Terms and Conditions

Complete Plumbing and Construction · Contractor License #1062051

Complete Plumbing and Construction is pleased to provide general plumbing and repair services to new and repeat customers on the terms below. By approving an estimate or authorizing work, You agree to them.

1. Agreement and Authority

Parties. This Agreement is between Complete Plumbing and Construction, Contractor License #1062051 ("We," "Us" or "Our"), and the customer signing below ("You" or "Your").

How You accept. These terms apply to every service call and are part of each estimate and work authorization We give You. You accept them by approving or signing an estimate or work authorization electronically in any form We provide, including on a phone, tablet or other electronic device presented by the technician (a "Mobile Device") or through a link, or by authorizing Us to begin work after these terms have been made available to You (shown or linked with the estimate, or sent by text message or email). Your electronic approval or signature has the same effect as a handwritten signature.

Your confirmation. By accepting these terms, You confirm that You have had the opportunity to read them and ask questions, and that You agree to them. You also confirm that You own the property where service is requested (the "Property") or are authorized by the owner to request service and accept this Agreement. If You are not the owner, You are also personally responsible for payment under this Agreement.

Scope. These terms cover service, repair and diagnostic calls. If We and You sign a separate written contract for a larger project, that contract controls, and these terms apply to it only if it says so.

You requested this service. You contacted Us and asked Us to come to the Property. We did not solicit this work.

Copies. We will make a copy of these terms and each estimate You approve available to You by link, email, text message or paper, at the time of service or promptly afterward.

Approvals are part of this Agreement. Each estimate or additional work You approve under Section 3 or Section 8 becomes part of this Agreement.

2. Service Call Charge

The minimum non-refundable Service Call Charge is [$200] per technician. It covers the cost of the technician or technicians arriving at the Property and discussing Your request.

If You approve the Estimated Work, the Service Call Charge is not charged separately; the technician's time is charged from arrival under Section 4. If We cannot assist You, or You do not approve the estimate, the Service Call Charge is due when the technician leaves and no further work will be performed.

3. Estimates and Approval of Work

Estimate. After arriving, the technician will discuss Your request and, if We can help, will quote an estimated price and terms (the "Estimated Price") for the diagnosis, service, repair, replacement, installation, alteration, drain clearing or consultation You want (the "Estimated Work"). If You agree, You will be asked to approve or sign electronically, on the Mobile Device or through a link, and the estimate will display the Estimated Price.

What the estimate covers. Unless You and the technician agree otherwise, the Estimated Price is an estimate of the labor time needed to complete the Estimated Work at the Standard Hourly Rate. Parts, materials, taxes and fees are billed separately under Section 5 and Section 9. The estimate is based on visible conditions and assumes all plumbing and drain systems are in good repair and working as originally designed, except the items to be repaired or replaced in the Estimated Work.

Actual cost may differ. The actual time needed may be more or less than the time reflected in the Estimated Price. You will be charged for the actual time and the actual parts and materials used, as provided in Sections 4 and 5.

Additional work. If the technician finds that more work is needed beyond the Estimated Work, the technician will explain it and give You a revised estimate before proceeding. You may approve by signing on the Mobile Device, verbally (which the technician will record), or by text message or email. We will not charge for additional work You have not approved, except Emergency Work under Section 8.

Notice of cost increases. If We expect the total charge to exceed the Estimated Price by more than 10%, the technician will tell You before continuing. If We cannot reach You or You decline, Section 7 applies.

Written estimate controls. If a verbal quote differs from the Estimated Price shown on the Mobile Device, the Mobile Device estimate controls.

4. Calculation of Time and Rates

Hourly billing. Labor is charged by the hour in half-hour increments at the Standard Hourly Rate, per technician. As each half hour begins, the full half hour is charged. Time is counted from the technician's arrival at the Property until departure from the Property.

Standard and after-hours rates. The Standard Hourly Rate is $200 per hour per technician during Normal Business Hours (Monday through Friday, 8 a.m. to 6 p.m.) and [$380] per hour per technician at any other time, including evenings, weekends and holidays. Each half hour is charged at the rate in effect when that half hour begins.

Additional days. If the work cannot be finished during Normal Business Hours and the technician cannot continue until another day, an additional charge of one-half the Standard Hourly Rate per technician applies for each new day on which work resumes, as compensation for travel time.

Parts runs. If the technician does not have required parts or materials on hand, one-half hour is billed for each parts run.

Power auger. If, during a plumbing repair other than drainage work, the technician determines that a power auger is needed, one hour is billed to retrieve it from Our business location.

Longer or shorter than estimated. The time actually needed may be more or less than the time reflected in the Estimated Price. Work You approve under Section 3 or Section 8 is charged at actual time.

5. Parts and Materials

Parts We provide. There is no charge for consumables costing less than $10. All other parts and materials We provide or bring to the Property, including pipes, fittings, valves, traps, sinks, faucets, toilets, bathtubs, showers, supply lines, shut-off valves, strainers, water heaters, pumps and other components and fixtures, are billed at Our cost (including taxes and shipping) plus a 20% administrative and handling fee.

Special-order parts. If work stops for any reason after We have ordered a special-order or non-returnable part for You, You are responsible for its cost.

Parts You provide. There is no charge for parts or materials You deliver to the Property. We may decline to install any part We believe is unsuitable, defective, unsafe or not code-compliant. Labor to install or diagnose parts You provide is charged at the Standard Hourly Rate. Parts You provide are not covered by Our warranty, and the warranty does not cover the cost of diagnosing or replacing them.

6. Concealed Conditions

If We encounter conditions that were concealed or unknown when work began, You are responsible for the added time, parts and materials needed to address them, subject to Your approval of added work under Section 3 (or Section 8 for Emergency Work). Concealed conditions may include, but are not limited to, improper or faulty plumbing, rusted or defective pipes, acids in the drain system, lines that are settled or broken, existing code violations or other illegal conditions, defective roofing, and deteriorated rough and finish plumbing parts and fixtures.

The technician will tell You about any such condition as soon as practical. Bringing existing work up to code is additional work and is not included in the Estimated Price unless the estimate says so.

7. Stopping Work and Customer Conduct

When We may stop work. We may stop work if (a) conditions arise that require services outside Our expertise or that We are unable to provide; (b) You and the technician agree that We should not continue; (c) You ask Us to stop, including because You believe the time spent is exceeding what You expected; (d) You decline or cannot be reached to approve a cost increase under Section 3; or (e) the customer conduct described below occurs. You may ask Us to stop at any time, and We will.

Customer conduct. We may stop work and leave the Property at any time if, in the technician's reasonable judgment, You or any person at the Property:

threatens, harasses or verbally abuses Our personnel;
engages in physical intimidation or violence;
is hostile, combative or uncooperative in a way that, after a reasonable chance to correct it, makes it impracticable to perform the work properly;
interferes with the work or refuses reasonable access to the work area; or
creates an unsafe working condition.

Leaving safely. Before leaving, the technician will make the plumbing system reasonably safe where practical (for example, by shutting off water or capping lines) and will tell You why work has stopped, in writing by Mobile Device, text message or email where practicable.

What You owe when work stops. If work stops for any reason in this Section, You are responsible for (i) the time spent at the Standard Hourly Rate from arrival until departure under Section 4, and in no case less than the Service Call Charge; (ii) the cost of all parts and materials ordered, supplied or installed under Section 5; and (iii) applicable taxes and fees. Payment is due when the technician leaves.

Condition of the system. If We stop work, the plumbing or drain system may not be operational and should not be used until a qualified, licensed contractor, retained at Your expense, completes the work and confirms the system is safe and functional. There is no warranty on incomplete work or on parts and materials installed as part of it. To the extent the law allows, We are not responsible for conditions that arise after We stop work and have made the system reasonably safe.

8. Emergency Services

Emergency Work. "Emergency Work" means work the technician reasonably believes must begin right away to stop or prevent imminent injury, a health hazard or serious property damage, such as an active leak, burst pipe, flooding, sewage backup, or loss of water or drainage.

Starting immediately. If You ask Us to start Emergency Work, We may begin at once, before a full estimate is prepared, and You authorize the work and its charges under this Agreement. If the technician discovers during the job that further Emergency Work is needed to stop imminent damage or injury, We may perform it and will tell You as soon as practical.

After-hours emergencies. Emergency Work performed outside Normal Business Hours is charged at the after-hours rate in Section 4.

Estimates in an emergency. Emergency Work often cannot be priced accurately at the start. The technician will give You the best estimate available as soon as the situation allows and will update You as the scope becomes clear. Where time permits, the technician will explain Your options (for example, a temporary fix or a full repair) and their prices before You decide. The final charge is based on actual time and materials under Sections 4 and 5.

Your confirmation. You confirm that You had the opportunity to read this Agreement and ask questions before approving the work, and that You chose to proceed knowing the cost could be substantial and that You had limited time to compare options or obtain other bids.

Your right to stop. You may tell Us to stop at any time. If You do, Section 7 determines what You owe.

9. Payment, Late Balances and Collection

When payment is due. Payment is due when the service is completed (or when work stops under Section 7) unless We agree otherwise in writing. The total includes all applicable sales taxes and governmental fees. We accept cash, check, credit card, ACH and Zelle.

Disputes. Payment may not be withheld for allegedly defective work. If You believe work is defective, Your remedy is Our warranty in Section 13, and nothing in this Agreement limits Your rights under California law.

Late balances. Unpaid balances more than 30 days past due accrue interest at 10% per year, or the maximum rate the law allows if lower. A returned or declined payment is subject to the returned-payment fee California law permits.

Collection. If You do not pay, You are responsible for Our reasonable collection costs as provided in Section 15, and We may use any rights the law gives Us to collect, including a mechanics lien.

10. Scheduling and Cancellation

Appointments. Appointments can be scheduled by phone or email. We will make every effort to arrive at the scheduled time but cannot guarantee exact arrival times because of unforeseen circumstances.

Cancellation. If You cancel or reschedule, please give at least 24 hours' notice. Without 24 hours' notice, a cancellation fee of $50 applies. No fee applies if We cancel or reschedule.

Access. You, or an adult You authorize, must be present to give access and approve estimates. If no one is available after a reasonable wait, the Service Call Charge may apply.

11. Protection of Property and Drain Cleaning Issues

Protecting Your property. We will take reasonable steps to protect the Property and Your personal property. Some work can occasionally damage improvements despite reasonable care, such as curbs, sidewalks, walks, driveways, garages, patios, lawns, shrubs, sprinkler systems, wallpaper, drywall, stucco, cabinets and other parts of the residence or real property. We are not responsible for those ordinary and unavoidable consequences of the work.

Your responsibilities. You are responsible for removing or protecting personal property, inside and out, and for controlling children and animals. We are not responsible for damage caused by people delivering materials, or for keeping gates and doors closed for children and animals.

Drain cleaning. Drain lines can be fragile or damaged in ways that cannot be seen. If a cleaning cable or cutter head becomes stuck or lodged in a line despite reasonable care, You are responsible for the cost to remove it and for resulting repairs to the line. If a sewage spill occurs without Our negligence, including one involving hazardous material, You are responsible for the clean-up cost. To the extent the law allows, You release Us from responsibility for these events unless they are caused by Our negligence or willful misconduct.

12. Completion of Work and Notice of Concerns

Unless We have agreed to return to complete the work, work is complete when We leave the Property. Please tell Us within three (3) days after We leave if You believe work was not completed or if You believe We did not take reasonable steps to protect the Property or Your personal property, so We can inspect and respond promptly.

If You do not tell Us within that period, We may treat the labor and materials as accepted as to items that were apparent when We left. This does not shorten any warranty period in Section 13 or any right You have under California law, including for defects that were not apparent.

13. Warranty

Coverage. We warrant drain cleaning-related work for 30 days and all other labor We perform for one year. The warranty covers the specific service performed and does not extend to other plumbing components or systems. Parts and materials carry any manufacturer's warranty, which We will help You use.

Making a claim. Warranty claims must be made in writing within the warranty period and are subject to Our inspection and approval. The warranty is void if the work We performed is repaired, altered or overhauled by someone else without Our prior consent, which We will not unreasonably withhold.

Recommendations. If a technician recommends options You decline, and those options were meant to address the risk of a later failure, that failure is not covered by Our warranty and We are not responsible for resulting consequential damages or losses.
Drain cleaning. The drain cleaning warranty does not apply to lines that are compromised, have lost structural integrity, or were not designed or installed for their present use.
Opportunity to repair. You must give Us the first opportunity to inspect and repair any alleged defective work. We will not reimburse You for inspection or work by any other company or person, and failing to give Us that opportunity voids the warranty, except in an emergency where We cannot respond promptly.
Exclusions. The warranty does not cover any defect or damage caused or partly caused by (i) Your failure to properly maintain the work or follow instructions We give You; (ii) Your use of fixtures or other components after a defect became apparent, or would have become apparent to a reasonably prudent user; or (iii) wear and tear, accident or act of God.

Only warranty. THIS WARRANTY IS THE ONLY WARRANTY WE PROVIDE. TO THE EXTENT THE LAW ALLOWS, YOU ACCEPT IT IN PLACE OF ANY IMPLIED WARRANTY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

14. Limitation of Liability

To the fullest extent the law allows, We are not liable for indirect, incidental or consequential damages, such as lost rent, loss of use or temporary lodging, and Our total liability for any claim arising from the services is limited to the amount You paid Us for the service that gave rise to the claim.

This Section does not limit liability for fraud, willful misconduct, gross negligence, personal injury, violation of law, or anything else the law does not allow Us to limit.

15. General Provisions

Governing law and venue. California law governs this Agreement. Any lawsuit must be filed in the county where the Property is located, and either of us may use small claims court there.

Resolving problems first. Before filing a lawsuit (other than in small claims court), please send Us written notice of the problem and allow 30 days for us to try to resolve it, except where delay would cause injury or damage.

Attorney's fees. In any action to enforce this Agreement, the prevailing party may recover reasonable attorney's fees and costs.

Entire agreement; changes. This Agreement, together with each estimate or additional work You approve, is the entire agreement between us and replaces any earlier or verbal statements, other than the Estimated Price shown on the Mobile Device. Changes must be approved by both of us in writing or electronically.

Laws that cannot be waived. If any term of this Agreement conflicts with a California law that cannot be waived, that law controls. If any term is found unenforceable, it is limited to the minimum extent needed and the rest of this Agreement stays in effect.

Communications. You agree We may contact You by phone, text message or email about scheduling, estimates, work and invoices at the contact information You give Us.

16. Definitions

"Normal Business Hours" means Monday through Friday, 8 a.m. to 6 p.m. All other times, including weekends and holidays, are outside Normal Business Hours.

"Standard Hourly Rate" means $200 per hour per technician during Normal Business Hours and [$380] per hour per technician at any other time.

Other defined terms: "Property" and "Mobile Device" (Section 1), "Service Call Charge" (Section 2), "Estimated Price" and "Estimated Work" (Section 3), and "Emergency Work" (Section 8).

17. Required California Notices

Contractors State License Board notice. Contractors are required by law to be licensed and regulated by the Contractors State License Board. Any questions concerning a contractor may be referred to the Registrar, Contractors State License Board, P.O. Box 26000, Sacramento, CA 95826. Write CSLB at P.O. Box 26000, Sacramento, CA 95826.

[BEFORE USE: confirm the full current wording of Bus. & Prof. Code §7030 with your attorney or CSLB, and print this notice in at least 12-point type.]

Notice to Owner (mechanics lien). Under the California Mechanics' Lien Law, any contractor, subcontractor, laborer, supplier, or other person or entity who helps to improve your property but is not paid for their work or supplies has a right to place a lien on your home, land, or property where the work was performed and to sue you in court to obtain payment. This means that after a court hearing, your home, land, and property could be sold by a court officer, and the proceeds of the sale used to satisfy what you owe. This can happen even if you have paid your contractor in full if the contractor's subcontractors, laborers, or suppliers remain unpaid.

To preserve their rights to file a claim or lien against your property, certain claimants such as subcontractors or material suppliers are each required to provide you with a document called a "Preliminary Notice." Contractors and laborers who contract with owners directly do not have to provide such notice since you are aware of their existence as an owner. A preliminary notice is not a lien against your property. Its purpose is to notify you of persons or entities that may have a right to file a lien against your property if they are not paid.

In order to perfect their lien rights, a contractor, subcontractor, supplier, or laborer must file a mechanics' lien with the county recorder, which then becomes a recorded lien against your property. Generally, the maximum time allowed for filing a mechanics' lien against your property is 90 days after substantial completion of your project.

[BEFORE USE: if the work is a home improvement contract under Bus. & Prof. Code §7159, replace the notice above with the "Mechanics Lien Warning" required by §7159(e)(4), word for word, and confirm the filing deadline stated above is current.]

Right to cancel. You requested this service. If California law gives You a right to cancel this Agreement, the Notice of Cancellation required by law is provided with this Agreement and explains how and when You may cancel.

[BEFORE USE: have your attorney supply the statutory Notice of Cancellation and any insurance and service-and-repair notices required for your typical jobs (Civil Code §1689.7; Bus. & Prof. Code §§7159, 7159.10).]