TERMS & CONDITIONS

This proposal, estimate and/or contract, including the specifications contained therein, shall not be altered or modified except by written agreement signed by both o5 Plumbing, LLC (“o5 Plumbing”) and its customer and verbal understandings or agreements with representatives of either party shall not be binding unless reduced to writing approved by both parties. No electrical or engineering services are included within this proposal, estimate or contract unless specifically stated therein.

Payment Terms: All invoices are due and payable in Bexar County 13423 Blanco Rd # 543, San Antonio, Tx 78216. Invoice payment is due upon completion of work or work phase (whichever is applicable). Any payment not received within 10 days from completion of work or work phase is subject to interest fees of 2.5% daily until paid in full. These fees are non-negotiable to customers that do not have a written agreement with o5 Plumbing, LLC. Accounts aging over 60 days past due will be turned over to collections in according to our collections policy stated below. If Customer’s check does not clear bank, Customer will be liable for the full-face value of the check, bank fees incurred by o5 Plumbing, LLC, and court costs, if applicable.

Warranty Terms: o5 Plumbing warrants that our services are free from defects in workmanship for a period of (1) year from the date of installation unless specifically started therein. Specifically excluded are clogged drains or material failure due to high pressure, aggressive or hard water conditions. All materials are warranted by the manufacturer. O5 Plumbing’s workmanship warranty does not cover customer provided material. There are no warranties, either express or implied, except the limited warranty for labor and material specified herein. Customers shall look solely to the manufacturer’s warranties, if any, with respect to any defect in parts or materials. O5 Plumbing herby assigns to customer any rights or interest that it may have with respect to such manufacturer’s warranties, if any. Disclosure of any manufacturer’s warranty shall be provided to customer free of charge upon request.

This contract is subject to Chapter 27 of the Texas Property Code. The provisions of the chapter may affect your right to recover damages arising from a construction defect. If you have a complaint concerning a construction defect and that defect has not been corrected as may be required by law or by contract, you must provide the notice required by Chapter 27 of the Texas Property Code to the contractor by certified mail, return receipt requested, not later than 60^th day before the date you file suit to recover damages in a court of law or initiate arbitration. The notice must refer to Chapter 27 of the Texas Property Code and must describe the construction defect. If requested by the contractor, you must provide the contractor an opportunity to inspect and cure the defect as provided for by Section 27.004 of the Texas Property Code.

Dispute Resolution:

1)Collection Action: If customer fails to pay o5 Plumbing under the terms of this agreement, customer agrees that it will pay all legal fees, cost and expenses incurred by o5 Plumbing in bringing any collections action. Venue for any collection matter or dispute arising between o5 Plumbing and customer shall be exclusively in Bexar County Texas. This agreement shall be governed by the laws of the State of Texas.

2) Federal Arbitration Act: Customer and o5 Plumbing agree to negotiate with each other in good faith and to use their best efforts to reach a fair and equitable resolution or settlement if any disputes arise under this agreement or any other matter related to thereto. Other than o5 Plumbing’s right to bring an action to collection, should negotiations fail with respect to any and all other disputes or claims arising out of or relating to this agreement, contract or invoice, an alleged breach of this agreement or contract, or the terms of the Warranty issued by o5 Plumbing, including but not limited to, claims based on contract, tort, or statute, the dispute shall be submitted to binding arbitration under the Federal Arbitration Act. The parties will attempt to agree on an arbitrator; however, if such agreement cannot be reached, the dispute shall be submitted to the American Arbitration Association. Any fee for initiating arbitration must be paid by the party initiating arbitration. Thereafter, the parties shall share the fees and expenses of the arbitration proceeding equally. Each party shall pay its own negotiation, mediation or arbitration expenses as those expenses are assessed through the proceeding. Customer herby waives its right to trial by jury.

No Punitive Damages: The arbitrator is not empowered to award punitive damages. The parties expressly waive any claim to punitive damages with respect to any disputes. The prevailing party in arbitration shall recover all legal fees and costs incurred in connection therewith. The arbitrator shall not enter any award for any claim or for any damages which are not recognized under Texas law.

Limitation of Liability: Customer and o5 Plumbing agree if o5 Plumbing is found liable to customer under any arbitration proceeding commenced under agreement in no event shall any award to customer be in excess of the contracted price of work performed under this agreement and a change orders.

Regulated by the Texas State Board of Plumbing Examiners P.O. Box 4200, Austin, TX 78765 1-800-845-6584