Terms & Conditions

PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, INCLUDING LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU.

These terms and conditions apply to the purchase and sale of products and services through J. Griffin Heating & Plumbing, Inc. (referred to as the “App”).

By placing an order for such products and services, you agree to be bound by and accept these terms and conditions. If you do not agree to these terms and conditions, you should not obtain products or services from this site. These terms and conditions are subject to change by J. Griffin Heating & Plumbing, Inc. (referred to as “us” or “we”) without prior written notice at any time, in our sole discretion. The latest version of the terms and conditions will be posted on this site, and you should review these terms and conditions prior to purchasing any product and services that are available through this site. These terms and conditions are an integral part of the App Terms of Use that apply generally to the use of our site.

ALL UNACCEPTED PROPOSALS AND ESTIMATES EXPIRE 15 DAYS AFTER INITIAL SENT DATE All invoices due within 30 days of work completed date unless otherwise discussed with office.

1. Payment Terms

Unless there is an express written agreement between us specifying different payment terms, our invoices will be due 30 days after the date of Invoice. Invoices that are more than 30 days past due will bear a $100 late fee and then incur interest from the due date until paid at the lesser of 18% per annum or the highest rate permitted by applicable law. In the event that we are forced to initiate collection proceedings for amounts due to us, you agree that you will be liable for all collection and other costs incurred by us including, but not limited to, reasonable attorneys’ fees whether or not litigation is commenced. All business account payments must be received within 30 days (or such other time period as we may mutually agree in writing). There is no grace period, and your business account will be automatically placed on hold if payment is not received within the period provided by these terms and conditions. Please ensure that payments are processed and mailed in time to meet our requirements. We are not responsible for any losses or damages that you may incur due to suspension or termination of your business account. All payments should be made payable to: J. Griffin Heating & Plumbing, Inc. All payments should be sent to the following address: 50 Main Street, North Reading, MA 01864

2. Advertising Disclaimer and Trademarks

In the event a product or service is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for products or services listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, we will immediately issue a credit to your credit card account in the amount of the charge. All trademarks and registered trademarks relating to products and services available through our App are the sole property of their respective owners. Photographs courtesy of the respective manufacturers.

3. Warranty Policy

All parts and services through J Griffin Heating and Plumbing Inc are warrantied from date of service for 1 calendar year. All manufacturers extended warranties are handled by manufacturers Questions regarding our warranty policies should be addressed via e-mail to jgriffinheatingandplumbing@gmail.com or by regular mail to J. Griffin Heating & Plumbing, Inc., 50 Main Street, North Reading, MA 01864 Attention: Customer Service or call 781-520-1212 for warranty policy

4. Service and Support

Should you have any other questions or concerns, you should contact us by e-mail at jgriffinheatingandplumbing@gmail.com or by mail at J. Griffin Heating & Plumbing, Inc., 50 Main Street, North Reading, MA 01864 Attention: Customer Service. We will do our best to help you; however, we cannot guarantee that every problem will be resolved to your satisfaction. Except as explicitly noted on this site, the services available through this App are offered by J. Griffin Heating & Plumbing, Inc., 50 Main Street, North Reading, MA 01864 Attention: Customer Service. Our telephone number is 978/ 520-1212. 5. Change of Terms and Conditions You acknowledge and agree that we may change any term or part of these terms and conditions by sending you a written notice at least 10 days before the change is to become effective. If you do not agree to this change, you must notify us within 5 days after the effective date of the change, in which case your account will be closed and you must pay us any outstanding invoices under the existing terms of the unchanged terms and conditions for business accounts. Placement of a new business account order after the effective date of the change shall be deemed acceptance of the new terms and conditions, even if the aforementioned 10 days have not yet expired.

5. Entire Agreement

These terms and conditions constitute the entire agreement and understanding between us concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. These terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with App is in conflict or inconsistent with these terms and conditions, these terms and conditions shall take precedence.

6. Governing Law

Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue of the courts of the Commonwealth of Massachusetts, Middlesex County, with respect to such matters.

7. Estimates and Proposals expire 15 days after date sent to customer

SERVICE PLAN AGREEMENT

TERMS AND CONDITIONS

These terms and conditions apply to the Service Plan Agreement selected. The words “J. Griffin”, “we,” “us,” and “our” refer to J. Griffin Plumbing and Heating, Inc. The words “Customer”, “you” and “your” refer to you, the service plan customer identified in the Service Plan Agreement and on your monthly bill. Coverage under the Service Plan Agreement begins on the coverage Start Date as indicated in your Service Plan Agreement and will end on the End Date as indicated in your Service Plan Agreement. When coverage begins, equipment must be in good working condition and meet code requirements. The Service Plan Agreement will renew automatically each year after the End Date, for the annual fee in effect at the time of renewal, unless either party provides notice of non-renewal no later than 45 days prior to the End Date. J. Griffin is not obligated to renew the Service Plan Agreement at any time. We reserve the right to inspect and approve any equipment or systems subject to the Service Plan Agreement. We may waive this inspection if the equipment is currently under manufacturer’s warranty or if this plan is a renewal or continuation of an existing plan between us and the Customer. Payment Obligation/Prepayment/Late Payments: Service Plans are available for an annual fee. Payment of the annual fee over 12 months is available for customer convenience only. Customer is solely responsible for making all payments required under the Service Plan Agreement on the Payment Due Date provided therein. J. Griffin may offer an auto-payment process for payments. To take advantage of any auto-payment program offered by J. Griffin, Customer must provide J. Griffin with valid and updated credit card information or ACH debit information. Where a credit card or ACH debit information has been provided, Customer authorizes J. Griffin to charge Customer’s credit card or debit or withdraw from Customer’s bank account, the monthly payment amounts due under the Service Plan Agreement, on the Payment Due Date or the next business day. If any automatic payment is denied or rejected, then Customer is still required to make the monthly payment and will be charged any late fees, bank charges or other expenses incurred by J. Griffin due to the rejection or denial of payment. Customer is responsible for maintaining accurate credit card or bank account information on file with J. Griffin. Customer’s authorization to charge the credit cards or withdraw funds from bank accounts may be revoked by giving us written notice at least ten (10) days prior to the next Payment Due Date. If Customer does not elect to make payments by credit card or ACH debit, J. Griffin shall invoice Customer accordingly and in advance, and Customer agrees to make payments on or before the Payment Due Date. If Customer does not make payment when due, we will charge interest on the overdue amount at the rate of 1.5% per month. We reserve the right to deny service under the Service Plan Agreement if your account is 90 days past due and to require payment of all past due amounts prior to providing any further services. For billing inquiries, call 781-520-1212 between 8:00 a.m. and 4:00 p.m. EST, Monday through Friday. The Service Plan Agreement is not a warranty or an insurance policy or contract for insurance. All non-emergency service calls and inspections to be completed pursuant to the Service Plan Agreement will be performed during our regular working hours (8:00 a.m. to 4:00 p.m. EST Monday through Friday). Every attempt will be made to initiate non-emergency service within 48 hours of the time you contact us for service.Customer will provide our service providers with safe access to and safe working conditions at and around covered equipment or systems. Our ability to provide emergency service under the Service Plan Agreement is contingent upon weather conditions, customer call volume, road conditions and no force majeure events beyond our control including but not limited to flood, fire, strike, acts of God, etc. In the event we determine, at our sole discretion, that there is an emergency situation requiring expedited service, we will make reasonable efforts to expedite service. We will determine, at our sole discretion, which repairs constitute an emergency and will give consideration to covered malfunctions that affect the habitability of the dwelling. We reserve the right to charge a $599.00 fee for each non-emergency service call performed outside of our regular working hours. If an additional service technician must be called for assistance on a service call, the customer may be charged for the additional labor. The decision to repair or replace defective parts and the selection of replacement parts shall be made by exclusively J. Griffin. Termination: You may terminate the Service Plan Agreement at any time with written notification to us. We will issue you a pro rata refund, if applicable, for amounts you paid for the remaining months of the Service Plan Agreement term. However, and notwithstanding your right to terminate the Service Plan Agreement, if you choose to terminate the Agreement, then any service performed under the Plan within the 90 days preceding the date of termination, will be charged back to your account on a labor and material basis in accordance with J. Griffin’s then-effective service rates and pricing. We may upon 30 days’ prior written notice cancel the Service Plan Agreement for fraud, material misrepresentation, or non-payment by you. If J. Griffin cancels the Service Plan Agreement in accordance with the preceding sentence, it will issue you a pro rata refund reflecting any amounts you paid for the remaining months of the Service Plan Agreement term. The Service Plan Agreement does not cover [list here what you want to exclude like air filters, etc…]. Service made necessary as a result of fire, theft, flood, acts of God, accidental damage, abuse, neglect, vandalism, unauthorized alterations or any other abnormal conditions is not covered. As part of the Service Plan Agreement, J. Griffin is not required to identify, evaluate, detect, encapsulate, remediate or remove mold, mildew, hazardous waste, asbestos or products or materials containing asbestos, or any other potentially hazardous substances or materials (collectively “Hazard”). Customer has sole responsibility and liability for the proper identification, remediation, removal, disposal or correction of any Hazard on Customer’s property, regardless of when and how such Hazard may have occurred or accrued. The Service Plan Agreement does not include service or equipment for the clean-up of any mold, mildew, asbestos or asbestos containing products, oil or coolant spills or leaks, or spills or leaks of any other fluids or materials. J. Griffin shall not be liable for any consequential or other damages resulting from the failure of the system or any part thereof. In no event shall J. Griffin have any liability for any damages relating to alleged mold remediation, leakage/spillage of coolants, fuels (propane or natural gas) from any tanks, pipes, or any part of the system and/or equipment, or any, consequential, special, incidental damages or exemplary damages. Customer agrees to indemnify, defend and hold harmless J. Griffin and its employees, stockholders, officers, directors, and affiliates to the fullest extent permitted by law with respect to any claims, liability, cost or expense (including but not limited to attorneys’ fees) of whatever nature incurred as a result of any Hazard on or relating to customer’s premises. Customer agrees further to indemnify, defend and hold harmless J. Griffin and its officers, directors, employees, stockholders, agents, representatives, successors and assigns from and against any and all losses, claims, costs, demands, damages, deficiencies, actions, judgments, settlements, interest, awards, penalties, fines, liabilities or expenses of whatever kind, including, but not limited to, reasonable attorneys’ fees and costs arising from: (i) Customer’s use of the Products and/or Services, (ii) a breach or non-fulfillment of any provision of this Agreement by Customer or Customer’s agents, and (iii) any failure by Customer or Customer’s agents to comply with any applicable federal, state or local laws, regulations or codes applicable to Customer’s obligations under this Agreement or use of the Products and/or Services. J. Griffin shall use reasonable efforts consistent with prevailing industry standards to perform its services in a professional and workmanlike manner. EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE PRODUCTS AND SERVICES ARE PROVIDED “AS IS” AND J. GRIFFIN DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. J. GRIFFIN MAKES NO WARRANTIES, GUARANTEES, OR REPRESENTATIONS, EXPRESSED OR IMPLIED, AND DISCLAIMS ANY WARRANTY IMPLIED BY LAW, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, CUSTOM OR USAGE. Limitation of Liability. NOTWITHSTANDING ANY OTHER TERM HEREIN TO THE CONTRARY AND UNLESS OTHERWISE EXPRESSLY STATED HEREIN, TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL J. GRIFFIN, ITS EMPLOYEES, OFFICERS, DIRECTORS, STOCKHOLDERS, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, CONSULTANTS OR SUPPLIERS BE LIABLE TO CUSTOMER OR ANY OTHER THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, OR STATUTORY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE DELIVERY, PERFORMANCE OR USE OF THE PRODUCTS OR SERVICES PROVIDED PURSUANT TO THE SERVICE PLAN AGREEMENT, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCE AND STRICT LIABILITY, INCLUDING WITHOUT LIMITATION DAMAGE TO PROPERTY, LOSS OF PROPERTY VALUE, BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF USE OR DATA, DAMAGE TO SYSTEMS OR EQUIPMENT, COST OF COVER, OR OTHER PECUNIARY LOSS, EVEN IF J. GRIFFIN OR CUSTOMER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. J. GRIFFIN’S CUMULATIVE LIABILITY TO CUSTOMER SHALL NOT EXCEED THE AMOUNT OF FEES PAID UNDER THIS AGREEMENT IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THE FOREGOING ALLOCATION OF RISK AND LIMITATION OF LIABILITY HAS BEEN NEGOTIATED BY THE PARTIES AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN J. GRIFFIN AND CUSTOMER. Default; Default Remedies: You shall be in default if you fail to make any payment due under the Service Plan Agreement. We may suspend service under the Service Plan Agreement until any amount due under this Service Plan Agreement is fully paid. DISPUTE RESOLUTION: Except for: (i) the right of either Party to apply to a court of competent jurisdiction for a temporary restraining order, a preliminary injunction, or other equitable relief to preserve the status quo or to prevent irreparable harm; or (ii) the right of J. Griffin to enforce its right to collect amounts due under the Service Plan Agreement, any claim or controversy arising out of or relating in any way to the Service Plan Agreement or these Terms and Conditions, or to a breach of the Service Plan Agreement or these Terms and Conditions, shall be finally, and exclusively, settled by binding arbitration in Middlesex County, Massachusetts. The arbitration shall be held before one arbitrator under the Consumer Arbitration Rules of the American Arbitration Association (“AAA”) in force at that time. The arbitrator shall be selected pursuant to the AAA rules. The arbitrator shall apply the substantive law of the Commonwealth of Massachusetts, except that the interpretation and enforcement of this arbitration provision shall be governed by the Federal Arbitration Act. The prevailing Party shall be entitled to receive from the other Party all attorneys’ fees and costs incurred. Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in Massachusetts. Prior to filing a demand for arbitration, Customer must first give J. Griffin an opportunity to resolve Customer’s claim by sending a written description of Customer’s claim (“Notice of Dispute”) to Jgriffinheatingandplumbing@gmail.com. The Notice of Dispute must contain enough information for J. Griffin to identify Customer’s account and attempt to resolve Customer’s claim, including (a) Customer’s name and contact information; (b) account number; (c) a written description of the problem, relevant documents and supporting information; and (d) a good faith calculation of the damages Customer claims to have suffered and a statement of the specific relief Customer is seeking. Customer may be represented by an attorney or other person in that process. The Parties agree to negotiate any claim(s) between them in good faith. If the Parties are unable to resolve the dispute within 30 days, the Parties agree to submit the dispute to arbitration, in accordance these Terms and Conditions. THE PARTIES AGREE THAT ANY AND ALL CLAIMS OR DISPUTES THAT MUST BE SUBMITTED TO ARBITRATION UNDER THESE TERMS AND CONDITIONS WILL BE RESOLVED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. THIS AGREEMENT DOES NOT PERMIT CLASS ARBITRATION OR ANY CLAIMS BROUGHT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. THE ARBITRATOR MUST FOLLOW THE TERMS OF THIS AGREEMENT AND CAN AWARD, ON AN INDIVIDUAL BASIS, THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING ATTORNEYS’ FEES). Costs and Attorney’s Fees After Default: You agree to pay all court costs and other collection costs (including attorney fees) actually incurred relating to your default. These Terms and Conditions supersede any and all prior proposals, understandings, negotiations, and all other agreements and discussions, oral or written, between the parties relating to the Service Plan Agreement. The Service Plan Agreement and these Terms and Conditions constitute the entire agreement between the parties. In the event of a conflict between Service Plan Agreement and these Terms and Conditions, these Terms and Conditions will govern. Any provision of the Service Plan Agreement or these Terms and Conditions which are deemed to be contrary to law shall not invalidate any of its other provisions. All rights and remedies hereunder are cumulative and not alternative. (We may waive or delay enforcing any of our rights without losing them.) Assignment: You may not assign or transfer the Service Plan Agreement without our written consent. We may assign the Service Plan Agreement to any other party. If we do this, the assignee will have all of our rights and privileges under the Service Plan Agreement Governing Law: The Service Plan Agreement and these Terms and Conditions, and all matters arising out of or relating to them, shall be governed by the internal laws of the Commonwealth of Massachusetts without giving effect to any choice of law rule. To the extent that judicial proceedings are permitted by the Service Plan Agreement or these Terms and Conditions, each Party hereby irrevocably consents to the mandatory and exclusive personal jurisdiction and venue of the state courts located in Middlesex County, Massachusetts with venue proper only in Middlesex County, Massachusetts. THE PARTIES TO THE SERVICE PLAN AGREEMENT AND THESE TERMS AND CONDITIONS, HEREBY WAIVE ANY RIGHT TO A TRIAL BY JURY. Taxes: J. Griffin shall collect from customers all taxes required by law and shall remit such taxes to appropriate governmental agencies. Authorization: By entering into the Service Plan Agreement and accepting services under the Service Plan Agreement, you authorize J. Griffin to send you informational and marketing emails and messages regarding our Company, our services and our products. You may notify us in writing if you wish to rescind this authorization.