BLUE DIAMOND INDUSTRIES, INC.
TERMS AND CONDITIONS
THE FOLLOWING TERMS APPLY TO ALL SERVICES PERFORMED BY BLUE DIAMOND INDUSTRIES, INC. (“US”) AND THE CUSTOMER, PROPERTY OWNER OR PROPERTY OWNER’S REPRESENTATIVE AUTHORIZING WORK, INDICATED ON THE FRONT OF THIS INVOICE. (“YOU”)
1) You agree to (a) be responsible for obstructions, hazards, and dangerous conditions around the job site not related to our work. (b) accept all responsibility for any individuals who access the job site who are not working for us and are exposed to dangerous conditions or become injured. (c) place warning signs and devices to warn of dangerous conditions when we are not on the job site. (d) provide us with unobstructed access.
2) We are not responsible for (a) personal injury, property damage or other damage or loss to you or others arising out of our work, except to the extent caused by our negligence or failure to perform the work as prescribed by the contract between us; (b) damage to personal and real property necessary to complete our work Including: but not limited to, landscape, walls, floors, fixtures, ceilings, tile, concrete, or similar items; (c) the time required to complete our work; (d) damage caused by the removal of any clean out, drain cover, cap, tank lid, or, tasks we perform at your request; (e) damage, deteriorated, or defective lines, mold, lead piping, and other unexpected or undisclosed conditions, and the results of such conditions, including but not limited to delays, broken fixtures or lines, and lodge equipment. (If we encounter such a condition, we may stop work, and you will pay us a reasonable fee to cover the work performed).
3) You release us from (and if you are a commercial customer, you will defend and indemnify us and hold us harmless against) all damages, claims, demands, settlements, judgments, liabilities, cost and expenses, including reasonable attorney’s fees, allegedly arising out of a breach of your responsibility under paragraph 1, or (b) matters for which we disclaim responsibility under paragraph 2.
4) Our Guarantee, If we provide a parts or equipment guarantee, as your exclusive remedy, we will give you the benefit we receive, if any, under the manufacturer’s warranty. If we provide a service guarantee, it covers only drainage failures in the line serviced and defective plumbing workmanship, during the guarantee term. As your exclusive remedy under our service guarantee we will, at our option, either do the work again at no labor cost or refund your payment. Guarantees, do not apply to problems arising from backed up sewer or drain lines or improper, abnormal, or unanticipated use. Except as explicitly stated in writing, we are not giving any guarantees or making any warranties. WE DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
5) Our liability to you or any claim arising out of work on any job (other than a claim permitted by the terms for personal and bodily injury) will in no event exceed the amount you actually paid us for the work on that job. EXCEPT FOR A CLAIM PERMITTED BY THE TERMS FOR PERSONAL OR BODILY INJURY OR PROPERTY DAMAGE, YOU WAIVE ANY RIGHT TO RECOVER INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, OR DELAY DAMAGES.
6) You represent that you have the authority to order the work indicated. You personally guarantee payment for this work. It is agreed that we will retain title to all equipment and materials furnished until final and complete payment is made. And if settlement is not made as agreed, we shall have the right to remove same and we will be held harmless for damages resulting from the removal thereof.
7) These terms are part of our contractual agreement and will prevail over any inconsistent terms in any other agreement between us, including terms of any purchase order, and may be modified only in a written instrument signed by both of us which specifically refers to the provisions being modified. If any of these terms is held invalid or unenforceable, the remaining provisions will not be affected and will continue to apply.
After Hours Payment Policy
After Hours Payment policy for working after 6PM any day, weekends and Holidays.
Blue Diamond Industries, Inc. may require a credit or debit card deposit and or payment, prior to dispatching service during nights, weekends, and holidays. This price may change after physically inspecting the work to be performed.
