The work to be done by CALLAWAY Plumbing and Drains Ltd. will be done with regular equipment and professionalism which do not include excavation. If it is found that during the cleaning out process that the drainage tile, drainage pipe, or any other line being serviced under this company agreement have settled, deteriorated, broken, separated, damaged or such condition as to make impracticable in the opinion of CALLAWAY Plumbing and Drains Ltd. to clean the line safely and properly with the such equipment and methods CALLAWAY Plumbing and Drains Ltd. shall not be held responsible for such discovered conditions and any repairs to said line shall be by and at the expense of the CUSTOMER. After notification that such repairs have been completed, CALLAWAY Plumbing and Drains Ltd. will complete the necessary cleaning as provided in this agreement. If such repairs are not completed in a reasonable time the obligation of CALLAWAY Plumbing and Drains Ltd. to complete the cleaning shall be deemed waived by the CUSTOMER, and the CUSTOMER shall pay CALLAWAY Plumbing and Drains Ltd. a reasonable service charge for the services rendered.
CALLAWAY Plumbing and Drains Ltd. is not responsible for damage to the premises caused by the removal of a clean out, drain cover, or cap which is removed for the process of servicing the said lines. If it is found that the clean out, drain cover, or cap is rusted or fastened as to necessitate its replacement after removal, CALLAWAY Plumbing and Drains Ltd. shall notify the CUSTOMER, if the CUSTOMER authorizes its replacement thereof, a replacement shall be made at an additional charge for the replacement of such clean out, drain cover, or cap and the labour for the installation. CALLAWAY Plumbing and Drains Ltd. SHALL NOT BE RESPONSIBLE for damage resulting from sewer gas, backups, or leakage through clean outs, drain cover, cap, or opening due to rain and or other causes.
CALLAWAY Plumbing and Drains Ltd. shall not be responsible for the cleaning of or damage to leaky or defective p-traps, hidden or unknown lead or steel piping, improper or faulty plumbing, rusted or defective pipes, corrosion or unusual restrictions due to mineral or hard water build up, harmful cleaning chemicals, lines which have settled, broken, deteriorated or damaged. If during cleaning process fixtures are damaged, broken or defective or corroded drainage lines or tiles are broken or if CALLAWAY Plumbing and Drains Ltd. equipment becomes lodged in any such defective lines, tiles, piping or drainage and cannot be practically removed without excavation, CALLAWAY Plumbing and Drains Ltd. shall not be liable for the removal of said equipment, repairs or replacement of said fixtures, pipes, tiles, drainage.
CONDITIONS OF GUARANTEE:
The GUARANTEE covers in term backup drainage failure of only the lines as serviced hereunder due to normal use, where a backup condition exists in the pipes serviced and for the period of time as stated on the invoice. In the event of such drainage failure during the term of the GUARANTEE, CALLAWAY Plumbing and Drains Ltd. will barring an inability to do so caused by an event beyond its reasonable control INCLUDING, BUT NOT LIMITING TO STRIKES, FIRE, FLOOD, CASUALTY, OR GOVERNMENT REGULATIONS, ORDERS OR RESTIRCTIONS, furnish its services to remedy such failure as readily and as promptly as possible during normal working hours, but in no event shall CALLAWAY Plumbing and Drains Ltd. be held liable for water damage to the property of the CUSTOMER by reason of any delay. Any GUARANTEE issued on any inside lines or main line shall cover any drainage failure due to normal usage and shall not cover stoppages caused by intervening structural defects in the lines or stoppages caused by rags, newspaper, or any other objects not usually or customarily disposed of through the drainage system. If during the GUARANTEE period, CALLAWAY Plumbing and Drains Ltd. finds that the stoppage was caused by such defects or abnormal usage then CALLAWAY Plumbing and Drains Ltd. shall have the right to make an addition charge based upon the reasonable value of the service rendered in removing such stoppage. Any guarantee on products is limited to the manufactures guarantee and labour for the replacement or repair would be charged.
THIS AGREEMENT together with the provisions and conditions of the invoice embodies the entire agreement of the parties, and THERE ARE NO PROMISE TERMS OR CONDITIONS OR OBLIGATIONS, ORAL OR WRITTEN, REFERRING TO THE SUBJECT MATTER HEREOF OTHER THAN AS CONTAINED HEREIN.
In the event CUSTOMER fails to make payment according to the terms and conditions appearing on the invoice, CALLAWAY Plumbing and Drains Ltd. may charge interest on the unpaid balance at 2% per month (24% per annum). In the event, in the sole judgement of CALLAWAY Plumbing and Drains Ltd. it becomes necessary to institute legal action to collect said unpaid balance, CALLAWAY Plumbing and Drains Ltd. shall be entitled to a judgement for the unpaid balance, accrued interest and reasonable attorneys fees incurred in such legal action as allowed by the provincial law.