Thank you for choosing Day & Nite Plumbing & Heating, Inc. to help you with your plumbing and HVAC projects.

Please review the following items carefully; they are a part of our Agreement for working together. The things we will address include….

• Vocabulary
• No Other Agreements
• Who we Employ & who we Serve
• Payment
• Financing
• Subscriptions
• Cancellation Fees & Charges
• Warranties & Warranty Exceptions
• Lifetime Workmanship Guarantee
• Manufacture Warranties
• Red Carpet Club
• Work Execution
• Force Majeure
• Hazardous Materials
• Inspections
• Timelines, Deadlines & Completion Dates
• Resolving Disputes/Disagreements

Vocabulary

“Us”, “We”, “Our”, “company” is Day & Nite Plumbing & Heating, Inc. and its agents. “You”, “Your”, “Customer” is referring to whom Day & Nite Plumbing & Heating, Inc. are working for or potentially may be hired to work for including; owner, customer, agent of the owner, agent of the property. “Contract” is a Day & Nite Plumbing & Heating, Inc. written Agreement, Estimate, Invoice, Bid, Proposal, and/or Contract. “Day & Nite Plumbing & Heating, Inc. Agents” is personnel/employees, contractors, and/or other services employed and authorized by Day & Nite Plumbing & Heating, Inc. to perform on the company’s behalf. “Service” is Maintenance, Repairs, Work, and/or Goods and/or Services provided by Day & Nite Plumbing & Heating, Inc. “Damages” includes all of the following; Incidental Damages, Consequential Damages, Nominal Damages, Liquidated Damages, Compensatory Damages, Liquidated Damages, and Punitive Damages.

No Other Agreements

By authorizing, signing, or verbally agreeing to any Contract provided by Day & Nite Plumbing & Heating,
Inc. you are accepting these terms and conditions “as is”, you agree to the most current version of these Terms & Conditions. This agreement and its Terms & Conditions outlined here sets forth and constitutes the entire agreement and understanding of the parties with respect to the subject matter hereof. This agreement and its Terms & Conditions supersedes any and all prior agreements, negotiations, correspondence, undertakings, promises, covenants, arrangements, communications, representations, and warranties, whether oral or written, of any party to this agreement. The Customer also agrees the act of the Company providing goods and/or services is by its nature the customer authorizing the work and agreeing to the contract and its Terms & Conditions. If any element of this contract and/or these Terms & Conditions is deemed unenforceable the remaining elements are to be upheld.

Who we Employ & Who we serve

Day & Nite Plumbing & Heating, Inc. is an equal opportunity employer and does not discriminate based on race, religion, sex, or ethnic background. However, we do practice both pre-employment and Drug & Alcohol Testing at least annually, and Background & Licensing checks in an effort to screen out inappropriate and/or un-credentialed individuals.

Day & Nite Plumbing & Heating, Inc. reserves the right to refuse service to anyone, but does not discriminate based on race, religion, sexual orientation or ethnic background.

Payment

All Invoices are due and Payable on Invoice Date listed on the Invoice. Terms on Established Billing
Accounts must be pre-approved in writing by Day & Nite Plumbing & Heating, Inc. and are not to exceed NET 30 DAYS, unless otherwise specified in writing by Day & Nite Plumbing & Heating, Inc. Any balance unpaid after 30 days from Invoice date is subject to a reasonable re-billing fee of $25.00 per month and a 1% per month late fee or the maximum allowed by law in the State of Washington. We cannot & do not hold funds, (i.e.; postdated checks) We accept Cash, Credit Cards, and Checks with proper I.D. In the event of any default in payment, the Owner/Customer who accepts this Contract and/or by verbal agreement, agrees to pay all costs of settlement and collection, incurred or expended, including but not limited to interest fees, lien fees, costs of suit or arbitration, and reasonable attorney’s fees. If your payment by check is returned to us unpaid, it must be replaced with cash within 10 days and include a $25 fee or the maximum allowed by law in the State of Washington. If payment is not received within 10 days of returned check, collection efforts will begin immediately. Day & Nite Plumbing & Heating, Inc. is entitled to all reasonable attorney fees and any and all costs of collection efforts in addition to and including: re-billing fees, late fees, lien fees, and returned check fees.

Financing

Financing using a program offered by the Company is through a third-party credit institution. All payments and approval are criteria of the third-party credit institution, not the Company. Any interaction and engagement with the third-party credit institution is between the Customer and the third-party credit institution. The Company is not liable or at fault for any interaction, engagement, and results thereof with the third-party credit institution. Financing is considered another method of payment like cash, check, or credit card. Any default in payment to the Company is subject to the same Terms and Conditions of the contract.

Subscriptions

By agreeing to a subscription, you are agreeing to services and/or products, automatic charge to your bank account or credit card, most current terms & conditions, most current pricing, and automatic renewal. Subscription pricing will be subject to local and state taxes. We reserve the right, at the sole discretion of Day & Nite Plumbing & Heating, Inc., to amend, change, add, or cancel; subscription pricing, services provided, benefits, and terms and conditions at any time with 30 day notice emailed to provided email by customer or posted online. Subscriptions are charged monthly and are non-refundable. Cancelation by subscriber must be sent in writing emailed to Membership@DayandNite.net or sent by mail to 16614 13th Ave W., Lynnwood WA. 98037. A cancelation notice must include: First & Last Name of subscriber, Contact email & phone number of subscriber, address location for subscription service, billing address (if different from service location), a statement of intent to cancel, and subscription services you wish to cancel. Cancelation will be 30 days from date cancelation notice is received. We reserve the right to cancel any subscription at our sole discretion with a 30 day notice sent to the email provided by the customer. Once a subscription is canceled Day & Nite Plumbing & Heating is not obligated to provide or maintain any goods, services, warranties, discounts, or any other benefit that was part of the subscription.

Day & Nite Plumbing & Heating, Inc. contracts that have written within it a subscription service, the terms and conditions for the Day & Nite Plumbing & Heating, Inc. Contract will prevail where there is contradiction or where a subject is not addressed.

It is the subscriber’s responsibility to maintain payments and stay current. Day & Nite Plumbing & Heating, Inc. is not obligated to honor any benefit, service, warranty, discount, and/or guarantee for any subscription that is not current with all payments and paid in full and/or where the subscription has been canceled. Reinstating a subscription is at the sole discretion of Day & Nite Plumbing & Heating, Inc. and may require past due subscription fees to be paid in full, finance charges, and/or rebilling fees prior to reinstatement of a service-based subscription.

Any services and/or products, benefits, and/or discounts included with a subscription is the subscriber’s responsibility to initiate and utilize. Some services and/or products, benefits, and/or discounts may have some conditions or limitations and must operate within those conditions and limitations.

Cancellation Fees & Charges

Please know that after you agree to Our Contract, we will begin to procure equipment, plan and mobilize on your project, and secure time on our schedule for you project. If this project is canceled for any reason, you are responsible for those costs, regardless if we have started at your project site yet or not. These fees, should we incur them, may be as much as 20% of the total contract price in addition to work already performed. If work is canceled after Day & Nite Plumbing & Heating, Inc. or its agents have started on site of project, or we are not allowed to complete the project, the customer is responsible to pay Day & Nite Plumbing & Heating, Inc. for the amount of work performed by Day & Nite Plumbing & Heating, Inc. and/or its agents in addition to up to a 20% restock fee of the total contract price. Restock fees and charges for the work performed on incomplete projects are to be determined by Day & Nite Plumbing & Heating, Inc. at its sole discretion. Once a project is started any delay more than 7 days is subject to progress billing. The amount for progress billing will be determined by Day & Nite Plumbing & Heating, Inc. at our sole discretion.

Warranties & Warranty Exceptions

Any warranty offered by Day & Nite Plumbing & Heating, Inc. is a limited warranty with terms, exclusions, and conditions. If Warranty work becomes necessary, it is to be done by Day & Nite Plumbing & Heating, Inc. or agents authorized by Day & Nite Plumbing & Heating, Inc. 8am – 6pm Monday – Friday, excluding holidays. Day & Nite Plumbing & Heating, Inc. will not pay a third party to diagnose, service, or repair work that we have done. Anyone other than Day & Nite Plumbing & Heating, Inc. servicing, working on, repairing, providing maintenance, and/or diagnosing any work we have done or equipment we have worked on or installed voids all warranties by Day & Nite Plumbing & Heating, Inc. and releases Day & Nite Plumbing & Heating, Inc. from all warranty obligations. Unless noted otherwise, a One-Year Limited Warranty is provided by Day & Nite Plumbing & Heating, Inc. on all material and workmanship, for general repairs & retrofit work. All warranties are null and void, if payment in full is not made when due. In the event of any default in payment, or late payment and/or a reduction settlement is agreed to below our Contract price; all warranties are void. If informed of a possible problem, we will mobilize as soon as practical, but in no event is Day & Nite Plumbing & Heating, Inc. held liable for damages caused by a delay in remedying a defect. When called out to ‘warranty our work’ we will discuss the work & then come out in good faith. A call for a possible warranty is considered a work order. In the event the work ordered is determined not to be warranty, the customer agrees to pay Day & Nite Plumbing & Heating, Inc. for any work ordered including but not limited to; diagnostics, trip charge, any service, and material. The Customer agrees to pay all charges not covered under warranty upon making a request for our services, regardless if the service was determined not to be covered under warranty by Day & Nite Plumbing & Heating, Inc.

All Drain Cleaning Warranties apply only to the actual drains that we worked on; not adjacent drains. Residential Drain Cleaning service is warrantied for 30 days, unless disclaimed. Commercial Drain Cleaning service and Drain Cleaning at a location where the owner doesn’t reside, cannot be warranted at all, unless a written special exception is noted on the invoice on a case-by-case basis.

We cannot & do not warranty any work we did that was caused by: ruined by abuse, neglect, missed or improper maintenance, misuse, not following any documented recommendation(s), and/or neglecting proper safeguards (including basic safety measures and/or freeze protection).

We cannot & do not warranty work that we have disclaimed or recommended against, that the owner/customers may have us do and/or as a temporary solution. We cannot & do not warranty parts, material, or equipment that are not provided by Day & Nite Plumbing & Heating, Inc.

We cannot & do not warranty existing electrical parts or items that we reconnect to or need to reuse. We agree with all Manufacturers which recommend that Owners protect their equipment with Power Surge Protection. We do not warranty against any damages to unprotected equipment.

No warranty will include: access; access repair including but not limited to: wall repair, back fill, concrete work, asphalt work, and/or insulation; after hours charges; site prep; repair/replacement/correction of damages caused by covered item.

Lifetime Workmanship Guarantee

The Limited Lifetime Workmanship Guarantee is in addition to any valid warranty Day & Nite Plumbing & Heating, Inc. warranties with some exclusions. This Guarantee is meant to ensure that our customers are receiving proper workmanship. We believe our workmanship will outlast the parts/equipment that were installed. The Limited Lifetime Workmanship Guarantee is not offered on: Drain Cleaning; Maintenances; Items not provided by Day & Nite Plumbing & Heating, Inc.; any temporary repair or service; anything disclaimed; any neglect, abuse, or misuse; anything not determined by Day & Nite Plumbing & Heating, Inc. caused by a workmanship. A service is determined by Day & Nite Plumbing & Heating, Inc. to be covered by the Limited Life Time Workmanship Guarantee then Day & Nite Plumbing & Heating, Inc. will provide labor during normal work hours to correct the item under the Limited Life Time Workmanship Guarantee. Work requests made under the Limited Lifetime Guarantee is considered a work order. The customer understands and agrees to pay for costs determined by Day & Nite Plumbing & Heating, Inc. not to be covered under the Limited Lifetime Workmanship Guarantee. Material, After Hours Charges, Trip Charge, Access, Diagnostics, equipment charges, Subcontractors, and Rentals are an additional charge to the free labor provided under the Limited Lifetime Workmanship Guarantee. If determined by Day & Nite Plumbing & Heating, Inc. that the service is not covered under the Limited Life Time Workmanship Guarantee the customer understands and agrees that normal charges apply for all work done by Day & Nite Plumbing & Heating, Inc. including but not limited to: Trip Charge, Repairs, and Diagnostics. The Limited Life Time Workmanship Guarantee does not include: Trip Charge; Access; access repair including but not limited to: wall repair, back fill, concrete work, asphalt work, and/or insulation; after hours charges; site prep; repair/replacement/correction/repayment of damages caused by covered item.

Manufacture Warranties

Manufacture Warranties have their own limitations, terms, and conditions provided by the Manufacture. A manufacture warranty is between the manufacture and the customer. Day & Nite Plumbing & Heating, Inc. may perform as an agent for a Manufacture to address a Manufacture Warranty, and in that event, the customer agrees that any portion of work not covered or paid by the Manufacture are to be paid by the Customer as invoiced by Day & Nite Plumbing & Heating, Inc. Day & Nite Plumbing & Heating, Inc. reserves the right to charge for all Manufacture Warranty services up front and to issue a refund of the amount the manufacture issues to Day & Nite Plumbing & Heating, Inc. based on the manufacture’s terms and conditions for their warranty. At no point will Day & Nite Plumbing & Heating, Inc. offer to refund, assume responsibility for a manufacture warranty, and/or is liable for the warranty offered by the manufacture. No warranty will include: Trip Charge; Access; access repair including but not limited to:
wall repair, back fill, concrete work, asphalt work, and/or insulation; after hours charges; site prep; repair/replacement/correction/payment of damages caused by covered item.

Red Carpet Club

The Red Carpet Club is a subscription based service that provides benefits to active members. Active members are those who have a membership that is not deactivated or canceled and are current on monthly payments for their account. Such benefits can include an extended warranty. Extended warranties under the Red Carpet Club membership cease; at the end of warranty term, or subscription payments are not current, or membership is canceled, or as stated under the Warranty section of the Terms & Conditions, or as documented on an invoice or contract. Paid monthly subscription fee is considered a monthly renewal of a membership. Memberships renew automatically and can be canceled at any time (see Subscriptions for cancelation information). Payments are automatically charged monthly to your credit card or bank account provided. A membership is considered deactivated if a monthly payment is not received on time. You have 30 days to reinstate your membership to maintain current benefits, but is considered deactivated until that payment is received in full.

Day & Nite Plumbing & Heating, Inc. reserves the right to cancel or deactivate a membership, and amend, change, eliminate, edit, and/or add to terms, conditions, limitations, services, pricing, and benefits for Red Carpet Club Membership.

Maintenances included with the Red Carpet Club are a benefit for active members. You agree that once your membership is no longer active or canceled, no service or benefit is owed to you and any service and/or benefit provided by an active membership to the Red Carpet Club cease at the time of deactivation or canceled membership. You agree that the subscription fee for maintaining a membership to the Red Carpet Club and access to the benefits of the Red Carpet Club only while a current active member.

Work Execution

According to current Washington State Code, Plumbing Systems and HVAC Systems should stand up to and allow normal & regular Service work & Maintenance. This includes but is not limited to; all types of repairs, connections to existing material(s), maintenances, access, drain cleaning with cables, water jetting, scrubbing & cleaning heat exchangers, or changing a faucet and/or sink on an older counter top. Day & Nite Plumbing & Heating Inc. assumes no liability whatsoever for any damage that may occur by direct or indirect cause of performance of Our Service and/or access to perform our work. If the item/system/equipment fails during the course of normal Service Work, Repair, Maintenance or Cleaning, it’s beyond its usable life and is no longer able to serve its intended purpose. If this is occurs and/or is discovered, replacement/remedies will be recommended at additional costs, and all expenses/charges incurred to that point apply.

All work will be completed in a safe and workmanlike manner and will be installed in compliance to local code conditions, unless directed otherwise by owner & disclaimed on Invoice. Unless noted otherwise, carpentry repairs, electrical upgrades, and painting or patching of surfaces including but not limited to drywall, stucco, roofing material, concrete, and/or asphalt, if needed, are not included.

Regardless of the work and diagnostics performed, unless otherwise stated; this contract does not include a full system analysis. Design and system analysis services are available for additional costs to this contract. Efficiency ratings and savings listed or implied are approximations for comparison only and may vary due to a number of factors including, but not limited to; usage, sizing, equipment pairing, system performance, maintenance, and environment. The company is not liable for performance that does not meet these approximations.

Unless otherwise stated new hydronic system installation includes up to 2 hours of bleeding and purging the system of air. Additional time and trips for bleed and purging air from the system is additional in cost.

All Safety items are the customer’s responsibility to make sure they are maintained and win working condition, they are in no way intended to be used to replace common sense, and other house hold or system safety devices, and/or proper care and maintenance.

Unless otherwise stated in writing in the agreement, the Company and its employees are not obligated to provide temporary services of any kind nor are the Company and employees liable for any damages that may result from such service not being available.

Our workers are fully covered by Workmen’s Compensation Insurance. Each party agrees to maintain insurance in commercially reasonable amounts calculated to protect itself and the other party to this agreement from any and all claims of any kind or nature for damage to property or personal injury, including death, made by anyone, that may arise from activities performed or facilitated by this contract, whether these activities are performed by that company, its employees, agents, or anyone directly or indirectly engaged or employed by that party or its agents. On excavation projects, if ground water and/or rainwater mandate pumping, or the removal and replacement of fill or soil, all related costs are additional to this contract price. Any utilities damaged during the course of our work is not included in agreed to pricing and will be additional in costs to be paid for by the customer. Access to easements & encumbrances of any type are the customer’s responsibility, unless otherwise noted in writing by Day & Nite Plumbing & Heating, Inc. Day & Nite Plumbing & Heating, Inc. assumes all easements & encumbrances of any and all types have been previously cleared. If our Contracted work is interrupted and/or added to by any person, Federal Agency, Authority Having Jurisdiction, Tribe or Nation inserting themselves into the Project for any reason whatsoever; all delays will be additional, and any additional work required by any of the aforementioned shall be additional to the Contract Price, at our current Commercial Rates, paid in progress payments as we proceed.

Force Majeure

Neither party shall be held responsible for any delay or failure in performance of any part of this agreement to the extent such delay or failure is caused by fire, flood, strikes, explosion, war, embargo, government requirement, civil or military authority, accidents, act of God, or other similar causes beyond its control and without the fault or negligence of the delayed or non-performing party. The affected party will notify the other party in writing within ten (10) days after the beginning of any such cause that would affect its performance.

Hazardous Materials

Day & Nite Plumbing & Heating, Inc. assumes there is no hazardous materials, including asbestos or lead, present on or near our work site, and we expect & assume that any testing and/or site surveys for the above have been done & no hazardous materials have been discovered. If any hazardous materials, including asbestos or lead, testing and/or abatement work becomes necessary during or because of our work it will be the Owner/Customer responsibility at additional costs.

Inspections

The Owner/Customer is responsible for scheduling and attending all inspections and providing access for: all inspections, corrections, and/or for any additional expenses that may be needed should additional work become necessary. Expired permits that need to be renew/issued are the responsibility of the customer. A failed inspection caused because of a delay in inspection to where the code changed from the time of work to the actual inspection, and/or corrections that are not part of our original scope of work in writing provided by Company is the customer’s responsibility at additional costs. Inspections and corrections are not considered part of the Company’s obligation of Agreement of Invoice unless otherwise stated in writing by Company. The job is considered complete and all obligations of the Company fulfilled once the goods and services are provided as per the invoice provided by the Company.

Timelines, Deadlines & Completion Dates

Unless otherwise stated; quotes, estimates, and/or pricing are valid for 30 days. Once we enter a Work Agreement, scheduling will be discussed & detailed regarding when we work and when we plan to finish. Changing and/or imposing timelines, deadlines or completion dates are subject to increased costs that are additional to Contract price. Customer agrees to pay all additional costs due to imposed timelines, deadlines or completion date for all or any portion of work. Day & Nite Plumbing & Heating, Inc. will not be held liable for any delay and/or timeline not met or exceeded, we have not agreed to in writing, and/or if they occur due to circumstance beyond our control.

All work included in this Invoice/Contract, unless noted in the Scope of Work, is to be done during our normal working hours. Day & Nite Plumbing & Heating, Inc. is not obligated to meet any deadline including if a “Time is of the Essence Clause” is written as part of our agreement or previous agreement, delay in meeting such deadlines shall not be deemed breach of contract nor cause for delay payment or permit for a reduction in payment on this contract. If Day & Nite Plumbing & Heating is unable to reasonably perform its duties once on site due to circumstances beyond our control, including but not limited to; denied or restricted access, delayed or denied to our contracted work during our regularly scheduled work shifts and site visits, hazardous condition present or newly discovered, third party performing other work is not ready for us, additional charges will be added to our contract price, including but not limited to Commercial Service Rates, Show up fee, Rescheduling fees, Trip Charges, and/or other charges for additional work.

Resolving Disputes/Disagreements

In the unlikely event that a dispute or disagreement arises through or during our working together, historically we have found that everything can be handled and worked out when both parties are simply willing to discuss what is needed in a fair, calm & equitable manner. If we cannot come to a resolution between ourselves, we are members of the Better Business Bureau, and if needed can participate in their programs including the Better Business Bureau (BBB) Rules of Binding Arbitrations for Disputes. We may elect at Our sole discretion to engage with BBB’s dispute resolution program as one option, at the discretion of Day & Nite Plumbing & Heating, Inc.