Bonfe Invoice Terms & Conditions
RESPONSIBILITIES OF CUSTOMER: Customer represents that, except as described in the request for service, all plumbing, heating, air conditioning, electrical, and drain systems are in good repair and condition and agrees to hold Seller harmless for the discovery of defective conditions, including but not limited to the following: 1. Improper or faulty plumbing 2. Lines that are settled or broken 3. Improperly charged systems 4. Improper or faulty electrical 5. Rusted or defective pipes 6. Existing illegal conditions 7. Faulty air movement 8. Improper voltage by power 9. Acids in the drain system 10. Defective roofing 11. Electrical defects. Homeowner agrees to receive text messages from Seller.
RESPONSIBILITIES OF SELLER: Seller shall do all work in a competent, workmanlike manner. Seller is not responsible for any existing illegal conditions. LIMITED WARRANTY: Warranty work is only performed during normal business hours (weekdays 8AM to 4:30 PM excluding holidays). Warranty does not cover broken or abused plumbing (abuse may include but is not limited to, any of the following in the waste lines – debris from overloading garbage disposal, foreign objects, feminine hygiene products, wipes, heavy paper products, grease, oil and excessive food particles),the cost of work performed by another company, direct or indirect damages caused by a backup, overtime cost, extra parts, additional labor or any other damages. A service call will be charged if it is determined that work is not covered under warranty. Seller warrants all recommended repairs and replacements to be free from defects in material and workmanship for as long as Customer lives in the home unless otherwise stated in writing on the face hereof. Any non-recommended, immediate repairs will carry a 90-day parts and labor warranty (excluding repairs made on a maintenance visit). Notwithstanding anything contrary stated herein, all branch line stoppages are warranted for a period of thirty (30) days from the completion unless otherwise stated in writing on the face hereof. Notwithstanding anything contrary stated herein, all main line stoppages are warranted for a period of up to thirty (30) days (up to one stoppage) unless otherwise stated in writing on the face hereof. All warranties are void if payment is not made when due. Warranties extend only to the customer and are not transferable. If a defect in materials or workmanship covered by this warranty occurs, Seller will, with reasonable promptness during normal working hours, remedy the defect. Seller disclaims any liability for incidental or consequential damages, including lost or duplicated time or expense, accruing for any reason to Customer, whether such claim is made in contract or in tort or under any warranty or in negligence, indemnity or otherwise, even if Bonfe has been advised of the possibility of such damages. To obtain warranty performance, notify Seller of any defect or claim for breach at the telephone number on the face hereof.
EXCLUSIONS and LIMITATIONS: CUSTOMER’S RIGHT TO REPAIR AND REPLACEMENT ARE CUSTOMER EXCLUSIVE REMEDIES. SELLER SHALL NOT BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
Seller is not responsible for the following which are excluded from the coverage of this limited warranty: 1. Defective conditions listed under the above “Responsibilities of Customer.” 2. Work performed by or materials installed by others not in this agreement. 3. Defects and failures from mistreatment or neglect or otherwise not caused by defect in Seller’s materials or workmanship. 4. Mold development or mold detection of any kind. “THE LIMITED WARRANTY STATED ABOVE IS THE ONLY WARRANTY SELLER MAKES. SELLER MAKES NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE FOR GOODS SOLD, OR ANY OTHER WARRANTY, EXPRESS OR IMPLIED.”
PROTECTION OF CUSTOMER’S PROPERTY: Customer agrees to remove or protect any personal property, inside and out, including but not limited to carpets, rugs, shrubs and planting, and Seller shall not be responsible for said items. Nor shall Seller be held responsible for the natural consequences of Seller’s work which may cause damage to improvements to real property including, but not limited to, curbs, sidewalks, walks, driveways, garages, patios, lawns, shrubs, sprinkler systems, wallpaper, drywall, stucco, tile, cabinets and other appurtenances to the residence or real property. Seller shall not be held responsible for damage to personal property, real property or any improvements to real property caused by persons delivering materials or equipment, or keeping gates and doors closed for children and animals.
ENTIRE AGREEMENT: This is the entire agreement. The parties are not bound by any oral expression or representation by any agent purporting to act on their behalf, or by any commitment, or arrangement herein. The agreement binds jointly and severally all signing as Customer, their heirs, representations, successors and assigns. Seller will not provide an itemized breakdown of materials and labor.
WARRANTIES, AND LIMITATIONS OF WARRANTIES: No warranty, expressed or implied, is provided for any existing systems or appliances. Any alterations, additions or repairs made by others unless authorized or agreed upon by Seller, will be cause to terminate Seller’s obligation under this contract.
PEACE OF MIND PLAN Terms and Conditions
MONTHLY PAYMENT: Homeowner will pay monthly with automatic credit card or bank account debits. The minimum initial term is 12 months. Coverage will automatically continue after the initial twelve-month term unless cancelled in writing by either Homeowner or Company. All coverage and additional benefits will be suspended if Homeowner account becomes delinquent. Coverage and benefits will resume once Homeowner brings account current. Following the initial twelve-month term, Company may increase Agreement Fees with 30 day notice.
SERVICE Company guarantees a response time of 24 Hours on Emergency† service 24 hours daily, and 7 days weekly, including holidays.
PLANNED MAINTENANCE During the initial term of this Agreement and each subsequent 12=month term, Company will attempt to schedule heating and cooling planned maintenance with Homeowner. It is the responsibility of Homeowner to contact Company to schedule planned maintenance visits. Maintenance under the Agreement will be performed during normal working hours (Monday through Saturday 8 a.m. to 4 p.m.) and scheduled at the Company’s discretion, before and after peak heating and cooling season. Company will only perform this maintenance on working systems; the repair of non-working systems is subject to applicable fees. Satisfies annual manufacturer’s warranty requirements. Salt deliveries will be made twice a year and filter deliveries will be made once per year. Dates of delivery are determined by Company.
SERVICE CALL FEES Service calls for different trades cannot be combined into one call. Under the Bonfe Basics ® plan, Homeowner will receive a discount of 15% for repairs in addition to a service call fee of $89 for repairs during regular business hours and $189 for repairs after regular business hours. Additional fees may apply for non-covered and non-emergency repairs after regular business hours. Service call fees are to be paid at the time of each repair.
TERMINATION AND CANCELLATION The initial term of this Agreement is 12 months. Cancellation by Homeowner prior to the end of the contract may be subject to additional fees. Following the initial 12-month term this Agreement may be cancelled by Homeowner or Company with 30 days written notice. This Agreement may be cancelled by Company: 1) for Owner’s failure to pay Agreement or Service Call Fees when due; 2) in the event of fraud or material misrepresentation by Homeowner of any fact or circumstances relating to, electrical, plumbing, or mechanical systems, and related damage, covered by this Agreement; 3) in the event the covered property is determined to be unsafe and conditions are not corrected within 30 days of notification in writing by Company. Company may cancel this agreement at any time at its discretion.
ENTIRE AGREEMENT This Agreement and the information on the Agreement Registration constitute the entire agreement between the parties. No oral representation applies. This Service Agreement is not effective until the date of execution of a Monthly Payment Plan. MINNESOTA CONSTRUCTION LIEN LAW “AS REQUIRED BY THE MINNESOTA CONSTRUCTION LIEN LAW, BUILDER HEREBY NOTIFIES OWNER THAT PERSON OR COMPANIES FURNISHING LABOR OR MATERIALS FOR THE CONSTRUCTION OF OWNER’S LAND MAY HAVE LIEN RIGHTS ON OWNER’S LAND AND BUILDING IF NOT PAID. THOSE ENTITLED TO LIEN RIGHTS, IN ADDITION TO THE UNDERSIGNED BUILDER, ARE THOSE WHO CONTRACT DIRECTLY WITH THE OWNER OR THOSE WHO GIVE THE OWNER NOTICE WITHIN SIXTY (60) DAYS AFTER THEY FIRST FURNISH LABOR OR MATERIALS FOR THE CONSTRUCTION. ACCORDINGLY, OWNER PROBABLY WILL RECEIVE NOTICES FROM THOSE WHO FURNISH LABOR OR MATERIALS FOR THE CONSTRUCTION AND SHOULD GIVE A COPY OF EACH NOTICE RECEIVED TO HIS MORTGAGE LENDER, IF ANY, TO SEE THAT ALL POTENTIAL LIEN CLAIMANTS ARE DULY PAID”. “ANY PERSON OR COMPANY DIRECTLY SUPPLYING LABOR OR MATERIALS FOR THIS IMPROVEMENT TO YOUR PROPERTY MAY FILE A LIEN AGAINST YOUR PROPERTY IF THAT PERSON OR COMPANY IS NOT PAID FOR THE CONTRIBUTIONS. UNDER MINNESOTA LAW, YOU HAVE THE RIGHT TO PAY PERSONS WHO SUPPLIED LABOR OR MATERIALS FOR THIS IMPROVEMENT DIRECTLY AND DEDUCT THIS AMOUNT FROM OUR CONTRACT PRICE OR WITHHOLD THE AMOUNTS DUE FROM US UNTIL 120 DAYS AFTER COMPLETION OF THE IMPROVEMENT UNLESS WE GIVE YOU A LIEN WAIVER SIGNED BY PERSONS WHO SUPPLIED ANY LABOR OR MATERIAL FOR THE IMPROVEMENT AND WHO GAVE YOU TIMELY NOTICE.”
FOR DRAIN CLEARING: “Customer is financially responsible for the removal of any cable or equipment that becomes stuck in the line. Customer will be required to pay for the time required to remove the cable. Customer will also be financially responsible for the repair or replacement of any line that is damaged during the course of drain line clearing or cleaning. Company is not responsible for damage to the premises caused by the removal of a clean out, drain cover, or cap which is removed for the process of servicing the lines. If it is found that the clean out, drain cover, or cap is rusted or fastened as to necessitate its replacement after removal, Company shall notify the customer. If the CUSTOMER authorizes its replacement, a replacement shall be made at an additional charge for the replacement of the clean out, drain cover, or cap and the labor for the installation.” Customer Signature: I authorize the above work to be completed and I agree to pay the above total.
