TNT Plumbing Heating and Cooling
Terms & Conditions
Terms & Conditions
TERMS AND CONDITIONS – This Independent Contractor Agreement (the “Agreement”) is made effective by, and between the customer listed (the “Recipient”) at the listed address, and TNT Plumbing Heating and Cooling (the “Contractor”), of 4104 Sable Ave, Suite 2, Firestone, CO 80504. In this Agreement, the party who is contracting to receive the services shall be referred to as the “Recipient” and the party who is providing the services shall be referred to as the “Contractor.”
DESCRIPTION OF SERVICES – The Contractor will provide the services listed on the Recipient’s estimate/invoice.
HVAC/PLUMBING/ELECTRICAL SERVICES – Furthermore, the Contractor has the sole right of control over how the Contractor will perform these services, and/or any future services. The Recipient has no right of control. The Contractor will provide any equipment or materials necessary to complete the service unless agreed upon prior to the service being completed. Any agreement of this sort is to be documented on an estimate/invoice.
PAYMENTS FOR SERVICES – The Recipient will pay compensation to the Contractor for all services completed. Payments will be made as follows:
When a project requires a rough-in and trim-out, then each portion of the job requires a payment upon completion, unless otherwise agreed which is to be documented in writing.
Any other projects that do not require progress payments will be paid in the full amount upon completion, though any work totaling over $2000.00 may require a down payment. Permitting, sales taxes and disposal fees will be included in the estimated price and will not be added to the final invoice amount. The Recipient is responsible for all permitting fees associated with their project, regardless of if the work is completed. Permits are submitted for by the Contractor up to one business week before the completion of the job, typically within 72 hours of the job scheduled. If the project is canceled after the permit is pulled, the Recipient is responsible for the permitting fees and taxes in its entirety. This will be sent as a separate invoice after cancelation. A 3% credit card processing fee will be added but can be voided if the invoice is paid by check or cash.
Personal checks are accepted by the Contractor only with valid name and address. Any checks that are returned for any reason will be subject to a $30.00 returned check administration fee and the payment that was returned will be shown as overdue. Remittance of the returned check and administration fee will be required within 10 days of notice. Failure to remit the overdue balance will lead to collections.
Cancelation of scheduled installations must be done more than 72 hours in advance of the start date. If a cancelation occurs within 72 hours of the start date, a 15% restocking fee will be invoiced to the Recipient along with any permitting fees and taxes acquired for the project. The invoice will be Net 10 terms (payable within 10 business days) and a 3% credit card processing fee will be added if applicable.
Down payments will only be refunded if a job is canceled more than 72 hours in advance. If the cancelation occurs less than 72 hours before the scheduled job, the restocking fee, permitting fees and taxes will be taken out of the down payment, and the remainder will be refunded in the manner which it was collected.
Any services rendered outside of the original agreement will be given as a separate change order invoice and will be paid in full upon completion. Accounts not paid within 30 days can be subject to late fees accumulated per month. After 120 days past due, these invoices can be subject to legal action. It is the responsibility of the Recipient to render any and all payments.
No other fees and/or expenses will paid to the Contractor, unless such fees and/or expenses have been approved in advance by the Recipient (i.e. electrical or excavation work sub-contracted by the Contractor, this example would be put in writing on the estimate for Recipient approval). The Contractor shall be solely responsible for any and all payroll expenses, including tax remittance, as well as Workers Compensation, General Liability and Auto insurance for themselves. The Recipient is responsible for their own coverages.
When provided an estimate, the price outlined is valid for 60-days. If you reach a decision beyond that time frame, a new estimate will have to be provided even if the price does not change.
TERMINATION – This Agreement will be terminated in writing. The Contractor has the ability to terminate this Agreement “at will.” A regular, ongoing relationship of indefinite term is not anticipated. The Recipient has no right to assign services to the Contractor other than as specifically considered by this Agreement. However, the parties may mutually agree that the Contractor shall perform other services for the Recipient, pursuant to the terms of this Agreement which must be submitted in writing.
RELATIONSHIP OF THE PARTIES – It is understood by the parties that the Contractor is an independent contractor with respect to the Recipient, and not an employee of the Recipient. The Recipient will not provide fringe benefits, including health insurance benefits, paid vacation, or any other employee benefit, for the Contractor. It is expected that the relationship between the parties shall be a non-exclusive one. The Contractor also performs services for other organizations and/or individuals. The Recipient has no right to further inquire into the Contractor’s other activities and will respect the time designated to other customers, just as your time will be respected to the best of abilities.
RECIPIENT’S CONTROL – The Recipient has no right or power to control or otherwise interfere with the Contractor’s mode of achieving completion of work under this Agreement. The Recipient’s only concern is the result of the Contractor’s work, and not the means of accomplishing it. Except in extraordinary circumstances and when necessary, the Contractor shall perform the services without direct supervision by the Recipient.
PROFESSIONAL CAPACITY – The Contractor is a professional who uses its own professional and business methods to perform services. The Contractor has not and will not receive training from the Recipient regarding how to perform the services. As a licensed plumbing and HVAC company in the state of Colorado, the state’s safety, code and other regulations are what dictates the work performed.
PERSONAL SERVICES NOT REQUIRED – The Contractor is not required to render the services personally and may employ others to perform the services on behalf of the Recipient without the Recipient’s knowledge or consent. If the Contractor has assistants, it is the Contractors responsibility to hire them and to provide materials and compensation for them. The Contractor employs “at will” through thorough interview processes and background checks.
NO LOCATION ON PREMISE – The Contractor has no desk or other equipment located at or furnished by the Recipient except that the Contractor works in the territory as defined by the Recipient, its services are not integrated into the mainstream of any Recipient business(es).
WORK HOURS – The Contractor is a business hours service company with regular hours being Monday through Friday, 8am-5pm. Any services rendered outside of regular working hours are subject to “After Hours/Emergency fees.”
WARRANTY – The Contractor will warranty their labor for up to one calendar year. Labor warranty is only valid if listed on your original invoice. This warranty is valid only if the original work was not completed appropriately and needs adjusted/fixed. If a new (or unrelated to the original work) problem arises, it is the Recipient’s responsibility to pay the Contractor for any and all work performed to remedy the issue(s). If the Recipient so chooses to hire another contractor to complete work that would fall under this warranty, or any other warranty, it is the Recipient’s responsibility to compensate the other company. The Contractor is never responsible for any bills/invoices accumulated with any services provided to the Recipient from another company unless agreed to and outlined in writing before the service is rendered.
CONFIDENTIALITY – The Contractor may have access to proprietary, private and/or otherwise confidential information of the Recipient during services. Confidential information shall mean all non-public information which constitutes, relates, or refers to the operation of the business of the Recipient, including without limitation, all financial, investment, operational, personal, sales, marketing, managerial and statistical information of the Recipient, and any and all trade secrets, customer lists, or pricing information of the Recipient. The nature of the information and the manner of disclosure are such that a reasonable person would understand it to be confidential. The Contractor will not, at any time, or in any manner, either directly or indirectly, use for the personal benefit of the Contractor, or divulge, disclose, or communicate in any manner any confidential information. The Contractor will protect such information and treat the confidential information as strictly confidential. This provision shall continue to be effective after termination and/or completion of all services and this Agreement.
INJURIES – The Contractor acknowledges their obligation to obtain, and maintain, appropriate insurance coverages for the benefit of the Contractor (including all Contractor employees). The Contractor waives any rights to recovery from the Recipient for any injuries that the Contractor and/or Contractor employees may sustain while performing services under this Agreement and that are the result of negligence of the Contractor or their employees. The Contractor will provide the Recipient with proof of insurance upon request. The Contractor will not list Recipients as additionally insured.
INDEMNIFICATION – The Contractor agrees to indemnify and hold harmless the Recipient from all claims, losses, expenses, fees including attorney fees, costs and judgements that may be assert against the Recipient that result from the acts or omission of the Contractor’s employees, and the Contractor’s agents.
NO RIGHT TO ACT AS AGENT – An “employee-employee” or “principle-agent” relationship is not created merely because (1) the Recipient has or retains the right to supervise or inspect the work as it progresses in order to ensure compliance with the terms of the contract or (2) the Recipient has or retains the right to stop work done improperly. The Contractor has no right to act as an agent for the Recipient and has an obligation to notify any involved parties that is not an agent of the Recipient.
ENTIRE AGREEMENT – The Agreement constitutes the entire contract between parties. All terms and conditions contained in any other writings previously executed by the parties regarding the matters contemplated herein shall be deemed to be superseded hereby.
WAIVE OF BREACH – The waiver by the Recipient of a breach of any provision of this Agreement by the Contractor shall not operate or be construed as a waiver of any subsequent breach by the Contractor.
SEVERABILITY – If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
APPLICABLE LAW – This Agreement shall be governed by the laws of the State of Colorado.