Terms and Conditions

The following terms apply to all work performed by Rival-Rooter for the customer indicated on the invoice.

  1.  Customer’s Responsibilities: You agree to (a) remove any hazards, obstructions, or dangerous conditions around the job site not caused by our work, (b) limit access to the job site so that people not working on our job are not exposed to dangerous conditions relating to our job, (c) place appropriate warnings to warn of dangerous conditions when we are not on the job site, and (d) provide us with adequate access.
  2.  Exceptions to Our Responsibilities: We are not responsible for (a) personal injury, property damage, or other damage or loss to you or others arising out of our work, except to the extent caused by our negligence or failure to perform the work in accordance with the contract between us; (b) defective, damaged, or deteriorated lines, mold, lead piping, or other unexpected or undisclosed conditions, and the consequences of such conditions, including delays, broken fixtures or lines, or lodged equipment (if we encounter such a condition, we may stop work, and you will pay us a reasonable charge for the work performed); (c) the time required to complete our work with reasonable diligence; (d) unless explicitly stated in writing, any damage necessary to complete our work, including damage to landscaping, walls, painting, tile or concrete or similar items; (e) damage caused by the removal of any cleanout, drain cover, or cap; or (f) tasks we perform in accordance to your specific instructions.
  3.  Release and Hold Harmless: You release us from (and if you are a commercial customer, you will defend and indemnify us and hold us harmless against) all damages, claims, demands, settlements, judgements, liabilities, costs, and expenses, including reasonable attorneys’ fees, allegedly arising out of (a) breach of your responsibilities under paragraph 1, or (b) matters for which we disclaim responsibility under paragraph 2.
  4.  Our Guarantee: If we provide a parts or equipment guarantee, as your exclusive remedy, we will give you the benefit we receive, if any, under the manufacturer’s warranty, if we provide a service guarantee, it covers only drainage failure in the line serviced, and defective plumbing workmanship, during the guarantee term. As your exclusive remedy under our service guarantee, we will, at our option, either do the work again at no labour cost, or refund your payment. Guarantees do not apply to problems arising out of main sewer line backup or improper, abnormal or unanticipated use or conditions. Except as explicitly stated in writing, we are not giving any guarantees or making any warranties. WE DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PERTICULAR PURPOSE. You may transfer a guarantee of plumbing repair or replacement to a person who purchases the property, but you may not transfer a drain cleaning or toilet auger guarantee. Your transferee must present the warranty claim to Rival-Rooter at the time we perform our work. For problems or inquiries, you should contact our General Manager at the phone number listed on the invoice.
  5.  Limitation of Damages: Our liability to you for any claim arising out of the work on any job (other than a claim permitted by these terms for personal or bodily injury) will in no event exceed three times the amount you actually pay us for the work on that job. EXCEPT FOR A CLAIM PERMITTED BY THESE TERMS FOR PERSONAL OR BODILY INJURY OR PROPERTY DAMAGE. YOU WAIVE ANY RIGHT TO RECOVER INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, OR DELAY DAMAGES. If the trenchless equipment becomes lodged or immobilized due to unforeseen conditions, the client agrees to be responsible for all costs associated with its location, access, and retrieval. Such costs shall be billed on a time and materials basis. This provision does not include, and the contractor shall not be responsible for, the repair, removal, or remediation of any underground obstructions or conditions encountered, including but not limited to irrigation systems, electrical lines, rock or bedrock, concrete, or other subsurface impediments. Any work required to address such conditions will be treated as additional work and subject to separate charges.
  6. We may from time to time send you promotional content via email, advertising our services. You may opt out of this at any time.
  7.  General: These terms are part of our contractual agreement and will prevail over any inconsistent terms in any other agreement between us. Including the terms of any purchase order, and may be modified only in a written instrument signed by both of us which specifically refers to the provisions to be modified. If any of these terms is held invalid or unenforceable the remaining provisions will not be affected and will continue to apply.
  8. Payment Terms (Projects Over $1,000): For all projects with a total value exceeding $1,000, a deposit equal to 50% of the quoted project cost is required upon acceptance of the work. The remaining balance is due upon completion of the work
  9. Credit Card Processing Fee: For payments made by credit card, a processing fee of 2.8% will be applied to any transaction exceeding $1,800. This fee is imposed to offset the costs incurred by the contractor for credit card processing.  The processing fee will be calculated based on the total amount charged to the credit card and will be clearly itemized on the invoice. By electing to pay via credit card for amounts over $1,800, the client acknowledges and agrees to this additional charge.

  10.  Overdue Amounts: If you fail to pay us any amount when due, we will charge you interest on the amount due at 24% annum, compounded at the rate of 2% per month (but not exceeding the highest rate legally permissible) You will reimburse us for the reasonable attorneys’ fees we incur in all stages of collection. In the event we must refer unpaid balances to a collections agency, you agree to pay any and all fees incurred by us in utilizing the services of the collections agency, to the extent permitted by law.