Terms of Service

The undersigned represents that he/she is the owner of the property or the owner’s agent, and has the authority to order said work as described on reverse side. Black Diamond Plumbing & Mechanical, Inc, dba: Black Diamond Plumbing and Electric (hereinafter referred to as “Black Diamond”) hereby discloses and the undersigned, (hereinafter referred to as “owner”) hereby acknowledges that aged and deteriorating plumbing, electric or HVAC, piping or wiring and appurtenances may no longer be serviceable. They also acknowledge that Black Diamond’s agent may not know that until a significant amount of work has been done to reach the parts of the plumbing fixture, electrical fixture, piping or heating/cooling fixtures that are damaged. Owner hereby agrees to hold Black Diamond harmless from and defend Black Diamond against any and all claims or liability for damage to those items or otherwise resulting form conventional repair efforts.

Owner agrees that he/she will not hold Black Diamond responsible for any manufactured defects of any parts used by Black Diamond in the repairs described on reverse page. While Black Diamond may use those parts, they did not manufacture them, and make no warranties whatsoever as to any parts utilized. Owner agrees to indemnify and hold harmless Black Diamond from any defects in said parts.

Black Diamond further states that owner recognizes that Black Diamond has not made any representations that they are the cheapest or most economical plumbing, electric and HVAC firm in the area. Owner recognizes that there may be service providers willing to do the work described on the reverse side of this page at a lower price. Owner understands that he/she has the option of seeking other bids before authorizing the work to be done.

In the event that owner is in breach or otherwise defaults under the terms of this agreement, such as not paying the price in full or stopping payment on a check written, etc., or sues to reclaim the fees paid, that owner shall be liable to Black Diamond for all expenses, including reasonable and necessary attorney’s fees, court cost, litigation and other expenses of any kind incurred by Black Diamond as the result of owner’s default and/or breach of contract, whether or not litigation is commenced as a result of said default and/or breach. The provisions of this section shall survive completion of the work outlined on reverse page and final payment by owner.

It is agreed that this agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Illinois.

Black Diamond, in the case of owner bringing action against Black Diamond, shall be entitled to recover their lost time from other work, the cost of having technicians available either for depositions or testimony at trial, or for any other matter, caused by owner, and any other out-of-pocket costs that Black Diamond may suffer by action of the owner.

Owner shall not be entitled to any damages from Black Diamond, should they seek damages for any reason, other than those specifically referring to repairing or replacing the plumbing, electrical, or HVAC fixtures or piping or wiring damaged by the work described on reverse page. Under no circumstances will owner be entitled to any type of consequential or incidental damages such as lost wages, attorney’s fees, expert opinion fees, etc.

The owner hereby states that he/she has read the above, understands all the above terms and is authorizing the work described on reverse side. Owner understands that payment for this work is due at time the work is completed, on site, and shall be tendered to the Black Diamond agent on the premises. Any return checks, either from non sufficient funds, closed accounts or stop payment, will be charged a $75 fee, as well as any other legal redress available to Black Diamond, such as treble damages as provided by Illinois State Compiled Statutes. A late charge of 1-1/2% per month or 18% per year will be charged for all balances 30 day or more past due. Owner agrees to pay all of these costs in non payment by owner occasions such costs, as well as all of the other expenses and costs described and reverse side.

This shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this agreement shall not be binding upon either party to except to the extend incorporated in this agreement. Any modifications to this agreement shall be in writing and signed by each party or an authorized representative of each party.

Contract Agreement

The Client represents that he/she is the owner of the property or the owner’s agent, and has authority to enter into this Crystal Club Agreement. Black Diamond Plumbing & Mechanical, Inc. (“Black Diamond”) hereby discloses, and Client hereby acknowledges, that aged and/or deteriorating plumbing, sewer, electrical and/or HVAC equipment and appurtenances may not be serviceable. Client further acknowledges that Black Diamond’s agents may not be able to determine that equipment is not serviceable until a significant amount of work has been performed to determine the cause of a problem. Client hereby agrees to hold Black Diamond and its agents harmless from, and shall defend Black Diamond and its agents against, any and all claims or liability for damage to such non-serviceable items or otherwise resulting from conventional repair efforts.

Client agrees that he/she will not hold Black Diamond and its agents responsible for any manufacturing defects in any parts used by Black Diamond in the repairs performed under this Agreement. Client understands that Black Diamond does not manufacture the parts used in its repairs or service, and, as such, BLACK DIAMOND HEREBY DISCLAIMS ANY WARRANTIES WHATSOEVER AS TO ANY PARTS USED. Client agrees to indemnify and hold harmless Black Diamond and its agents from any claims arising from manufacturing defects in such parts.

Black Diamond agrees to use reasonable care in the inspection of Client’s equipment. Client acknowledges that it is possible for equipment to breakdown shortly after an inspection, and agrees that Black Diamond and its agents shall not be held liable for such breakdown or any resulting damage absent proof of gross negligence, fraud or willful and wanton misconduct.

Client acknowledges that Black Diamond has not made any representations that it is the least expensive contractor in the area. Client recognizes that there may be service providers willing to do the work described on the reverse side of this page at a lower price. Client understands that he/she has the option of seeking other bids before authorizing the work to be done.

In the event Client is in breach or otherwise defaults under the terms of this agreement, such as not paying an amount due in full, stopping payment on a check written or credit/debit card, or sues to reclaim the fees paid, Client shall be liable to Black Diamond for all expenses, including reasonable and necessary attorney’s fees, court cost, litigation and other expenses of any kind incurred by Black Diamond as the result of Client’s default and/or breach of contract, whether or not litigation is commenced as a result of said default and/or breach. The provisions of this section shall survive completion of the work outlined on reverse page and final payment by owner.

It is agreed that this agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Illinois.

In the event Client unsuccessfully brings action against Black Diamond, Black Diamond shall be entitled to recover from Client its lost time from other work, the cost of having technicians available either for depositions or testimony at trial, or for any other matter, caused by Client, and any other out-of-pocket costs that Black Diamond may suffer by action of Client.

Under no circumstances shall Client be entitled to collect any type of consequential or incidental damages from Black Diamond, including, but not limited to, emotional distress, property damage, loss of use, lost wages, attorneys’ fees, expert opinion fees, etc.

Client hereby agrees that he/she has read the above, understands all the above terms and is authorizing the work described on reverse side. Client understands that payment for all work is due at time the work is completed, on site, and shall be tendered to the Black Diamond agent on the premises. Any returned checks, either from non sufficient funds, closed accounts or stop payment, will be charged a $75 fee, as well as any other legal redress available to Black Diamond, such as treble damages as provided by Illinois Compiled Statutes. In the event Client’s credit or debit card does not honor a charge under this Agreement, Client shall provide a valid credit/debit card number within three days. A late charge of 1-1/2% per month or 18% per year will be charged for all balances 30 day or more past due.

This document shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this agreement shall not be binding upon either party to except to the extent incorporated into this agreement. Any modifications to this agreement must be in writing and signed by each party or an authorized representative of each party.

YOU MAY CANCEL THIS CONTRACT AT ANY TIME BEFORE MIDNIGHT OF THE THIRD BUSINESS DAY AFTER RECEIVING A COPY OF THIS CONTRACT. IF YOU WISH TO CANCEL THIS CONTRACT, YOU MUST EITHER:

SEND A SIGNED AND DATED WRITTEN NOTICE OF CANCELLATION BY REGISTERED OR CERTIFIED MAIL, RETURN RECEIPT REQUESTED; OR PERSONALLY DELIVER A SIGNED AND DATED WRITTEN NOTICE OF CANCELLATION TO:

Attn: Accounts Receivable
Black Diamond Plumbing & Mechanical, Inc.
1400 Miller Parkway
McHenry, IL 60050