Terms of Service – Birnie Plumbing & Drains

Effective Date: 2026-01-01

These Terms of Service (“Terms”) govern the use of services, website access, communications, and interactions with Birnie Plumbing & Drains (“Birnie”, “we”, “our”, “us”).

By requesting service, approving work, accessing our website, communicating with our team, or otherwise engaging with Birnie Plumbing & Drains, you acknowledge and agree to these Terms.

1. Scope of Services

Birnie Plumbing & Drains provides residential and commercial plumbing, drain, sewer, trenchless, excavation, water quality, diagnostic, inspection, maintenance, and related services.

All recommendations, pricing, and service solutions are based on observable site conditions at the time of inspection. Hidden conditions, concealed defects, inaccessible systems, deteriorated infrastructure, undocumented prior repairs, or unforeseen circumstances may alter the required scope of work.

All work performed is subject to customer authorization prior to commencement.

2. Estimates, Pricing & Quotations

• Estimates are based on visible and accessible conditions at the time of inspection.

• Preliminary discussions, verbal conversations, website pricing references, advertisements, or rough estimates do not constitute binding quotations.

• Final pricing may change if additional work, hidden defects, safety concerns, code deficiencies, accessibility issues, structural limitations, or unforeseen conditions are discovered.

• Birnie Plumbing & Drains reserves the right to revise pricing where conditions materially differ from original observations.

• No work shall proceed without customer approval of the revised scope where applicable.

All quoted pricing remains valid only for the time period specified on the estimate or invoice.

3. Scheduling, Site Access & Work Conditions

Customers agree to:

• Provide accurate contact and service information

• Ensure safe, lawful, and reasonable access to the property and work area

• Secure pets and remove obstacles prior to arrival

• Disclose known hazards, defects, or unsafe conditions

• Ensure utilities and systems required for diagnosis or repair are reasonably accessible

Birnie Plumbing & Drains reserves the right to delay, reschedule, or refuse service where:

• Unsafe conditions exist

• Access is restricted

• Required approvals are unavailable

• Environmental or structural risks are identified

• Harassment, abuse, or threatening conduct occurs

Missed appointments, denied access, or inaccessible work areas may result in additional charges or rescheduling.

4. Payment Terms

• Payment is due immediately upon completion of work unless otherwise agreed in writing.

• Deposits may be required for certain services, materials, equipment, or scheduled work.

• Unpaid balances may accrue interest where permitted by law.

• Birnie Plumbing & Drains reserves the right to suspend future service for overdue accounts.

• Customers are responsible for all reasonable collection costs, legal fees, administrative expenses, and recovery costs associated with unpaid balances where permitted by law.

Returned payments, declined transactions, or chargebacks may result in additional administrative fees.

5. Cancellations & Rescheduling

We request reasonable notice for cancellations or schedule changes.

Birnie Plumbing & Drains reserves the right to charge cancellation, dispatch, diagnostic, or restocking fees where:

• Appointments are cancelled without reasonable notice

• Materials or equipment were specially ordered

• Technicians were dispatched

• Access to the property is denied upon arrival

Repeated last-minute cancellations may result in restricted scheduling availability.

6. Pre-Existing Conditions & System Failure

Customers acknowledge and accept that plumbing, drainage, sewer, and water systems may contain hidden defects, deterioration, blockages, structural failures, improper prior repairs, corrosion, root intrusion, shifting, cracking, or other pre-existing conditions not visible during inspection.

Customers further acknowledge that:

• Drain cleaning, hydro jetting, cabling, descaling, pressure testing, excavation, camera inspections, and related procedures may expose or reveal pre-existing weaknesses or failures

• Aging or compromised systems may fail during or after service despite reasonable care

• Previously damaged or deteriorated infrastructure may not withstand standard servicing procedures

Birnie Plumbing & Drains shall not be responsible for failures, leaks, breaks, backups, flooding, cracking, shifting, or related damages resulting from pre-existing conditions, hidden defects, aging infrastructure, or structurally compromised systems.

7. Limitation of Liability

To the maximum extent permitted by applicable law:

• Birnie Plumbing & Drains shall not be liable for indirect, incidental, consequential, special, punitive, or economic damages.

• Liability for any claim arising from services provided shall be strictly limited to the amount paid for the specific services directly giving rise to the claim.

• Birnie Plumbing & Drains shall not be liable for:

  • Pre-existing damage or defects

  • Structural cracking or settlement unrelated to negligence

  • Mold, mildew, corrosion, rot, or environmental contamination

  • Municipal sewer or water system failures

  • Weather-related events

  • Groundwater conditions

  • Power outages

  • Third-party actions or contractor work

  • Delays outside reasonable control

  • Concealed or inaccessible conditions

No warranty or guarantee is provided beyond any express written warranty specifically included on an invoice or agreement.

8. Property Protection & Site Conditions

Birnie Plumbing & Drains takes reasonable precautions to protect customer property and maintain safe work practices.

However, customers acknowledge that plumbing, drain, sewer, excavation, and diagnostic work may involve:

• Access through finished areas

• Cutting, drilling, excavation, or removal of materials

• Dust, vibration, noise, moisture, or temporary disruptions

• Exposure of concealed conditions or prior damage

Customers are responsible for protecting valuables, fragile items, electronics, flooring, landscaping, and other sensitive property near work areas.

Birnie Plumbing & Drains is not responsible for incidental or unavoidable impacts reasonably associated with authorized work.

9. Website Use, Intellectual Property & Acceptable Use

All website content, including but not limited to:

• Logos

• Branding

• Graphics

• Layouts

• Service descriptions

• Written content

• Code

• Images

• Videos

• Downloads

• SEO structures

• Metadata

• Structured data

• Sitemap files

• Page structures

• Designs

• Custom functionality

are the exclusive property of Birnie Plumbing & Drains or its licensors and are protected by applicable copyright, trademark, intellectual property, and unfair competition laws.

Without prior written permission, users, organizations, competitors, bots, scrapers, automated systems, AI systems, or third parties may not:

• Copy, reproduce, scrape, harvest, extract, download, republish, mirror, cache, or distribute website content

• Use automated tools, bots, crawlers, spiders, scripts, or AI agents to collect website data

• Reuse or imitate service pages, city pages, sitemap structures, SEO structures, metadata, schema, or page organization

• Train artificial intelligence, machine learning, or language models using website content

• Use website content for competing commercial purposes

• Replicate branding, visual identity, layouts, or marketing structures

• Interfere with website security, functionality, or performance

• Attempt unauthorized access to systems, forms, servers, or infrastructure

• Submit misleading, fraudulent, or malicious information

Sitemaps, robots.txt files, structured data, and technical SEO assets are provided solely for legitimate search engine indexing and website functionality and may not be reused for competitive analysis, lead harvesting, AI training, or content replication.

Birnie Plumbing & Drains reserves all rights to pursue legal remedies, injunctive relief, damages, restrictions, blocking, or enforcement actions against unauthorized use.

10. Communications Consent

By contacting Birnie Plumbing & Drains or requesting service, customers consent to receiving:

• Calls

• Emails

• SMS/text messages

• Appointment reminders

• Estimate follow-ups

• Service-related notifications

• Review or feedback requests

Message and data rates may apply.

Customers may opt out of marketing communications at any time; however, essential service-related communications may still be sent where necessary.

11. Warranty Limitations

Any workmanship warranty provided applies only to the specific work performed by Birnie Plumbing & Drains and does not extend to:

• Pre-existing conditions

• Customer-supplied materials

• Previously repaired systems

• Improper use or neglect

• External system failures

• Freezing, weather, shifting, or environmental conditions

• Work performed by third parties

Warranty coverage is void where unauthorized modifications or third-party alterations occur.

12. Force Majeure

Birnie Plumbing & Drains shall not be liable for delays, interruptions, or inability to perform services resulting from causes beyond reasonable control, including but not limited to:

• Weather events

• Natural disasters

• Municipal issues

• Supply shortages

• Equipment failure

• Labour disruptions

• Government actions

• Emergencies

• Utility outages

13. Governing Law

These Terms shall be governed by and interpreted in accordance with the laws of the Province of Ontario and the applicable laws of Canada.

Any disputes arising from these Terms or related services shall be subject to the exclusive jurisdiction of the courts located in Ontario, Canada.

14. Changes to Terms

Birnie Plumbing & Drains reserves the right to update, modify, or revise these Terms at any time without prior notice.

Updated versions shall become effective upon posting to our website.

Continued use of our services or website constitutes acceptance of the revised Terms.

15. Contact Information

Birnie Plumbing & Drains
Phone: 877-578-4659