Contract Terms for Pipeline Rehabilitation with Pipeliner Pros

Contract Terms: Effective January 1st, 2024

Upon signing your proposal document, known from this point forward as the “Client”, also agree in full to the terms & conditions within the language listed on this page and further agree that you have read through all terms & conditions in full.

Pipeliner Pros will provide pipe rehabilitation services for the scope of work, known from this point as the “Project,” listed within your Pipe Rehabilitation Proposal, known from this point as the “Proposal,” to thoroughly restore your pipelines to working order. The Project will include installation of cured-in-place pipe lining and/or epoxy coating products throughout your pipeline system based on the Project requirements.

ACCESS POINTS, RESTORATION, & RISKS

Pipeliner Pros will utilize the necessary equipment to facilitate the completion of the Project identified in the Proposal. This work may sometimes require additional access points to complete the Project; unless explicitly stated within your Proposal, Pipeliner Pros is not responsible for creating or restoring any required access points or fixtures to gain access to the pipeline, requiring pipe rehabilitation services. Under rare circumstances in pipelines near critical failure, the preparation process for pipe rehabilitation can cause additional damage that may result in the need for immediate correction action up to and including immediate pipeline repair. Should there be an unexpected failure, Pipeliner Pros is not responsible for any costs associated with repairs, and a complete estimate will be provided in writing to you, the Client, for your consideration and approval.

STAND BY RATE

Unless explicitly stated within your Proposal, should Pipeliner Pros be held up or restricted once on-site due to circumstances outside of our control resulting from Client conflicts, such as operational, scheduling, staffing, security, safety issues, or weather conditions that prohibit our operations in which the Client has asked us to remain on-site, Pipeliner Pros reserves the right to charge an additional stand-by rate in additional to the original Proposal pricing at a rate of $1,875 per hour, which will be billed at the time of final invoice.

CANCELLATION OR SCHEDULE MODIFICATIONS

Once the Project has been scheduled and the Client has been informed and agrees to the dates, Pipeliner Pros reserves the right to charge a cancellation or rescheduling fee if the Client requests changes to the scheduled dates within seventy-two hours (72) of the beginning of the Project. The rescheduling or cancellation fee will equal fifty percent (50%) of the total executed Proposal amount. 

EXCLUSIONS TO PROJECT SCOPE

Pipe Rehabilitation is limited exclusively to the line segments listed in the Proposal. Due to the small diameter pipelines and excessive bends, Pipeliner Pros does not perform rehabilitation on waste arms for sinks (above slab), p-traps for tubs/showers (under slab), or laundry drain traps (above slab). These areas can cause slow drainage and may need to be cleaned or replaced separately from the agreed Proposal. 

Unless expressly stated in the Proposal, the following exclusions shall apply:  Any repairs or replacements to waste arms and/or p-traps connections to plumbing fixtures such as sinks, tubs/showers, and laundry. Landscape Restoration (including but not limited to pavers, sod, plants, trees, landscape curbing, etc.) Cosmetic Restoration (including but not limited to drywall, flooring, painting, trim, molding, cabinets, etc.) is not the responsibility of Pipeliner Pros.

​CHANGE ORDERS

Due to the variables and unknown nature of in-wall or underground conditions related to any pipe rehabilitation/repair project, unforeseen circumstances can occur. Any items not explicitly included within the signed Proposal shall not be the responsibility of Pipeliner Pros. Pipeliner Pros expressly disclaims any responsibility or liability for any such unforeseen circumstances. Any alteration or deviation from the Project described in the Proposal involving extra costs will be executed by Pipeliner Pros only upon written change orders and will become an extra charge over and above the original Proposal.

Additionally, the original Proposal was based on executing the entire scope of work. Once on-site, if the Client chooses to reduce the scope of work due to a change in site conditions, Pipeliner Pros reserves the right to charge the amount of the original Proposal in full or a minimum of $15,000 per on-site workday related to the Project’s reduced scope.

SPECIALIZED SAFETY OR SECURITY COMPLIANCE

Pipeliner Pros completes work across numerous industry sectors, sometimes requiring unique or industry-specific safety or security compliance. Unless explicitly stated within the Proposal, any extra safety or security compliance required by the Client for this specific Project is the Client's full responsibility to meet any compliance standards at the facility where the Project is to be completed. Pipeliner Pros will not be responsible for any added costs or project extensions related to specialized safety and/or security compliance. It is the Client’s responsibility to inform, communicate, and provide a detailed action plan related to any project-specific safety or security compliance before the execution of the Proposal. If there is a change to these requirements after the execution of the Proposal, Pipeliner Pros will provide a written estimate for these changes to the Client for approval for a Proposal change order.

PAYMENT

Unless explicitly stated in your Proposal document, payment is due in full upon project completion. Payment methods accepted, including ACH, Bank Wire, and Credit Card. For completed Projects not paid within 30 days of completion, the Client will be subject to an ongoing late fee of 1.5% per month for any unpaid balance. For Projects longer than one calendar month, Pipeliner Pros will issue a progressive billing invoice at the end of each month we remain on the Project. Payment for each progressive invoice is due upon receipt in full each month.

Pipeliner Pros reserves the right to file a lien against the Client property where the work is being performed at any time from the commencement of the project until (90) days after substantial completion.

PERMITS

Pipeliner Pros works in compliance with government requirements. If applicable, a permit will be obtained from the governing agency before our Project is initiated. 

FINAL COMPLETION

Pipeliner Pros will provide notification of Project completion. At that time, a single, final walkthrough with Pipeliner Pros will be issued, and a punch list will be issued for any repairs or corrections necessary to complete the Project in accordance with this Proposal. Any items identified within the punch list that consist of additional work or work beyond the scope of this Proposal shall be treated as a change order. 

CLIENT OBLIGATIONS

The Client shall provide a safe and secure working environment and continuous access to the work-site location for the duration of the Project until completion. The Client agrees to execute and facilitate any and all documents necessary for Pipeliner Pros to receive payment promptly without demand by Pipeliner Pros. 

PIPELINER PROS OBLIGATIONS

Pipeliner Pros shall provide a professional atmosphere in compliance with all local, state, and federal government requirements and all materials needed to perform and complete the Project.

DEFAULT

The Client shall be in default upon any of the following occurrences: (a) failure to provide access to the Project location or materially interferes with Pipeliner Pros performance; (b) failure to make timely payment; or (c) otherwise violates a material provision of these Terms & Conditions. Upon a default, after providing seven (7) days’ written notice and opportunity to cure, Pipeliner Pros may terminate the Project and/or pursue all applicable legal or equitable remedies. 

ACT OF GOD

Pipeliner Pros shall not be liable for any delay, damage, whether actual or consequential, or claim arising out of or relating to Acts of God, accidents, civil disturbances, delays in obtaining materials, fires, hurricanes, and other weather conditions, strikes, war, pandemic or epidemic, or other causes beyond Pipeliner Pros reasonable control.

LIEN RIGHTS

It is mutually agreed that Pipeliner Pros shall retain all rights conferred upon by the lien status of any State, Federal, or Territorial Government. If Pipeliner Pros is not paid as and when required, any and all warranties shall be void. 

CHOICE OF SCOPE OF WORK

Pipeliner Pros advises the client to choose the most appropriate condition assessment program. If the Client chooses a lesser plan, it is against Pipeliner Pros' advice. As a result of this choice, the Client holds harmless and indemnifies Pipeliner Pros for any failure, defect, or other damages in the drainage system that arise after Pipeliner Pros performs the Project.

COMPLETE AGREEMENT

This constitutes the complete understanding between the parties, and all prior representations, negotiations, or agreements have been merged into these Terms & Conditions.

APPLICABLE LAW AND VENUE

The provisions of these Terms & Conditions are in accordance with the laws of the State of Florida, and the exclusive venue for any action brought to enforce shall be Lake County, Florida. As a condition precedent to bringing legal action, including filing a lawsuit, the aggrieved Party must first make a formal written demand for pre-lawsuit mediation to be conducted in Lake County, Florida. If, upon receipt of a formal written demand, the non-aggrieved Party declines the opportunity to participate in pre-lawsuit mediation or the mediation results in an impasse, the aggrieved Party may take further legal action, including filing a lawsuit. Failure to comply with this pre-lawsuit mediation requirement shall serve as an absolute bar to all legal claims.

ATTORNEY'S FEES AND COSTS

In the event it is necessary to collect any amount of money owed hereunder by referral to an attorney, collection agency, or court proceeding, it is agreed that the non-prevailing party shall pay the substantially prevailing party in such matter for its reasonable attorneys’ fees, expert fees, and all costs incurred in connection therewith at any level.

SEVERABILITY

If any provision of these Terms & Conditions is deemed invalid or unenforceable against any person or party, the remainder of the Terms & Conditions and the applicability of such provision to other persons or parties shall not be affected thereby. Each provision of these Terms & Conditions shall, except as otherwise provided, be valid and enforceable to the fullest extent permitted by law.

ASSIGNMENT

This Project may not be assigned without the written consent of Pipeliner Pros. In its sole discretion, Pipeliner Pros reserves the right to assign this Project to any other entity that is an affiliate of Pipeliner Pros, or that is majority-owned by the same ownership team as Pipeliner Pros.

NOTICES

Any notice required or permitted to be delivered shall be personally delivered or mailed via first-class mail to the parties to:

Pipeliner Pros

3401 N Miami Avenue, Suite 230

Miami, FL 33127

IN WITNESS WHEREOF and by signing the Proposal, the Client agrees that the terms and conditions above have been reviewed and accepted by both parties and that these terms govern the relationship between the Client and Pipeliner Pros. The Client shall have seventy-two (72) hours to rescind their signature on the Proposal and that after the Rescission Period, this will be binding upon the Client.