TERMS

Scully’s Plumbing – Long Island Reno

1. DEFINITIONS & PARTIES

• The Company: Throughout this agreement, the terms “The Company,” “we,” “us,” or “our” refer to Scully’s Plumbing – Long Island Reno.
• Liability Limitation: All service obligations, warranties, and liabilities are strictly limited to The Company. No individual officer, owner, member, or affiliated management entity shall be held personally or separately liable for Company obligations or disputes.
• The Customer: The term “Customer” or “Client” refers to the individual or entity requesting or receiving services.
• Authorized Agents: For commercial properties or multi-family buildings, any individual providing site access or requesting service (including, but not limited to, property managers, building supers, or board members) is deemed an Authorized Agent. Their request for service constitutes full acceptance of these Terms on behalf of the property owner or entity.

2. SITE REQUIREMENTS & SCOPE OF WORK

• Scope of Work & Exclusions: The Company is responsible only for the specific tasks and materials explicitly listed on the written estimate or invoice. Any item, fixture, or area not specifically mentioned is strictly excluded.
• Permits & Regulatory Compliance: Permit fees are not included and remain the sole responsibility of the Customer. Should the Company incur any fines, penalties, or legal fees resulting from the municipal status of the work performed at the Customer’s direction, the Customer agrees to indemnify and hold the Company harmless from all such costs, including any required corrective orders.
• Site Access & Utilities: Customer shall provide unimpeded access to the work area and the free use of on-site utilities (water/electricity) for the duration of the project.
• Snow & Ice Removal: The Company does not provide snow/ice removal. It is the Customer’s responsibility to ensure a safe, clear path to the work area. Failure to do so may result in work suspension and a mobilization/trip fee.
• Safety Vacate (Pets & Personnel): The Company maintains a Zero Tolerance Policy for unsafe work environments. If any individual representing the company (including employees, owners, or subcontractors) feels unsafe due to an unsecured or aggressive pet, or hostile or abusive behavior from the Customer (or anyone present on-site), they are authorized to vacate the premises immediately. This applies even if any/all utilities (water, gas, heat, or electricity) are currently disabled or inoperable. The Company is not liable for any resulting property damage (e.g., frozen pipes) caused by a work stoppage due to safety concerns.
• Unforeseen Conditions: The customer acknowledges that concealed circumstances—such as code violations, hidden structural decay, or hazardous materials—may arise after work begins. The customer accepts full financial responsibility for these circumstances.
• Discretionary Repair Authorization: To maintain project momentum, the Customer authorizes the Company to perform necessary additional repairs discovered during the course of work without further consent, provided the additional cost does not exceed 10% of the original estimate or $1,000.00 (whichever is less).
• Professional Discretion & Waiver: If the Customer requests the Company make a professional decision regarding method or placement (“Just do what you think is best”), the Customer waives the right to contest the aesthetic or functional outcome.

3. TIMELINES, AVAILABILITY & TERMINATION

• Timelines & Delays: All project schedules are estimates and goals only. The Company is not liable for delays caused by weather, material shortages, permit processing, or Customer non-response/indecision.
• Service Hours & Availability: The Company does not offer 24/7 emergency service. Standard hours are Mon-Fri, 8:00 AM to 4:00 PM (excluding holidays).
• Company Closures: The Company may occasionally be closed for scheduled vacations, holidays, or professional training. During these periods, the Company remains subject to the availability terms above. The Company is not responsible for damages resulting from our unavailability during these periods.
• Work Suspension & Termination: The Company may suspend or terminate work for delinquent payment or the Customer’s failure to maintain professional communication/cooperation. The Customer remains liable for all services provided to date.

4. PREVENTATIVE MAINTENANCE PLANS

• Coverage: The plan includes labor only to replace necessary near-appliance serviceable components within the immediate mechanical footprint (e.g., removable parts such as expansion tanks, circulator pumps, or relief valves). Coverage is capped at three (3) hydronic zones; any subsequent zones are subject to standard Company pricing for labor and materials. Specialized systems—including but not limited to secondary heat exchangers, snowmelt, and loops off steam boilers—are excluded from $0 labor and at-cost part coverage.
• At-Cost Material Pricing: Materials and components required for repairs under this plan are provided to the customer at the Company’s wholesale cost.
• Warranty Limitation: Components provided “at-cost” are covered by the manufacturer’s warranty only. Because these materials are provided without a retail markup, they do not qualify for the Company’s standard 24-month warranty (detailed below).
• Pre-Existing Conditions: Maintenance plans are designed for functional systems. If a unit or component is non-functional or requires repair at the time of the initial visit, those repairs are subject to our standard Company pricing. A maintenance plan may only be activated once the system is brought up to a verifiable operational standard.
• Exclusions: This plan specifically excludes any work requiring the cutting out and replacing of any piping (including headers). If a repair requires re-piping, it is considered a separate installation and is not included in any way (labor or material). This plan excludes the replacement of the main appliance (e.g., boiler or water heater) and distal system repairs (e.g., thermostats, or radiator valves/vents). This plan strictly excludes commercial appliances.
• Oil Systems Notice: We service the plumbing/hydronic side of oil-fired units only. We do not stock or provide oil-specific components (e.g., filters, nozzles, fuel pumps). Maintenance of the oil-burning assembly is the sole responsibility of the customer’s fuel provider.
• Service Hours: Plans do not include 24/7 emergency service. All service is subject to the Company’s standard business hours (Mon–Fri, 8 AM – 4 PM).
• Payment & Validity: Plans must be paid in full to be active. Benefits are valid for one year from the date of the initial maintenance visit.

5. WARRANTY & LIABILITY

• Standard Coverage: Items supplied and installed by the Company are guaranteed to be free from defect for 24 months from the date of installation.
• Existing System Status: Claims that a system “always worked before” do not constitute proof of Company negligence regarding aging or unserviced infrastructure.
• Non-Reproducible Issues: The Company cannot diagnose or repair issues that are not present or reproducible at the time of the service visit. Reporting a non-reproducible issue does not extend or “pause” the original warranty period. If an issue is not verified and repaired by the Company before the 24-month period expires, it is not covered, regardless of when it was first reported.
• Subjective Qualities: All plumbing and heating systems possess inherent operational characteristics. Subjective qualities (such as noise levels, vibrations, or odors) do not constitute a defect if the system is operating within manufacturer specifications.
• Limitations of Liability: This warranty is limited to the repair/replacement of the installed component; we are not liable for consequential damages (including, but not limited to, flooring, drywall, mold, or loss of use).
• Third-Party Repairs & Right to Repair: This warranty is valid only for work performed by the Company. We will not reimburse for invoices from a third-party. Unauthorized repairs void all warranties.
• Customer-Supplied Material: No warranty is assumed for materials provided by others.
• Drain Cleaning: All drain cleaning services are provided without a guarantee.

6. PAYMENT STRUCTURE

• Acceptance by Payment: Remittance of any payment constitutes full acceptance of these Terms, regardless of whether a physical signature is provided.
• Implicit Rate Acceptance: In instances where a formal written estimate is not requested or provided (including, but not limited to, verbal service requests or building maintenance), the Customer’s request for service and subsequent provision of site access constitutes acceptance of the Company’s Standard Company Pricing.
• Course of Dealing: For repeat Customers or building accounts, the payment of any prior invoice establishes that the Customer agrees to these Terms for all subsequent requests.
• Non-Refundable Policy: Deposits may be non-refundable—unless cancelled in writing within three (3) business days of the initial agreement. Any retained portion of a deposit is intended to offset actual administrative, scheduling, and material costs incurred by the Company.
• Third-Party Payments: Payments made by third parties on behalf of the Customer constitute full acceptance of these Terms.
• Final Acceptance: Payment in full by the Customer constitutes a final and binding acknowledgment of satisfactory completion of all work and materials supplied. By issuing payment, the Customer waives any further claims regarding the quality, scope, or visual condition of the installation, subject only to the 24-month limited warranty on material defects.

7. DISPUTE RESOLUTION & LEGAL COSTS

• Governing Law: This agreement shall be governed by the laws of the State of New York.
• Insurance as Primary Remedy: In the event of alleged property damage, the Customer agrees to first seek recovery through any applicable insurance policies prior to initiating litigation.
• Legal Costs & Frivolous Litigation: If the Customer initiates litigation regarding matters specifically outlined or excluded within these Terms and the Company prevails, the Customer shall be responsible for all of the Company’s reasonable attorney’s fees and court costs.

8. AMENDMENTS & RATIFICATION

• Right to Amend: The Company reserves the right to update these Terms at any time.
• Governing Version: The version of the Terms active at the time of service or payment shall govern that specific interaction.
• Ratification: By continuing to use our services or remitting payment, the Customer agrees to the most current version of these Terms.

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Revised: March 2026