Terms & Conditions

Terms and Conditions

 

By authorizing Honest Maintenance Solutions LLC, DBA Honest Plumbing Solutions, hereafter referred to as HMSMNand/or a representative of HMSMN, to perform the requested and/or described services within this estimate/invoice.

 

1.1) I agree that HMSMNand/or the representative of HMSMN will not be held liable for rusted, corroded, settled or damaged pipes, lead pipes, fixtures or clean outs that are not accessible and/or cannot be visibly checked before and after service, or for any leaks caused by faulty existing fittings, valves and/or water lines, unless it is a new pipe, fitting, fixture or part installed by HMSMN
 

1.2) Additional work above and beyond what is outlined on the estimate, including but not limited to, additional work order items, alterations or replacement of fittings or pipes and/or code compliance work is not included and will be billed as an additional cost if required, unless otherwise specified.
 

1.3) Restoration work including, but not limited to, wall, ceiling, carpet and/or flooring, engineering surveys and services, backfilling, pouring new concrete, tiling repairs and/or painting are not included and are to be completed by a 3rdparty. The customer reserves the right to choose their own contractor separate from any recommendations from HMSMN.
 

1.4) Replacement clean-out covers/plugs, drain piping, p-traps, parts and/or fittings will be billed as an additional cost.
 

1.5) HMSMN will not be responsible for damage to private utilities resulting from any cutting, demolition, excavation and/or jackhammering unless they have been previously marked and identified to HMSMN before start of work.
 

1.6) Use of water within a unit/stack may be disabled/limited during service to prevent water from entering a drainage pipe while any service downstream is performed. HMSMN will not be held liable for any damages as a result of the client/residents/tenants running water in a line being serviced.
 

1.7) The contract price does not include any governmental permit, service, or access charge. Permits and Inspections, if required, will be billed as an additional cost based on estimate selections and city permit fees, unless otherwise specified.
 

1.8) If it becomes necessary for HMSMN to file a mechanics lien for payment, all collection costs and attorney’s fees will be added to the invoice, and client will be responsible for those costs.
 

Mechanic’s Lien Rights: Minnesota law requires us to provide you with the following notice:
 

MN Statute 514.011 NOTICE Subdivision 1 Contractors
 

(a) Any person or company supplying labor or materials for this improvement to your property may file a lien against your property if that person or company is not paid for the contributions.
 

(b) Under Minnesota law, you have the right to pay persons who supplied labor or materials for this improvement directly and deduct this amount from our contract price, or withhold the amounts due them from us until 120 days after completion of the improvement unless we give you a lien waiver signed by persons who supplied any labor or material for the improvement and who gave you timely notice.
 

1.9) This Contract is based solely on Customer’s representations and HMSMN’s observations at the time of signing this Contract; Customer assumes complete liability and responsibility for existing or concealed conditions. Contractor may suspend the Work if pre-existing or concealed conditions require additional labor, materials, or time; until HMSMN and Customer reach an agreement as to the additional performance needed and its additional cost and time delay.
 

1.10) Existing out of square and plumb conditions may require similar conditions in the new work. HMSMN does not assume responsibility for pre-existing building code, zoning, other violations or inadequate physical, mechanical, or electrical conditions currently existing on the property.
 

1.11) Some of the improvements constructed may vary from the contract documents as to color, brand, grade, and actual dimensions, although all improvements shall be constructed substantially as reflected in the contract documents. The Customer grants HMSMN the right to make variations, substitutions, or changes required by governmental regulations or other changes that do not adversely and materially affect design and quality.
 

1.12) Except through negligence, HMSMN is not liable for damage to fixtures, drywall, plaster wall construction, decorations, or other parts of the premises or its contents.
 

1.13) Performance under the contract is contingent upon strikes, accidents, weather, or other delays beyond HMSMN’s control. The contract price does not include material or labor price increases because of unforeseen problems arising after work has begun, market supply shortages, or unusual spikes in market demand, etc.
 

1.14) Any delays outside of our control may increase the cost.
 

1.15) WARRANTY: Standard warranty under Minnesota law will apply.
 

1.16) Temporary fixes/patches are not considered a permanent solution and are not covered under warranty.
 

Drain Cleaning Services
 

2.1) Estimated prices are for industry standard preventative maintenance services. If there are any major obstructions or defects in the drainage system that require additional work to clean, clear or repair, additional costs may be incurred.
 

2.2) We respectfully request that (if possible) all personal items be removed from under the kitchen and/or bathroom vanity sinks prior to the start of work. HMSMN and its representatives will not be held responsible for damages to personal items not removed from the work area.
 

2.3) While we undertake precautions to minimize this risk of backups while services are being performed, we cannot be held responsible/liable for any backups that occur further down the stack/riser. Additional work required to clean or clear the obstruction will be billed as an additional charge.
 

2.4) Residents are requested to avoid running water while HMSMN performs cable cleaning, descaling, or water-jetting services of risers/stacks for the duration of service.
 

2.5) During preventative maintenance on vertical stacks, access to all units on the stack will be required. A water alarm will be placed in the lower units while service is performed from the upper units to help prevent any possible back-ups from causing damage to the property. The property management/owner is responsible for coordinating entry to any unit that is vacant or who’s residents cannot be present. A hanging notice will be left on the entry door of all units entered without the owner present, documenting the time and reason for entry.

Drain Grate / Cleanout Cover Removal
 

2.5.1) Over time floor drain grates and cleanout covers may deteriorate and/or become seized in place. HMSMN will not be held responsible for covers, grates, plugs. Etc. that are broken or damaged to gain access to the affected drain. Replacement parts will be billed as a separate line item.
 

2.5.2) Brass covers and heavy duty drain grates may need to be cut out and broken into pieces to remove. While HMSMN will do everything possible to prevent pieces of the cover from entering the drain line, we cannot guarantee that pieces of the broken cover will not fall into the drain. HMSMN will make a reasonable effort to remove any pieces that enter the drain line. Any costs incurred to completely remove portions of broken covers or grates from a drain line, including but not limited to plumbing and/or excavation services will be the responsibility of the customer.
 

2.5.3) If replacement grates cannot be located, service may be suspended, at no charge to the customer, until parts can be purchased and delivered to minimize trip hazards.
 

2.5.4) If time to replace covers exceeds 30 minutes per cover, due to difficulties removing existing seized covers, heavy traffic, etc. price will increase at a rate of $150/hr billed in 15-minute increments 

Plumbing Services
 

3.1) Labor, listed materials and administrative fees are included in estimate pricing
 

3.2) For services requiring excavation: Surveying, testing, dewatering, private locating, sidewalk, curb/gutter, and lawn/landscaping restoration services are not included and are to be completed by others, unless otherwise specified.
 

3.3) Additional piping replacement(s) will increase the cost depending upon the time and materials required. This may be necessary if the existing piping that we are tying back into is not in good enough condition to connect to.
 

3.4) HMSMN will not be liable for any damage to personal belongings resulting from cutting, demolition, excavation and/or

jackhammering. To prevent damage to clients’ belongings, all belongings in the work areas are to be removed prior to and for the duration of work. Any personal items left within the work area upon the start of service will be covered with plastic.
 

3.5) During interior excavation, if the concrete is thicker than the standard 4 inches, or more complex than standard specifications or if required hand excavation is deeper than 3 feet below ground level, additional charges may be incurred.
 

3.6) Concrete scanning is not included and is to be completed by a 3rd party if needed or desired. Customers may choose to hire their own contractor to complete these services.
 

3.7) If building water must be shut down to multiple units to complete service, the customer will be responsible for coordinating an appropriate time with their management, residents/tenants, or the city, unless otherwise specified.

Electronic Communications, Transactions, and Signatures

4.1) You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and/or electronic invoicing messaging client, satisfy any legal requirement that such communication be in writing.
 

4.2) You herby agree to the use of ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO THE ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS initiated or completed by HMSMN.
 

4.3) You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, payments or the granting of credits by any means other than electronic means.

MISCELLANEOUS
 

5.1) Video recordings will be uploaded to YouTube and customers will be sent an unlisted link to view the video. If requested, HMSMN will upload a copy to the customer or entity requesting the video.
 

5.2) Pipe locating services include a copy of the video recorded. The customer understands the video image may be unclear/unviewable if the pipe is holding water or debris.
 

5.3) These Terms and Conditions and any policies or operating rules posted by HMSMN constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.
 

5.4) These Terms and Conditions operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
 

5.5) If any provision or part of a provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.
 

5.6) There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms and Conditions or use of HMSMN’s services. You agree that these Terms and Conditions will not be construed against us by virtue of having drafted them.
 

5.7) You hereby waive any and all defenses you may have based on the electronic form of these Terms and Conditions and the lack of signing by the parties hereto to execute these Terms and Conditions.  
 

5.8) Regular business hours are considered Monday through Friday 8:00 am - 5:00 pm CST/CDT.
 

5.9) Work performed after 5:00 pm Monday - Friday until 11:59pm or on weekends will be billed at 1.5 times our normal rates.
 

5.10) Work performed between 12:00 AM and 8:00 AM will be billed at 2.0 times our normal rates.  
 

5.11) Any work performed on Major National Holidays will be billed at 2.0 times our normal rates. 

CONTACT US

In order to resolve a complaint regarding HMSMN or to receive additional information regarding our services, please contact us at:

Honest Maintenance Solutions LLC

9732 Vincent Ave N,

Brooklyn Park, MN 55444

Phone: (651) 334-1748

Email: info@HMS-MN.com