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We reserve the right to cancel this contract, and/or cease work, if payments thereon are not received when due. If nonpayment results in our cessation of work, you will be required to reimburse us for
<br />shut down, remobilization and startup costs before we resume work, and we will be issued a time extension to any penalty clause(s) which may apply, equal to the total number of days delayed by
<br />nonpayment. Final payment under this contract will be paid upon receipt of invoice. An interest charge of 1.5% per month will be assessed to all accounts 30 days or more past due. Customer shall be
<br />liable for all collection costs, including employee time and expenses, and all attorney’s fees and costs incurred in either collection and/or protection of our interests of past due accounts. The parties
<br />expressly agree that any forbearance by contractor from collecting interest due on customer’s account in a given case shall not be deemed a waiver, modification or other limitation on contractor’s right
<br />to collect such interest in future dealings with the customer herein, or any other customer.
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<br />Work to be completed within one hundred twenty (120) days from start date. If delayed beyond 120 days, and delay is not of City View Plumbing & Heating Company, Inc. making, the owner may be
<br />charged for any additional costs incurred, if any. It is also expressly agreed by customer that customer’s signature(s) shall be as legally binding as customer’s original signature(s).
<br /> Payment Terms: Any project in excess of $1000 we require a 50% down payment prior to scheduling the work with the remainder of the balance due upon receipt of the final invoice. Any project
<br />below $1000 dollars the balance of the project is due upon receipt of the final invoice.
<br />• Payment By Check: Checks can be made out to the following; City View Plumbing and Heating, P.O. Box 150, Long Lake, MN 55356
<br />• Payment By Card: We accept all major cards you can call the office to either pay by phone or receive a payment link to pay online. A 3.5% Credit card surcharge may be added.
<br /> Workmanship Warranty: All work to be performed in a professional manner according to standard practices. We warrant our workmanship against defects for a period of ONE YEAR from installation
<br />date.
<br />• Purging/Bleeding air from heating systems is a one time event. Subsequent need for additional purging/bleeding of air from system is not a warranty event.
<br />• In use of conventional repair efforts, City View is to be held blameless for any damage or destruction of customers’ deteriorated plumbing fixtures, piping, and/or appurtenances, which
<br />may no longer be serviceable.
<br />• City View provides no warranty on repairs made to antiquated plumbing fixtures and or heating appliances due to their age.
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<br />Material Warranty: Materials furnished and installed by City View includes a 6-month labor warranty, from date of installation, to resolve any defective issues with those materials. After such time, we
<br />agree to pass on to customer any warranties that may be extended by the manufacturer(s) of the material supplied by us. We shall not be responsible for materials damaged, lost or stolen after
<br />delivery into owner’s possession, through no fault of ours, or for failure to deliver and perform because of reasons beyond our control.
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<br />Material Warranty Exclusion: We provide no product/workability/labor warranty on product, material(s) and/or fixtures/appliances supplied by others, other than to ensure they are properly installed.
<br />Additional charges will be added for incurred costs to address, attend to and/or solve any problems with the fixtures/materials supplied by others. This includes, but is not limited to missing parts,
<br />incorrect parts, incorrect fixtures, fixture/material delivery delays, defective parts, defective fixtures, workability issues, providing professional fixture-selection guidance to owner etc. When encountered,
<br />a non-negotiable Change Order will be issued to which all expense incurred as a result will be billed over- and-above the Base Contract Price quoted herein.
<br />Fixture Selection: Color/Finish/Items of Dislike: Finishes and color vary from manufacturer to manufacturer. Customer accepts full responsibility for their selection including any/all communication
<br />between them and showroom personnel including after-the-fact personal dislike issues with selected items. Price credit resolutions will be passed on to customer upon City View’s receipt from vendor.
<br />Further, it is understood and agreed that non-special -order items of dislike or received/ordered-in-error fixtures are returnable, but in doing so, all expense incurred by City View resulting in the return,
<br />i.e. labor, handling, restocking charges (15-30%) etc., will be billed as an automatic non- negotiable Change Order to the quoted prices herein.
<br /> FREIGHT, DELIVERY, SHIPPING/HANDLING CHARGES:
<br />If any are incurred, they will be billed in addition to quoted price(s) herein as an automatic Change Order to this contract.
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<br />Counter Top Furnished/Installed by Others: Tight holes in the new countertop resulting in additional unplanned labor due to the forced abnormal installation of fixtures onto and through the new
<br />countertop will be billed as an automatic Change Order to this contract as it is incurred.
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<br />Plan Errors/Omissions: This contract is based solely and completely on specifications actually
<br />submitted to, or compiled by, City View Plumbing & Heating Company, Inc. at the time of the drawing of this Specification and Contract. General plans and specifications not actually submitted, shall
<br />not apply. Additional expense incurred resulting from plan errors and omissions will constitute immediate ADD Change Orders to this contract. This event will not warrant a signed Change Order due
<br />to the fact that our pricing is based solely on the furnished plans. This contract, when accepted, shall be the complete agreement between the parties.
<br /> SPECIFIC EXCLUSIONS:
<br />• Hidden Conditions: Elements of the existing structure currently hidden and undiscovered within the unopened walls, ceilings, floors that would require alterations, relocation etc., and/or unusual and undisclosed conditions, or deviations from the above specifications that would require relocation due to the design are not included as part of this contract and shall result in an additional charge over and above the base contract price set forth herein.
<br />• Winter Conditions: Additional costs incurred by City View directly related to winter conditions will constitute a Change Order to this contract, as attention to such has not been included in the pricing of this contract unless specifically mentioned. Tasks would include, but are not limited to providing temporary heat, additional costs incurred relating to frozen ground conditions; measures needed for freeze protection, etc.
<br />• Inability to Perform: Delays or impossibility of performance by City View Plumbing & Heating Company, Inc. because of strikes, accidents, or other reasons beyond the control of City
<br />View Plumbing & Heating Company, Inc. shall relieve us from all liability herein.
<br />• Subcontract Work: Unless otherwise specified, this contract shall cover only plumbing, heating, and/or air conditioning. This specifically excludes carpentry, plastering, painting, patching,
<br />concrete floor sawing/break- up and replacement, line- voltage wiring, debris removal, old equipment or fixture removal etc., unless specifically listed within descriptions of work included.
<br />• Clean up: We include broom cleaning our work area only. If additional cleaning is requested or required over and above the included broom cleaning, the additional expense incurred will be
<br />billed as an ADD Change Order to this contract.
<br /> Fees: Engineering fees, or any additional fees that may be required by a governmental authority, the architect, or the owner, shall be charged as an extra to the price set out in this contract.
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<br />Soil: Unless otherwise specified, the price quoted herein assumes good soil conditions suitable for the type of plumbing or heating installation required. If rock, fill, water, frozen soil, or other unsuitable
<br />soil conditions are encountered requiring additional labor costs and/or special equipment such as jack hammers, rock drills, casings, ditch pumps, etc., when encountered will constitute an immediate
<br />Change Order to this contract and will be billed as an extra charge to same.
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<br />Change Orders: Any alteration or deviation from the preceding Specification and Contract, involving extra cost(s), will be executed only upon written change order(s) signed by both parties. Additional
<br />charges associated with such change order(s), if applicable, will be added to the total sum of the original Specification and Contract.
<br />Asbestos: This contract is conditioned on the inclusion of the following contract language:
<br />2) The work shall not include the detection, abatement, encapsulation, or removal of asbestos, or
<br />the removal of products, materials, or equipment containing asbestos, unless specifically listed within descriptions of work included. 2) This clause shall govern any conflicting or inconsistent clause of
<br />the General Contract, general conditions of the contract, special conditions, technical conditions, plans or specifications. 3) In the event we encounter any asbestos product or materials in the course of
<br />performing this work, we shall have the right to discontinue the work and remove our employees from the project, or that portion of the project wherein such product or material was encountered, until
<br />such product or materials and hazards connected therewith are abated, encapsulated and removed, and/or it is determined that no hazard exists ; further, we shall receive an extension of time to
<br />complete our work, compensation for delays encountered and compensation for any change in the sequence or method of our work occasioned as a consequence of said encounter
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<br />Insurance: Owner agrees to carry fire, tornado and other necessary insurance. City View Plumbing & Heating Company, Inc. carries comprehensive business insurance, including full employee
<br />Worker’s Compensation Insurance.
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<br />Lien Notice: We are authorized by law to provide you with this notice. You are, therefore, hereby notified that: A) Any person or company supplying labor or materials for this improvement to your
<br />property, may file a lien against your property if that person or company is not paid for the contributions; B) Under Minnesota law, you have the right to pay persons who supplied labor or materials for
<br />this improvement directly, and deduct this amount from our contract price, or withhold the amounts due them from us until 120 days after completion of the improvements, unless we give you a lien
<br />waiver signed by persons who supplied any labor or material for the improvement, and who give you timely notice.
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<br />A $30.00 fee, per occurrence, will be charged for returned checks.
<br />An interest charge of 18% per annum, 1.5% per month, will be assessed to all past due balances. Customers shall be liable for all collection costs, including employee time and expenses, and all
<br />attorney’s fees and costs incurred in either collection and/or protection of our interests of past due accounts. The parties expressly agree that any forbearance by City View from collecting interest due
<br />on customer’s account in any given case shall not be deemed a waiver, modification or other limitation on City View’s right to collect such interest in future dealings with the customer herin, or any
<br />other customer.
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