Omaha Drain LLC – Terms & Conditions

1) Site Conditions & Customer Responsibilities

Access & Neighboring Property. If our team must access neighboring property, Customer is responsible for obtaining permission and agrees to indemnify and hold us harmless from claims or damages arising from such access, except to the extent caused by our negligence or willful misconduct.

Protection of Property. Customer must secure and protect all personal property (e.g., furniture, fixtures, flooring, cabinetry, landscaping, pets, valuables). We are not liable for damage to unprotected property.

Utilities & Facilities. Customer will provide safe, lawful access to water, gas, electrical power, and a restroom for crew use unless otherwise stated in writing.

Parking & Access. Safe, legal parking must be available within 100 feet. We will not park in red zones, medians, or underground garages. Time lost due to access/parking issues may incur additional charges.

Authorization & Approvals. Customer represents they are the owner or duly authorized agent and have obtained all HOA or third-party approvals.

2) Scope, Pricing & Change Orders

Scope. Work is limited to the items listed in our written proposal or work order. Concealed conditions (behind finishes, underground, inside walls/ceilings/slabs) are excluded.

Upfront Price. Unless otherwise stated, work is billed at a fixed Upfront Price inclusive of standard labor, materials, and applicable taxes. Itemized breakdowns are not provided.

Change Orders. Additions, unforeseen repairs, inspector-required code upgrades, or deviations from the original scope must be authorized (signature, text, email, or portal approval) and will be billed at our then-current rates or a revised fixed price.

Price Validity. Proposals are valid for 30 days unless otherwise stated and may be withdrawn prior to acceptance.

3) Unforeseen or Concealed Conditions

Discovery. Customer is responsible for the cost of labor, materials, equipment, and delays required to address concealed/unforeseen conditions not visible during our initial inspection (e.g., corroded or non-code systems, broken/offset piping, structural surprises, hidden electrical/gas conflicts).

Hazardous Materials. We do not perform hazardous materials testing/removal (e.g., asbestos, lead, mold). If discovered, work pauses until Customer arranges and pays for certified remediation. Additional mobilization/delay costs may apply.

Exploratory Work. Exploratory openings, camera inspections, and line locating are best-effort and may not identify every defect/location.

4) Recommendations Declined

If Customer declines a recommended repair or upgrade, we are not responsible for failures or damages arising from the declined work.

5) Drain/Line Stoppages – Special Terms

Roof Vents. We do not clear lines through roof vents.

No Guarantee of Clearance. Drain cleaning/unclogging attempts are not guaranteed to clear every stoppage or prevent recurrence; some lines require repair/replacement.

Stuck Cable/Equipment. If a cable, nozzle, or tool becomes lodged due to defective/damaged piping, Customer is responsible for retrieval and repairs.

Sewage Spills. Any sewage spill (including hazardous) must be cleaned at Customer’s expense by a qualified remediation company.

Camera/Locating. Videos and locates are approximate; depth and path may vary due to conditions and interference.

6) Permits, Inspections & Code Compliance

Responsibility. Unless our proposal states otherwise, Customer is responsible for required permits, inspection fees, and taxes. We will provide reasonable access for inspectors; missed/failed inspections due to site inaccessibility may incur additional charges.

Code Upgrades. If inspectors require work beyond the original scope, such work will be priced and billed as a change order.

Legal Notices. Customer must promptly forward to us any legal or official notices related to the work.

7) Scheduling, Delays & Force Majeure

Windows. Arrival times are provided in windows and are estimates.

Delays. We are not liable for delays caused by supply chain, weather, utilities, inspectors, third parties, or other causes beyond our control.

Force Majeure. We are not responsible for failure or delay due to events beyond our reasonable control (acts of God, epidemics, labor disputes, governmental actions, etc.).

8) Limited Warranty

Coverage. We warrant workmanship and materials for one (1) year from completion unless otherwise stated in writing. Manufacturer warranties, if any, apply to covered products and supersede our warranty for those products.

Exclusions. This warranty does not cover misuse, abuse, negligence, acts of God, drain cleaning results or future stoppages, refrigerant leaks, Customer-supplied materials/equipment, pre-existing conditions, or ordinary wear and tear.

Claims. Report warranty claims within 24 hours of discovery. We respond during normal business hours (Mon–Fri, 8:30 a.m.–4:30 p.m. CST, excluding holidays).

Sole Remedy. Repair or replacement of defective work is Customer’s sole and exclusive remedy.

Limitations. We are not liable for incidental, consequential, special, exemplary, or punitive damages, loss of use, or delay damages.

9) Payment Terms

Deposits. For projects quoted over $5,000, a $500 non-refundable deposit secures materials, permits, and scheduling, except where prohibited by applicable cooling-off or consumer protection laws. If such laws apply, we will comply and limit retention to allowable actual costs.

Due Upon Completion. Unless otherwise stated, full payment is due immediately upon completion. We may suspend or cease work if payment is not made as scheduled.

Methods & Authorization. We accept cash, check, major cards, and ACH (subject to change). Customer authorizes us to charge any card/ACH provided for agreed amounts, approved change orders, and past-due balances.

Late/Finance Charges. Past-due balances may incur late fees and interest at 1.5% per month (18% APR) or the maximum permitted by law, plus reasonable collection costs and attorney fees. Returned payments may incur an NSF fee.

Chargebacks & Security Interest. Unauthorized chargebacks constitute breach. Until paid in full, we retain title to installed materials and a security interest to the fullest extent permitted by law.

10) Cancellation, Termination & Suspension

Customer Cancellation. Before work begins: lesser of $1,000 or 10% of contract value (subject to any cooling-off rights). After work begins: greater of 10% or value of work performed, plus materials, restocking, reasonable overhead, and profit.

Company Right to Terminate/Suspend. We may suspend/terminate for safety concerns, hazardous materials, concealed conditions requiring remediation, Customer breach (including nonpayment), or circumstances beyond our control. Customer is responsible for work and costs incurred to date.

11) Notice of Completion & Opportunity to Cure

Customer agrees to inspect work within 48 hours of completion and promptly notify us of any defects. We must be given the first opportunity to correct any claimed defects. Hiring another party before we can inspect/cure voids warranties as to the affected work.

12) Services Not Included

Unless expressly included in the written proposal, we do not provide: carpentry, drywall/paint/texture, stucco, tile, flooring, roofing, landscaping, or other trade work. Restoration of finishes and landscaping after plumbing work is Customer’s responsibility unless otherwise stated in writing.

13) Photos, Videos & Job Records

Customer authorizes photographic/video documentation of existing conditions and completed work for project records, safety, and warranty purposes. We will not publicly display personally identifying images of occupants without consent.

14) Lien Rights

We reserve all mechanic’s lien and related legal rights and remedies for unpaid work, materials, and permitted charges, in accordance with applicable law.

15) Disclaimers & Limitations of Liability

No Implied Guarantees. Except as expressly provided in Section 8, all warranties are disclaimed to the maximum extent permitted by law.

Limitation of Liability. To the fullest extent permitted by law, our total liability arising out of or related to the work shall not exceed the amount actually paid by Customer for the specific job giving rise to the claim.

Exclusion of Damages. We are not liable for incidental, consequential, special, exemplary, punitive, or indirect damages, including loss of use, delay, loss of profits, or substitute accommodations.

16) Dispute Resolution; Venue; Attorneys’ Fees

Good-Faith Resolution. The parties will first attempt to resolve disputes through good-faith discussion.

Mediation then Arbitration/Small Claims. If not resolved within 30 days, either party may demand mediation in Douglas County, Nebraska. If mediation fails, disputes shall be resolved by binding arbitration under AAA Consumer Rules in Douglas County, Nebraska, unless either party elects to proceed in small claims court for eligible matters. Jury trial and class actions are waived to the maximum extent permitted by law.

Governing Law & Venue. Nebraska law governs. For any permitted court action, state or federal courts in Douglas County, Nebraska have exclusive venue and jurisdiction.

Attorneys’ Fees. The prevailing party in any action or arbitration is entitled to reasonable attorneys’ fees and costs.

17) Consumer Cancellation Rights (Cooling-Off)

If the work qualifies as a home solicitation sale or similar under applicable law, you may have a statutory right to cancel within the prescribed period. We will comply with notice and refund requirements. If cancellation is exercised, we may retain or recover allowable actual costs (e.g., special-order materials, permit fees, mobilization) as permitted by law.

18) SMS/Texting Consent

With your express consent, we may send SMS for scheduling, updates, and service notices. Message/data rates may apply. Reply STOP to opt-out.

19) Miscellaneous

Entire Agreement. These Terms and the signed proposal/work order constitute the entire agreement and supersede prior discussions. Any modification must be in writing and signed/approved by both parties.

Severability. If any provision is unenforceable, the remainder remains in effect.

Assignment. Customer may not assign without our prior written consent. We may assign to affiliates or in connection with a merger, sale, or reorganization.

Waiver. Failure to enforce a provision is not a waiver of future enforcement.

Survival. Payment obligations, warranty terms, limitations of liability, dispute resolution, and attorneys’ fees provisions survive completion/termination.

20) Notices & Contact