SPECIAL NOTICES
$20 Fuel Surcharge on ALL Service Calls
As you are aware, fuel prices are at an all-time high. A $20 Fuel Surcharge will be added to all service calls including $99 Stoppage calls, diagnostic House Call fee for Plumbing and HVAC, and Emergency House Call fee.
We appreciate your understanding of the economic crisis we all face as fuel costs increase. We deeply appreciate your understanding and we will continue to maintain the high quality service you have come to expect from our company.
We do not provide services for Area Drains, Patio Drains, Deck Drains, Pool Drains, Roof Drains, Yard Drains and Rain Gutters.
Height Restrictions: All repairs must to be on the 1st or 2nd floor of any multi-story building and no service will be provided to buildings (regardless of the floor) that are taller than ten stories.
There will be additional charges if we need to bring our equipment higher than a main floor or through any stairway.
General Electric Water Heater Owners:
Due to manufacturing and design issues, we do not repair or replace parts on General Electric Water Heaters.
We apologize in advance for any inconvenience this may cause.
If you own a General Electric water heater that is in need of service, we recommend the replacement of your water heater with a fully warranted unit that will be serviced by Mike Diamond Services.
Drains and Stoppages:
There will be an additional charge for drain cleaning if caustic chemicals have been used within 72 hours of our visit. Mike Diamond Services will not clean any drain line or sewer lines through a roof vent. We will not clean sewer lines through the toilet access or any interior clean-out.
Without Exception, Our $260 Emergency Fee is non-refundable.
The $260 Emergency Fee does not include the cost of the project and is due in advance regardless of the outcome of our visit.
For example: if you call for a drain stoppage after hours we will immediately charge your credit card the non-refundable $260 Emergency Fee. Then if we successfully clear your residential stoppage, there will be an additional $99 ($200 Business/Commercial). If we’re unable to clear your residential stoppage, you will not be charged the $99 but the $260 Emergency Fee will not be refunded.
We apologize in advance for any inconvenience this may cause.
GENERAL TERMS AND CONDITIONS SUMMARY
These are general Terms and Conditions surrounding our services, depending on circumstances, there may be additional situations that require us to modify these Terms and Conditions.. These Terms and Conditions may change from time to time without notice. We strongly advice you to familiarize yourself with these Terms and Conditions before you contract our services.
SITE CONDITIONS
If Mike Diamond Services must obtain access to other properties in the course of work, Mike Diamond Services shall secure permission for such and hold harmless and indemnify Mike Diamond Services and its employees and agents against all actions and consequences arising or relating to the use of said properties, including, but not limited to, damage done in the normal course of work, excluding negligence, and for securing said property and its contents during and after work.
Customer shall secure, remove and protect all property, and its contents, including, but not limited to, adults, children, animals, cabinets, fixtures, flooring, walls, tiling, carpets, drapes, furniture, and vegetation during and upon completion of work and shall hold harmless and indemnify Mike Diamond Services, its employees and agents against all claims arising out of CUSTOMER’S failure to do so.
LIMITED WARRANTY
Mike Diamond Services warrants its materials and workmanship to be free from defects for one year after performance unless otherwise specified in writing. The warranty does not cover faults caused by misuse; negligence; or damage caused by acts of God, including, but not limited to, earthquake. There is no warranty on drain cleaning or refrigerant leaks. In the event that a manufacturer offers a warranty, said warranty shall negate and supersede Mike Diamond Services warranty. This warranty is the only warranty by Mike Diamond Services to CUSTOMER, and is in lieu of all other warranties, expressed or implied.
CUSTOMER shall telephone Mike Diamond Services within twenty four hours (24) of discovery of any warranty claim. Mike Diamond Services will respond with reasonable promptness between the hours of 8:30 a.m. to 4:30 p.m. (Pacific Time) Monday through Friday, excluding holidays.
Mike Diamond Services shall not be liable for water or other damage relating from any defect or delay in responding to said warranty. CUSTOMER must take reasonable steps to mitigate damages.
Mike Diamond Services shall not be liable for lost profits, incidental, special, exemplary, indirect or consequential damages resulting from any work performed, or any problem, whether or not covered by this limited warranty.
UNFORESEEN CONDITIONS
If conditions and/or circumstances are encountered at the job site which are concealed physical conditions, or unknown physical conditions of an unusual nature, which differ materially from that which is visually ascertained. CUSTOMER agrees to accept responsibility for such conditions and those circumstances outside the control of Mike Diamond Services and further agrees to pay for any labor or materials, including repair to damaged equipment of Mike Diamond Services and other plumbing caused by such conditions and/or circumstances.
It is the intent of this provision to make CUSTOMER responsible (1) for all unforeseen and concealed conditions; and (2) for that which Mike Diamond Services cannot control. Accordingly, CUSTOMER further agrees to hold Mike Diamond Services harmless and shall indemnify and defend Mike Diamond Services and all its agents and employees from and against all claims, damages, losses and expenses, including, but not limited to, attorney’s fees, consequential damages, arising out of or as a result from the performance of Mike Diamond Services work involving, affecting, or relating to such unforeseen or concealed conditions, regardless of whether such damages are caused in part by Mike Diamond Services.
Asbestos or other Hazardous Materials Remediation Work – Mike Diamond Services has no information whatsoever with respect to asbestos or other hazardous materials or substances in any portion of the CUSTOMER’S property and has not conducted any investigation in connection herewith. Mike Diamond Services does not perform asbestos or other hazardous materials or substance removal and Mike Diamond Services shall have no responsibility whatsoever and CUSTOMER expressly releases Mike Diamond Services from any liability whatsoever and for any claims arising out of its presence, release, remediation or removal and for any costs, losses or damages CUSTOMER may suffer or sustain if it is found to exist on the CUSTOMER’S property. In the event asbestos or other hazardous materials or substances are found to exist on the Customer’s property or if, in order to obtain a building permit for the work to be performed by Mike Diamond Services as set forth herein, any remediation action or work, including investigation, is required to be performed on the Customer’s property concerning asbestos or other hazardous materials or substances, all work by Mike Diamond Services will cease until such time as CUSTOMER has, at Customer’s sole expense, caused said asbestos or other hazardous materials or substances to be removed in compliance with all applicable laws relating thereto.
If for any reason, a maintenance visit is not performed either because of the Mike Diamond Services or because of the maintenance agreement CUSTOMER, the monetary value does not exceed the cost of the maintenance agreement.
RECOMMENDATION NOT PERFORMED
If suggested options are not chosen by the CUSTOMER and a failure is experienced, Mike Diamond Services is held harmless.
STOPPAGES
Mike Diamond Services will not clean any drain line or sewer lines through a roof vent.
Any drain cleaning cable which becomes stuck in the line is the responsibility of the CUSTOMER for removal and/or additional repairs. If a sewage spill occurs, including one deemed hazardous material, the cost of clean up is the responsibility of the CUSTOMER.
LICENSE, PERMITS, FEES
CUSTOMER shall furnish and pay for, at CUSTOMER’S own expense, all taxes, permits, and license fees required to legally perform the repair work in accordance with this Agreement. Access to the property for an agent of the administration authority must be provided within a reasonable time. Should reasonable access not be provided, it may result in additional charges to the CUSTOMER.
If at any time the administrative authority asks for additional work not related to our original contract, that work is the responsibility of the CUSTOMER. Mike Diamond Services will provide an additional UP FRONT PRICE for that work.
All notices related to work performed by Mike Diamond Services which are sent to the property owner must be forwarded to the Mike Diamond Services and a reasonable amount of time allowed for the process.
PARKING OUR VEHICLES
For safety reasons, available parking for vehicles must be less than 100 feet from your entry door. We do not park or leave our vehicles in red zones, centers of streets, double parking, underground parking, parking lots or any other area where our vehicles will not be legally or safely parked.
PAYMENT
All work done on a fixed UP FRONT PRICE. The price includes Materials, Tax and Labor. NO BREAKDOWN WILL BE PROVIDED! Payment for the work described in the Agreement shall be immediately due upon completion of the work.
No deduction shall be made from payments due Mike Diamond Services on account of penalty, liquidated damages, back charges for alleged defective work, or other sums withheld from payments to other CONTRACTOR’S or on account of the cost of changes or defects in the work. Furthermore CUSTOMER agrees and recognizes that payment for services rendered by Mike Diamond Services when due is an express condition precedent to Mike Diamond Services continuing work as herein described in this Agreement. CUSTOMER recognizes that the failure to pay for services when due shall entitle Mike Diamond Services to terminate work immediately. In the event that Mike Diamond Services terminates work for non-payment as herein described, Mike Diamond Services shall be entitled to 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.
RIGHT TO TERMINATE IN EVENT OF DISPUTE
In the event of a dispute between Mike Diamond Services and CUSTOMER, Mike Diamond Services and CUSTOMER agree that the Mike Diamond Services may immediately terminate the work described herein. In the event of such termination, Mike Diamond Services 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 CUSTOMER after contract has been signed, Mike Diamond Services is entitled to a minimum fee of 10% or $1000, whichever is less. In the event of cancellation by CUSTOMER after work has commenced, Mike Diamond Services is entitled to 10% or payment for work performed, whichever is more.
NOTICE OF DEFECTIVE WORK
Upon completion of the work, CUSTOMER agrees to exercise due diligence in inspecting the work for defective workmanship and materials. CUSTOMER agrees to notify Mike Diamond Services within forty eight (48) hours of completion of the work described hereunder of all defective work, if any. CUSTOMER agrees that upon discovery of any allegedly defective work, CUSTOMER shall immediately call Mike Diamond Services who shall have the first opportunity to repair the alleged defective work. The failure to allow Mike Diamond Services the first opportunity to repair the alleged defective work shall void all warranties, express and implied hereunder. CUSTOMER agrees and recognizes that they shall not withhold any payments for allegedly defective work. Mike Diamond Services is not responsible for reimbursement for work performed by any other company or individual.
SERVICES NOT COVERED
Mike Diamond Services will not perform any other work or trade other than that which is specified herein, including, but not limited to, carpentry, plaster/wall work, tile work, landscaping, masonry, flooring, roofing, paving, etc., unless otherwise stated; paint, plaster, stucco, and landscaping are not included in the up front price and are the responsibility of CUSTOMER.
SCOPE OF AGREEMENT
This agreement represents the entire and integrated agreement between CUSTOMER and Mike Diamond Services and supersedes all prior negotiations, representations or agreements, either oral or written. This agreement may be amended only by written instrument offered by Mike Diamond Services and accepted by CUSTOMER.
SEND NOTICE OF CANCELLATION AND ALL CORRESPONDENCE TO THE CORPORATE OFFICE AT:
Mike Diamond Services, 3801 LENAWEE AVE., CULVER CITY, CA 90232
Additional Emergency Fees Terms and Conditions
Our $260 Emergency House Call Fee is non-refundable.
The $260 Emergency Fee does not include the cost of the project and is charged in advance regardless of the outcome of our visit.
For example: if you call for a drain stoppage after hours we will immediately charge your credit card the non-refundable $260 Emergency House Call Fee. Then if we successfully clear your stoppage, there will be an additional $99 (Residential only, $200 Business/Commercial). If we’re unable to clear your stoppage, you will not be charged the for the service, however the $260 Emergency Fee will not be refunded.
Kitchen Sink and Other Single Line Stoppage
To clear your single line stoppage, we charge $99 (Residential only, $200 Business/Commercial) plus the non-refundable $260 Emergency Fee. If your single line stoppage turns out to be a mainline stoppage, you must meet the requirements below under Mainline Stoppage. If we’re unable to clear your stoppage, you will not be charged the $99 (Residential only, $200 Business/Commercial) but will be responsible for the non-refundable $260 Emergency Fee.
Mainline Stoppage
To clear your mainline stoppage, we charge $99 provided we are able to get to the stoppage through an accessible, ground level cleanout that has least 24 inches clearance from the building and on level ground. If we’re unable to clear your stoppage, you will not be charged the $99 but will be responsible for the non-refundable $260 Emergency House Call Fee.
Please note these additional restrictions:
- We will not go through your roof vent to clean your line.
- We will not go through your house if the under-house cleanout is not accessible.
- We will not clear your stoppage from an interior cleanout inside your home, exterior cleanout only.
- Sewer line cleanout cap must measure 3 ½ inches in diameter or larger. If the cap is smaller it is considered nonstandard and we will not be able to use it
- 4 steps/stairs maximum to get to the cleanout area from the driveway.
ALL Emergency Stoppage Calls
- There will be an additional charge for drain cleaning if caustic chemicals have been used within 72 hours of our visit.
Your credit card will be charged the non-refundable $260 prior to dispatching an emergency technician.
- If you cancel while the technician is en route, you will be charged the nonrefundable $260 Emergency Fee.
- Even if no work is performed after the technician arrives, you will be charged the non-refundable $260 Emergency Fee.
Additional Emergency Plumbing Call Terms and Conditions
Our $260 Emergency Fee is non-refundable.
The $260 Emergency Fee does not include the cost of the project and is charged in advance regardless of the outcome of our visit.
The technician will diagnose your emergency problem and will then present you with options for solving your problem and exact prices from our Straightforward Price Guide. If for any reason our repair option is not in your budget or unable to solve your problem you will be responsible for the $260 Emergency House Call Fee.
Not all plumbing emergencies can be solved after hours. If we came to your home and shut your water or gas off and performed no work you will be responsible for the non-refundable $260 Emergency Fee.
If you’re able to shut your water or gas off yourself you will save the non-refundable $260 and schedule a service call for the following day and a technician can come to your home and offer solutions to your problem. The House Call Fee would be $76.41 to evaluate your situation. The service technician will then present you with options for solving your problem and exact prices from our Straightforward Price Guide.
Your credit card will be charged non-refundable $260 prior to dispatching an emergency technician.
- If you cancel while the technician is enroute, you will be charged the non-refundable $260 Emergency Fee.
- Even if no work is performed after the technician arrives, you will be charged the non-refundable $260 Emergency Fee.