Terms & Conditions

These terms and conditions (the “Terms and Conditions”) govern the use of www.callbrightside.com (the “Site”). This Site is owned and operated by Bright Side Plumbing. This Site is a plumbing website.

By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.

Intellectual Property

All content published and made available on our Site is the property of Bright Side Plumbing and the Site’s creators. This includes, but is not limited to images, text, logos, documents, downloadable files, and anything that contributes to the composition of our Site.

Limitation of Liability

Bright Side Plumbing and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities, and expenses including legal fees from your use of the Site.

Indemnity

Except where prohibited by law, by using this Site you indemnify and hold harmless Bright Side Plumbing and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities, and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.

Applicable Law

These Terms and Conditions are governed by the laws of the State of Kansas.

Severability

If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.

Changes

These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site.

Contact Details

Please contact us if you have any questions or concerns. Our contact details are as follows:

(913) 963-1029 [email protected]
12022 Blue Valley Pkwy, Overland Park, KS 66213

Bright Side Plumbing Guarantees and Warranties

Sewer Repairs and Replacements

Your sewer repair or replacement comes with a parts and labor lifetime guarantee for proper installation and materials integrity for as long as the original purchasing homeowner lives in the home while the home and property conditions meet local municipality-recommended plumbing code and safety regulations.

Exclusions include but are not limited to: The settling of the home or general soil to the detriment of the piping or its flowable grade: city, utility contractor, any third-party damage, root intrusions at transitional connections to original piping, or clogs caused by foreign objects or grease build-up caused by homeowner mistake or abuse.

All warranties and guarantees are only honorable to a new homeowner that did not initially make the purchase for a maximum of one year from the installation date.

Clog Removal

Your clog removal includes a 30-day guarantee against a repeat clog.

Exclusions include but are not limited to abuse or misuse. Service will only be repeated once within the initial 30-day guarantee window, and the repeat service does not reset the original 30-day window.

Water Heater Repairs and Replacements

Your water heater replacement comes with a 6-year, 8-year, or lifetime parts and labor guarantee, depending on which package you choose, while the home and property conditions meet local municipality-recommended plumbing code and safety regulations.

Your water heater repair comes with a parts and labor one-year guarantee for proper installation and materials integrity while the home and property conditions meet local municipality-recommended plumbing code and safety regulations.

The 8-year water heater package includes a 3-year warranty for the included thermal expansion tank.

The lifetime water heater package includes a 3-year warranty for the included thermal expansion tank and a 5-year warranty for the included whole-house pressure regulator valve.

Exclusions include but are not limited to: Abuse or misuse. Home water pressure over 80 PSI or leaving additional and related recommended repairs with the water heating system or home unresolved. Parts will only be replaced once during the one-year guarantee, and does not reset the one-year guarantee window.

All warranties and guarantees are only honorable to a new homeowner that did not initially make the purchase for a maximum of one year from the installation date.

Sump, Grinder, and Ejector Pump Replacements

Your pump replacement comes with a 1-year, 3-year, or 5-year parts and labor guarantee, depending on which package you choose, while the home and property conditions meet local municipality-recommended plumbing code and safety regulations.

Exclusions include but are not limited to: Abuse or misuse. Unapproved debris having entered the pump pit for the type of pump installed or leaving additional and related recommended repairs with the pump system or home unresolved. Parts will only be replaced once during the guarantee period and does not reset the guarantee window.

All warranties and guarantees are only honorable to a new homeowner that did not initially make the purchase for a maximum of one year from the installation date.

Fixture Repairs and Replacements

For this warranty section, the term “fixture” refers to toilets, urinals, faucets, valves, sinks, recirculation pumps, bidets, tubs, “tubular” fixture drains, and shower pans.

Your fixture replacement comes with a 1-year, 3-year, or 5-year parts and labor guarantee, depending on which package you choose, while the home and property conditions meet local municipality-recommended plumbing code and safety regulations.

Your fixture repair comes with a parts and labor one-year guarantee for proper installation and materials integrity while the home and property conditions meet local municipality-recommended plumbing code and safety regulations.

Exclusions include but are not limited to: Abuse or misuse. Home water pressure over 80 PSI or leaving additional and related recommended repairs with the plumbing system or home unresolved. Parts will only be replaced once during the guarantee period and does not reset the guarantee window.

All warranties and guarantees are only honorable to a new homeowner that did not initially make the purchase for a maximum of one year from the installation date.

Pressure Regulator Valve Replacement

Your pressure regulator valve replacement comes with a 1-year, 3-year, or 5-year parts and labor guarantee, depending on which package you choose, while the home and property conditions meet local municipality-recommended plumbing code and safety regulations.

The home’s water pressure should be checked semi-annually, and the pressure regulator valve should be serviced annually to guarantee correct pressure levels in the home.

Exclusions include a need for proper access to the pressure regulator valve, a working shut-off valve to the home, or a home plumbing system drain near the pressure regulator valve.

All warranties and guarantees are only honorable to a new homeowner that did not initially make the purchase for a maximum of one year from the installation date.

Thermal Expansion Tank Replacement

Your thermal expansion tank replacement comes with a 1-year or 3-year part and labor guarantee, depending on which package you choose, while the home and property conditions meet local municipality-recommended plumbing code and safety regulations.

Exclusions include but are not limited to: Abuse or misuse. Home water pressure over 80 PSI or leaving additional and related recommended repairs with the water heating system or home unresolved. Parts will only be replaced once during the guarantee period and does not reset the guarantee window.

All warranties and guarantees are only honorable to a new homeowner that did not initially make the purchase for a maximum of one year from the installation date.

Pressure Pipe and Fittings Replacement

For this warranty section, the term “pressure pipe” refers to the main potable water-delivering piping supplied through your city water meter. Guaranteed replacements are only made using copper, brass, and PEX.

Your pressure piping replacement comes with a parts and labor lifetime guarantee for proper installation and materials integrity for as long as the original purchasing homeowner lives in the home while the home and property conditions meet local municipality-recommended plumbing code and safety regulations.

Exclusions include but are not limited to: Abuse or misuse, galvanized steel, CPVC, or polybutylene piping or connections, home water pressure over 80 PSI, or leaving additional related recommended repairs with the plumbing system or home unresolved. SharkBite-type fittings are not covered under this guarantee, and parts will only be replaced once during the guarantee period.

All warranties and guarantees are only honorable to a new homeowner that did not initially make the purchase for a maximum of one year from the installation date.

Drain Pipe and Fittings Replacement

The term “drain pipe” refers to the above-ground piping that takes the gray and black water from the fixtures to the sewer for this warranty section. Guaranteed replacements are only made using PVC DWV cell core or solid core piping and fittings.

Your drain piping replacement comes with a parts and labor lifetime guarantee for proper installation and materials integrity for as long as the original purchasing homeowner lives in the home while the home and property conditions meet local municipality-recommended plumbing code and safety regulations.

Exclusions include but are not limited to: Abuse or misuse.“Tubular” type piping that generally goes under cabinet spaces that we classify under “fixture repair.” Galvanized steel or cast iron piping or connections, leaving additional and related recommended repairs with the plumbing system or home unresolved. Non-steel-backed rubber fittings are not covered under this guarantee, and parts will only be replaced once during the guarantee period.

All warranties and guarantees are only honorable to a new homeowner that did not initially make the purchase for a maximum of one year from the installation date.

Fuel Gas Pipe and Fittings Replacement

For all fuel gas-related projects, immediately call a licensed electrician to ensure the fuel gas system is properly grounded and bonded to prevent any property damage from electrical storms.

For this warranty section, the term “fuel gas” refers to the natural gas delivering piping supplied through your city gas meter. Guaranteed replacements are only made using black iron, brass, corrugated stainless steel, and polyethylene.

Exclusions include but are not limited to: Abuse or misuse, acts of God (including lighting, storms, and earthquakes), improper grounding or bonding in the electrical system, galvanized steel, copper, or appliance flex piping or their connections, home gas pressure over the code-approved amount, or leaving additional related recommended repairs with the plumbing system or home unresolved. Safety stop fittings are not covered under this guarantee, and parts will only be replaced once during the guarantee period.

All warranties and guarantees are only honorable to a new homeowner that did not initially make the purchase for a maximum of one year from the installation date.

Garbage Disposers

Your disposer replacement comes with a 2-year, 6-year, 8-year, or 10-year part and labor guarantee, depending on which package you choose, while the home and property conditions meet local municipality-recommended plumbing and electrical code and safety regulations.

Exclusions include but are not limited to: Abuse or misuse. Unapproved debris having entered the disposer for the type installed or leaving additional and related recommended repairs with the kitchen sink and drain system unresolved. Parts will only be replaced once during the guarantee period and does not reset the guarantee window.

All warranties and guarantees are only honorable to a new homeowner that did not initially make the purchase for a maximum of one year from the installation date.

Client Supplied Parts and Materials

Any parts or materials not supplied by Bright Side Plumbing will not be guaranteed or warranted in any capacity.

Installation alone comes with a one-year guarantee for proper installation as long as the original purchasing homeowner lives in the home while the related home and property conditions meet local municipality-recommended plumbing code and safety regulations.

Exclusions include but are not limited to: Abuse or misuse, acts of God (including lighting, storms, and earthquakes), home water pressure over 80 PSI, or leaving additional and related recommended repairs with the home unresolved. Installations will only be repeated once during the guarantee period, and do not reset the guarantee window.

Discounts & Specials

Sewer Repair:

Free sewer video scoping is for actively problematic sewers; only primary resident homeowners qualify. Sewer video scoping for sewers of unknown or proper function or sewers serving investment properties do not qualify for this promotion. Must be within our standard service area to qualify. The standard $349 video scope charges apply in these scenarios.

Leak Repair:

The standard $89 dispatch fee applies to fixture leaks and does not qualify for this promotion. Must be within our standard service area to qualify.

Drain Cleaning:

Only primary resident homeowners qualify. Sewers serving investment properties do not qualify for this promotion. Must be within our standard service area to qualify. The standard $349 unclogging and video scope charges apply in these scenarios.

Water Heaters:

Free water heater estimates are for actively problematic water heaters; only primary resident homeowners qualify. Water heaters of unknown or proper function or water heaters serving investment properties do not qualify for this promotion. Must be within our standard service area to qualify. The standard $89 trip charges apply in these scenarios.

Sewer Line Cleaning:

Septic System:

Free septic video scoping is for actively problematic septic systems; only primary resident homeowners qualify. Septic video scoping for septic systems of unknown or proper function or sewers serving investment properties do not qualify for this promotion. Must be within our standard service area to qualify. The standard $349 video scope charges apply in these scenarios.

Sump Pumps:

Free sump pump estimates are for actively problematic sump pumps; only primary resident homeowners qualify. Sump pumps of unknown or proper function or sump pumps serving investment properties do not qualify for this promotion. Must be within our standard service area to qualify. The standard $89 trip charges apply in these scenarios.

Excavation Disclosure Statement

Underground piping replacement, along with the excavation process, has many unknown variables that are difficult to predict. Unless explicitly noted otherwise in this invoice, we can run into some things we are not responsible for or cannot predict.

Sidewalk and Driveway Reinstallation:

We often have to remove concrete or asphalt to access the sewer we are repairing, and we do not repair or replace these structures.

Grass and Landscaping:

Grass and landscaping will be damaged or destroyed on almost every sewer project. The nature of excavation with heavy machinery leaves no other option. We do not repair or replace landscaping.

Utilities:

Before any excavation begins, we call 811 “Dig Right” to have all known underground utilities marked and flagged by the appropriate agencies. Sometimes, these third parties are not accurate or miss a utility entirely. Encountering an unmarked or unknown utility obstacle causes a delay and difficulty that we charge an additional minimum of $799 to resolve.

Large Rocks, Bedrock, and Roots:

Before we begin excavation, rock is undetectable and is a significant obstacle once discovered. Roots can also be large and abundant. Depending on the level of obstruction, rock or root removal starts at an additional minimum of $1299.

Change Orders:

Once exposed, it may be evident that the sewer has more damage than initially estimated or conditions requiring additional equipment or labor are discovered. You may decide to expand the project. Sewer repair change orders start at an additional minimum of $3199.

Contractual Conditions - These terms and conditions are not binding upon

Bright Side Plumbing, LLC.. (hereinafter “Contractor”) until Customer has

authorized Contractor to commence work by execution of the Contract and said

Contract has been ratified by Contractor’s management.

Terms of Payment – Full payment is due upon completion of the scope of work

or in accordance with the established payment schedule. Payment not received

upon the completion may be deemed in default. In the event of a default, interest

shall accrue from the date of default at the lesser rate of 1.5% per month (18% per

annum) or the maximum rate allowed by law with a minimum charge of $5.00 per

month. In the event that Contractor employs attorneys or other experts in

connection with the enforcement of this contract, then to the extent not prohibited

by law, customer agrees to pay, promptly upon demand by Contractor all the

attorneys’ fees, expert fees, costs, and expenses incurred by Contractor with

respect to said services, whether or not suit is brought.

Financial Assurance - Customer shall, at the written request of Contractor and

before the commencement of the Work (or any time thereafter), furnish to

Contractor reasonable evidence that financial arrangements have been made to

fulfill the Customer’s obligations to pay Contractor. Furnishing of such evidence

shall be a condition precedent to commencement or continuation of the Work. After

such evidence has been furnished, the Customer shall not materially vary such

financial arrangements without prior written notice to Contractor.

4 Warranty -

Workmanship: In addition to any manufacturer’s warranty, Contractor warrants

that its work will be free from defects caused by faulty workmanship for a period of

12 months after substantial completion of the Work, unless otherwise specified in writing.

Entire Warranty: THE WARRANTIES OF THIS PARAGRAPH ARE EXCLUSIVE

AND ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED,

INCLUDING (BUT NOT LIMITED TO) THE IMPLIED WARRANTIES OF

MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Contractor’s Obligation: Contractor shall correct any defects due to faulty

workmanship, which appear within 12 months after substantial completion of

Contractor’s Work. Contractor's obligation and liability under this warranty are

limited to the repair or replacement of any defective workmanship, at Customer's

site, and shall not in any case extend to any loss of anticipated profits, rents,

shutdown or non-operation of the facility, or other consequential loss suffered by

Customer from any cause, including defects covered by this paragraph.

Exclusions: This warranty does not cover any failure or defect resulting from:

Harmful chemicals, fumes, or vapors;

Vandalism or physical abuse;

Lack of proper maintenance and repair;

Unauthorized penetrations or repairs;

Customer purchase materials or equipment;

Acts beyond the reasonable control of Contractor, including without

limitation, sovereign acts, legislation, fire, flood, earthquake, tornado,

explosions, acts of God, or other catastrophic events.

Notice: Any warranty claim must be presented in writing to Contractor within 12

months after the substantial completion of Contractor’s Work, or the claim shall be

waived.

Permits - Unless otherwise provided in this Contract, all building, construction,

and other permits required for the Work shall be obtained by Contractor Any

approval of the Project that may be required by a Homeowner’s Association or

similar body shall be obtained by Customer. Contractor shall not be responsible

for delays in the permitting process. In addition, the Contractor shall be responsible

for any and all inspections or tests required by regulatory agencies or code

enforcement agencies.

Other Charges - Customer shall pay all taxes, excises, licenses or permit fees,

or other governmental charges upon the sale, use, transportation, production or

installation of the material, structures, or real property additions and improvements

covered by this Contract. If Contractor is required to pay any such charges,

Customer shall promptly reimburse Contractor

Performance Dates - The performance schedule, if stated in the Proposal, is

approximate and is not guaranteed by Contractor. Contractor shall not be liable for

delays in delivery, fabrication or installation when such delays result from acts of

government, acts of God, adverse weather, war, riot, labor disputes, civil

insurrection or any other causes beyond Contractor's reasonable control, and the

date of performance shall be adjusted for any such delays. Further, Contractor

shall not be responsible for delays in the project caused by the failure of

material/equipment suppliers to deliver material, equipment or services in the time

and manner agreed upon or in the time and manner anticipated.

Scope Limitations - Any material, equipment, structure or service item that is

not explicitly a part of this Contract is specifically excluded from Contractor’s Work.

Any item which is not specifically made a responsibility of Contractor in this

Contract is specifically excluded.

Contract Amendments - Either Contractor or Customer may propose changes

to the Work, and such changes shall be incorporated into the final design as long

as proper adjustments in price and schedule are made. The following contract

amendment procedure is to be used for work performed for the Customer by

Contractor, which is beyond the Scope of the signed Proposal.

As change order items are identified and before any work is done,

Contractor and the Customer will review and agree on the work to be

performed.

A contract amendment or change order will be completed with regard to

scope and price and any schedule impact. All parties involved will sign the

contract amendment or change order.

Contractor will perform the work and bill the Customer. For time and material

work, documentation will be provided.

Facility/Site Conditions - Customer shall provide adequate working and

storage areas, utilities, and reasonable access to the job site. Customer shall pay

any additional costs incurred by Contractor as a result of variations in the

conditions of the project or site (including but not limited to conditions that were not

anticipated by Contractor).

Drawings - Any drawings and specifications attached or incorporated into the

Proposal have been approved by Customer. No changes shall be made in these

drawings or specifications without the express written consent of Contractor.

Contractor shall be entitled to full compensation inclusive of profit and overhead

for all changes in the drawings and specifications and the work depicted therein,

and for any schedule delays, caused in whole or in part by any changes. Customer

shall take full responsibility for the completeness and accuracy of any and all

drawings and data for the Project. Should this information be incomplete or

inaccurate, then Customer shall pay all additional costs (including overhead and

profit) incurred by Contractor as a result.

Use of Specifications and Drawings - Contractor shall make no use of the

specifications, drawings, or other documents except in connection with this

Contract.

Indemnification - Customer agrees to defend and indemnify Contractor

against any loss or expense from any claim or suit against Contractor as a result

of any personal injury or property damage caused by the negligence of Customer

or its agents, employees, or suppliers.

Contractor agrees to indemnify Customer for any loss or expense from any claim

or suit against Customer as a result of any personal injury or property damage

caused by the negligence of Contractor or its agents or employees.

Neither party shall be required to indemnify the other party for the other party’s

negligence.

Customer's Insurance - Customer will procure and maintain the insurance

described below: Residential Homeowner’s Insurance or (2) Construction All

Risk, (3) Commercial General Liability, and (4) Property/Casualty Insurance.

Residential Homeowner’s Insurance: On residential projects, Customer will

maintain appropriate insurance from commencement of the Work until competition.

Construction All Risk Insurance: Construction All Risk Insurance or Customer’s

risk insurance having a "replacement value" basis, and including flood and

collapse coverage, on all equipment and activities included in the Contract and all

materials and equipment intended for permanent use or incidental to the

construction the Project, the cost of which is included in the cost of the Contract,

while in transit to the site of construction, while at temporary storage locations and

while in or about the premises awaiting and during construction until the project is

accepted in its entirety by the Customer. The policy will: a. Provide that all losses

shall be adjusted with, and made payable to, the Customer or Contractor as their

interest may appear. b. Contain no co-insurance clause. c. Contain 30-day

cancellation notice. d. All deductibles shall be paid by Customer.

Commercial General Liability Insurance: On commercial construction,

Customer shall maintain commercial general liability insurance from

commencement of the Work until twelve (12) months after the Project is finally

completed. The limit of liability under such insurance shall be at least $1,000,000

for any one occurrence.

Property/Casualty Insurance: Customer shall purchase and maintain the usual

property/casualty insurance on the property and facility in the full replacement

value of the property.

Other: All monies received under any such policy shall be applied in or towards

the replacement and repair of the Work that is lost, damaged or destroyed.

Customer and Contractor waive all rights against each other and any of their

subcontractors, agents, and employees for any damages or liability covered by

Customer’s insurance, including any right of subrogation.

15 Contractor's Insurance - Contractor will provide and maintain, until completion

of the Work, automobile liability insurance, general liability insurance, and workers’

compensation insurance. Proof of insurance will be provided if requested.

Limitation of Liability - IN NO EVENT SHALL CONTRACTOR BE LIABLE

FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGE

ARISING OUT OF ANY WORK PERFORMED FOR CUSTOMER, INCLUDING,

BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFIT, BUSINESS

INTERRUPTION, INTEREST, LOSS BY REASON OF SHUTDOWN OR NON-

OPERATION OF THE CUSTOMER'S FACILITIES, INCREASED EXPENSES OF

OPERATION OF THE PROJECT, THE FACILITY OR OTHER FACILITIES, OR

SPECIAL CONSEQUENTIAL LOSS OR DAMAGE, ARISING FROM ANY CAUSE

WHATSOEVER, INCLUDING WITHOUT LIMITATION, FIRE. TO THE FULLEST

EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY, IN THE AGGREGATE,

OF THE CONTRACTOR TO CUSTOMER OR ANYONE CLAIMING BY OR THROUGH

CUSTOMER, FOR ANY AND ALL LIABILITIES, CLAIMS, LOSSES, EXPENSES,

OR DAMAGES WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED

TO CONTRACTOR’S SERVICES, THE PROJECT, OR THE CONTRACT, FROM

ANY CAUSE OR CAUSES WHATSOEVER, INCLUDING WITHOUT

LIMITATION, NEGLIGENCE, STRICT LIABILITY, INDEMNITY, WARRANTY, OR

BREACH OF CONTRACT, SHALL NOT EXCEED THE CONTRACT AMOUNT.

Cancellation - Upon cancellation of this Contract, Customer shall be

responsible to Contractor for all costs of cancellation, including (1) the

proportionate contract price for all Work completed, whether shipped or not, prior

to Contractor's receipt of notice or cancellation; (2) all costs incurred by Contractor

in connection with Work not completed at the time notice of cancellation is

received; (3) Contractor's full anticipated fee for this Contract; (4) all expenses

incurred by Contractor by reason of such cancellation, including costs arising from

termination of subcontractors and vendors; and (5) Contractor's reasonable

attorney's fees incurred to enforce or defend this provision. This clause shall not

limit nor apply to Customer's remedies in the event Contractor shall breach or fail

to perform any of the terms of this Contract; provided, however, that Contractor’s

liability shall not exceed the limitation of liability set forth in these Terms and

Conditions.

Termination - By Contractor: If the Customer fails to make payment for a

period of 10 days after the date the payment is due, if Customer repeatedly fails to

make product selection or any decision necessary for the advancement of the

Contractor’s work, or if Customer repeatedly interferes in the work, Contractor

may, upon 3 days written notice to Customer, terminate this Contract. The contractor

will be entitled to recover, from the Customer, payment for Work executed and for

loss with respect to materials, equipment, tools, and construction equipment and

machinery, including overhead and profit at the rate of 20% and any other

damages incurred by the Contractor. After termination of this Contract, Contractor is

relieved from any other contractual obligations, including all punch-list and/or

warranty work.

By Customer: Customer shall have the right to terminate this Contract if

Contractor defaults, persistently fails, neglects to carry out the Work in accordance

with this Contract, or fails to perform a provision of the Contract. Prior to termination,

Customer shall give Contractor 7 days' written notice of the failures and

deficiencies, and Contractor shall have seven days from receipt of said notice to cure

any such failure or deficiency. If the unpaid balance of the Contract Amount

exceeds the costs of finishing the Work, such excess shall be paid to the Contractor, but

if such costs exceed such unpaid balance, the Contractor shall pay the difference to

The Customer, subject to the limitation of liability outlined in these Terms and

Conditions.

Waiver – Any term or provision of this Contract may be waived, or the time for

its performance may be extended, by the party entitled to the benefit thereof. The

failure of any party to enforce any provision of this Contract shall not be construed

as a waiver of such provision.

Dispute Resolution - The parties will attempt in good faith to resolve through

negotiation any dispute, claim, or controversy arising out of or relating to this

agreement. Any party may initiate negotiations by providing written notice in letter

form to the other party, setting forth the subject of the dispute and the relief

requested. The recipients of such notice will respond in writing within five business

days with a statement of their position on and recommended solution to the

dispute.

Choice of Law - This Contract is to be construed under the laws of Kansas.

Any action arising from or in connection with this Contract shall be brought in any

Court of competent jurisdiction in Jackson County, Missouri, or in the United States

District Court for the Western District of Missouri.

Assigns -This Contract shall be binding upon the heirs, executors,

administrators, successors, survivors, and assigns of the respective parties.

Neither party shall assign this Contract without the other party’s written consent.

Complete Agreement - This Contract sets forth the entire and integrated

agreement between Customer and Contractor and supersedes any and all prior

agreements, representations, and negotiations. No verbal agreement or

conversation with any representative or employee of Contractor, either before or

after execution of the Contract, shall affect or modify any of the terms or obligations

of this Contract. Any future contract modification shall be made in writing

and executed by the Contractor and Customer.

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.

Severability - If any term of this Agreement is to any extent invalid, illegal, or

incapable of being enforced, such term shall be excluded to the extent of such

invalidity, illegality, or unenforceability; all other terms hereof shall remain in full.