be due. If Customer’s check does not clear, Customer could be liable for more than the check amount plus the face value of the check and court costs. All parts will be removed from the Customer’s premises and discarded unless specified herein.
Customer agrees that they shall pay all expenses incurred by Benjamin Franklin Plumbing for the collection of any delinquent accounts including, but not limited to: all attorney’s fees, filing fees and costs. Any and all disputes arising out of this sale shall be interpreted under the laws of the the state in which the work was performed. Customer agrees to pay collection fees, reasonable attorney’s fees and court costs in the event of legal action. A monthly service charge of 1 ½% will be added after 10 days.
WARRANTIES AND LIMITATIONS ON WARRANTIES
Standard warranty is 2 years on labor and parts supplied by Benjamin Franklin Plumbing. Benjamin Franklin Plumbing warrants that wall work performed and parts and equipment which were installed in the servicing of the electrical unit(s) were completed in a workmanlike manner and that said work shall be free from defects in materials and workmanship for a period 365 days from date said work was performed or manufacturer’s warranties (except for the exclusions listed below). Benjamin Franklin Plumbing’s obligation for defective products and/or workmanship or any damage caused thereby, and Customer’s exclusive remedy, shall be limited, at Benjamin Franklin Plumbing’s option, to the replacement of any defective parts or workmanship or the refund of amounts paid by Customer for said service and shall be conditions upon Benjamin Franklin Plumbing receiving actual written noticed of said defect within the 365-day period noted herein. Items disclosed on invoice & declined by Customer or Customer supplied equipment may be excluded. These exclusions may have limited or no warranty if parts have been replaced by Benjamin Franklin Plumbing and not worked on by anyone else during warranty period or use of items that damage electrical parts supplied by us. Warranty period may be different if noted herein. (Warranty excludes stop-pages and customer supplied items). All warranty issues must be allowed to be inspected and approved by Benjamin Franklin Plumbing before any repair is made or warranty is voided. Warranty is not transferable. Not liable for damage caused by weather, normal maintenance items not reviewed by whomever, or manufacturer defects.
THE FOREGOING WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER EXPRESSED OR IMPLIED WARRANTIES (EXCEPT OF TITLE) FROM BENJAMIN FRANKLIN PLUMBING INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BENJAMIN FRANKLIN PLUMBING SHALL NOT BE SUBJECT TO AND DISCLAIMS (1) ANY OTHER OBLIGATION OR LIABILITIES ARISING OUT OF BREACH OF CONTRACT OR OF WARRANTY; (2) ANY OBLIGATIONS WHATSOEVER ARISING FROM TORT CLAIMS INCLUDING NEGLIGENCE AND STRICT LIABILITY OR ARISING UNDER THEORIES OF LAW WITH RESPECT TO PRODUCTS SOLD OR SERVICES RENDERED BY BENJAMIN FRANKLIN PLUMBING OR ANY UNDERTAKING, ACTS OR OMISSIONS RELATED THERETO; AND (3) ALL CONSEQUENTIAL, INCIDENTAL AND CONTIGENT DAMAGES WHATSOEVER.
RESTRICTION OF THE PERIOD LIMITATION OF ACTION
Any legal action relating to this Agreement or breach thereof shall be commenced within one (1) year from the date of the work. Consumer shall be deemed to have accepted all delivered goods which he has not rejected within three (3) years of receipt.
Any alterations, additions, adjustments or repairs made by others, unless authorized or agreed upon by Benjamin Franklin Plumbing, will be cause to terminate Benjamin Franklin Plumbing’s obligation under the contract.
EXCLUSION OF COURSE OF DEALING
It is agreed that no prior course of dealing or usage of trade not expressly set forth in this contract shall be admissible to explain, modify, or contradict this contract in any way.
All warranty work will be performed during normal business hours. Any Customer requiring warranty work not performed during regular business hours will be charged a service charge.