Terms and Conditions
All Payments are due at the time of service. All estimates are good for 30 days.
**Blue Bear Plumbing accepts no responsibility for any MassSave rebate eligibility. All eligibility must be confirmed by the customer with MassSave.**
I understand if my check does not clear, I am liable for the check and any additional bank charges. I agree to pay the 1.75% per month for the past due amounts (minimum charge of $30). If the collection efforts are initiated against me, I shall pay for all associated fees at the posted rates as well as all attorney’s fees and collection costs. I agree that the amount set forth in the space marked “Total” is the price that I have agreed to pay today. If I am dissatisfied with the work, I will contact this company prior to posting to any online forums, websites, social media, or review sites. I agree to give Blue Bear Services the opportunity to address my dissatisfaction. Any comment or review posted anywhere on the internet must be removed immediately until Blue Bear Services is contacted via phone call, and you have spoken directly to the OWNER to address the issue. If my grievances cannot be resolved to my satisfaction, I agree to post the full story of our conversation and interaction with any social media posting (which includes YELP, Home Advisor, Angie’s List. Google, Facebook, etc). If any comments and or reviews are missing the complete story, the post must be immediately removed and will result in legal action by Blue Bear Services. I have been given the opportunity to address concerns and/or discrepancies in the work provided, and I either have no such concerns or have found no discrepancies or they have been addressed to my satisfaction. My signature here signifies my full and final acceptance of all work performed by the contractor.
ADR
If any dispute arises in connection with this agreement, the parties agree to enter into mediation in good faith to settle the dispute and will do so in accordance with Mediation Procedures of the American Arbitration Association (“AAA”). Unless otherwise agreed between the parties, within 14 calendar days of written notice of the dispute, the mediator will be nominated by the AAA. To initiate the mediation a party must give notice in writing (‘ADR notice’) to the other party[ies] to the dispute, referring the dispute to mediation. A copy of the referral should be sent to AAA.
If there is any point on the logistical arrangements of the mediation, other than the nomination of the mediator, upon which the parties cannot agree within 14 calendar days from the date of the ADR Notice, where appropriate, in conjunction with the mediator, AAA will be requested to decide that point for the parties having consulted with them. Unless otherwise agreed, the mediation will start not later than 28 calendar days after the date of the ADR notice.
Any claim or controversy arising out of or relating to this contract, or the breach thereof, not settled by mediation shall be settled by arbitration administered by the American Arbitration Association under its Construction Industry Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
Home Improvement Contract
Terms and conditions:
- Blue Bear Services does hereby warranty the services provided by it for the period stated on the Contract. This warranty covers service and labor only. All parts installed as part of the work by Blue Bear Services is covered by the manufacturer’s covers service and labor only. All parts installed as part of the work by Blue Bear Services is covered by the manufacturer’s warranty only. Customer shall have no recourse against Blue Bear Services for the defects in parts utilized. This Warranty is limited to defect in workmanship not caused by intervening acts such as mistreatment or neglect by customer. If a defect in workmanship is detected, customer shall promptly notify Blue Bear Services of the defect and shall allow Blue Bear Services the opportunity to complete repairs of the defective workmanship. This remedy is exclusive. If customer fails to notify Blue Bear Services of the alleged defect in workmanship and not allow Blue Bear Services the opportunity to repair the defect, customer shall have no remedy at law.
- Limitations of Liability: Customer understands and agrees Blue Bear Services shall not be liable for any damage caused as a result of existing improper, worn, rusted or defective plumbing, pipe fixtures, walls, flooring, and/or roofing. Customer further understands and agrees Blue Bear Services shall not be liable for any incidental or consequential damagers which result from materials supplied of services rendered.
- Resolution of Disputes: A. Customer agrees that all disputes under this agreement shall be litigated in courts chosen by Blue Bear Services. B. Customer further agrees that the Law of the State shall apply to all disputes between the parties
- Attorney’s Fees: It is hereby agreed between the parties hereto that the prevailing party in any action instituted, relating, or referring to this agreement, shall have additional right to recover his/her attorney’s fees costs in addition to the cost of the action itself.
- Entire Contract: This agreement replaces and supersedes all previous agreements, written or oral, with the respect to the work performed by Blue Bear Services. Should anyone or, more of the contract provisions be determined illegals and/or unenforceable, all remaining provisions shall nevertheless remain effective.
- Amendments: Amendments to this agreement may only be made in writing and signed by Change
- Warranty of Ownership: Customer does hereby represent that he or she is the owner of the authorized agent of the owner of the real property which Blue Bear Services will commence work.
- Force Majeure: Blue Bear Services shall not be liable under the provisions of this agreement for damages on account of strikes, lockouts, accidents, fires, delays in manufacturing, delays of carriers, acts of God, governmental actions, state of war, or any other cause beyond the control of the manufacturer whether like those enumerated.
- Mold Release: Contractor Blue Bear Services makes no representation of warranty, express, implied, or otherwise regarding mold, fungi, rust, corrosion or other bacteria or organisms. Contractor shall have no duty or responsibility or liability all of which is expressly waived by you for losses, fines, penalties, testing, analysis, monitoring, cleaning, removal, disposal, abatement, decontamination, remediation, repair, replacement, relocation, loss of use of building, or building equipment and systems, or personal injury, sickness, or disease associated with mold, fungi, rust, corrosion or other bacteria or organisms. Any implied warranty of workmanlike construction, implied warranty of habitability or an implied warranty of fitness for a particular use hereby waived and disclaimed.
- Deposit/Down Payment: It is against the law for a contractor to collect payment for work not yet completed, or for materials not yet delivered. However, a contractor may require a down payment. The down payment cannot exceed one- third of the total contract. Progress payments must describe each phase of work including the amount of each payment.
Mechanic’s Lien Warning
Anyone who helps improve your property, but who is not paid, may record what is called a mechanics lien on your property. A mechanics lien is a claim, like a mortgage or home equity loan, made against your property and recorded with the county recorder. Even if you pay your contractor in full, unpaid subcontractors, supplies, and laborers who helped to improve your property may record a mechanics lien and sue you in court to foreclose the lien. If a court finds the lien is valid, you preserve their right to record a lien, each subcontractor and material supplier must provide you with a document called a 20 Day Preliminary Notice. This notice is not a lien. The purpose of the notice is to let you know that the person who sends you the notice has the right to record a lien on your property if he or she is not paid. Protect yourself from liens. You can protect yourself against liens by getting a list of all subcontractors, laborers and suppliers that work on your project. Make sure every person has been paid in full after completion of each phase in writing. Remember, if you do nothing, you risk having a lien placed on your home. This can mean that you may have to pay twice, or face the forced sale of your home to pay what you owe.
RIGHT TO CANCEL: This agreement authorizes the contractor to perform the work described in the estimate and/or proposal provided to the customer. The contractor warrants to the homeowner that materials and equipment furnished under the contract are of good quality and free from known defects. In addition to all manufacturer warranties, the contractor warrants that all work performed will conform to trade best practices and customs and provides an additional One-year (1) workmanship warranty to correct any defect in the work performed. This warranty excludes damage or defects caused by abuse, neglect, alterations to work not performed by the contractor, improper operation, and normal wear and tear. If the homeowner fails to notify contractor of defects within the one-year period or does not provide the contractor adequate opportunity to correct such defects, the homeowner waives the right to require corrections and waives any claims for breach of warranty. Customer agrees and acknowledges that under state and federal law, Customer has a right to cancel this Agreement upon written notice to Company within three (3) business days of the Effective Date hereof without penalty. The homeowner may rescind this agreement within three (3) days after signing. Rescission may be made by giving verbal or written notice via email or text to the sales representative or manager primarily responsible for overseeing the performance of the work. In the event of any job cancellation after the expiration of the 3- day cancellation period or waiver thereof, Customer acknowledges that such cancelation shall result in forfeiture of any deposits made. Additionally, Customer agrees and acknowledges that Company reserves the right, in its sole and exclusive discretion to charge Customer a restocking fee equal to Twenty Percent (20%) of the costs and fees associated with any parts, equipment, or materials.
Information About Licensed Contractors
Use only licensed contractors. If you file a complaint against a licensed contractor within the legal deadline, the authority will investigate the complaint. If you use and unlicensed contractor. The authority may not be able to help you resolve your complaint. Your only remedy may be civil court, and you may be liable for damages arising out of any injuries to the unlicensed contractor or the unlicensed contractor’s employees.
COMPLETION ACCEPTANCE OF WORK PERFORMED
I acknowledge satisfactory completion of the work designated on this invoice and that the premises have been left in a satisfactory condition. I understand if my check does not clear, I am liable for her check and any charges from the bank. I agree to pay the 1.75% per month for the past due amounts (minimum charge of $30). If the collection efforts are initiated against me, I shall pay for all associated fees at the posted rates as well as all attorney’s fees and collection costs. I agree that the amount set forth in the space marked “Total” is the price that I have agreed to pay today. If I am dissatisfied with the work, I will contact this company prior to posting to any online forums, websites, social media, or review sites. I agree to give Blue Bear Services the opportunity to address my dissatisfaction. Any comment or review posted to anywhere on the internet must be removed immediately until Blue Bear Services is contacted via phone call, and you have spoken directly to the OWNER to address the issue. In the event that my grievances cannot be resolved to my satisfaction, I agree to post the
full story of our conversation and interaction with any social media posting (which includes YELP!, Home Advisor, Angie’s List. Google, Facebook, etc). If my comments and or reviews are missing the complete story, the post must be immediately removed and will result in legal action by Blue Bear Services.
If any dispute arises in connection with this agreement, the parties agree to enter into mediation in good faith to settle the dispute and will do so in accordance with Mediation Procedures of the American Arbitration Association (the “AAA”). Unless otherwise agreed between the parties, within 14 calendar days of written notice of the dispute, the mediator will be nominated by the AAA. To initiate the mediation a party must give notice in writing (‘ADR notice’) to the other party[ies] to the dispute, referring the dispute to mediation. A copy of the referral should be sent to AAA.
If there is any point on the logistical arrangements of the mediation, other than the nomination of the mediator, upon which the parties cannot agree within 14 calendar days from the date of the ADR Notice, where appropriate, in conjunction with the mediator, AAA will be requested to decide that point for the parties having consulted with them. Unless otherwise agreed, the mediation will start not later than 28 calendar days after the date of the ADR notice.
Any claim or controversy arising out of or relating to this contract, or the breach thereof, not settled by mediation shall be settled by arbitration administered by the American Arbitration Association under its Construction Industry Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
