TERMS & CONDITIONS 

TERMINOLOGY: For ease of reading the terms and conditions contained in this page from now on we shall refer to the person signing/ authorizing on the front of this invoice as the CUSTOMER and MIGUEZ DRAIN SERVICES shall be addressed as the COMPANY.

TO OUR CUSTOMERS: The Company requires that its technicians have an invoice signed for all diagnosis, general work, and sales transactions with Customers. This is done in order to protect you and your relationship with the Company. You are respectfully requested to examine the statement before the Company’s employees leave the premises. The person signing and approving all stages of the work preformed in this transaction declares to be the owner, or agent for the owner, to act as Customer and has the authority to order and approve with his/her signature all the fees and amounts specified in this invoice. The person signing and authorizing this invoice further agrees that his/her failure to pay amounts due will obligate him/her to pay all court costs, attorney, and collection fees incurred by the Company.

LIMITS OF RESPONSIBILITY: It is agreed by the Customer and the Company that the Company is not responsible for the following:
1. Damage caused to the Customer’s property as a result of obtaining access to and exposing systems and equipment for diagnosis, repair, and/or replacement.
2. Conditions and/or circumstances encountered at the job site which are (1) concealed physical conditions, or unknown physical conditions of an unusual nature which differ materially from that which is visually ascertained (2) Additional work beyond that specifically mentioned in this invoice including but not limited to that which may be required because of pre-existing conditions, latent defects, code violations or additional work revealed to be necessary as a result of preforming the specified work.
3. Cleaning of any drain line or sewer lines through a roof vent. Any drain cleaning cable which becomes stuck in the line. The cost of clean up of any sewage spill including one deemed hazardous.
4. Any repairs, installations, removal or replacement of any other work or trade other than that which is specified on this invoice or preforming work on non-trade specific items or the standard activities of the Company including but no limited to concrete. paving, asphalt slabs, sidewalks, driveways, landscaping, patios, irrigation systems, pools, shrubbery, grass lawns, fences, electrical wiring and fixtures, painting, decorations, plastering, stucco, sheetrock and other wall coverings, glass, carpentry, millwork, cabinets, floors, carpeting floor surfaces and preparation, tile work, roofing flashing, sheet metal, gutters, downspouts, brick, stonework, masonry, extension steel walls and other framework, or asbestos or other hazardous materials in any portion of the Customer’s property.
5. Damage caused to the Customer’s plumbing system by sewer and drain cleaning equipment when such is caused by pre-existing defect in such plumbing system.
6. Access and damages caused to other properties in the course of work if such access is necessary in the normal course of work.
7. Failure in equipment performances of any kind resulting from the Customer declining the execution of recommended corrective options discussed or presented to the Customer.

LIMITED WARRANTY:
1. Materials and workmanship is warrantied for the period of time specified on the face of this invoice. All parts recorded in this invoice are warrantied to the extent covered by the Manufacturer’s Warranty to the Company on a replacement basis. No other warranties, expressed or implied, including merchantability or fitness for a particular purpose apply.
2. The labor noted in this invoice is guaranteed for a period of 30 days. The Company, of course, does not provide a labor guarantee on parts other than those installed by Company personnel if repairs or replacement later becomes necessary due to other defective parts, they will be charged separately.
3. The Company shall not be liable for water or other damage relating from any defect or delay in responding to said warranty. The Customer must take reasonable steps to mitigate damages.
4. The Customer understands that the Company’s liability under this warranty is limited to repair, replacement, re-cleaning or refund of the Customer’s money, and does not extend to property damage, lost profits, incidental, special, exemplary, indirect or consequential damages resulting from any work preformed, or any problem, whether or not covered by this limited warranty. The Company shall not be responsible to the Customer for any insured loss.
5. If for any reason attributable to either the Customer or the Company, a maintenance visit is not performed, any alleged damages shall not exceed the monetary value of the unperformed maintenance agreement visit.
6. The Customer shall give the Company the first right of refusal to repair any alleged defective work. The failure to allow the Company the first opportunity to repair any alleged defective work shall void all warranties, expressed or implied hereunder. The Company is not responsible for reimbursement to Customer for work performed by any other company or individual unless prior written consent is granted by the Company to the Customer.

LOUISIANA LAW TO APPLY: The rights and duties of the Company and the Customer parties to this Agreement, shall be governed by the Laws of the State of Louisiana and the parties specifically hereby consent to and agree that jurisdiction and venue for any claims arising under this Agreement shall be the Court of Parish of St. Tammany, Louisiana. This Agreement constitutes the sole and only Agreement of the parties.

ATTORNEY’S FEES AND COSTS: If any action at law or in equity is necessary to enforce or interpret the terms of the Agreement, or it is determined that the Customer is in breach of the same or collection proceedings become necessary, then the Company shall be entitled to all of its attorney’s fees, costs and disbursements in addition to any other relief to which the Company may be entitled by law.