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CONDITIONS AND EXCLUSIONS Roto -Rooter guarantees the services performed set forth in this invoice to be free from defect in materials or workmanship for the applicable time period stated above. If within the Guarantee Period a drain stoppage or other defect in the repair of plumbing fixtures plumbing parts installed by Roto -Rooter occurs, Roto -Rooter will clear the drain stoppage or, repair or replace (at Roto-Rooter's option) the plumbing fixture of plumbing part previously installed at no cost to the customer, subject to the following exclusions and limitations: 1. This Guarantee applies only to the specific sewer lines cleaned, or plumbing fixtures or plumbing parts supplied and installed by Roto -Rooter 2. Roto -Rooter must receive notice of the defect within the Guarantee Period. 3. This Guarantee does not apply to: a. Materials furnished, or work performed by other than Roto -Rooter. b. Drains, sewer lines, plumbing fixtures and plumbing parts which have been misused, abused, damaged, or modified by others; c. Drain or sewer line stoppages caused by foreign materials and objects, including but not limited to grease, sanitary articles, paper towels, toys etc., or d. Drains, sewer lines, plumbing fixtures on septic systems e. Pipes lifted by roots f. Repairs made by cast in place lining that have subsequently been cleaned with a drain cleaning machine with rotating cutter heads. LINED PIPES MUST BE CLEANED WITH A WATER JET. 4. The Guarantee Period commences on the date or original service and shall not be extended by subsequent services or repairs made pursuant to the terms of the Guarantee. The Guarantee hereunder extends to the customer invoiced for the services and is not transferable. 5. Roto-Rooter's liability hereunder shall be limited to recleaning of drain or sewer stoppage(Max. Two repeat visits) or the repair or replacement of defective plumbing fixtures or plumbing parts: Roto -Rooter shall not be liable for (1) Incidental or consequential damages; (2) Water or other damage; (3) Loss of use; or (4) Loss of anticipated benefits or profits, any of which result from the furnishing of services or products, or from the breach of the Guarantee, even if Roto -Rooter knew of the likelihood of such damages. 6. Any implied warranty of merchantability, or fitness for a particular purpose of use, shall be limited to the duration of the foregoing written guarantee. The foregoing written guarantee is the customer's sole and exclusive remedy and in lieu of all other guarantees and warranties express or implied, written or oral. This guarantee may only be modified in writing, signed by an officer of Roto -Rooter. 7. This guarantee does not apply in the event customer breaches any of the Terms and conditions of service, including but not limited to timely payment of all charges. 8. COLLECTIONS: Owner agrees to pay all collection fees and charges including but not limited to all legal and attorney fees that result should Owner default in payment of this contract. Overdue accounts are subject to interest charged at the rate of 18% per annum. 9. LEGAL FEES: In the event litigation arises out of this contract, prevailing party(ies) are entitled to all legal, arbitration, and attorney fees. The court shall not be bound to award fees based on any set, court fee schedule but shall if it so chooses, aware the true amount of all costs, expenses and attorney fees paid or incurred. A FINANCE CHARGE will be computed on the unpaid balance by a single period rate of 1 %% per month, which is an annual percentage rate of 18%. A $35.00 FEE WILL BE CHARGED FOR ALL RETURNED CHECKS. "State law requires anyone who contracts to do construction work to be licensed by the Contractors State License Board in the license category in which the contractor is going to be working - if the total price of the job is $750.00 or more (including labor and materials). Licensed contractors are regulated by laws designed to protect the public. If you contract with someone who does not have a license. The Contractors State License Board may be unable to assist you with a complaint. Your only remedy against an unlicensed contractor may be in civil court, and you may be liable for damages arising out of any injuries to the contractor or his or her employees. You may contact the Contractors State License board to find out of this contractor has a valid license. The board has complete information on the history of licensed contractors including any possible suspensions, revocations, judgements and citations. The board has offices throughout California. Please check the government pages of the white pages for the office nearest you or call (800) 321-CSLB for more information."