DRAIN CLEANING HOLD HARMLESS AGREEMENT

Important Note: Quinn’s Service Company and its affiliates will not take any responsibility for any damage to the pipes or drain and sewer lines and any other damage arising in the course of cleaning any drain or sewer lines and does not assume any responsibility for breakage of any toilet, trap, fixture, drain pipe or similar item while being pulled or damages to property from the new or defective replacement items manufactured by others.

THIS INFORMATION IS PROVIDED BY QUINN’S SERVICE COMPANY ON AN "AS IS" BASIS. QUINN’S SERVICE COMPANY MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES OF ANY KIND, AS TO THE CONTENT, INFORMATION, MATERIALS OR PRODUCTS INCLUDED HERE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, QUINN’S SERVICE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. QUINN’S SERVICE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RESULTING FROM THE USE OF THIS INFORMATION, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. QUINN’S SERVICE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES THAT MAY RESULT FROM MISREPRESENTATION OF INFORMATION CONTAINED HEREIN. QUINN’S SERVICE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS.

AUTHORIZATION OF WORK

PAYMENT OF OUR INVOICE/CONTRACT IS DUE UPON COMPLETION OF WORK. THE AUTHORIZATION TO PROCEED WITH THE RECOMMENDATION MENTIONED BY QUINN’S SERVICE COMPANY EXPERT WILL BE SIGNED BY THE OWNER OR AUTHORIZED REPRESENTATIVE OF THE OWNER OR THE TENANT of the premises at which the work will be done. A monthly service charge of 1 1/2% will be added after 10 days. You might hold reasonable for the attorney's fee and court costs in the event of legal action. If the check does not clear, you could be liable for 3 times the amount of the payment, in no case more than $1,500 and in no case less than $100, plus the face value of the check and court costs as allowed by Pennsylvania Law. The Down Payment will be obtained once the contract is signed and the homeowner or it's representative or tenant authorizes work. The down payment may not exceed $ 500.

 SIGNED CONTRACT

You are entitled to a signed copy of this agreement, before any work may be started. The law requires that the Quinn’s Service Company gives you a notice explaining your right to cancel. Initial below if the Quinn’s Service Company has given you a "Notice of the Three-Day Right to Cancel".

(initial) ____________

 

THE ACCEPTANCE OF WORK PERFORMED

Once the services and materials rendered and installed in connection with the work mentioned on the (HIC) Home Improvement Contract are completed in a satisfactory manner. You here by agree that the amount set forth on the (HIC) Home Improvement Contract in the space labeled "TOTAL" to be the total and complete contract price/minimum charge. You will be held responsible to pay reasonable attorney's fee and court costs in the event of legal action. A monthly service charge of 1 1/2% will be added after 10 days if the payment is not received.

After the work is done at your home or property a free in home no obligation inspection will be offered. The inspection will be performed with the intent to expose all plumbing and drain problems but by no means carries any warranty. Neither Quinn’s Service Company and its affiliates, any entity associated with Quinn’s Service Company , nor the service expert performing this inspection shall be liable for any damages which may arise from any identified or unidentified plumbing or drain problem but shall be the responsibility of the property owner.

TERMS

DEFINITIONS

    1. The term "QUINN’S SERVICE COMPANY" herein refers to Quinn’s Service Company AND ITS AFFILIATES.
    2. The term "CLIENT" herein refers to person/agent whom the QUINN’S SERVICE COMPANY is rendering its services.

SITE CONDITIONS

  1. If QUINN’S SERVICE COMPANY must obtain access to other properties in the course of work, CLIENT shall secure permission for such and hold harmless and indemnify QUINN’S SERVICE COMPANY and its employees and agents against all actions and consequences arising or relating to the use of said properties, including but not limited to damage done in the normal course of work, excluding negligence, and for securing said property and its contents during and after work.
  2. CLIENT shall secure, remove and protect all property, and its contents, including but not limited to adults, children, animals, cabinets, fixtures flooring, walls, tiling, carpets, drapes, furniture, and vegetation during and upon completion of work, and shall hold harmless and indemnify QUINN’S SERVICE COMPANY, its employees and agents against all claims arising out of CLIENT'S failure to do so.

LIMITED WARRANTY

  1. QUINN’S SERVICE COMPANY warrants its materials and workmanship to be free from defects as follows, unless otherwise specified in writing. This warranty does not cover faults caused by misuse; negligence; or damage caused by acts of God including, but not limited to earthquake’s, fire and the like. In the event that a manufacturer offers a warranty, said warranty shall negate and supersede QUINN’S SERVICE COMPANY'S warranty. This warranty is the only warranty by QUINN’S SERVICE COMPANY to CLIENT, and is in lieu of all other warranties, expressed or implied.
  2. With respect to Quinn’s Service Company’s Drain Cleaning service, the Company offers a $93 Drain Cleaning for all residential (homeowner) clients at all times, on any Main Line (Sewer) or Secondary Line (Drain). NO COUPON is needed for this heavily discounted price, and a One Year warranty is provided as long as the conditions set forth below are met.
  3. The $93 Drain Cleaning is available to all clients without a coupon, and the Service Expert is to take the initiative and provide the special
  4. The $93 Drain Cleaning Service presumes an easy access point. Any difficulty in gaining access to the system (for example if the toilet needs to be pulled & reset) then the Service Expert must advise the client of the additional charges and refer to the Price Book for the appropriate
  5. The $93 Drain Cleaning can be performed on either the Main Line (sewer) or the Secondary Line (drain).
  6. In order for the One Year warranty to be issued, the following must occur:
    1. Recommended Secondary Lines repairs, if any, must be accepted by the client and performed at the time of the drain cleaning, at the prevailing rates. The repair must be the essential work needed to correct immediate issues, not optional
    2. For Main Lines (sewers), a camera inspection must be performed immediately (no later than 7 days after the drain cleaning has been done) after the drain is cleared, as permitted by Quinn’s Service Company’s If there exists difficulty in gaining access to the Main Line (Sewer) system, then the Service Expert must advise the client of the additional charges and refer to the Price Book for the appropriate task.
    3. If the above conditions are not met by the client, then no warranty will be in Recommended, essential repairs and a Main Line (Sewer) camera inspection are required for the One Year warranty.
    4. The $93 Drain Cleaning is the service rate, and no additional Service Charge will be made, regardless of whether the Drain is cleared or
    5. All Service Experts performing a Drain Cleaning who cannot complete a Camera Inspection at that time, will clearly write on the invoice:
      1. whether the service was for the Main Line or a Secondary Line
      2. and if for a Secondary Line, the recommended, essential repair(s)
      3. and “warranty pending Camera Inspection”
      4. If the drain cannot be cleared, then no fee is
      5. The warranty provides the residential (property owner) client with one additional Drain Cleaning visit within 1 year from the date of the $93 Drain Cleaning service, provided all warranty conditions have been
        1. The $93 Drain Cleaning service can be used once by a client per Main Line
        2. The $93 Drain Cleaning service can be used one additional time per fixture/secondary branch line
      6. Given the unknown and potentially compromised condition of drain and sewer piping, the Service Expert should educate and inform the client of the potential for damage, explaining that oftentimes the drain and sewer piping condition itself may be the cause of a blockage, and so would need to be remedied in any Thus, for all Drain Cleaning situations, prior to any snaking or cleaning activities, the Client must agree to, and sign, the Hold Harmless form indicating their consent. The Service Expert cannot proceed without that authorization, and the signed form must be included in the closeout.
  1. The $93 Drain Cleaning is restricted to residential homeowners, and not available in Landlord-Tenant situations, as different conditions and restrictions apply to Drain Cleaning services and CLIENT shall telephone QUINN’S SERVICE COMPANY within twenty-four (24) hours of discovery of any warranty claim. QUINN’S SERVICE COMPANY will respond with reasonable promptness between the hours of 8:30 a.m. to 4:30 p.m. Monday through Friday, excluding holidays.
  2. QUINN’S SERVICE COMPANY shall not be liable for electrical or other damages relating to drywall, stucco, roof, carpet, tile, floor, windows, fixtures, plumbing, furniture and personal property from any defect or delay in responding to said warranty. CLIENT must take reasonable steps to mitigate damages.
  3. QUINN’S SERVICE COMPANY shall not be liable for lost profits, incidental, special, exemplary, indirect or consequential damages resulting from any work performed, or any problem, whether or not covered by this limited warranty.

UNFORESEEN CONDITIONS

  1. If conditions and/or circumstances are encountered at the job site which are concealed physical conditions, or unknown physical conditions of an unusual nature, which differ materially from that which is visually ascertained, CLIENT agrees to accept responsibility for such conditions and those circumstances outside the control of QUINN’S SERVICE COMPANY and further agrees to pay for any labor or materials, including repair to damaged equipment of QUINN’S SERVICE COMPANY caused by such conditions and/or circumstances.
  2. It is the intent of this provision to make CLIENT responsible for all (1) unforeseen and concealed conditions, and (2) for that which QUINN’S SERVICE COMPANY cannot control. Accordingly, CLIENT further agrees to hold QUINN’S SERVICE COMPANY harmless and shall indemnify and defend QUINN’S SERVICE COMPANY and all its agents and employees from and against all claims, damages, losses and expenses, including but not limited to attorney fees, consequential damages, arising out or as a result from the performance of QUINN’S SERVICE COMPANY'S work involving, affecting, or relating to such unforeseen or concealed conditions regardless of whether such damages are caused in part by QUINN’S SERVICE COMPANY.
  3. Asbestos or other Hazardous Materials Remediation Work – QUINN’S SERVICE COMPANY has no information whatsoever with respect to asbestos or other hazardous materials or substances in any portion of the CLIENT'S property and has not conducted any investigation in connection herewith. QUINN’S SERVICE COMPANY does not perform asbestos or other hazardous materials or substance removal and QUINN’S SERVICE COMPANY shall have no responsibility whatsoever and CLIENT expressly releases QUINN’S SERVICE COMPANY from any liability whatsoever and for any claims arising out of its presence, release, remediation or removal and for any costs, losses or damages CLIENT may suffer or sustain if it is found to exist on the CLIENT'S property. In the event asbestos or other hazardous materials or substances are found to exist on the CLIENT'S property or if, in order to obtain a building permit for the work to be performed by QUINN’S SERVICE COMPANY as set forth herein, any remediation action or work, including investigation is required to be performed on the CLIENT'S property concerning asbestos or other hazardous materials or substances, all work by QUINN’S SERVICE COMPANY will cease until such time as CLIENT has, at CLIENT'S sole expense, caused said asbestos or other hazardous materials or substances to be removed in compliance with all applicable laws relating thereto.
  4. Mold or Mold Spores – QUINN’S SERVICE COMPANY recommends that you hire professional water damage restoration company to clean and treat an area that has water damage or as a result of work performed. QUINN’S SERVICE COMPANY is not responsible for any damage or ill health caused by mold. CLIENT agrees to waive all claims against QUINN’S SERVICE COMPANY that may be related to such work.
  5. If for any reason, a maintenance visit is not performed either because of the Quinn’s Service Company or because of the maintenance agreement client, the monetary value does not exceed the cost of the maintenance agreement.

SOLUTION NOT PERFORMED

  1. If suggested options are not chosen by the CLIENT and a failure is experienced, QUINN’S SERVICE COMPANY is held harmless.

STOPPAGES

  1. QUINN’S SERVICE COMPANY will not clean any drain line or sewer lines through a roof vent, if deemed unsafe.
  2. Any drain cleaning cable, which becomes stuck in the line, is the responsibility of the CLIENT for removal and/or additional repairs. QUINN’S SERVICE COMPANY is not responsible for any damages caused due to drain cleaning cable.
  3. If a sewage spill is deemed hazardous material, the cost of cleanup is the responsibility of the CLIENT.

LICENSE, PERMITS, AND FEES

  1. QUINN’S SERVICE COMPANY will not clean any drain line or sewer lines through a roof vent, if deemed unsafe.
  2. Any drain cleaning cable, which becomes stuck in the line, is the responsibility of the CLIENT for removal and/or additional repairs. QUINN’S SERVICE COMPANY is not responsible for any damages caused due to drain cleaning cable.
  3. If a sewage spill is deemed hazardous material, the cost of cleanup is the responsibility of the CLIENT. A. CLIENT shall furnish and pay for, at their own expense, all taxes, permits, and license fees required to legally perform the repair work in accordance with this Agreement.
  4. Access to the property for an agent of administrative authority must be provided within a reasonable time. Should reasonable access not be provided, it may result in additional charges to the CLIENT.
  5. If at any time the administrative authority asks for additional works not related to our original contract, the work is the responsibility of the CLIENT. QUINN’S SERVICE COMPANY will provide an additional CONTRACT PRICE for that work.
  6. All notices related to work performed by the QUINN’S SERVICE COMPANY which are sent to the property owner must be forwarded to the QUINN’S SERVICE COMPANY and a reasonable amount of time allowed for the process.

PAYMENT

  1. All work is done on a fixed CONTRACT PRICE. The price includes Materials, Tax and Labor. NO BREAKDOWN WILL BE PROVIDED!
  2. Payment for the work described herein this Agreement shall be immediately due upon completion of the work, unless otherwise specified in writing.
  3. No deduction shall be made from payments due QUINN’S SERVICE COMPANY on account of penalty, liquidated damages, back- charges for alleged defective work, or other sums withheld from payments to other QUINN’S SERVICE COMPANY, or on account of the cost of charges or defects in the work. Furthermore, CLIENT agrees and recognizes that payment for services rendered by QUINN’S SERVICE COMPANY when due is an express condition precedent to QUINN’S SERVICE COMPANY continuing work as herein described in this Agreement. CLIENT recognizes that the failure to pay for services when due shall entitle QUINN’S SERVICE COMPANY to terminate work immediately. In the event that QUINN’S SERVICE COMPANY terminates work for non–payment as herein described, QUINN’S SERVICE COMPANY shall be entitled to all of its reasonable expenses including, but not limited to, cost of labor, materials, a reasonable allowance for overhead and profit, and all other compensation as allowed by law. All warranties will be void.

RIGHT TO TERMINATE IN EVENT OF DISPUTE

  1. In the event of a dispute between QUINN’S SERVICE COMPANY and CLIENT, QUINN’S SERVICE COMPANY and CLIENT agree that the QUINN’S SERVICE COMPANY immediately terminate the work described herein. In the event of such termination, QUINN’S SERVICE COMPANY shall be entitled to payment for all services rendered including costs of all labor, materials, reasonable profit and overhead. In the event of cancellation by CLIENT after contract has been signed, QUINN’S SERVICE COMPANY is entitled to a minimum fee of $100. In the event of cancelation by CLIENT after work has commenced, QUINN’S SERVICE COMPANY is entitled to 10% or payment for work performed, whichever is more.

NOTICE OF DEFECTIVE WORK

  1. Upon completion of the work, CLIENT agrees to exercise due diligence in inspecting the work for defective workmanship and materials. CLIENT agrees to notify QUINN’S SERVICE COMPANY within forty-eight (48) hours of completion of the work described hereunder of all defective work, if any. CLIENT agrees that upon discovery of any allegedly defective work, CLIENT shall immediately call QUINN’S SERVICE COMPANY, who shall have the first opportunity to repair the allegedly defective work. The failure to allow QUINN’S SERVICE COMPANY the first opportunity to repair the allegedly defective work shall void all warranties, express and implied hereunder.
  2. CLIENT agrees and recognizes that they shall not withhold any payments for allegedly defective work. QUINN’S SERVICE COMPANY is not responsible for reimbursement for work performed by any other company or individual.

LINK WITH OTHER COMPANIES

  1. Quinn’s Service Company hereby declares that it doesn’t have any affiliation, connection, contract, joint venture or any contact with any other plumbing or drain cleaning companies, entities, corporations.

I HEREBY HAVE READ THIS AGREEMENT AND UNDERSTOOD ITS TERMS. YOU ARE AUTHORIZED TO PROCEED WITH THE WORK AT THE UPFRONT PRICE AS STATED ON THE ATTACHED CONTRACT DOCUMENT.

Signature:___________________________________

Print Name:_________________________________

Date:___________________________________