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The Work Order (“Agreement”) between Security Building Services, LLC dba Security Plumbing & Heating (“SPH”) and the Customer is
subject to the following Terms and Conditions, which have been read by the Customer, and are incorporated by reference into the Agreement.
1. Customer’s Acceptance of Terms and Conditions
SPH’s acceptance and all performance of the Agreement are expressly conditioned upon Customer’s acceptance of these Terms and
a. SPH warrants to Customer (as defined below) that materials and equipment (together “Materials”) furnished under this Agreement
will be of good quality, that the work will be free from defects not inherent in the quality required or permitted, and that the Work (as defined
below) will conform with that specified in the Agreement. The warranty on Materials is limited to that specified by the manufacturer or
supplier. All workmanship for new Materials shall be warrantied by SPH for 90 days from the completion date against defects, unless such
defects are created by acts of God. All workmanship for repaired Materials shall be warrantied by SPH for 30 days from the completion date
against defects, unless such defects are created by acts of God.
b. In no event shall SPH be liable for costs of repair or replacement, or damages resulting from this Work, in an amount that exceeds
the amount paid to SPH for the Description of Work (“Work”) done pursuant to this Agreement.
c. SPH guarantees that drain stoppages cleared by SPH will remain unplugged for a period of thirty days from the date of original
service EXCEPT when noted in writing on face of this Agreement, or in the following circumstances. 1) Commercial use toilets are
guaranteed to remain clear for a period of twenty-four (24) hours. 2) Residential use toilets are guaranteed to remain clear for a period of
forty-eight (48) hours. 3) In the case of mis-use of the drainage system by Customer including, but not limited to introduction of foreign
material (e.g., grease, fat, oil, food, coffee grounds, feminine products, etc.) into the system subsequent to service by SPH. 4) Existence of
faulty or defective fixtures, pipes, drains, or sewers which, in SPH’s opinion, causes a repeated back-up of the drainage system. 5) Actual or
suspected low spots or breaks in the sewer or drain lines. 6) The existence of illegal or not-to-code plumbing conditions. SPH is not
responsible for breakage of pipes resulting from sewer and drain cleaning. Older pipes may break or re-clog more frequently than newer
pipes. Under no circumstances is the Company responsible for secondary damages due to backups or the clearing of blockages in drain or
SPH specifically disclaims liability for any and all overflows or backups in areas of any plumbing infrastructure or real property affected by
drain cleaning activities of SPH.
d. Customer, by authorizing the work commissioned under this Agreement, agrees to hold SPH harmless for any damage or
destruction to any such plumbing fixtures or infrastructure, or other real property, unless such damage or destruction is the result
of gross negligence on the part of SPH.
e. SPH MAKES NO OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES
INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
a. All labor and materials are conclusively accepted as satisfactory unless objected to by Customer in writing, by certified mail or hand
delivery, within seven days of performance of the Work contained on the Agreement.
b. Any claim for property damage is conclusively waived unless presented to SPH in writing, by certified mail or hand delivery, within
seven days of occurrence.
c. It is hereby provided that title to all Materials furnished in completing this Agreement shall be and will remain with SPH until all
sums of money called for in this Agreement shall have been fully paid. Until such sums are so paid, it is hereby agreed that said Materials
shall remain the personal and removeable property of SPH. Full payment, in good funds, for the Total Amount is due no later than 30 days
from (in the case of commercial Customers) or immediately upon (in the case of residential Customers) substantial completion of the Work.
Failure to timely pay sums due in full is a default (“Default”). Upon Default, SPH is authorized to enter said premises and take possession of
and remove said materials at any time during regular business hours. Furthermore, in the event of Default, SPH may retain as liquidated
damages any sum or sums of money that have been paid hereunder. If a Default has occurred Customer shall pay interest at the rate of one
point seven five percent (1.75%) per month on amounts not paid within thirty (30) days of substantial completion, plus all costs of collection,
including SPH’s actual attorneys’ fees incurred and costs.
4. Responsibilities of the Customer
a. “Customer” is defined as the entity requesting services and can include, but is not limited to owner, tenant, or occupant of the real
property where the Work is performed (“Property”). Customer represents that all water and waste disposal systems are in good repair and
condition and Customer agrees to hold SPH harmless for the discovery of any damage to such systems, including but not limited to: improper
or faulty plumbing; rusted, corroded or defective pipes; acids in the drain system; settling or breakage in piping; existing infrastructure that
is illegal or not to code; and defective roofing or flanges (“Damage”).
b. Customer is required, at Customer’s expense, to complete all work necessary prior to the arrival of SPH to allow SPH to complete
the Work contemplated by this Agreement. SPH will perform the Work at the direction of Customer. Customer is responsible for locating and
having access to water shut-off valves and coordinating any water shut-off with affected parties. Customer is responsible for accompanying
SPH to and showing SPH the specific plumbing infrastructure on which Work is to be performed.
5. Exclusions and Limitations
a. Customer’s right to repair and replacement are the only and exclusive remedies available under this Agreement. SPH shall in no
event be liable for incidental or consequential damages resulting from Materials provided or Work performed under this Agreement. SPH is
not responsible for and specifically disclaims warranty for damages to real property including but not limited to: Damage; work performed
by or Materials provided by someone other than SPH (including those Materials provided by Customer); defects or failures arising out of
mistreatment or neglect; damage to carpet or flooring; damage to shrubs or plantings; damage to drywall, ceilings or roofs; damage to curbs,
sidewalks, walks, driveways, garages, patios, lawns, sprinkler systems; and damage arising from mold. SPH shall not be responsible for keeping
children or animals contained.
6. Miscellaneous Terms
a. Waiver by SPH of any terms or conditions of this Agreement of waiver of any breach hereof shall not be construed as a waiver of
any other term, condition, or breach. Determination that any provision of this Agreement is illegal or invalid shall not affect the validity or
enforceability of the remaining provisions of this Agreement.
b. Customer agrees to indemnify and hold harmless SPH from and against any and all claims, demands, actions, causes of action, costs,
expenses, and attorney’s fees arising out of or in connection with any and all injury, including death, to any person or persons, any and all
damages to or loss of any property, and any and all other damages, caused by or resulting from in whole or in part, any act(s) or omission(s),
negligent or otherwise, of Customer, or any of Customer’s agents, servants, employees, or subcontractors.
c. Any amount due to SPH from Customer for Work performed, shall accrue interest at the rate of 21% per annum (1.75% per month)
from the due date, until the date of payment.
d. Unless otherwise agreed to in writing this is the entire agreement between Customer and SPH. All matters pertaining to the validity,
construction and effect of this Agreement shall be governed by the laws of the State of Colorado. It is agreed that the proper venue for any
legal dispute which may arise concerning this Agreement shall be the courts of the County of Jefferson, State of Colorado. If the Customer
and SPH become involved in litigation over the terms and/or breach of this Agreement, the prevailing party shall be awarded reasonable
attorneys’ fees. This Agreement embodies the full understanding of the parties hereto. Any modification of this Agreement must be in writing,
signed by all parties hereto. Except as herein otherwise specifically stated, this Agreement shall bind and inure to the benefit of the parties
to this Agreement, their legal representatives, successors and