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Terms of Service

Last updated: 4/24/2026

BY REQUESTING, SCHEDULING, ACCEPTING, OR PAYING FOR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS, INCLUDING THE INCORPORATION OF THESE TERMS BY REFERENCE INTO YOUR ESTIMATE AND INVOICE, AND THE MISSOURI LIEN NOTICE FOR WORK PERFORMED IN MISSOURI. 

  1. Introduction; Parties; Applicability. These Service Terms (the “Terms”) govern all estimates, proposals, work orders, and services provided by APS, LLC d/b/a Affordable Plumbing and Sewer, a Missouri limited liability company (“APS,” “we,” “us,” or “our”), to any residential or commercial customer (“Customer,” “you,” or “your”). Services are available to homeowners, real estate agents arranging services for listings or inspections, landlords, and commercial real estate owners and tenants, among others. These Terms apply to all work authorized by you, whether ordered via phone, email, text, website scheduling, or acceptance of an estimate, and are incorporated by reference into and govern any estimate, invoice, or other ordering document issued by APS. These Terms are posted on our website and are linked in our invoices and estimates for all customers. 

  2. Services; Service Territory. APS provides plumbing services to both residential and commercial clients. Our typical services include: (a) general plumbing repairs; (b) minor plumbing installations; (c) drain line cleaning; (d) drain and sewer line video inspection; and (e) sewer line repairs. Service availability is subject to scheduling, local conditions, and compliance with applicable law.

  3. Estimates, Scope, and Change Orders. 

    1. Estimates and Intended Scope. Our estimates describe the intended scope of work based on the information available at the time of inspection, customer intake, or any third-party reports provided. Estimates are not a guarantee that no additional work will be necessary.

    2. Third-Party Inspection Disclaimer. If your estimate is based on a third-party report, APS did not perform the original inspection and cannot guarantee that the scope of work is sufficient to address all issues. Certain sections of piping or systems may not have been accessible during that inspection. If, after work begins, it is determined that the scope must change, APS will provide an updated estimate before proceeding. Customer agrees to pay the quoted price for the scope of work indicated, even if additional work is identified but not authorized.

    3. Partial Inspection Disclaimer. Where APS was unable to inspect the entirety of a line or system, additional issues may be discovered during excavation or performance of the work. In such cases, an estimate for the increased scope will be provided. Customer agrees to pay the quoted price for the original scope even if additional work is declined. If Customer elects to leave an excavation open while considering additional work, Customer assumes all liability related to the open excavation. If APS is later requested to return solely to backfill without completing additional recommended work, Customer agrees to pay for the additional mobilization of crews and equipment.

    4. Discovery and Adjustments. Plumbing systems are frequently concealed or underground; conditions not observable during initial scoping may require additional work, time, and materials. APS will issue a written change order for any material scope changes.

    5. Change Orders. Material scope changes are not binding unless documented in a written change order authorized by Customer. Change orders may include adjustments to price and timelines and may include a reasonable contractor margin.

  4. Scheduling; Access; Trip Charge.

    1.  Appointments and Access. Customer must ensure safe, convenient, and continual access to the property, systems, utility rooms, crawlspaces, and other required areas, and must promptly respond to APS communications. Failure to provide access or undue delays may cause work suspension or rescheduling. 

    2. Customer No-Show; Trip Charge. If Customer schedules an appointment and does not appear or otherwise fails to provide access for APS to perform the services, a trip charge will apply in an amount determined by APS from time to time. The trip charge covers technician travel, scheduling costs, and lost time.

  5. Drain and Sewer Line Video Inspections; Approximation Disclaimer. Any drain or sewer line inspection videos, snapshots, or written observations are intended to assist in identifying visible conditions at the time of inspection. A sewer line video inspection does not guarantee a complete or 100% accurate diagnosis of the condition of the line. The technician will provide an assessment to the best of their ability of the condition of the main sewer line from the structure to the city connection, or as far as the camera can travel. The inspection is not intended to evaluate all drain lines within the property. The purpose is to identify visible concerns at the time of inspection only. Conditions may change in the short or long term. APS disclaims liability for conditions not visible during inspection or that develop after the inspection. Receipt or reliance upon the inspection constitutes acknowledgment and acceptance of this limitation. All measurements, distances, depths, pipe sizes, and materials referenced are approximate and should not be relied upon as exact. Verification through excavation or other methods may be required.

  6. Site Conditions; Concealed or Unforeseen Conditions. If APS encounters concealed or unforeseen conditions (including subsurface, corroded, collapsed, improperly pitched, or non-code-compliant lines; hazardous materials; or conditions materially different from those reasonably anticipated), APS may suspend work and propose a change order reflecting cost and schedule adjustments reasonably necessary to achieve the intended purpose of the job. This includes conditions not discoverable due to limited or partial inspection as described in Section 3.

  7. Customer Responsibilities. Customer represents and warrants that they have authority to authorize the work and that APS’s access will not violate any third-party rights.

    1. Neighbor Authorization. Customer must obtain written permission from any affected neighboring property owner where work may impact adjacent property. Such written permission must state that Customer accepts responsibility for any lawn, landscaping, or property damage. This documentation must be provided to APS prior to scheduling work. Customer remains responsible for securing all required permissions and assumes liability for failure to do so.

    2. Settling. Backfilling an excavation will result in natural settling over time. APS does not import new soil unless expressly stated in the estimate. All excavated material will remain on site and the excavation area will be mounded to allow for settling. APS is not responsible for:

      1. Determining when settling is complete;

      2. Re-leveling or regrading settled areas;

      3. Replacing or restoring landscaping, sod, irrigation systems, or other disturbed property unless explicitly included in the scope of work.

  8. Pricing; Invoicing; Payment; Late Payments.

    1. Contract Price. Customer agrees to pay APS the quoted price plus any approved change orders, trip charges, and reimbursable amounts (e.g., permits, disposal fees) as applicable. 

    2. Payment Timing. Unless otherwise stated in an estimate or invoice, payment of all undisputed amounts is due upon substantial completion of the applicable service visit or upon issuance of the final invoice, whichever occurs first. Deposits or progress payments may be required for larger projects. 

    3. Late Payments; Suspension. If Customer fails to pay any undisputed amount when due, APS may assess interest at 1.5% per month (or, if lower, the maximum rate permitted by applicable law), suspend work, and recover reasonable costs of collection, including attorneys’ fees, in addition to other remedies permitted by these Terms or law. 

    4. Funding Source. Customer remains responsible for all payments regardless of insurance, lender, or third-party funding arrangements. 

  9. Permits; Code; Pre-Existing Conditions. APS will perform work consistent with applicable codes based on the scope authorized. Unless expressly included in the estimate, Customer is responsible for permit fees and third-party inspections. APS is not responsible for pre-existing defects or code violations not created by APS’s work. Corrections of pre-existing issues, if necessary to perform the requested services, will be treated as a change order. 

  10. Subcontractors; Materials; Title. APS may engage qualified subcontractors and suppliers. Materials remain the property of APS until installed; excess materials at completion remain APS property and may be removed. 

  11. Text Messages

    1. Verbal opt-in: APS will be collecting opt-in verbally from their customers. The customers will be able to opt in to receive messages either in person at their physical location, or over a phone call if the customer calls. When a customer is registered for the first time, they are asked to provide the phone number, and staff is trained to ask If the customer would like to opt in to SMS-based billing notifications, appointment reminders, dispatch notifications and job completion surveys. They will be verbally informed that "Message and data rates may apply", "Message frequency may vary", and they can "text HELP for support or more information and STOP to unsubscribe at any time and no further messages will be sent." They will also be informed that their information will not be shared with third parties. 

    2. Website/Online opt-in: By submitting this form and signing up for texts, you consent to receive text messages from APS at the number provided, including messages sent by autodialer. Consent is not a condition of purchase. Msg & data rates may apply. Msg frequency varies. Unsubscribe at any time by replying STOP or clicking the unsubscribe link (where available) and no further messages will be sent. Reply HELP for help. Information will not be shared with third parties. 

  12. Limited Warranty; Disclaimers.

    1. Workmanship Warranty. APS warrants that its services will be performed in a workmanlike and professional manner consistent with industry standards for similar services. Specific warranty durations or exclusions, if any, will be stated on your estimate or invoice.

    2. Exclusions. This warranty does not cover: (a) pre-existing conditions, improper system installation by others, or code deficiencies not created by APS; (b) customer misuse, neglect, or failure to maintain; (c) damage from freezing, flooding, subsidence, tree roots, corrosion, chemical or sewer gas attack, or force majeure; (d) clogs or failures caused by items not intended to be introduced into plumbing systems; (e) defects in material. 

    3. Materials. To the extent manufacturer warranties apply to installed products, those warranties are the Customer’s sole remedy for material defects; APS will reasonably assist in providing manufacturer information. 

    4. Disclaimer. Except for the limited workmanship warranty set forth above, APS disclaims all other warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose, to the fullest extent permitted by law. 

  13. Limitation of Liability. To the fullest extent permitted by law: (a) APS will not be liable for consequential, incidental, indirect, special, exemplary, punitive, or enhanced damages, or diminution in value, arising from or related to the services or these Terms, whether in contract, tort (including negligence), or otherwise, even if advised of the possibility; and (b) APS’s aggregate liability arising from or related to any services shall not exceed the amounts paid to APS for the specific service visit or project giving rise to the claim. These limitations do not apply to direct damages caused by APS’s willful misconduct or gross negligence where such exclusions are prohibited by law. 

  14. Risk Allocation; Insurance. Customer acknowledges typical risks inherent in plumbing service activities and agrees APS is not responsible for ordinary wear and tear or incidental disturbances reasonably necessary to access and repair systems. Customer should maintain appropriate property and casualty insurance; to the extent damages are covered by Customer’s insurance, APS’s liability shall be reduced by the insurance proceeds. Customer acknowledges and accepts risks associated with excavation, including open trenches, uneven surfaces, and temporary hazards. Where Customer elects to delay completion or leave excavations open, Customer assumes all related liability.

  15. Rescheduling; Cancellations; Early Termination. APS may reschedule for reasons outside its control, including weather, emergencies, supply constraints, or labor shortages. If Customer terminates after work has commenced, Customer must pay for work performed to date, materials procured, reasonable demobilization, and any applicable restocking or third-party charges. 

  16. Force Majeure. APS is not liable for delay or failure due to events beyond its reasonable control, including acts of God, extreme weather, flooding, epidemics, civil unrest, government orders, utility failures, transportation or supply interruptions, or other force majeure events. Performance resumes as soon as reasonably practicable. 

  17. Intellectual Property; Reports and Media. Any videos, photos, inspection summaries, or other documentation created by APS are APS’s property. APS grants Customer a non-exclusive license to use such materials for personal property management, sale, or maintenance purposes. Publication or commercial use requires APS’s written consent. 

  18. Privacy; Communications. Customer authorizes APS to communicate via email, text, phone, and to include links to these Terms in estimates and invoices. Notices may be delivered by personal delivery, overnight courier, certified or registered mail, or email.

  19. Dispute Resolution; Jury Trial Waiver. The parties will first attempt to resolve any dispute through good-faith discussions. If unresolved, either party may pursue mediation followed by litigation in accordance with Section 19. Each party waives the right to a jury trial to the fullest extent permitted by law. Nothing prevents APS from initiating or preserving mechanics’ lien rights or seeking equitable relief. 

  20. Governing Law; Venue. These Terms are governed by the internal laws of the state of Missouri, without giving effect to conflict-of-law rules. Venue will lie in Jackson County Missouri. Each party consents to such jurisdiction and venue. 

  21. Mechanics’ Lien Rights; Missouri Notice. APS reserves and does not waive any rights to file and enforce mechanics’ liens to the maximum extent permitted by applicable law. The following notice applies to work performed in Missouri and will be deemed incorporated into Missouri jobs:

 

MISSOURI NOTICE TO OWNER

FAILURE OF THIS CONTRACTOR TO PAY THOSE PERSONS SUPPLYING MATERIAL OR SERVICES TO COMPLETE THIS CONTRACT CAN RESULT IN THE FILING OF A MECHANIC’S LIEN ON THE PROPERTY WHICH IS THE SUBJECT OF THIS CONTRACT PURSUANT TO CHAPTER 429, RSMO. TO AVOID THIS RESULT, YOU MAY ASK THIS CONTRACTOR FOR “LIEN WAIVERS” FROM ALL PERSONS SUPPLYING MATERIAL OR SERVICES FOR THE WORK DESCRIBED IN THIS CONTRACT. FAILURE TO SECURE LIEN WAIVERS MAY RESULT IN YOUR PAYING FOR LABOR AND MATERIAL TWICE.
 

  1. Health and Safety. Customer must disclose known hazardous conditions (e.g., asbestos-containing materials in piping wraps, contaminated water, biological hazards) and ensure safe access. APS may suspend work where unsafe conditions exist until reasonably remediated. Related costs and schedule impacts will be addressed via change order. 

  2. Updates to Terms; Incorporation by Reference. APS may update these Terms from time to time. The version posted on our website at the time you authorize an estimate or work order, and the version linked in your estimate or invoice, will govern your project. These Terms are incorporated by reference into each estimate, proposal, work order, and invoice.

  3. Severability; Waiver; Entire Agreement; Order of Precedence. If any provision is held invalid or unenforceable, the remainder remains in effect. No waiver is effective unless in a signed writing. These Terms, together with the applicable estimate, proposal, change orders, and invoices, form the entire agreement and supersede prior or contemporaneous understandings on the subject matter. In the event of a conflict, these Terms control unless the estimate expressly states otherwise. 

  4. Electronic Acceptance; Counterparts. You consent to transact electronically. Acceptance may be evidenced by e-signature, typed name, email or text authorization, online or phone scheduling acceptance, payment of deposit, commencement of performance at your direction, or other clear manifestation of assent. Copies or images of signatures, and electronic transmissions, are valid and binding. 

  5. Contact; Notices. Mailing Address: Affordable Plumbing and Sewer, 4741 Central St., Box 745, Kansas City, MO 64112. Notices must be delivered to the mailing address above, or by email if authorized in the applicable estimate or invoice.

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