Terms & Policies
Burleson Plumbing and Heating Company
141 Highland Avenue
Spruce Pine, NC 28777
(828)-765-4042
Burleson Plumbing and Heating Company Terms & Conditions
1. CONTRACT QUOTE
A contract quote is Burleson Plumbing and Heating Company’s agreement to perform all work specified for a fixed price. If the actual cost of the work is more or less than the contract quote, the owner remains obligated only to pay the amount of the contract quote. The contract quote does not include change orders or extra work requested by the owner or required by a public authority.
2. ESTIMATE
An estimate is Burleson Plumbing and Heating Company’s approximation of the eventual cost of work. Because of concealed conditions, difficulty in assessing problems, or uncertainty in determining the best methods, the actual cost may exceed the estimate. The owner shall be obligated to pay the actual cost of work performed. If costs appear likely to substantially exceed the estimate, Burleson Plumbing and Heating Company will make reasonable efforts to notify the owner verbally or in writing. The owner may request work to stop at any time, but remains obligated to pay for all work performed up to cessation (see Section 5).
3. CHANGE ORDERS OR EXTRA WORK
The owner may request changes or modifications in the scope of work. The terms of a written change order shall be binding. Unless otherwise agreed in writing, all extra work shall be calculated using Burleson Plumbing and Heating Company’s current labor rates and actual material costs (see Section 5).
4. EXTRA WORK REQUIRED BY PUBLIC AUTHORITY
If a public authority requires modifications or corrections beyond the original scope, the contract price will be adjusted as per Section 3. Burleson Plumbing and Heating Company is not responsible for inspections, analysis, or reports not ordinarily required by a building inspector.
5. COST OF THE WORK
Unless performed under a contract quote, Burleson Plumbing and Heating Company will calculate the cost of work as follows:
Labor: Charged at current company rates.
Materials/Equipment: Charged at suggested retail price.
Subcontractors: Charged at actual cost.
Permits/Fees: Charged at cost plus processing fee.
6. PAYMENT
Payment is due in full upon completion of work, unless otherwise approved in writing. Invoices are issued at completion. A statement will be sent at the end of the month for work performed.
6.1 Down Payment & Default
A down payment of 20–50% is required before work commences. The balance is due upon completion unless an approved payment plan applies. In case of default, interest accrues at 1.5% per month (18% annually) or the maximum lawful rate, whichever is less. Customer shall pay all legal fees and costs of collection.
6.2 Payment Plans (Approval Required)
Jobs under $300: Due within 30 days of billing.
Jobs $300 or more: Due within 2 months of billing.
7. SCHEDULING
It is the property owner’s responsibility to schedule work. If Burleson Plumbing and Heating Company arrives at a job site that is not ready, the owner agrees to pay for the expense of a nonproductive trip.
8. PREMISES
Burleson Plumbing and Heating Company will keep premises free from waste caused by its operations and will remove all waste, tools, and equipment upon completion. The owner must identify and guarantee the location of underground utilities, restrictions, easements, septic systems, and property lines. The owner assumes responsibility for landscaping, trees, shrubs, and plants that may be damaged. Burleson Plumbing and Heating Company is not liable for damage to underground utilities not properly marked or disclosed.
9. WARRANTY
Burleson Plumbing and Heating Company warrants labor and materials it provides for one (1) year from the date of installation, except drain cleaning which carries no warranty due to conditions beyond our control. Manufacturer warranties apply to supplied parts and equipment. This warranty is void if a third party modifies or repairs our work.
10. INTEREST
All unpaid amounts shall bear interest at 1.5% per month (18% annually) or the maximum lawful rate, whichever is less.
11. DISPUTES AND REMEDY
All disputes regarding labor or materials must be reported within 15 days of completion. Unresolved disputes, including mechanic’s liens, shall be submitted to binding arbitration under the rules of the American Arbitration Association (AAA) or another mutually agreed arbitration body. Venue shall be Mitchell County, NC. In the event of legal action, the prevailing party is entitled to recover attorney’s fees and costs as permitted by law.
12. CORRECTION OR COMPLETION OF WORK
Burleson Plumbing and Heating Company has the irrevocable right to perform corrective or pick-up work. The owner must provide a written list and reasonable time for completion before hiring another contractor. Failure to allow Burleson Plumbing and Heating Company this opportunity voids all warranties.
13. DISCLAIMERS
Burleson Plumbing and Heating Company is not responsible for:
Drywall, fixtures, structural, or other damage necessary to complete work or arising from existing plumbing, sewer, or HVAC problems.
Damage to sewer lines or repairs required if equipment becomes stuck, including cutting into drywall, concrete, roofing, or landscaping.
Leveling of tubs, shower bases, or floors (additional work billed separately).
Damage from moving/relocating appliances.
Detailed landscaping work.
LIMITATION OF LIABILITY
Burleson Plumbing and Heating Company shall not be liable for incidental, indirect, or consequential damages, including lost profits, water damage, or property damage, except to the extent caused by its own negligence.FORCE MAJEURE
Burleson Plumbing and Heating Company shall not be responsible for delays or failure to perform due to causes beyond its reasonable control, including weather, labor disputes, supply shortages, government orders, or acts of God.SEVERABILITY
If any provision of these Terms & Conditions is found invalid or unenforceable, the remaining provisions shall remain in full force and effect.