This Terms of Service is effective on December 01, 2024.
Thank you for visiting Thermal Works™ website (henceforth referred to as "We", "Us", and "Our"), and we appreciate your consideration of our services.
By agreeing to the terms and conditions of these Terms of Service (henceforth referred to as the "Agreement"), you and We establish a legally binding agreement that is based on the promises you and We make to one another.
Scope of Work
The term "Services," which is hereby incorporated by reference, refers to the plumbing, heating, air-conditioning and mechanical services for homes and businesses that are listed above ("Scope of Work") in this Agreement. In particular, the client is aware that the business is alone in charge of the work's scope. The following are not included in the scope of work, but they are not excluded either:
General Exclusions
Only the scope of work is under the business's control. The following general exclusions are expressly acknowledged and accepted by the client:
Our guarantee will not cover any problems or losses brought on by using inferior or flawed materials that were supplied by the customer or any other third party. The business will not be held liable for any problems or losses brought on by the client's disregard for our suggested maintenance practices and policies. Any damages or injuries brought on by malfunctioning plumbing systems or infrastructure that were outside the initial scope of our work will not be covered by the business. Any damages brought on by unanticipated events, such as natural catastrophes, accidents, or acts of God, are not covered by business responsibility.
Our services and warranty will not cover any pre-existing plumbing ailments or concerns, whether the client is aware of them or not. Any losses or problems brought on by the client's inability to disclose or accurately reflect pre-existing plumbing conditions are not the business's responsibility. Unless our carelessness is the primary cause, the business will not be held accountable for any damage to drywall, wall coverings, or any other non-plumbing-related surfaces that may occur during our work. Unless otherwise specified in a separate agreement, the customer is solely responsible for any necessary repairs or restorations to drywall other non-plumbing related surfaces harmed during our services.
In locations with corrosive water, high mineral content, or other unfavorable environmental circumstances, business cannot guarantee the durability or efficacy of our services. Our guarantee will not cover any problems or damages brought on by uncontrollable environmental variables. The business disclaims all liability for the acts, services, abuse, carelessness, or vandalism of suppliers, subcontractors, or other third parties that the client hires. Our guarantee does not cover any problems or damages brought on by work done by third parties.
We won't be responsible for any delays or non-performance of our services brought on by uncontrollable events, such as strikes, natural disasters, or limitations imposed by the government. any plumbing job that needs permissions or approvals that neither the client nor the plumber have gotten. any plumbing job involving lead, mold, asbestos, or hazardous materials. Any plumbing work that is impacted by the property's current flaws, damages, or code infractions.
Any plumbing that is susceptible to corrosion, degradation, or normal wear and tear. We will try our best to minimize any delays and finish the work as quickly as possible in the case of a delay or force majeure.
Time and Place
If the location of a particular work is not stated, the Services will be carried out at places that have been agreed in writing by the Client and the Company. The Services will be carried out on the dates and locations listed in the Scope of Work. If the location is approved or confirmed in a clear and unambiguous manner, the writing can be in an electronic format.
Service Time Frame
The company is to provide services on the day of service at the service location with an arrival time. Services have an estimated start and end time. Within seven days of the service date, neither the state time nor the end time may be altered.
Payment Terms
The Agreement price covers all personnel, materials, equipment, and transportation required to carry out the Services outlined in the Scope of Work. Services will be billed as they are completed. Payment shall be made once services have been completed and within 30 days of receiving an invoice for those services. The service prices shall be in force during the length of this Agreement. Any invoice or planned payment that is more than thirty (30) days past due may be charged a TEN percent (10%) late fee. After thirty (30) days, the company maintains the right to send invoices to collections.
Chargeback policy. The provider reserves the right to levy a "chargeback fee" if a chargeback or other payment dispute (cancelled, returned, or voided checks, payment platform dispute) is filed with your credit card provider, either intentionally or inadvertently, in connection with any deposit made to your account. The chargeback price will include a $100 "administrative fee" to pay any additional investigation fees. In the event of a pre-arbitration proceeding, the card processor may charge additional fees. This fee will be used to cover all investigation costs associated with proving that the deposit was made by you after we received the chargeback from our merchant service provider. If the Customer has an account balance, the fee will be withdrawn from it.
Photo Consent
By signing this Agreement, Client acknowledges, agrees, and grants Company permission to use photographs or video footage of themselves, their Services, and related activities in publications, website photographs, and other marketing materials without .ayment or other compensation. Client also waives the right to inspect or approve any finished output, including any written or electronic versions including my picture or images of the Services.
Limitation of Liability
Client acknowledges that the maximum amount of damages to which he or she is entitled in any claim arising from this Agreement or the Services delivered hereunder shall not exceed the Total Cost of Services provided by the Company.
Loss of the Product
The Company will reimburse the Customer a proportionate share of the Total Cost based on the amount of Services that have been completed or delivered, in relation to the amount of Services that were agreed to be completed or delivered, in the event that any or all of the products are lost under the Service, such as due to damage to or loss of a product component required for final delivery.
Service cancellation
There are no refunds for cancellations made less than 24 hours prior to the service date. The company is not required to try to reschedule additional services to cover any voids left by the client's cancellation, rescheduling, or absence, or if the company is unable to provide the services because of the client's (or parties connected to the client's) fault. Additionally, the company is not responsible for returning any money that the client has already paid as part of the total cost. If the Company is unable to provide the Services because of the Client's (or Client's related parties') fault, the Client will not be relieved from any payment obligations for cancelled, rescheduled, or no-show services unless the Parties agree otherwise in writing.
Failure to Perform Services
Not delivering services. Service (or the responsible party) shall: a. promptly notify Customer by the Notice provisions set forth in this Agreement; b. refund or credit a reasonably accurate percentage of the Services performed; and c. release Customer from any further performance and/or payment obligations under this Agreement in the event that Service is unable to fulfill its obligations under any or all of the following provisions.
Indemnification
You hereby guarantee that you will not violate any State or Federal laws by using the information we have supplied. Additionally, you agree to indemnify, defend, and hold Us harmless, as well as Our parents, subsidiaries, affiliates, officers, directors, employees, agents, and suppliers, and their respective affiliates, officers, directors, employees, and agents, harmless from any claim, action, demand, or damage, including reasonable attorney's fees, made by any third party or governmental agency related to Your use of any service that We provide or Your violation of this Terms of Reference. This includes, but is not limited to, claims or suits for libel, infringement of privacy or publicity rights, interference with property rights, trespassing, violations of Federal or State law, patent infringement, or plagiarism.
We may, at our sole discretion, take sole responsibility for the defense and management of any case in which You are liable. However, Us taking on such a defense or control won't absolve You of any of Your indemnity duties.
Force Majeure
A strike, fire, accident, lack of materials, fuel, or utilities, or any other circumstance beyond either party's reasonable control, will not result in either party being held responsible for any delay or failure to perform under this agreement.
Disputes
You will be in violation of this Agreement if you don't get in touch with us to try to settle the disagreement before taking any further action. You undertake to follow our decision, and we will examine any resolution of your issue in good faith. You will be responsible for our legal fees if you seek redress in court. Additionally, in any dispute or claim pertaining to this Agreement, you forfeit the right to a jury trial.
The laws of the State of Connecticut govern these Terms of Service and your use of our website. In addition to the aforementioned, we will have the right to pursue all of our legal remedies for any breach or wrongdoing under this Agreement, including but not limited to pursuing actual damages, the highest statutory damages allowed by applicable statutes and Acts, profits, treble damages, and legal fees and costs. The monetary payments mentioned above and/or any other sums owed under this Agreement are in addition to these remedies and damages.
Severability
The parties agree that the validity of the remaining portions of this Agreement will not be affected if any provision or portion of it is found to be invalid under any applicable statute or rule of law by a court of competent jurisdiction. They also agree to replace the invalid provision with a valid provision that most closely reflects the intent and economic impact of the invalid provision.
DISCLAIMER OF REPRESENTATIONS AND WARRANTIES. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE BUSINESS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES, FUNCTIONS AND PRODUCTS IT PROVIDES OR IS TO PROVIDE UNDER THIS AGREEMENT, AND THE BUSINESS DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE.
License
The company certifies that they are a Connecticut Limited Licensed Plumber (LLP). Additionally, the business guarantees adherence to the International Plumbing Code ("IPC"). The client is particularly aware that the business is bound by the IPC and will refrain from engaging in any activities that contravene the IPC.
Mediation
In the event that a disagreement emerges between the parties over the acquisition of products or services, they will meet to talk about it and engage in sincere negotiations to find a solution. A disagreement may be referred to mediation by a single mediator if it is not settled between the parties within 20 business days of the date the party bringing the dispute notifies the other party.
Notice
If the services outlined in this Agreement are no longer available, the Company shall give at least one (1) month's notice, unless otherwise specified in this Agreement. Using the aforementioned contact details, the parties must electronically deliver effective notice ("Notice") to one another on the specified day and time.
Merger
With regard to the services covered by this Agreement, this is the last and only agreement between the parties. This Agreement specifically supersedes all prior and contemporaneous written and verbal discussions and agreements between the parties about the topics included in this Agreement.
