Pipe Renewal Terms & Conditions

“Affected Pipe”: The specific sewer or drain line segments in which inspection, cleaning, lining, coating, or other services are to be performed.

“Agreement”: This document, the executed Proposal, any Change Orders, the applicable Warranty Certificate (if issued), and all attachments, forming the entire integrated contract.

“CIPP”: Cured-In-Place Pipe Lining, a trenchless renewal method using a resin-saturated liner inserted into the existing pipe, expanded, and cured (by ultraviolet (UV) light, heat, or steam) to form a structural pipe-within-a-pipe.

“Change Order”: A written, signed modification altering Scope, Contract Price, or Schedule after execution of this Agreement.

“Client”: The person, entity, property owner, authorized representative, or contracting party identified in the Proposal as the recipient of services, including heirs, successors, or assigns.

“Contractor”: Southeast Services of the Treasure Coast, Inc., including its successors and assigns.

“Contract Price”: The total amount stated in the Proposal as adjusted by authorized Change Orders.

“Project”: The Work to be performed in full at the Property.

“Property”: The real property identified in the Proposal where the Work will be performed, including all buildings, fixtures, and improvements thereon.

“Proposal”: The written scope of work, pricing, and project details provided by Contractor and accepted by Client.

“SIPP”: Spray-In-Place Pipe Lining (also referred to as “Epoxy Coating,” “Epoxy Pipe Lining,” or “Brush-Applied Epoxy”), a trenchless renewal method in which an epoxy resin, polymer, or polyurea coating is applied (by robotic spray head, centrifugal spinner, or manual brush applicator) directly to the interior surface of an existing pipe to seal leaks, prevent corrosion, and extend the service life of the host pipe. Unlike CIPP, SIPP creates a protective barrier coating rather than a structural pipe-within-a-pipe.

“Warranty”: The written warranty certificate issued by Contractor for the Work, which sets forth the conditions, exclusions, and claim procedures governing warranty coverage as detailed in this Agreement and the Proposal.

“Work”: All construction, improvements, renewal, and services this Agreement requires, including all labor, materials, equipment, and services to fulfill the Contractor’s obligations.

The Contractor is Southeast Services of the Treasure Coast, Inc., with a principal mailing address of 815 10th Court SW, Vero Beach, FL 32962. The Client is the person or entity identified in the Proposal. All notices required under this Agreement must be in writing and delivered by certified mail, nationally recognized overnight delivery service, or electronic mail to the addresses identified in the Proposal.

The Contractor will perform the Work described in the Proposal in a professional, workmanlike manner consistent with industry standards, the Florida Building Code, and all applicable laws. Unless specifically included in the Proposal, the Contract Price excludes:

• Site, property, or water damage resulting from cleaning or descaling
• Repair or replacement of fixture waste arms and p-traps
• Landscape restoration
• Cosmetic repairs (including but not limited to drywall, paint, flooring, cabinets, finishes, walls, ceilings, and any other interior or exterior cosmetic surface)
• Replacement of shower pans
• Site safety, security, or other implied requirements beyond what is explicitly stated in the Proposal
• Any item listed as a Warranty Exclusion, or any additional work beyond what is explicitly stated in the Proposal

The Client expects and accepts minor collateral damage inherent to interior plumbing work (e.g., small drywall cuts, dust, and noise).

The Client represents that it has full authority to contract for the Work. The Client shall:

• Provide continuous, unobstructed access to all Work areas and vent stacks.
• Maintain at least ten (10) feet of clear workspace around all access points.
• Provide suitable on-site parking for up to four (4) vehicles and equipment.
• Coordinate and notify occupants of any utility shutdowns or relocation requirements.
• Ensure pets, valuables, and personal items are secured.
• Execute and facilitate all necessary documents promptly to avoid causing Project delays.
• Disclose any special safety or access protocols, prevailing wage requirements, or Davis-Bacon requirements prior to signing the Proposal. Failure to disclose prevailing wage or Davis-Bacon requirements before execution will result in a $6,500 administrative fee to offset labor rate adjustments and added administrative burden.
• Refrain from running water or using the drainage system in any manner while it is under repair until the Contractor issues clearance. Unauthorized use may trigger additional fees of up to $5,000 per event, plus labor and charges for damaged materials and/or equipment, and/or for correcting installation issues stemming from unauthorized water or drainage system use.

Client acknowledges that the Work may require access to roofs, walls, exterior hardscape, and other areas of the Property. Contractor will exercise reasonable care when accessing all areas but cannot guarantee zero damage to any surface. The following terms apply:

5.1 General Access

Client must ensure clear, continuous access to the Property, including all Work areas, elevator use, and staging areas.

5.2 Roof Access

Roof access may be required to reach vent piping. Client releases the Contractor from liability for scratched, cracked, broken, or displaced tiles or shingles resulting from roof access. For metal roofs, Client additionally releases the Contractor from liability for dents, bends, creases, punctures, scuffs, loosened fasteners, or any other deformation or cosmetic damage to metal panels, standing seams, or associated flashing caused by foot traffic, equipment placement, or tool use. Client releases Contractor from liability for physical, electrical, or performance damage to or caused by any solar panel system during roof access, and assumes all repair or recalibration costs related to solar panels. Client is responsible for any and all roof repairs, regardless of roof type or material.

5.3 Exterior Hardscape

If any pipe segment exits into an area where pavers, concrete, or other hardscape is present, Contractor is not responsible for any damaged or broken hardscape materials encountered in the effort to access the drainage piping. Contractor recommends the Client hire a qualified contractor to remove and restore hardscape materials before and after the pipe renewal is completed.

5.4 Pre-Existing, Concealed & Unknown Conditions

Contractor is not responsible for damage to fragile or pre-existing conditions unless caused by its negligence, and will not be liable for pipe failures during cleaning or lining of structurally compromised lines. Contractor is further not responsible for concealed, subsurface, or latent conditions, including but not limited to collapsed lines, undocumented utilities, asbestos, contaminated soils, or groundwater. Discovery of any such condition will necessitate a Change Order to cover delays, redesign, or additional work.

5.5 Unoccupied Property

If the Property will be unoccupied during the Work, Client grants Contractor permission to enter during standard project hours (generally Monday through Friday, 7:00 AM to 7:00 PM) solely to complete the Work. Client releases Contractor from liability for ordinary activities performed in good faith at an unoccupied Property.

Unless otherwise stated in the Proposal, fifty percent (50%) of the Contract Price is due upon execution and the balance is due immediately upon substantial completion.

For Commercial Projects: all invoices carry NET 15 terms. Progress payments are required on long-duration projects that extend beyond a single calendar month. Paper checks require written approval and an overnight courier. Balances unpaid more than thirty (30) days after the due date accrue interest at one and one-half percent (1.5%) per month. Contractor may suspend Work or withhold warranty service for non-payment. All remobilization costs and schedule delays resulting from suspension shall be at the Client’s expense. Contractor retains the right to file a construction lien against the Property from commencement of Work until ninety (90) days after substantial completion to secure all amounts due.

The Client acknowledges that pipe renewal may expose hidden defects, such as collapsed sections, back-pitch, or inaccessible lines, which constitute unforeseen conditions that could not reasonably have been detected before Work begins.

If unforeseen conditions require Work beyond the original scope, the Contractor will issue a written Change Order detailing the additional cost and schedule impact. A Change Order becomes effective only when signed by both parties. Should the Client decline to sign a recommended Change Order, the Contractor will exclude the Affected Pipe(s) from the scope of Work, and all warranties for those portions will be void.

In that event, or if any unforeseen condition renders a pipe segment non-serviceable, any credit or price adjustment shall be granted, if at all, solely at the Contractor’s discretion based on Contractor’s investigative time on the Affected Pipe(s). Except for a discretionary credit extended under this clause, the Client irrevocably waives all claims, set-offs, or price reductions arising from omissions of work or changes to the original scope caused by unforeseen conditions or the Client’s rejection of a Change Order.

7.1 Change Order & Credit Pricing Index

Unless otherwise stated in the Proposal or a signed Change Order, the following charges apply when required beyond the Proposal’s inclusions:

Any additional required Change Orders outside of the defined pricing index above will be discussed in depth with the assigned project manager for further consideration.

If the cost of materials increases by more than five percent (5%) from the date of Proposal execution to the date of procurement, Contractor reserves the right to issue a Change Order to cover the increase.

Contractor anticipates completing the Project within the timeframe stated in the Proposal (or thirty (30) working days after commencement if not specified), subject to force majeure, material delays, Change Orders, and Client delays. A working day is any weekday on which Contractor can work without external interference. Upon substantial completion, Contractor will notify Client and request a final walk-through. Items outside the original Scope constitute Change Orders, and acceptance is governed by Section 12.

9.1 Project Schedule Modifications

Rescheduling within five (5) business days of mobilization may incur a rescheduling fee of up to five percent (5%) of the project total, depending on the circumstances of the rescheduling request.

Contractor complies with the Florida Building Code for Rehabilitation of Building Sewers & Building Drains based on the latest edition of Florida Building Code, Plumbing Section 718.1 and Residential Section P3012.1. All applicable permits and inspections will be obtained as required by law.

The applicable warranty for each Project shall be as stated in the Proposal. Warranty coverage varies by renewal method as summarized below. All warranty terms apply uniformly to residential and non-residential projects.

11.1 CIPP Projects: Limited Lifetime Warranty

Contractor warrants that each Cured-In-Place Pipe (CIPP) liner furnished and installed under this Agreement will remain structurally sound and free from material or workmanship defects for as long as the warranted Affected Pipe remains in service at the Property (“Lifetime”).

Transferability: The active Lifetime Warranty may be transferred one (1) time within thirty (30) days after title to the Property changes, provided the transferee (a) registers the transfer with Contractor in writing and (b) pays the then-current administrative transfer fee. Failure to satisfy any of these requirements voids the warranty.

11.2 SIPP / Epoxy Coating: Limited Three-Year Warranty

Contractor warrants that each Spray-In-Place Pipe (SIPP) lining or epoxy coating (whether spray-applied, centrifugally applied, or brush-applied) furnished and installed under this Agreement will remain free from material or workmanship defects for a period of three (3) years from the date of substantial completion (“SIPP Warranty Period”). This three-year maximum warranty applies to all SIPP and epoxy coating installations.

Nature of Epoxy Coating: Client acknowledges that SIPP and epoxy coating create a protective barrier coating on the interior surface of the existing host pipe, which differs materially from CIPP structural lining. Epoxy coatings exhibit various performance characteristics, including, but not limited to, adhesion variability depending on host pipe condition, susceptibility to chemical and thermal degradation, and potential delamination from the host pipe over time. These inherent characteristics of epoxy coating technology are reflected in the shorter warranty period compared to CIPP.

Scope of SIPP Warranty Coverage: This warranty covers: (i) complete delamination or separation of the epoxy coating from the host pipe due to improper surface preparation or application by Contractor; (ii) pinholes, voids, or holidays in the epoxy coating resulting from Contractor’s workmanship; and (iii) premature coating failure attributable to defective materials supplied by Contractor.

SIPP Warranty Exclusions (in addition to the general exclusions in Section 11.4): This SIPP warranty does not cover: (a) gradual wear, thinning, or erosion of the epoxy coating under normal use conditions; (b) delamination, blistering, or coating failure caused by chemical exposure exceeding normal DWV system parameters (including but not limited to industrial solvents, caustic drain cleaners, or concentrated acids); (c) coating degradation resulting from sustained thermal exposure exceeding the manufacturer’s rated temperature range; (d) coating failure in pipe segments where the host pipe substrate was structurally compromised, excessively corroded, or otherwise unsuitable for epoxy adhesion at the time of application; or (e) cosmetic imperfections, minor surface irregularities, or color variations that do not impair the functional performance of the coating.

No Lifetime Warranty for SIPP: Notwithstanding any other provision of this Agreement, the Proposal, or any oral or written representation, the maximum warranty period for any SIPP or epoxy coating installation shall not exceed three (3) years from the date of substantial completion. No lifetime, extended, or supplemental warranty is available for SIPP or epoxy coating work.

11.3 Warranty Conditions Precedent

The applicable warranty (whether Lifetime or Three-Year) becomes effective only after Contractor receives payment in full of the Contract Price and all approved Change Orders.

11.4 Warranty Exclusions

No warranty issued under this Agreement covers:

• Design or pre-existing structural defects in the piping system, including back-pitch of pipe segments
• Pipe segments not treated by Contractor
• Blockage, failure, or damage from misuse, negligence, or introduction of foreign objects or harsh chemicals
• Acts of God, acts of third parties, vandalism, or events beyond Contractor’s control
• Chemical or thermal exposure outside normal use parameters
• Damage arising from unauthorized repairs, alterations, or connections
• Any other exclusions stated in the Warranty Certificate or the applicable subsection of this Section 11

Client acknowledges that installation of CIPP or SIPP may slightly reduce internal pipe diameter and flow relative to new piping and accepts this trade-off.

11.5 Client Warranty Obligations

Client must (a) operate the drainage system in accordance with industry practice, (b) avoid flushing prohibited items or chemicals, and (c) keep clean-out access points unobstructed. Failure to comply voids the warranty.

11.6 Warranty Claim Procedure

All warranty claims must be submitted by email to solutions@southeastservices.com. Client must provide written notice of an alleged defect within thirty (30) days of discovery, include proof of purchase, allow Contractor reasonable access for inspection, and refrain from making repairs without Contractor’s written consent. Contractor will determine coverage within thirty (30) days after inspection.

Service Fee for Unfounded Claims: If Contractor’s inspection determines that a reported issue is not covered by the applicable warranty, Client shall pay a standard service fee of $750.00 plus any cleaning charges. Failure to pay within seven (7) days voids the warranty.

Third-Party Diagnostics: Should the Client employ a licensed provider to inspect the alleged defect before notifying the Contractor, no reimbursement for that service will be provided.

11.7 Exclusive Remedy & Disclaimer

If a covered defect is confirmed under the active warranty, Contractor will, at its sole option, (i) repair the liner or coating, (ii) replace the affected section, or (iii) refund the portion of the Contract Price allocable to the defective Work. THESE REMEDIES ARE CLIENT’S SOLE AND EXCLUSIVE REMEDIES.

DISCLAIMER OF OTHER WARRANTIES: EXCEPT FOR THE EXPRESS WARRANTIES IN THIS SECTION, CONTRACTOR MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

All Work will be deemed accepted by the Client unless written notice of a defect or nonconformance is provided within seven (7) calendar days after completion of the applicable portion of the Work. Failure to provide timely written notice constitutes full and final acceptance.

Contractor’s total cumulative liability arising from this Agreement, the Work, or any related claim, whether arising from breach of contract, tort (including negligence), strict liability, or otherwise, shall not exceed the total Contract Price paid to Contractor under this Agreement. In no event shall Contractor be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, business interruption, or diminution of value. Nothing in this Section limits any liability for gross negligence, willful misconduct, or fraud, or any liability that cannot be limited under Florida law.

Contractor may assign this Agreement, in whole or in part, to any qualified contractor without further consent from Client. The assignee shall assume all rights and obligations hereunder, and Contractor shall have no liability for the assignee’s acts or omissions occurring after the effective date of assignment. Client may not assign this Agreement, voluntarily or by operation of law, without Contractor’s prior written consent.

Client agrees to defend, indemnify, and hold harmless Contractor, its officers, employees, and subcontractors from and against all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising from: (i) Client’s breach of this Agreement, negligence, or willful misconduct; (ii) claims from third parties or occupants unrelated to Contractor’s scope; (iii) pre-existing site conditions not disclosed prior to Project commencement; or (iv) Client’s failure to comply with applicable laws. This indemnity does not apply to the extent any claim is caused by the negligence or willful misconduct of Contractor.

Contractor shall not be liable for any delay or failure to perform its obligations under this Agreement if such delay or failure arises from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, severe weather, fire, flood, labor disputes, civil unrest, war, acts of terrorism, pandemic-related delays, utility failures, and supply chain disruptions. In the event any such circumstances arise, the Project schedule shall be reasonably extended to account for the duration of the delay, and any associated change in material cost shall be addressed under Section 8.

Client is in default if it fails to provide access, fails to make required payments, or breaches any material provision of this Agreement. After seven (7) days written notice and opportunity to cure, Contractor may suspend Work, terminate the Agreement, and pursue all legal remedies. Work and warranties are suspended during any default. Contractor reserves and Client acknowledges Contractor’s right to record a construction lien if payment is not made as required by law.

As a condition precedent to litigation or arbitration, the parties shall engage in good-faith mediation in Indian River County, Florida.

Arbitration: Any dispute not resolved in mediation shall be submitted to binding arbitration under the American Arbitration Association Construction Rules in Indian River County. The award may be entered in any court of competent jurisdiction.

Venue: The exclusive venue for any litigation or arbitration is Indian River County, Florida. Florida law governs this Agreement.

For residential projects, Client may cancel the Agreement without penalty within the greater of (a) seventy-two (72) hours of execution or (b) any longer cancellation period required by applicable Florida law, including the Florida Home Solicitation Sales Act where applicable. If Client cancels after the applicable cancellation period, Client shall pay Contractor for all costs actually incurred through the date of cancellation (including labor, materials, mobilization, equipment, and permitting), plus fifteen percent (15%) of such incurred costs as compensation for overhead and lost opportunity. In no event shall this amount exceed the Contract Price.

Client acknowledges that trenchless renewal using CIPP or SIPP may release odors or fumes during installation and curing. It is the Client’s responsibility to notify tenants, employees, or occupants and to coordinate access, ventilation, or temporary relocation as needed. Contractor is not responsible for complaints, sensitivity reactions, or claims related to odor exposure.

Client consents to Contractor using images or video of the Project site for documentation, quality assurance, training, and promotional purposes, including but not limited to website content, social media, marketing materials, and case studies. All proprietary techniques and processes depicted remain the intellectual property of Contractor.

Electronic Signatures. Signatures executed via DocuSign, PDF, or other digital methods are legally binding under the Florida Uniform Electronic Transaction Act and the federal ESIGN Act.

Attorney’s Fees. The substantially prevailing party in any action or arbitration arising from this Agreement is entitled to recover reasonable attorneys’ fees and costs from the non-prevailing party.

Severability. If any provision of this Agreement is deemed invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.

Entire Agreement. This Agreement constitutes the entire understanding between the parties, superseding all prior agreements, representations, and negotiations. Amendments must be in writing and signed by both parties.