INTRODUCTION
For purposes of the below disclaimers, all material terms and governance of this document are to adhere to Illinois Plumbing License Law. 225 ILCS 320. This instrument (Hereinafter Referred to as the “Disclaimer” or the “Agreement”) is between Rescue Plumbing, Inc. (Hereinafter Referred to as “Company”) and Customer, as designated by “Name” line item in the services Agreement (Hereinafter referred to as the “Contract”) attached to this Disclaimer. This Disclaimer is hereby incorporated as part of the Contract immediately upon execution of the Contract by both Company and Customer.
DISCLAIMERS:
INSURANCE CLAIMS.
Company will not directly bill any insurance company related to any insurance claims. Work conducted by Company will be directly billed to Customer, and Customer will pay Company directly by means agreed upon mutually by Company and Customer.
SUCCESSFUL UNCLOGGING OF DRAINS.
Company is not responsible for any pump failures. If a pump fails, Customer agrees that Company is not answerable or liable for such failures. Customer is to indemnified Company for costs that may arise as a result of such failures.
SEWER CLEANING.
In cleaning or snaking drains which are broken or separated, there is an increased risk that the cables from the sewer machine may become lodged in the sewer. Should this occur, Customer will incur any and all costs for removing the cables from the sewer. The cables will need to be removed promptly in order to avoid further damage to the sewer pipes located on the Customer’s property, or those on the county side of the sewer line. Customer is responsible for the cost of lost or damaged cables. Company is not responsible for broken cables or losing cables in a drain as a result of drain cleaning.
DAMAGES.
Company is not responsible for damage to personal property. This includes, but is not limited to, attic insulation, ceilings, ceiling textures, walls, floor coverings, equipment, cabinets, counter tops, paint or stain, nor for the repair of any cosmetic defects. Company does not repair or replace wallpaper, other wall coverings, or floor coverings. Company is not responsible for any damage resulting from grease or sewage as a result of opening plumbing or associated systems to gain access to complete drain cleaning. Company is not responsible for any incidental damages due to: old age of piping on property; or any prior damage from non-licensed or non-union plumbers, as defined by the Illinois Plumbers Code and Illinois Plumbing License Law. See 225 ILCS 320.
WATER HEATER DISCLAIMER.
Customer has been advised that the water heater should remain set at 120 degrees as determined by the Manufacturer and Gas Appliance Manufacturers Association (Hereinafter referred to as “GAMA”) standards. Company will not perform repairs involving hazardous or toxic materials. Company will not perform repairs on any equipment, systems, parts, which Company determines to be obsolete.
WAIVERS:
MOLD WAIVER AND RELEASE OF LIABILITY.
In consideration for the plumbing services (Hereinafter referred to as “Services”) to be performed by the Company, Customer acknowledges that Services may have risk of mold and Customer expressly agrees to assume the risk of all damages and injury to property or persons, if any, resulting from any and all mold related damages. Mold related to damages shall include, but not be limited to, damages related to mold, fungus, rust, corrosion or other bacterial organisms. Customer hereby releases the Company and its agents, owners, and employees from all claims, losses, damages, risks or causes of action, whether known or unknown, arising now or in the future and arising directly or indirectly, from the services which result in damages caused by mold or mold related issues. This Disclaimer includes claims related to property damage, personal injury, loss of income, emotional distress, death, loss of use, loss of value, and adverse health effects or any other effects. The Company will not be responsible for the indemnification or notification of existing or future mold spores arising out of past, present, or future plumbing conditions. Similarly, the Company will not be responsible for the cleaning, repair, removal, replacement, remediation, or abatement of affected structures or surfaces. Customer acknowledges that the Company has not made any representations regarding the extent or potential of mold which may or could result from the Services, nor the consequences of mold which may or could arise, and the conditions which may result in mold. This Disclaimer is to assure the Company that it can undertake the Services without liability for any known or unknown condition that may result in mold. The Customer acknowledges and represents that it is legally authorized to enter into this Agreement, that Customer has read this Disclaimer fully and understands the terms and conditions of it, that Customer is of legal age and legally competent to execute this Agreement and has done so in consideration of the Services rendered by the Company. This Disclaimer shall be binding upon and ensure to the benefit of the Company and Customer and their respective heirs, executors, administrators, legal representatives and assigns.
WAIVER.
In completing repairs, Customer recognizes: There is a risk of damage to persons or property and Company shall be limited to furnishing labor and parts necessary to remedy any defects in parts or workmanship, which are covered by Company’s Warranty. Company is not responsible for: Personal injury or for any indirect, incidental, or consequential damages to persons or property.
PENALTY FOR FAILURE TO PAY.
If a payment is not made in a timely manner, or if a check is not able to be cashed by Company due to insufficient funds from Customer, the Customer is liable for the full amount of the payment, plus interest per month as allowable by Illinois Law.
SEVERABILITY.
All provisions of the Agreement are severable. The determination that any particular provision or term is illegal or unenforceable shall have no effect upon the remaining terms of the Agreement.
MODIFICATION TO AGREEMENT.
Any modification of this Agreement will be governed effective only if it is in writing and signed by both parties.
RIGHT TO STOP WORK.
Company may, after providing three calendar days’ written notice to the Customer failing to make a required payment, suspend performance of all services under this Agreement until the payment is made without penalty for breach of contract.
ALTERNATIVE DISPUTE RESOLUTION ESCALATOR:
The Company, at its discretion, may choose to file a mechanics lien for any unpaid balances.
MEDIATION.
If Company and Customer are unable to reach an agreement as to any fundamental issue, the dispute shall be first mediated (the “Mediation”) within fifteen days from the date that a written request for mediation is made by either party. The Mediation shall take place in Chicago, Illinois, USA. The Mediation shall be in English and shall be conducted before a single mediator to be agreed upon by Customer and the Company. If Customer and Company cannot agree upon a mediator, then each party (Company and Customer) shall select a mediator and such mediators shall together unanimously select a neutral mediator, who will conduct the mediation. Mediation proceedings are settlement negotiations, and all offers, promises, conduct and statements, whether oral or written, made in the course of the mediation by any of the parties or their agents shall be confidential and inadmissible in any subsequent legal proceeding involving the parties; provided, however, that evidence that would be independently admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation. In the event that a dispute is not settled by mediation, the parties agree that the exclusive venue for litigation of any claim arising out of this agreement shall be in Chicago, IL, USA. Any resolution agreed to by the parties shall be final and binding on the Company and the Customer. Both the Company and Customer shall bear the fees and expenses of its mediator and all the Members shall equally bear the fees and expenses of the final mediator. The decision of the mediator shall be final and binding on the Members.
ARBITRATION.
All disputes relating to the interpretation of this Agreement, which are unable to be settled through mediation will be exclusively settled by arbitration, administered by the American Arbitration Association (hereinafter referred to as the “AAA”) under its Commercial Arbitration Rules. Disputes involving $75,000 or less shall use the AAA’s Expedited Rules. The parties shall mutually agree upon a single commercial arbitrator, and in the absence of agreement, the AAA shall select the arbitrator. The place of arbitration shall be Chicago, IL, USA. The arbitrator shall not award punitive or other damages not measured by the prevailing party’s actual damages. The parties will share equally in the costs of arbitration payable to the AAA, including the arbitrator. The award of the arbitrator will be accompanied by a reasoned opinion. Judgment on an arbitration award may be entered in accordance with the Federal Arbitration Act in any federal court having jurisdiction. The parties understand and acknowledge that this mandatory arbitration provision represents an irrevocable and unconditional waiver of the right to a trial by jury in any legal action arising from this agreement. The parties to this agreement may, notwithstanding the above, seek equitable relief in any proper court to enjoin a breach or threatened breach of any obligations under this agreement that might cause irreparable harm (without any requirement to post bond.)
CHOICE OF LAW.
The matters relating to the Company and the Customer’s relationship will be governed by the laws of Illinois unless specifically stated otherwise, in writing signed by both parties.
