INTRODUCTION
For purposes of the below disclaimers, all material terms and governance of this document adhere to the Illinois Plumbing License Law (225 ILCS 320).
This document (hereinafter referred to as the “Disclaimer” or the “Agreement”) is entered into between Rescue Plumbing, Inc. (the “Company”) and the Customer identified in the corresponding Service Agreement.
This Disclaimer is incorporated into the Service Agreement immediately upon execution by both the Company and the Customer.
DISCLAIMERS:
INSURANCE CLAIMS.
Company will not directly bill any insurance company related to any insurance claims. Work conducted by Company will be directly billed to Customer, and Customer will pay Company directly by means agreed upon mutually by Company and Customer.
SUCCESSFUL UNCLOGGING OF DRAINS.
Company is not responsible for any pump failures. If a pump fails, Customer agrees that Company is not answerable or liable for such failures. Customer is to indemnified Company for costs that may arise as a result of such failures.
SEWER CLEANING.
In cleaning or snaking drains which are broken or separated, there is an increased risk that the cables from the sewer machine may become lodged in the sewer. Should this occur, Customer will incur any and all costs for removing the cables from the sewer. The cables will need to be removed promptly in order to avoid further damage to the sewer pipes located on the Customer’s property, or those on the county side of the sewer line. Customer is responsible for the cost of lost or damaged cables. Company is not responsible for broken cables or losing cables in a drain as a result of drain cleaning.
DAMAGES.
Company is not responsible for damage to personal property, including but not limited to:
- Attic insulation
- Ceilings
- Ceiling textures
- Walls
- Floor coverings
- Cabinets
- Countertops
- Paint
- Stain
- Wallpaper
- Decorative finishes
Company is also not responsible for:
Incidental or consequential property damage as permitted under Illinois law.
Damage caused by grease or sewage while accessing plumbing systems.
Existing damage to aging plumbing systems.
Damage resulting from previous work performed by unlicensed contractors.
WATER HEATER DISCLAIMER.
Customer has been advised that the water heater should remain set at 120 degrees as determined by the Manufacturer and Gas Appliance Manufacturers Association (Hereinafter referred to as “GAMA”) standards. Company will not perform repairs involving hazardous or toxic materials. Company will not perform repairs on any equipment, systems, parts, which Company determines to be obsolete.
WAIVERS:
MOLD WAIVER AND RELEASE OF LIABILITY.
In consideration of the plumbing services provided by Rescue Plumbing, the Customer acknowledges that plumbing work may involve conditions that could contribute to mold growth.
The Customer accepts all risks associated with mold, fungus, corrosion, bacteria, and similar conditions that may exist before, during, or after the services are performed.
The Customer releases Rescue Plumbing, its owners, employees, and representatives from claims related to mold, property damage, personal injury, loss of use, loss of value, loss of income, or similar claims arising directly or indirectly from plumbing conditions.
Rescue Plumbing does not perform mold remediation, mold testing, mold removal, or environmental restoration unless specifically agreed to in writing.
By signing the Service Agreement, the Customer confirms that they have read, understood, and accepted this Disclaimer.
WAIVER.
In completing repairs, Customer recognizes: There is a risk of damage to persons or property and Company shall be limited to furnishing labor and parts necessary to remedy any defects in parts or workmanship, which are covered by Company’s Warranty. Company is not responsible for: Personal injury or for any indirect, incidental, or consequential damages to persons or property.
PENALTY FOR FAILURE TO PAY.
If a payment is not made in a timely manner, or if a check is not able to be cashed by Company due to insufficient funds from Customer, the Customer is liable for the full amount of the payment, plus interest per month as allowable by Illinois Law.
SEVERABILITY.
All provisions of the Agreement are severable. The determination that any particular provision or term is illegal or unenforceable shall have no effect upon the remaining terms of the Agreement.
MODIFICATION TO AGREEMENT.
Any modification of this Agreement will be governed effective only if it is in writing and signed by both parties.
RIGHT TO STOP WORK.
Company may, after providing three calendar days’ written notice to the Customer failing to make a required payment, suspend performance of all services under this Agreement until the payment is made without penalty for breach of contract.
ALTERNATIVE DISPUTE RESOLUTION ESCALATOR:
The Company, at its discretion, may choose to file a mechanics lien for any unpaid balances.
MEDIATION.
If the Company and the Customer are unable to resolve a dispute regarding any material issue related to this Agreement, both parties agree to first attempt to resolve the matter through mediation.
A written request for mediation may be submitted by either party. Once requested, the mediation shall be scheduled within fifteen (15) days whenever reasonably possible.
The mediation shall take place in Chicago, Illinois, USA, and all proceedings shall be conducted in the English language.
The parties will first attempt to mutually agree upon a single mediator. If an agreement cannot be reached, each party shall appoint one mediator, and those mediators shall jointly select a neutral third mediator to conduct the mediation.
All mediation discussions, settlement offers, statements, and communications—whether oral or written—shall remain confidential and may not be used as evidence in any subsequent legal proceeding. This confidentiality requirement does not apply to evidence that would otherwise be independently admissible under applicable law.
If the dispute cannot be resolved through mediation, the parties agree that the exclusive venue for any litigation arising from this Agreement shall be Chicago, Illinois, USA.
Each party shall be responsible for its own mediator’s fees and expenses, while the costs associated with the neutral mediator shall be shared equally between the parties. Any settlement reached through mediation shall be final and binding upon both the Company and the Customer.
ARBITRATION.
Any dispute concerning the interpretation, enforcement, or performance of this Agreement that cannot be resolved through mediation shall be exclusively settled through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.
For disputes involving $75,000 or less, the parties agree that the AAA Expedited Rules shall apply.
The parties will attempt to mutually select a single commercial arbitrator. If they cannot reach an agreement, the American Arbitration Association shall appoint the arbitrator.
All arbitration proceedings shall take place in Chicago, Illinois, USA.
The arbitrator may award only actual damages sustained by the prevailing party and shall not award punitive damages or any damages not measured by actual loss.
Unless otherwise required by law, both parties agree to equally share the arbitration costs payable to the American Arbitration Association, including the arbitrator’s fees.
The arbitrator’s decision shall be accompanied by a written reasoned opinion, and judgment upon the arbitration award may be entered in any court having jurisdiction under the Federal Arbitration Act.
By entering into this Agreement, both the Company and the Customer acknowledge and voluntarily waive their right to a trial by jury for any dispute arising under this Agreement.
Nothing contained in this arbitration provision shall prevent either party from seeking temporary or equitable relief in a court of competent jurisdiction when necessary to prevent immediate or irreparable harm. Such relief may be requested without any obligation to post bond where permitted by law.
CHOICE OF LAW.
The matters relating to the Company and the Customer’s relationship will be governed by the laws of Illinois unless specifically stated otherwise, in writing signed by both parties.
