Terms and Conditions

Home Improvement Terms and Conditions

Plumbing, Heating, Air Conditioning, Water Heating, Drain and Sewer Work

Customer Terms and Conditions – Incorporated Into Housecall Pro Estimate

These Terms and Conditions are incorporated into and made part of the estimate or proposal approved by the customer through Housecall Pro, together with the scope of work, equipment and material selections, price, payment terms, change orders, warranty documents, and required statutory notices (collectively, the “Agreement”). By approving or signing the Housecall Pro estimate, the customer acknowledges being provided access to these Terms, having the opportunity to review them, and agreeing to be bound by them. If a project-specific written term conflicts with these Terms, the project-specific written term controls only for that conflict.

HOUSECALL PRO CUSTOMER ACCEPTANCE: The customer approval/signature captured on the Housecall Pro estimate is the customer’s acceptance of the estimate and these incorporated Terms and Conditions. The project-specific Housecall Pro estimate must contain the customer/project information, detailed scope, price, payment schedule, approximate start/completion information, and other required project-specific disclosures.

Notice of Cancellation may be sent to: In Demand Plumbing Heating & Air, Inc., 729 Fulton Shipyard Rd., Suite A1, Antioch, California 94509, or jeff@indemandplumbing.com. For help locating or completing the Notice of Cancellation, call (925) 757-7000.

Contractor: In Demand Plumbing Heating & Air, Inc.
Business Address: 729 Fulton Shipyard Rd., Suite A1, Antioch, California 94509
CA License #943549

1. Agreement, Scope, and Order of Documents

In Demand will furnish the labor, supervision, materials, and equipment specifically identified in the accepted estimate. Work not expressly listed is excluded. The Agreement consists of the signed estimate or proposal, these Terms and Conditions, the project description, equipment and material specifications, payment schedule, approved change orders, warranty documents, required statutory notices, and any other document expressly incorporated in writing.

Photographs, sketches, product literature, and verbal discussions are explanatory only unless incorporated into the signed Agreement. Approximate dimensions, capacities, efficiency ratings, sound ratings, utility savings, and operating costs are estimates, not guarantees.

2. Owner Authority and Responsibilities

The person signing represents that they are the property owner or are authorized by the owner to approve the work. Owner will provide timely access, a safe work area, available water and electricity, parking and staging reasonably needed for the work, and the location of known private utilities or improvements not marked through public utility locating services.

Before work begins, Owner will remove or protect valuables, furniture, electronics, pets, vehicles, stored items, and fragile landscaping from the work area and access path. Owner is responsible for securing children, pets, tenants, occupants, and guests. Owner will disclose known leaks, structural defects, hazardous materials, unpermitted work, access restrictions, easements, property-line concerns, HOA rules, and other conditions that may affect the project.

3. Project Description, Materials, and Substitutions

The accepted estimate must identify the project and the significant materials and equipment to be installed. Unless a manufacturer, model, finish, capacity, or grade is expressly stated, In Demand may use professional-grade materials reasonably suitable for the intended application.

If a specified product becomes unavailable, delayed, discontinued, or restricted, In Demand may propose a reasonably comparable substitute. A substitute that changes price, performance, appearance, or warranty requires Owner’s written approval through a change order. Manufacturer model revisions that do not materially reduce the contracted performance or warranty are not considered a scope change.

4. Start, Completion, Access, and Scheduling

Approximate start and completion dates will be stated in the project-specific Agreement. Dates are estimates and may change due to permits, inspections, third-party testing, equipment availability, concealed conditions, weather, utility shutdowns, hazardous materials, change orders, Owner delay, illness, labor disruption, or events beyond In Demand’s reasonable control.

Substantial completion occurs when the contracted system or repair is installed and capable of its intended operation, subject to ordinary punch-list items, manufacturer registration, third-party testing, or final governmental sign-off. Substantial completion does not excuse In Demand from completing agreed punch-list work.

5. Price, Downpayment, Progress Payments, and Final Payment

The contract price, downpayment, and schedule of progress payments are stated in the project-specific Agreement. Any downpayment for a California home improvement contract will not exceed $1,000 or 10 percent of the contract price, whichever is less.

Upon satisfactory payment for any portion of the work performed, and before any further payment is made, In Demand will furnish the Owner, upon request and as required by law, a full and unconditional release from any potential lien claimant claim or mechanics lien for the portion of work for which payment has been made.

Each progress payment is due only after the corresponding described phase of work is completed or the identified materials or equipment are delivered, as allowed by law. Final payment is due when In Demand’s contracted scope is substantially complete, except for an amount reasonably attributable to incomplete punch-list work. Government inspection scheduling or third-party paperwork does not delay payment for completed work unless the Agreement expressly states otherwise.

Past-due amounts may accrue a finance charge only if disclosed in the Agreement and permitted by law. Owner is responsible for lawful returned-payment charges, collection costs, and other amounts awarded by a court. In Demand may suspend work for nonpayment after providing any notice required by law. Financing is provided by third parties and is subject to the lender’s separate terms and approval.

6. Change Orders and Extra Work

Note About Extra Work and Change Orders

Extra Work and Change Orders become part of the contract once the order is prepared in writing and signed by the parties prior to the commencement of work covered by the new change order. The order must describe the scope of the extra work or change, the cost to be added or subtracted from the contract, and the effect the order will have on the schedule of progress payments.

The buyer may not require a contractor to perform extra or change-order work without written authorization before that work begins. Extra work or a change order is not enforceable against the buyer unless the written change order identifies the scope of work, the amount added or subtracted, and the effect on progress payments or the completion date. Failure to meet these requirements does not preclude recovery where otherwise permitted by law to prevent unjust enrichment.

Changes to the scope, price, materials, payment schedule, or completion date must be described in a written change order and signed by Owner and In Demand before the changed work begins, except emergency work necessary to prevent immediate injury or property damage. A change order becomes part of the Agreement.

Concealed or previously unknown conditions, code corrections, inaccessible piping or ductwork, unsuitable electrical service, structural repairs, hazardous materials, failed existing components, required engineering, utility requirements, or inspector-directed work outside the original scope are extra work. In Demand will stop the affected portion when reasonably practical, document the condition, and present a change order.

7. Permits, Inspections, Title 24, HERS, and HOA Approvals

In Demand will obtain permits when the accepted estimate says permits are included or when law requires In Demand to obtain them. Permit fees, plan-review fees, third-party testing, engineering, utility fees, and corrections to pre-existing work are included only if expressly stated. Owner will provide information and signatures reasonably required for permitting.

HVAC work may require Title 24 documentation, duct leakage testing, refrigerant-charge verification, airflow testing, or HERS verification. Inspection or testing may identify deficiencies in existing ductwork, electrical systems, condensate disposal, platforms, access, combustion air, venting, gas piping, or other components outside the accepted scope. Required corrections are extra work unless included in writing.

Owner is responsible for HOA, landlord, lender, or architectural approval unless the Agreement assigns that responsibility to In Demand. Delays caused by agencies, utilities, HOAs, or third-party raters are outside In Demand’s control.

8. Concealed, Pre-Existing, and Nonconforming Conditions

In Demand is not responsible for defects or conditions that could not reasonably be observed before work, including hidden leaks, corrosion, deteriorated piping, undersized or damaged drains, defective valves, failed shutoffs, illegal connections, inadequate venting, damaged ductwork, asbestos-containing materials, mold, rot, pests, structural damage, buried obstructions, unsuitable soil, unmarked private utilities, or prior unpermitted work.

Connecting new work to an existing system does not create a warranty for the existing system. If shutdown, draining, testing, cleaning, or normal handling causes a previously weakened component to leak or fail, repair is extra work unless In Demand caused the failure through negligent workmanship.

9. Access, Openings, Patching, Finishes, and Cleanup

Plumbing and HVAC work may require cutting, drilling, trenching, excavation, roof or wall penetrations, removal of equipment, and access through drywall, plaster, stucco, concrete, tile, cabinets, flooring, roofing, landscaping, or other finishes. In Demand will use reasonable care and will perform only the patching, sealing, waterproofing, painting, texturing, roofing, concrete repair, finish carpentry, or restoration expressly included in the accepted estimate.

Exact matches of texture, paint, grout, tile, roofing, stucco, flooring, cabinetry, concrete color, landscaping, or aged finishes are not guaranteed. Minor cosmetic effects from reasonable access, drilling, cutting, dust, vibration, equipment removal, or concealed conditions may occur. Deep cleaning, repainting, finish matching, mold remediation, and landscape restoration are excluded unless stated. In Demand will remove debris generated by its work and leave the primary work area in broom-clean condition.

10. Excavation, Trenching, Sewer, and Underground Work

Excavation pricing assumes ordinary soil and access unless the estimate says otherwise. Rock, groundwater, concrete thicker than reasonably anticipated, unstable soil, buried debris, roots, unmarked private utilities, undocumented piping, contaminated soil, dewatering, shoring, engineering, traffic control, street work, or restricted equipment access may require a change order.

Landscaping, irrigation, hardscape, paving, concrete color, and surface restoration cannot be guaranteed to match. Sewer or drain work does not guarantee the condition or performance of portions of the system that are not replaced. Camera locations and depth estimates are approximate unless independently surveyed.

11. Drain and Sewer Cleaning

Drain cleaning restores flow through the accessible portion of the line at the time of service; it does not repair broken, offset, bellied, root-intruded, scaled, collapsed, improperly graded, or undersized piping. Recurring stoppages may occur when an underlying defect remains.

A drain-cleaning warranty applies only when expressly stated on the invoice and is subject to its written duration and exclusions. No warranty applies to foreign objects, grease, wipes, roots, structural defects, abuse, inaccessible lines, or stoppages outside the cleaned section. In Demand may recommend a camera inspection or repair option when conditions warrant.

12. Customer-Supplied Equipment and Materials

Owner-supplied fixtures, equipment, controls, or materials are installed only if accepted by In Demand. Owner is responsible for suitability, completeness, code compliance, shipping damage, missing parts, finish defects, manufacturer support, and product warranty. Additional labor caused by defective, incomplete, incompatible, or incorrectly sized customer-supplied items is billable.

In Demand warrants only its installation workmanship for customer-supplied items and does not warrant the item itself. Removal and reinstallation labor needed to pursue a product warranty is chargeable unless expressly included.

13. HVAC System Performance and Operation

Comfort, temperature balance, humidity, airflow, sound, runtime, and energy use depend on the building envelope, insulation, windows, occupancy, duct design, existing duct leakage, electrical service, thermostat use, weather, and other conditions. Unless the accepted scope includes engineered corrections, In Demand does not guarantee a specific room temperature under all outdoor conditions, elimination of pre-existing room-to-room variations, a particular utility bill reduction, or performance of existing equipment or infrastructure that In Demand did not install or modify.

Heat pumps may run longer and deliver lower-temperature supply air than gas furnaces. Outdoor units may produce water, vapor, frost, and defrost-cycle sounds during heating. Auxiliary heat may operate under certain conditions. Ultra-low-NOx and variable-capacity equipment may produce normal startup, modulation, refrigerant-flow, or resonance sounds.

Smart thermostats, Wi-Fi controls, monitoring, and manufacturer apps require compatible equipment, reliable power, internet service, supported networks, current software, and Owner-managed credentials. In Demand does not continuously monitor the system or internet connection. Reconnection, network troubleshooting, app training, or return visits unrelated to covered installation workmanship are billable at current service rates unless expressly included.

14. Plumbing System Operation and Water Conditions

Water pressure, water quality, mineral content, thermal expansion, recirculation, municipal supply conditions, private wells, and existing piping affect system performance and service life. In Demand does not guarantee water quality or the life of existing piping unless the accepted scope specifically addresses those conditions.

Shutting off or restoring water or gas may reveal failed valves, connectors, regulators, fixtures, appliances, sediment, air, or weakened piping. In Demand will use reasonable care, but correction of unrelated pre-existing failures is extra work. Owner is responsible for relighting or resetting appliances not included in the scope unless In Demand agrees to do so.

15. Hazardous Materials, Mold, and Unsafe Conditions

Unless expressly included, the work does not include testing, abatement, removal, handling, or disposal of asbestos, lead, mold, sewage contamination, refrigerants not associated with the contracted equipment, contaminated soil, or other hazardous substances. If suspected hazardous or unsafe conditions are encountered, In Demand may stop the affected work until a qualified party evaluates and remediates the condition. Resulting cost and schedule changes are handled by change order.

Owner will promptly disclose known hazardous materials and provide reports in Owner’s possession. Nothing in this section requires In Demand to perform work outside its license or qualifications.

16. Warranties, Maintenance, and Manufacturer Coverage

16.1 Workmanship and Labor Warranty

In Demand Plumbing Heating & Air, Inc. warrants that labor and workmanship performed by In Demand and its properly licensed subcontractors will be completed in a good and workmanlike manner consistent with accepted trade practices. The labor or workmanship warranty period for each project will be the period specifically stated in the customer’s accepted Housecall Pro estimate, proposal, membership benefit, equipment package, or written warranty document. If no labor warranty period is specifically stated, the standard In Demand workmanship warranty is one (1) year from substantial completion.

Manufacturer warranties are separate from In Demand’s labor warranty and are governed solely by the manufacturer’s written terms, registration requirements, maintenance requirements, exclusions, and eligibility rules.

HVAC System Installations and Replacements. HVAC equipment parts are covered by the applicable manufacturer warranty. The applicable In Demand labor warranty will be specifically identified in the accepted estimate. Certain qualifying system packages or membership benefits may include extended or lifetime labor coverage, subject to the written terms and maintenance requirements applicable to that coverage.

Ductwork Installation. In Demand provides a one (1) year workmanship warranty on newly installed ductwork unless a longer warranty is expressly stated in the accepted estimate. Manufactured materials and components remain subject to the applicable manufacturer warranty.

Water Heater Installation. In Demand provides a one (1) year workmanship warranty on standard tank, tankless, and heat-pump water heater installations unless a longer labor warranty is expressly stated in the accepted estimate or applicable membership benefit. Equipment and components are covered under the applicable manufacturer warranty.

Plumbing Installations and Repairs. Unless otherwise stated in the accepted estimate, plumbing workmanship is warranted for one (1) year against defects directly caused by In Demand’s installation or repair workmanship. This warranty does not cover deterioration or failure of existing piping, fixtures, valves, drains, sewer lines, water quality conditions, excessive water pressure, corrosion, scale, abuse, misuse, freezing, or unrelated system failures.

HVAC Repairs. Unless otherwise stated in writing, HVAC repair workmanship is warranted for one (1) year. Replacement parts are covered according to the applicable manufacturer or supplier warranty.

Drain Cleaning and Sewer Clearing. Drain-cleaning or sewer-clearing services are warranted only when a specific warranty is expressly stated on the accepted estimate or invoice. Drain cleaning does not warrant the underlying condition of the piping and does not cover recurring stoppages caused by roots, grease, wipes, foreign objects, bellies, offsets, scale, broken pipe, collapsed pipe, improper grading, or other structural defects.

Customer-Supplied Equipment or Materials. In Demand warrants only the installation workmanship associated with customer-supplied equipment, fixtures, or materials. In Demand does not provide a warranty on customer-supplied products, compatibility, missing parts, manufacturing defects, or product performance.

Extended and Lifetime Labor Warranties. Where an extended or lifetime labor warranty is included with a qualifying HVAC system, equipment package, or In Demand membership benefit, coverage applies only as specifically described in the accepted estimate or applicable warranty document. Continued coverage may require regular maintenance in accordance with manufacturer recommendations and the written terms of the applicable program.

The Housecall Pro estimate or proposal controls the specific labor-warranty duration sold for the project. If the estimate states a different warranty duration or a qualifying lifetime-labor benefit, that written project-specific term controls for that project.

16.2 Manufacturer Coverage

Equipment and materials are covered by the manufacturer’s written warranty, if any. Registration, owner occupancy, maintenance, proof of purchase, transfer, shipping, refrigerant, processing, and claim requirements are controlled by the manufacturer. In Demand may assist with registration or claims but does not control manufacturer approval, parts availability, reimbursement, or warranty decisions. Labor, travel, diagnostic time, shipping, refrigerant, crane, access, or removal/reinstallation costs are covered only when expressly included by the manufacturer or In Demand’s written warranty.

16.3 Maintenance and Exclusions

Warranty coverage excludes normal wear, consumables, filters, drain stoppages unless specifically warranted, corrosion, scale, water quality, power problems, surges, internet/network issues, misuse, neglect, accident, vandalism, pests, weather, flooding, freezing, fire, acts of God, unauthorized modification, third-party workmanship, and pre-existing conditions. The Owner must operate and maintain equipment in accordance with manufacturer instructions. If an estimate, maintenance plan, or extended/lifetime labor warranty expressly requires ongoing maintenance or active membership, those written requirements control that extended coverage. Third-party maintenance does not automatically void In Demand’s workmanship warranty, but In Demand is not responsible for defects or damage caused or worsened by third-party work.

16.4 Service Visits and Warranty Determination

A customer’s request for warranty service does not by itself establish that a condition is covered. By requesting service, the Owner authorizes In Demand to inspect and diagnose the reported condition. Warranty status is determined after reasonable inspection. Unless the accepted estimate, warranty, or maintenance plan states otherwise, a diagnostic or trip charge may apply to a service visit, including visits ultimately determined to involve non-covered conditions, manufacturer defects, maintenance issues, pre-existing conditions, or third-party work.

16.5 Repair Remedies

For a covered workmanship defect, In Demand’s obligation is to correct the covered workmanship within a reasonable time. Replacement of equipment, upgrades, cosmetic restoration, loss-of-use compensation, or reimbursement of third-party work is not included unless required by law or expressly agreed in writing.

17. Warranty Service, Notice, and Opportunity to Cure

Owner must promptly notify In Demand at (925) 757-7000 or jeff@indemandplumbing.com, describe the concern with reasonable detail, and provide reasonable access during normal business hours. Before seeking reimbursement for third-party repair, Owner will give In Demand a reasonable opportunity to inspect the alleged deficiency and, if covered, correct it, except when immediate action is reasonably necessary to prevent personal injury or material property damage.

In Demand will use reasonable efforts to schedule inspection and begin correction of a confirmed covered defect within a commercially reasonable time based on urgency, parts availability, permits, and access. Unauthorized alteration or repair may limit warranty coverage only to the extent it prevents diagnosis or causes or worsens the condition. This procedure does not waive or restrict any right that cannot lawfully be waived, including the right to contact CSLB, a lender, insurer, court, or other governmental or consumer-protection agency.

18. Damage, Insurance, and Limitation of Responsibility

In Demand is responsible for direct physical damage caused by its negligent workmanship, subject to applicable law. In Demand is not responsible for ordinary access impacts disclosed in the Agreement, damage caused by concealed, deteriorated, structurally unsound, or nonconforming conditions, or loss caused by Owner’s failure to protect property, disclose known conditions, or follow operating and maintenance instructions.

To the fullest extent permitted by law, neither party is liable to the other for remote, speculative, special, incidental, punitive, or consequential loss, including lost business income or lost profits. This limitation does not apply where prohibited by law and does not limit responsibility for willful misconduct, fraud, or other liability that cannot legally be limited.

19. Delays, Availability, and Price Changes

In Demand is excused for reasonable delay caused by events outside its control, including weather, disasters, fire, labor disruption, illness, transportation interruption, utility or agency delay, inspection scheduling, product shortage, manufacturer delay, Owner delay, concealed conditions, hazardous materials, or approved change orders.

The estimate is valid for the period stated in the estimate. After acceptance, increases caused by Owner-requested delay, change orders, taxes, tariffs, government requirements, discontinued equipment, or documented material increases outside In Demand’s control require a written change order before the affected work proceeds.

20. Suspension, Termination, and Cancellation

Owner may exercise any statutory right to cancel using the applicable notice provided with the Agreement. Outside a statutory cancellation period, termination rights are governed by the Agreement and applicable law. In Demand may suspend work for unsafe conditions, denied access, nonpayment, permit restrictions, hazardous materials, or material Owner breach after any required notice.

Upon lawful termination, Owner will pay for completed work, delivered materials, nonreturnable special-order items, restocking or cancellation charges actually incurred, permits, and other amounts permitted by law, less amounts previously paid. In Demand will protect the work and property as reasonably practical.

21. Subcontractors, Assignment, and Communications

Will one or more subcontractors be used on this project? Yes ☐    No ☐

If Yes: One or more subcontractors will be used on this project, and the contractor is aware that a list of subcontractors is required to be provided, upon request, along with the names, contact information, license number, and classification of those subcontractors.

In Demand may use properly licensed and qualified subcontractors. Owner may not direct In Demand’s employees or subcontractors to perform extra work without an approved change order. Electronic signatures, approvals, estimates, invoices, notices, photographs, and documents may be delivered and retained through Housecall Pro or email to the extent permitted by law. The customer approval/signature recorded in Housecall Pro constitutes acceptance of the project-specific estimate and these incorporated Terms and Conditions. Marketing consent, if any, is governed separately.

22. Dispute Notice, Governing Law, and Severability

The parties will first attempt in good faith to resolve a concern through written notice and a reasonable opportunity to inspect and cure. California law governs the Agreement. Any provision that is invalid or unenforceable will be limited or severed to the minimum extent necessary, and the remaining provisions will continue in effect. No waiver is effective unless in writing. The Agreement and signed change orders contain the parties’ complete agreement concerning the project.

Information About the Contractors State License Board (CSLB)

CSLB is the state consumer protection agency that licenses and regulates construction contractors. Contact CSLB for information about the licensed contractor you are considering, including information about disclosable complaints, disciplinary actions, and civil judgments that are reported to CSLB.

Use only licensed contractors. If you file a complaint against a licensed contractor within the legal deadline, CSLB has authority to investigate the complaint. If you use an unlicensed contractor, CSLB may not be able to help you resolve your complaint. Your only remedy may be in civil court, and you may be liable for damages arising out of injuries to the unlicensed contractor or the unlicensed contractor’s employees.

For more information, visit www.cslb.ca.gov, call 800-321-CSLB (2752), or write CSLB at P.O. Box 26000, Sacramento, CA 95826.

Commercial General Liability Insurance (CGL)

In Demand Plumbing Heating & Air, Inc. carries commercial general liability insurance. You may request the insurance company at 925-757-7000 to check the contractor’s insurance coverage.

Workers’ Compensation Insurance

In Demand Plumbing Heating & Air, Inc. carries workers’ compensation insurance for all employees.

Owner acknowledges receipt of the commercial general liability insurance notice and workers’ compensation insurance notice included in this Agreement.