TERMS AND CONDITIONS
George Brazil Responsibilities: AJAC, Inc. d/b/a George Brazil Plumbing & Electrical (“George Brazil”) and/or its subcontractors (collectively, “CONTRACTOR”) will furnish all labor and materials necessary to complete the work for you the customer (“CUSTOMER”, “You” or “Your”) in accordance with this Agreement and in accordance with Arizona law.
Pre-Existing Conditions: When we provide service and repair of plumbing, drain, and electrical systems in an existing building unknown conditions may be revealed during the process. As a result, the work may be stopped or delayed upon discovery of unforeseen physical or hazardous conditions at your property, including but not limited to: unforeseen or hidden rotted or damaged wood or infrastructure; lead paint; asbestos; hidden conditions such as additional layers of materials under surface materials; mold, bacteria or mildew; or pre-existing violations of building, electric, plumbing or other governmental codes. George Brazil may, at Your request and mutual written agreement, arrange for additional work to address such pre-existing conditions at an additional charge and time extension. Otherwise it will be Your responsibility to arrange for the repair or remedy of such pre-existing conditions and all work by CONTRACTOR will cease until such time as You have, at Your sole expense, caused the pre-existing condition to be removed, repaired,
remediated, or rectified in compliance with all applicable laws. It is the intent of this paragraph to confirm that You bear financial responsibility for concealed physical conditions, unknown physical conditions which differ materially from that which is ascertained upon a visual inspection, and for any costs, damages, or expenses caused by, resulting from, or arising out of, in whole or in part, by any such conditions or circumstances. Accordingly, You further agree to hold CONTRACTOR harmless and shall indemnify and defend CONTRACTOR, and all of their respective owners, trust, trustees, agents, representatives, and employees from and against all claims, damages, losses and expenses, including but not limited to attorney’s fees and consequential damages, arising out of or as a result of the performance of CONTRACTORs work involving affecting or relating to such unforeseen or concealed conditions, regardless of whether such damages are caused in part by CONTRACTOR.
Customer Supplied Assistance: You assume full risk and liability for any customer-supplied products or third-party assistance. CONTRACTOR makes no warranty as to their quality. All parts supplied by the CUSTOMER are not warranted by CONTRACTOR. When the CONTRACTOR installs a customer supplied part then the CONTRACTOR is solely warranting that its labor has been performed in a professional and workmanlike manner for one year from installation pursuant to the limited warranties below.
George Brazil Standard Limited Warranty: EXCEPT FOR DRAIN STOPPAGES WHICH ARE ONLY WARRANTED BY CONTRACTOR FOR 30 DAYS AND THE LIMITED WARRANTIES EXPRESSLY DETAILED BELOW FOR WATER HEATERS AND ELECTRICAL PANELS, GEORGE BRAZIL WARRANTS THE WORKMANSHIP OF ITS WORK FOR ONE YEAR FROM ITS COMPLETION DATE. DURING THE WARRANTY PERIOD, GEORGE BRAZIL WILL REPAIR AT NO CHARGE TO YOU, ANY DEFECTIVE INSTALLATION BY GEORGE BRAZIL. GEORGE BRAZIL’S WARRANTY DOES NOT COVER PRODUCT DEFECTS, DAMAGE CAUSED BY FORCE MAJEURE, ACTS OF GOD, INSTALLATION OR REPAIRS MADE BY PERSONS OTHER THAN GEORGE BRAZIL, AND ABUSE, MISUSE, NEGLECT, OR IMPROPER CARE OR CLEANING. UNLESS OTHERWISE SPECIFICALLY STATED IN THIS AGREEMENT, MERCHANDISE AND MATERIALS PROVIDED BY GEORGE BRAZIL ARE COVERED EXCLUSIVELY BY THE MANUFACTURER’S LIMITED WARRANTIES, IF ANY. GEORGE BRAZIL WILL ASSIST YOU WITH LIMITED WARRANTY CLAIMS TO BE FILED WITH SUCH MANUFACTURERS. NOTE THAT THE MANUFACTURER’S LIMITED WARRANTIES TYPICALLY REQUIRE THAT YOU PROPERLY MAINTAIN THE ITEM AND CONTAINS OTHER EXCLUSIONS AND LIMITATIONS.
Standard Water Heater Limited Warranty: THIS WARRANTY COMES STANDARD WITH ALL OF THE WATER HEATERS GEORGE BRAZIL SUPPLIES AND INSTALLS; ONE YEAR OF LABOR FROM THE DATE OF THE INSTALL THROUGH GEORGE BRAZIL AS DETAILED ABOVE IN THE “GEORGE BRAZIL STANDARD LIMITED WARRANTY” AND SIX YEARS ON THE PARTS AND TANK THROUGH THE MANUFACTURER’S LIMITED WARRANTY. ANY TIME THE LABOR WARRANTY HAS EXPIRED AND THE WATER HEATER IS UNDER WARRANTY, THE LABOR WILL BE CHARGED TO THE CUSTOMER IN THE EVENT OF WARRANTY REPLACEMENT WHILE THE PARTS AND TANK MAY STILL BE COVERED BY THE MANUFACTURER’S LIMITED WARRANTY. THE MANUFACTURER LIMITED WARRANTY TYPICALLY REQUIRES THAT THE WATER HEATER BE PROPERLY MAINTAINED, FLUSHED AND DRAINED EVERY YEAR AND OTHER REQUIREMENTS THAT ARE YOUR RESPONSIBILITY. THESE WARRANTIES DO NOT COVER THE COST ASSOCIATED WITH FLUSHING AND DRAINING THE WATER HEATER OR ADDITIONAL PREP WORK, PARTS, OR NEW ANODE RODS. AND THE MANUFACTURER’S WARRANTY WILL TYPICALLY ONLY PROVIDE ONE REPLACEMENT PART FOR EACH ORIGINAL PART.
Six Year Extended Water Heater Limited Warranty: IF THE CUSTOMER PURCHASES A SIX YEAR EXTENDED WATER HEATER LIMITED WARRANTY, THEN GEORGE BRAZIL WARRANTS THE WORKMANSHIP OF ITS WORK FOR SIX YEARS FROM ITS COMPLETION DATE. DURING THE WARRANTY PERIOD, GEORGE BRAZIL WILL REPAIR AT NO CHARGE TO YOU, ANY DEFECTIVE INSTALLATION BY GEORGE BRAZIL. GEORGE BRAZIL’S WARRANTY DOES NOT COVER PRODUCT DEFECTS, DAMAGE CAUSED BY FORCE MAJEURE, ACTS OF GOD, INSTALLATION OR REPAIRS MADE BY PERSONS OTHER THAN GEORGE BRAZIL, AND ABUSE, MISUSE, NEGLECT, OR IMPROPER CARE OR CLEANING. THE MANUFACTURER PROVIDES A LIMITED SIX YEAR WARRANTY. THIS WARRANTY REQUIRES THAT THE WATER HEATER BE PROPERLY MAINTAINED, FLUSHED AND DRAINED EVERY YEAR, THE ANODE ROD REPLACED WHEN NECESSARY, AND OTHER REQUIREMENTS THAT ARE YOUR RESPONSIBILITY. THESE
WARRANTIES DO NOT COVER THE COST ASSOCIATED WITH FLUSHING AND DRAINING THE WATER HEATER OR ADDITIONAL PREP WORK, PARTS, OR NEW ANODE RODS. AND THE MANUFACTURER’S WARRANTY WILL TYPICALLY ONLY PROVIDE ONE REPLACEMENT PART FOR EACH ORIGINAL PART.
Electrical Panel Limited Warranty: GEORGE BRAZIL CURRENTLY SELLS TWO DIFFERENT TYPES OF ELECTRICAL PANELS. ON THE STANDARD PANEL, GEORGE BRAZIL PROVIDES ITS STANDARD ONE YEAR LIMITED WARRANTY FOR LABOR FROM THE DATE OF THE INSTALL THROUGH GEORGE BRAZIL AS DETAILED ABOVE IN THE “GEORGE BRAZIL STANDARD LIMITED WARRANTY” AND THE MANUFACTURER PROVIDES A LIMITED 10 YEAR WARRANTY. FOR THE CUTLER HAMMER “LIFETIME PANELS” GEORGE BRAZIL PROVIDES A LIMITED LIFETIME WARRANTY THAT ANY INSTALLATION DEFECT BY GEORGE BRAZIL WILL BE REPAIRED FREE OF CHARGE FOR THE LIFETIME OF THE ORIGINAL PURCHASER LIVING IN THE HOME OR 15 YEARS, WHICHEVER IS LONGER. IN ADDITION, CUTLER HAMMER PROVIDES A LIMITED WARRANTY FOR THE LIFE OF THE PRODUCT SUBJECT TO LIMITATIONS AND EXCLUSIONS. THESE WARRANTIES REQUIRE THAT THE ELECTRICAL PANELS BE PROPERLY MAINTAINED AND SERVICED. BOTH THE GEORGE BRAZIL AND CUTLER HAMMER WARRANTY REQUIRES THAT GEORGE BRAZIL BE NOTIFIED OF THE DEFECTIVE PANEL WITHIN 30 DAYS OF THE DEFECT BEING DISCOVERED AND GEORGE BRAZIL WILL COLLABORATE DIRECTLY WITH THE CUSTOMER AND CUTLER HAMMER FOR THE WARRANTY WORK UNDER THE MANUFACTURER’S WARRANTY.
THE EXPRESS LIMITED WARRANTIES DETAILED ABOVE ARE EXCLUSIVE AND NO OTHER WARRANTIES APPLY. SPECIFICALLY, TO THE GREATEST EXTENT PERMITTED BY LAW, ALL OTHER STATUTORY, EXPRESS, OR IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, HABITABILITY, OR FITNESS FOR A PARTICULAR USE OR PURPOSE ARE WAIVED.
Limitation of Liability: UNDER ALL OF THESE LIMITED WARRANTIES, GEORGE BRAZIL IS ONLY RESPONSIBLE FOR DIRECT DAMAGES AND IT IS NOT RESPONSIBLE FOR ANY OTHER CATEGORY OR TYPE OF DAMAGES AND YOU WAIVE ANY CLAIM FOR ANY DAMAGE OTHER THAN DIRECT DAMAGES. UNDER NO CIRCUMSTANCES SHALL GEORGE BRAZIL BE LIABLE FOR SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, REGARDLESS OF THE LEGAL THEORY. IF FOR ANY REASON, A MAINTENANCE VISIT IS NOT PERFORMED BY GEORGE BRAZIL EITHER BECAUSE OF THE CONTRACTOR OR BECAUSE OF YOU OR YOUR TENANT, THE MONETARY VALUE TO BE REFUNDED TO YOU OR ANY LIABILITY TO YOU WILL NOT EXCEED THE COST OF THE MAINTENANCE AGREEMENT. CUSTOMER AGREES THAT THE LIABILITY OF CONTRACTOR, ITS OWNERS, TRUST, TRUSTEE. AGENTS AND EMPLOYEES, IN CONNECTION WITH ACTS, OMISSIONS, OR SERVICES UNDER THIS AGREEMENT TO THE CUSTOMER AND TO ALL PERSONS, ENTITIES, OR INSURANCE COMPANIES HAVING CONTRACTUAL RELATIONSHIPS WITH THEM, RESULTING FROM, ARISING FROM, OR RELATED TO ANY BREACH OF CONTRACT, PRODUCT LIABILITY, STRICT LIABILITY, OR NEGLIGENT ACTS, ERRORS AND/OR OMISSIONS OF CONTRACTOR, ITS AGENTS AND/OR EMPLOYEES, IS LIMITED TO THE GREATER OF EITHER $5,000 OR THE TOTAL FEES ACTUALLY PAID BY THE CUSTOMER FOR SERVICES RENDERED BY CONTRACTOR UNDER THIS AGREEMENT.
Release And Waiver Of Subrogation: Except as expressly stated in this Agreement regarding Limited Warranties and Limitation of Liability, You waive all claims, rights, or causes of action including any subrogation rights that might otherwise exist against CONTRACTOR for damages caused by flood, fire, defective products, or other causes of loss to the extent covered by property insurance for the Property or other property insurance applicable to the Work.
Solution Not performed: If suggested options are provided by George Brazil and not chosen by You; and a failure, damage, liability, cost, expense, or cause of action arises or occurs that could have been avoided had a proposed option by George Brazil been performed, then you agree to release, hold harmless, defend, and indemnify George Brazil, its owners, trust, trustee, employees, and agents from any such damage, liability, cost, expense, or cause of action.
Notice And First Opportunity To Repair: Upon completion of work, You agree to exercise due diligence in inspecting the work for defective workmanship and materials. You agree to notify George Brazil within 48 hours of completion of the work of all defective work, if any. You further agree that upon discovery of any alleged effective work, You will immediately call George Brazil who shall have the first opportunity to repair the alleged defective work.
You agree to contact George Brazil within 24 hours of discovery of any subsequent warranty claim and You will telephone 602-257- 9000 regarding any emergencies. George Brazil will respond with reasonable promptness which will typically be between the hours of 8:30 AM to 4:30 PM Monday through Friday, excluding holidays. George Brazil shall not be liable for water or other damage relating from any defect or delay in responding to said warranty and You must take reasonable steps to mitigate damages.
The failure to allow George Brazil the first opportunity to repair the alleged defective work shall void all warranties, express and implied in the Agreement. You agree and recognize that You will not withhold any payments for alleged defective work. George Brazil is not responsible for reimbursement for work performed by any other company or individual if You do not give George Brazil notice of the issue as detailed in the paragraphs above and the first opportunity to repair the alleged defective work.
Your Responsibilities: You agree to notify George Brazil if the job site is subject to any easements, covenants or other legal encumbrances and if George Brazil must obtain access to other properties in the course of work, You shall secure permission for such access and arrange for the repair of any damage or normal wear and tear caused by such access. You further agree: (i) to facilitate the
timely location of underground or overhead utility lines; (ii) to ensure that work areas are free of pre-existing hazards, unsafe conditions, environmental hazards, and building or zoning code violations; (iii) to allow reasonable access to work areas and sanitary facilities; (iv) to ensure that any security system or radon equipment does not interfere with the work and that You will coordinate and pay for any modifications to the system during and after the Contractor’s work is complete; (v) to provide power to, and, as applicable, climate control in, work areas; (vi) not to allow unattended minors or pets in the work areas while work is being completed; (vii) to keep posted permits on display at all times; (viii) You or your agents will not interfere or delay installation; (ix) not to assign or transfer this Agreement; and (x) secure, remove , and protect any and all valuables, fragile items, and all personal or real property including fixtures, flooring, walls, tiling, carpets, drapes, furniture, and vegetation. You agree to defend, hold harmless, and indemnify CONTRACTOR, and all of their respective owners, trust, trustee, agents, representatives, employees against all claims arising out, relating to, or caused by, in whole or in part, by Your failure to meet any Your Responsibilities detailed in this paragraph.
Financed Transactions: If you are financing this transaction or using a credit card to pay for the work, then Your separate loan or cardholder agreement will determine: (i) the amount financed (the amount of credit provided to You); (ii) the associated finance charges (the dollar amount the loan will cost You); and (iii) the total payment (the amount You will have paid when You have made all scheduled payments). You will be further subject to Your loan and cardholder agreement’s terms and conditions.
Home Solicitation Sale: It is possible that this Agreement could be considered a Home Solicitation Sale under certain extremely limited conditions, if George Brazil personally solicits the sale of goods or services at your home without prior invitation, appointment, or consent. If this is a Home Solicitation Sale, then please read the Notice to Customer and Notice of Cancellation below. Also note that you may not cancel a Home Solicitation Sale if you requested George Brazil to provide goods or services without delay because of an emergency and George Brazil in good faith made a substantial beginning of performance before notice of cancellation, and the items cannot be returned to George Brazil in substantially as good condition as when you received them.
NOTICE TO CUSTOMER’S OF HOME SOLICITATION SALES:
- Do not sign this agreement if any of the spaces intended for the agreed terms to the extent of then available information are left blank. 2. You are entitled to a copy of this agreement at the time you sign it.
- You may pay off the full unpaid balance due under this agreement at any time, and in so doing you shall be entitled to a full rebate of the unearned finance and insurance charges.
- You may cancel this Agreement any time prior to midnight of the third business day after the date of this transaction. See the Notice of Cancellation of Home Solicitation Sales form below for an explanation of this right.
- It shall not be legal for the seller to enter your premises unlawfully or commit any breach of the peace to repossess goods purchased under this Agreement.
NOTICE OF CANCELLATION OF HOME SOLICITATION SALES
[date]_____________________, 20___
You may cancel this transaction, without any penalty or obligation, within three business days from the above date.
If you cancel, any property traded in, any payments made by you under the contract or sale and any negotiable instrument executed by you will be returned within ten business days following receipt by the seller of your cancellation notice and any security interest arising out of the transaction will be cancelled.
If you cancel, you must make available to the seller at your residence in substantially as good condition as when received, any goods delivered to you under this contract or sale; or you may, if you wish, comply with the instructions of the seller regarding the return shipment of the goods at the seller’s expense and risk.
If you do make the goods available to the seller and the seller does not pick them up within twenty days of the date of your notice of cancellation, you may retain or dispose of the goods without any further obligation. If you fail to make the goods available to the seller, or if you agree to return the goods to the seller and fail to do so, then you remain liable for performance of all obligations under the contract.
To cancel this transaction, mail or deliver a signed and dated copy of this cancellation notice or any other written notice, or send a telegram, to AJAC, Inc. d/b/a George Brazil, 3830 South 38th Street, Phoenix Arizona 85040 not later than midnight of the third business day after the sale.
I hereby cancel this transaction.
______________________________
(date)
________________________________
(Customer’s signature)
Stoppages: As noted above, George Brazil warrants the workmanship of its work in clearing a drain stoppage for 30 days after the drain is cleared and we complete a camera inspection to determine the cause. During this 30-day warranty period, George Brazil
will at no charge to You re-clear the stopped drain (one time only). George Brazil’s limited drain stoppage warranty does not cover product defects, damage caused by Force Majeure, installation or repairs made by others, stoppages caused by roots, any damages that could have been avoided had You selected another option to more permanently resolve the stoppage, or any abuse, misuse, neglect, or improper care or cleaning of the plumbing or drain system. For safety reasons, George Brazil will not clean any drain line or sewer lines through a roof vent on a sloped roof without You paying for the installation of additional safety and fall protection as may be required by George Brazil. Any drain cleaning cable which becomes stuck in the line is Your responsibility for removal and/or additional repairs. Further if a sewage spill is deemed hazardous material, the cost of cleanup is Your responsibility.
License, permits, fees: You shall furnish and/or pay for, at Your own expense all taxes, permits, and other fees required to legally perform the repair work in accordance with this Agreement. You also agree to allow access to the property for an agent of the administrative authority or utility required for the Work to be completed within a reasonable time. Should reasonable access not be provided, it may result in additional charges. If at any time the administrative authority or utility company asks for additional work not required by this Agreement, then George Brazil will provide an additional flat rate price for that work if it is work that George Brazil is licensed to perform. All notices related to work performed by George Brazil which are sent to the property owner must be forwarded to George Brazil and a reasonable amount of time allowed for the process.
Payment: Payment for the work described in this Agreement shall be immediately due upon completion of the work. If the cost of the work described in this agreement exceed $5,000, requires a permit, or requires special order items or parts, then partial payments may be made as mutually agreed between George Brazil and You in writing. No deduction shall be made from payments on account of penalty, liquidated damages, back charges, or payments to other contractors. By entering into this Agreement, You agree and recognize that payment for services rendered by CONTRACTOR when due is an express condition precedent to CONTRACTOR continuing work as described in this Agreement. You recognize that the failure to pay for services when due shall entitle George Brazil to terminate work immediately and seek to collect amounts owed. In the event George Brazil terminates work for nonpayment, CONTRACTOR shall be entitled to the full contract amount or all of its reasonable expenses including, but not limited to cost of labor, materials, a reasonable allowance for overhead and profit, and all other compensation as allowed by law. A service charge of 1.5% (18% A.P.R) will be added after 10 days to any unpaid balance. You agree to pay all reasonable attorney’s fees, expert costs, and all court costs in the event of legal action by George Brazil to collect unpaid amounts. Furthermore. You understand that if Your check does not clear the bank for any reason that You could be liable for three (3) times the amount of the check, and in no case less than $100 or more than $500, plus the face value of the check, legal costs and attorney’s fees.
Flat Rate: All work is done on flat rate. No itemized breakdowns will be provided. The price includes tax, materials, and labor. The price also includes the CONTRACTOR removing and hauling away replaced items from the premises and discarding them unless otherwise specified in writing by You.
Mutual Right to Terminate in the Event of Dispute: In the event of a dispute between You and CONTRACTOR that either party may cancel this Agreement. In the event of termination by George Brazil, George Brazil shall be entitled to payment for all services rendered including cost of all labor, materials, reasonable profit and overhead. In the event of cancellation by You after the contract has been signed but before work is completed, George Brazil is entitled to a minimum fee of 10% or $1000, whichever is less. In the event of cancellation by You after work has commenced, George Brazil is entitled to 10% or payment for work performed including cost of all labor, materials, reasonable profit and overhead, whichever is more.
Services not covered: George Brazil will not perform any other work or trade than that which is specified in this Agreement, including but not limited to carpentry, plaster/wall work, tile work, landscaping, masonry, flooring, roofing, paving, etc., unless specified in writing. Unless otherwise stated, paint, plaster, stucco, and landscaping are not included in the flat rate price and is Your responsibility.
Scope of Agreement: This Agreement represents the entire integrated agreement between You and George Brazil and supersedes all prior negotiations, representations, or agreements, either oral or written. This Agreement is: (a) severable, such that if any provision is deemed unenforceable, the remainder of the Agreement remains valid; (b) will be governed by the laws of Arizona; (c) may only be modified or amended by a writing signed by the Parties; (d) is binding on the Parties’ successors and assigns; (e) may be specifically enforced; and (f) is subject to exclusive jurisdiction and venue of the courts located in Arizona. The clause headings are for convenience of reference only and constitute no part of the Agreement. Both the CUSTOMER and CONTRACTOR shall be deemed to have participated in the drafting of this Contract; hence, in the event any provision of this Agreement is deemed to be ambiguous, it shall not be construed against either party.
Questions or Concerns About the Work? George Brazil is a fully licensed and bonded CONTRACTOR in the state of Arizona. As a result, you have a right to file a written complaint with the Arizona Registrar of Contractors for an alleged violation of Arizona Revised Statute section 32-1154, subsection A. Complaints must be made within the applicable time set forth in Arizona Revised Statute section 32-1155, subsection A. The Arizona Registrar of Contractors can be contacted at 1-877-MY AZROC or at www.azroc.gov. Please contact the service manager at George Brazil by calling 602-257-9000 if you have any questions or concerns regarding the work or to resolve any issue
