These Terms and Conditions (the “Agreement”) govern every proposal, work authorization, and contract issued by Innovative Building Systems, LLC d/b/a Pipeliner Pros (“Contractor”) for trenchless pipeline inspection, cleaning, repair, rehabilitation, or related services performed at a residential property, including single-family homes, townhomes, and individual residential units. Work performed at non-residential properties, including multi-family, commercial, governmental, and industrial properties, is governed by Contractor’s separate Non-Residential Pipeline Rehabilitation Contract Terms & Conditions. Where the Proposal identifies the Property as residential, this Agreement controls.

By signing any Proposal or allowing the Work to commence, the property owner, authorized representative, or contracting entity (“Client”) accepts this Agreement in its entirety. Collectively, the Proposal, any authorized Change Orders, and these Terms shall constitute the “Agreement.” These Terms are governed by and enforceable under the laws of the State of Florida.

1. DEFINITIONS

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

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

“Certified Installation Partner”: Any licensed subcontractor, sub-subcontractor, or third-party service provider engaged by Contractor to perform any portion of the Work, who has been verified by Contractor to hold all necessary state and local licenses, insurance, and credentials required under Florida law for the services rendered.

“CIPP”: Cured-In-Place Pipe Lining, a trenchless rehabilitation method using a resin-saturated liner inserted into the existing pipe, expanded, and cured (by heat, steam, or UV light) 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”: Pipeliner Pros (Innovative Building Systems, LLC), including its successors, assigns, and Certified Installation Partners.

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

“DWV System” means the drain, waste, and vent piping at the Property, including all sanitary drain lines, waste lines, vent stacks, and associated fittings. The DWV System does not include the potable water supply system.

“Epoxy Coating”: See “SIPP.”

“Pre-Existing Defect” means any hole, crack, break, fracture, separated or displaced joint, failed or improper connection, corrosion perforation, prior repair, abandoned line, or other condition in the DWV System or the Property that existed before Contractor commenced the Work, whether or not it was visible, disclosed, detectable, or actually known to either party.

“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 rehabilitation 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.

“Site”: The physical property where the Project is to be performed.

“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.

“Water Escape Event” means any release, discharge, seepage, or migration of water or wastewater from the DWV System through a Pre-Existing Defect during or as a result of the Work.

“Water Supply Components” means all components of the potable water supply system at the Property, including water supply valves (also called angle stops or shut-off valves), supply lines and risers, escutcheons and compression fittings, toilet tanks, bowls, fill valves, flappers, flush valves, tank bolts and gaskets, wax rings and closet flanges, faucets, hose bibbs, and the main water shut-off.

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

2. PARTIES & NOTICE INFORMATION

The Contractor is Innovative Building Systems, LLC d/b/a Pipeliner Pros, with a principal mailing address of 3401 N Miami Avenue, Suite 230, Miami, FL 33127.

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.

3. SCOPE OF WORK & EXCLUSIONS

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:

1. Repair or replacement of fixture waste arms and p-traps
2. Exterior lateral piping from the structure to a municipal or septic connection
3. Landscape restoration
4. Cosmetic repairs (including but not limited to drywall, paint, flooring, cabinets, finishes, walls, ceilings, and any other interior or exterior cosmetic surface)
5. Replacement of shower pans
6. Repair, restoration, remediation, or drying of any damage arising from a Water Escape Event, as allocated in Section 3A.1
7. Repair, replacement, or restoration of any Water Supply Components, and any damage arising from their failure, as allocated in Section 3A.2
8. Mold assessment, mold remediation, moisture remediation, or air quality testing of any kind, as allocated in Section 3A.3
9. Site safety, security, or other implied requirements beyond what is explicitly stated in the Proposal
10. Any item listed as a Warranty Exclusion
11. 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). This Section 3 addresses what is and is not included in the Contract Price. Section 3A separately allocates liability and risk of loss between the parties, and nothing in this Section 3 limits, qualifies, or is limited by Section 3A.

3A. WATER ESCAPE, WATER SUPPLY COMPONENTS, AND MOISTURE

This Section 3A allocates the risk of water damage between Client and Contractor. Client should read it in full before signing.

3A.1 Water Escape from the Existing Drainage System

Client acknowledges that the Work is performed on an existing DWV System that is known or reasonably suspected to be deteriorated, corroded, cracked, broken, separated, or otherwise compromised, and that this condition is the reason Client has retained Contractor.

Client further acknowledges that video inspection, cleaning, descaling, hydro jetting, root cutting, air or water testing, liner installation, resin curing, robotic reinstatement, and every other component of the Work require the introduction of water, air pressure, steam, heat, or mechanical force into the DWV System, and that any of these activities may cause a Water Escape Event through a Pre-Existing Defect, including migration into walls, ceilings, cabinets, insulation, flooring, subfloor, slab, foundation, or surrounding soil.

Client expressly assumes the risk of a Water Escape Event and releases Contractor, its officers, employees, agents, and Certified Installation Partners from any and all liability, claims, damages, losses, and expenses of any kind arising from or related to a Water Escape Event, including any such liability, claim, damage, loss, or expense caused in whole or in part by the negligence of Contractor or its Certified Installation Partners, and whether or not the Pre-Existing Defect was visible, detectable, disclosed, or actually known before the Work began.

Client acknowledges that video inspection views only the interior surface of an accessible line, cannot measure remaining pipe wall thickness, cannot assess the exterior of the pipe or the surrounding soil, cannot see through standing water, scale, or blockages, and cannot detect defects in inaccessible, abandoned, or untelevised segments. No inspection, report, footage, or finding provided by Contractor is a representation or warranty that the DWV System is watertight or capable of withstanding the Work without escape.

This release does not apply to damage caused by Contractor’s gross negligence or willful misconduct.

3A.2 Water Supply Components, Toilets, and Fixtures

The Work is performed on the DWV System. It does not include the potable water supply system. Performing the Work routinely requires Contractor to close and reopen water supply valves, to remove and reset toilets and other fixtures, and to disconnect and reconnect supply lines, fill valves, wax rings, and closet flanges.

Client acknowledges that at properties built before 1980 the Water Supply Components are commonly original or long past their service life, that decades of continuous service cause valve stems, seats, and packing to seize, corrode, or fail at the moment the valve is first operated, and that such a failure may occur immediately, or hours, days, or weeks after the component is cycled. Client further acknowledges that a Water Supply Component failure discharges pressurized water continuously until the water supply is shut off, that the resulting damage can be severe, and that the risk is greatest at an unoccupied Property.

Contractor recommends, in every case and without exception, that Client replace all Water Supply Components serving or adjacent to the Work areas before the Work commences, including every water supply valve and supply line, all toilet internal components and wax rings, and any toilet older than fifteen (15) years. Client may retain any licensed plumbing contractor to perform this replacement, or may request that Contractor perform it under a separate signed Change Order.

Unless Client accepts this recommendation in writing before the Work commences and the replacement is completed before the Work commences, Client expressly assumes the risk of, and releases Contractor, its officers, employees, agents, and Certified Installation Partners from any and all liability, claims, damages, losses, and expenses arising from any leak, drip, seepage, burst, separation, or failure of any Water Supply Component, whether the failure occurs during the Work or at any time after Contractor departs the Property, and whether or not caused in whole or in part by the negligence of Contractor or its Certified Installation Partners in closing, opening, removing, resetting, reconnecting, or otherwise operating that component.

This release does not apply to damage caused by Contractor’s gross negligence or willful misconduct.

Client is responsible for knowing the location of, and maintaining unobstructed access to, the main water shut-off for the Property, and for identifying that location to Contractor in writing before the Work commences. If Client cannot identify a functioning main water shut-off, Contractor may decline to proceed until one is located or installed, and any resulting delay is a Client-caused delay under Section 10.

3A.3 Mold, Microbial Growth, and Indoor Air Quality

Contractor performs no mold assessment, mold remediation, moisture remediation, structural drying, or air quality testing of any kind, and holds no Florida license to perform any of them.

Contractor shall have no liability for mold, mildew, fungal or bacterial growth, spore migration, odor, indoor air quality conditions, or any health effect or personal injury alleged to arise from moisture or water intrusion at the Property, whether the condition existed before the Work, arose during the Work, or arose at any time afterward.

Client is solely responsible for retaining a Florida licensed mold assessor or mold remediator, for any structural drying or restoration, and for making any notification its insurance policy requires. Contractor’s obligation upon becoming aware of a Water Escape Event is limited to promptly notifying Client.

3A.4 Client Insurance and Waiver of Subrogation

Client shall maintain property insurance on the Property in force throughout the Work and shall report any water event to its insurer within the period its policy requires.

To the maximum extent permitted by law and by Client’s policy, Client waives, and shall cause its insurer to waive, all rights of subrogation against Contractor, its officers, employees, agents, and Certified Installation Partners for any loss released or excluded under this Section 3A.

3A.5 Occupants and Non-Signatories

If the Property is occupied by any person other than Client, including a tenant, family member, guest, or other occupant, Client shall notify each occupant of the matters described in this Section 3A before the Work commences, shall advise each occupant to remove or protect personal property in and around the Work areas, and shall obtain each occupant’s written acknowledgment in writing.

Client’s obligation to defend, indemnify, and hold harmless Contractor under Section 17 expressly extends to any claim brought by an occupant arising from a Water Escape Event, a Water Supply Component failure, or any condition described in Section 3A.3.

3A.6 Acknowledgment

Client acknowledges that Client has read this Section 3A in full, that Client understands it releases Contractor from liability for water damage that would otherwise be recoverable, including water damage caused in whole or in part by Contractor’s own negligence, that Client has had the opportunity to review this Section 3A with counsel of Client’s choosing before signing, and that Client accepts this allocation of risk knowingly and voluntarily.

4. CLIENT REPRESENTATIONS & RESPONSIBILITIES

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

1. Provide continuous, unobstructed access to all Work areas and vent stacks.
2. Maintain at least ten (10) feet of clear workspace around interior and exterior access points.
3. Provide suitable on-site parking for up to four (4) vehicles and equipment.
4. Coordinate and notify occupants of any utility shutdowns, ventilation needs, or temporary relocation requirements.
5. Refrain from running water, flushing any toilet, operating any appliance connected to the drainage system, or using the drainage system in any manner while it is under repair until Contractor issues clearance, and refrain from opening, closing, or otherwise operating any water supply valve or main water shut-off that Contractor has set for the Work. Unauthorized use may trigger additional fees of up to $3,000 per event plus additional labor and charges for damaged material and equipment to correct installation issues stemming from unauthorized water or drainage system usage. Client is solely responsible for all property damage of any kind, at the Property or at any adjacent property, resulting from unauthorized water use or unauthorized operation of any valve, and Client shall reimburse Contractor for any cost, claim, or expense Contractor incurs as a result.
6. Ensure pets, valuables, and personal items are secured.
7. Execute and facilitate all necessary documents promptly to avoid causing Project delays.
8. Identify to Contractor in writing, before the Work commences, the location of the main water shut-off for the Property and confirm that it is accessible and functional.
9. Disclose all known prior leaks, water intrusion events, insurance claims for water damage, flood events, prior plumbing or pipe repairs, and any known or suspected mold or moisture condition at the Property.
10. Remove or protect all personal property, stored items, and contents from beneath sinks, inside vanities and cabinets, and from floors and adjacent areas within ten (10) feet of any Work area, access point, or fixture to be removed.
11. Maintain property insurance on the Property in force throughout the Work.
12. Notify all occupants of the Property of the matters described in Section 3A and obtain their written acknowledgment as required.

5. CERTIFIED INSTALLATION PARTNERS

Contractor reserves the right, at its sole and absolute discretion, to engage one or more Certified Installation Partners (subcontractors or sub-subcontractors) to perform any portion or the entirety of the Work under this Agreement.

All Certified Installation Partners engaged by Contractor have been independently verified to hold the necessary state and local licenses, insurance coverage, and professional credentials required under the laws of the State of Florida for the specific services being rendered. Contractor maintains sole responsibility for vetting, supervising, and overseeing the quality and performance of all Certified Installation Partners.

Under no circumstances may the Client cancel, refuse, delay, or withhold acceptance of any portion of the Work, nor demand a reduction in the Contract Price, on the basis that a Certified Installation Partner has been assigned to perform any part of the Project. The Client acknowledges and agrees that:

• Contractor’s use of Certified Installation Partners is a standard and accepted practice in the construction and pipeline rehabilitation industry.
• The Client’s contract and warranty obligations are with Contractor (Pipeliner Pros), not with any individual Certified Installation Partner.
• All warranties, guarantees, and performance standards set forth in this Agreement remain fully effective regardless of whether Work is performed by Contractor’s own employees or by Certified Installation Partners.
• Any attempt by the Client to cancel or refuse service based on the use of a Certified Installation Partner shall constitute a material breach of this Agreement, and the Client shall remain liable for the full Contract Price plus any applicable damages, fees, and costs incurred by Contractor.

Contractor shall remain fully responsible for the supervision, quality, and compliance of all Certified Installation Partner performance under this Agreement.

6. PROPERTY ACCESS & SPECIAL WAIVERS

Client acknowledges that roof access may be required to reach vent piping. Contractor will exercise reasonable care but cannot guarantee zero damage to any surface.

6.1 Roof Waiver

Due to the fragile nature of roofs, 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 during roof access. Client is responsible for any and all roof repairs regardless of roof type or material.

6.2 Solar Panel Waiver

Client releases Contractor from liability for physical, electrical, or performance damage to or caused by any Solar Panel System during roof access. Client assumes all repair or recalibration costs.

6.3 Paver Waiver

If any pipe segment exits into an area where pavers are present, Contractor is not responsible for any damaged or broken pavers in the effort to access the drainage piping. Pipeliner Pros highly recommends the Client hire a paver company to remove the pavers prior to the commencement of Work and restore the pavers once the pipe rehabilitation is completed.

6.4 Unoccupied Property

If the Property will be unoccupied during the Work, Client grants Contractor permission to enter during Pipeliner Pros standard project hours, which are generally Monday through Friday from 8:00 AM to 8:00 PM, solely to complete the Work and releases Contractor from liability for ordinary activities performed in good faith.

Client acknowledges that at an unoccupied Property a Water Supply Component failure or a Water Escape Event may continue undetected for an extended period and that the resulting damage may be substantially greater than at an occupied Property. Client assumes this risk in full. If the Property will be unoccupied, Client shall either arrange for a responsible person to inspect the Property at least once every twenty-four (24) hours for the duration of the Work and for seven (7) days afterward, or shall authorize Contractor in writing to shut off the main water supply to the Property at the end of each work day, in which case Contractor is not responsible for any consequence of the water being off.

6.5 Access, Restoration & Risk

Client must ensure clear access to the Site, including utility access, elevator use, and staging areas. Except as otherwise expressly provided in Section 3A and in the waivers set forth in Sections 6.1, 6.2, 6.3, and 6.4, Contractor is not responsible for damage to fragile or pre-existing conditions unless caused by its negligence. Contractor will not be liable for pipe failures, pipe collapse, joint separation, or loss of pipe integrity during inspection, cleaning, descaling, jetting, testing, lining, or curing of structurally compromised lines, or for any Water Escape Event resulting from such a failure. Where this Section 6.5 and Section 3A address the same subject, Section 3A controls.

7. CONTRACT PRICE & PAYMENT

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.

Balances unpaid more than thirty (30) days after the due date accrue interest at one and one-half percent (1.5%) per month, or the maximum rate permitted by Florida law, whichever is less. If any charge under this Agreement is determined to exceed the maximum lawful rate, the charge shall be automatically reduced to the maximum lawful rate and any excess collected shall be applied to principal or refunded.

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.

Contractor reserves the right to suspend Work without liability if payment is not received in accordance with this Agreement. All remobilization costs and schedule delays resulting from suspension shall be at the Client’s expense.

8. CHANGE ORDERS & CREDITS

The Client acknowledges that pipe rehabilitation can expose hidden defects, such as collapsed sections, back-pitch, or inaccessible lines, which are considered unforeseen conditions that cannot be reasonably 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 the time investment in the investigative efforts to determine the feasibility of Work to be completed 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.

8.1 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.

9. MATERIAL SURCHARGES

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.

10. SCHEDULE, COMPLETION, & WALK-THROUGH

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.

10.1 Rescheduling Fee

Once Contractor’s Scheduling Coordinator has contacted Client and a Project start date has been confirmed, that date is binding on Client. If Client thereafter requests to reschedule a confirmed Project start date for any reason, Client shall pay a rescheduling fee equal to fifteen percent (15%) of the total Contract Price (the “Rescheduling Fee”) before any new start date will be scheduled or confirmed. By way of example, on a Contract Price of $15,000.00, the Rescheduling Fee is $2,250.00. Contractor is under no obligation to schedule, hold, or confirm a new start date until the Rescheduling Fee has been paid in full.

10.2 Remobilization Fee for Failure to Proceed On-Site

If Contractor’s crew arrives at the Property on a confirmed Project start date and is unable to perform or proceed with the Work due to a condition within Client’s control or attributable to Client (including but not limited to denied or obstructed access, an unprepared or occupied Site, unauthorized use of the water or drainage system, undisclosed site conditions Client was required to disclose under Section 4, or non-payment under Section 7), Client shall pay an additional remobilization fee of $2,500.00 (the “Remobilization Fee”). The Remobilization Fee is due in addition to, and not in lieu of, the Rescheduling Fee under Section 10.1, and both fees must be paid in full before Contractor will schedule a new start date.

11. PERMITS & CODE COMPLIANCE

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.

12. SAFETY & SECURITY COMPLIANCE

Client must disclose any special safety or access protocols prior to signing the Proposal. Any unplanned compliance efforts will be billed additionally.

13. WARRANTY

The applicable warranty for each Project shall be as stated in the Proposal. Warranty coverage varies by rehabilitation method and project type as summarized below:

* Residential Lifetime Warranty: Reinstatement fee of $995.00 per missed annual inspection period (max 3 years).

13.1 Residential CIPP Projects: Limited Lifetime Warranty

Contractor warrants that each Cured-In-Place Pipe (CIPP) liner furnished and installed under this Agreement at a residential property 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”).

Mandatory Annual Inspection Plan: For this Lifetime Warranty to remain effective, the Client must contact Pipeliner Pros to schedule an annual inspection of the Affected Property.

(a) Lapse of Inspection Plan: If the Client fails to schedule the mandatory annual inspection, the Lifetime Warranty immediately TERMINATES and retroactively converts to the standard industry warranty of one (1) year for labor and materials, measured from the original date of substantial completion. No further warranty claims will be accepted after that one (1) year period expires.

(b) Reinstatement: Should the Client fail to schedule their mandatory annual inspection, a reinstatement fee of $995.00 per missed annual inspection period, not to exceed three (3) years of missed annual inspections, can be paid to restore their warranty rights.

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, (b) pays the then-current administrative transfer fee, and (c) assumes and continues the Inspection Plan without lapse. Failure to satisfy any of these requirements voids the warranty.

13.3 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 regardless of project type (residential or non-residential).

Nature of Epoxy Coating: Client acknowledges that SIPP and epoxy coating rehabilitation creates a protective barrier coating on the interior surface of the existing host pipe, which differs materially from CIPP structural lining. Epoxy coatings are subject to different performance characteristics, including but not limited to adhesion variability based 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 reduced warranty duration relative 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 13.5): 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.

Mandatory Inspection: For this SIPP warranty to remain effective, the Client must contact Pipeliner Pros to schedule an annual inspection of the coated piping. Failure to schedule the mandatory annual inspection within any year of the SIPP Warranty Period will void the remaining warranty coverage.

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.

13.4 Warranty Conditions Precedent

The applicable warranty becomes effective only after Contractor receives payment in full of the Contract Price and all approved Change Orders.

13.5 Warranty Exclusions

No warranty issued under this Agreement covers:

1. Design or pre-existing structural defects in the piping system including backpitch of pipe segments
2. Pipe segments not treated by Contractor
3. Blockage, failure, or damage from misuse, negligence, or introduction of foreign objects or harsh chemicals
4. Acts of God, acts of third parties, vandalism, or events beyond Contractor’s control
5. Chemical or thermal exposure outside normal use parameters
6. Damage arising from unauthorized repairs, alterations, or connections
7. Any other exclusions stated in the Warranty Certificate or the applicable subsection of this Section 13
8. Any Water Escape Event, and any damage of any kind resulting from a Water Escape Event, as allocated in Section 3A.1
9. Any Water Supply Component, its failure, and any damage of any kind resulting from its failure, whether or not Contractor operated, removed, reset, or reconnected it, as allocated in Section 3A.2
10. Mold, mildew, fungal or bacterial growth, moisture conditions, odor, or indoor air quality conditions, as allocated in Section 3A.3

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.

13.6 Client Warranty Obligations

Client must (a) operate the drainage system in accordance with industry practice, (b) avoid flushing prohibited items or chemicals, (c) keep clean-out access points unobstructed, and (d) timely schedule each annual inspection under the applicable Inspection Plan, and (e) maintain the Water Supply Components at the Property in serviceable condition and promptly repair any leak, seepage, or overflow from any fixture or supply component, whether or not related to the Work. Failure to comply voids the warranty.

13.7 Warranty Claim Procedures

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.

Any claim involving water, moisture, staining, odor, or suspected leakage must be reported to Contractor in writing within seventy-two (72) hours of the condition first becoming apparent to Client or any occupant, and Client shall take reasonable steps to mitigate further damage immediately, including shutting off the water supply. Failure to provide timely notice or to mitigate voids the claim to the extent the delay increased the damage.

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 $350.00 plus any cleaning charges. Failure to pay within seven (7) days voids the warranty.

Third-Party Diagnostic Cap: Should Client employ a licensed plumber to verify an alleged defect before notifying Contractor, Contractor will reimburse up to $350.00 of that diagnostic cost if the claim is ultimately deemed valid. Any excess amount remains the Client’s responsibility.

13.8 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.

14. ACCEPTANCE OF WORK

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.

This Section 14 governs acceptance of the Work as performed. Section 13.7 separately governs notice of warranty claims arising after acceptance, and Section 3A separately governs allocation of water-related risk. Acceptance under this Section 14 does not extend, revive, or create any claim released or excluded under Section 3A.

15. LIMITATION OF LIABILITY

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. This limitation applies to every category of claim, including without limitation any claim for water damage, water intrusion, a Water Escape Event, failure of any Water Supply Component, mold or microbial growth, or damage to real or personal property of any kind.

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, loss of use, cost of alternative accommodation, diminution of value, or loss of rental income.

If any release, waiver, or exculpatory provision in this Agreement, including any provision of Section 3A or Section 6, is held void, unenforceable, or inapplicable in whole or in part by a court or arbitrator of competent jurisdiction, the limitations in this Section 15 shall remain in full force and shall apply to the fullest extent permitted by law to any claim that survives. The parties intend this Section 15 to operate independently of, and to survive the invalidation of, any other risk-allocation provision in this Agreement.

16. ASSIGNMENT

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.

Notwithstanding the foregoing, any assignment of this Agreement shall not relieve Contractor of its obligations under any active Lifetime Warranty issued under Section 13.1 unless the assignee expressly assumes those obligations in writing and Client receives written notice of the assumption.

17. INDEMNIFICATION

Client agrees to defend, indemnify, and hold harmless Contractor, its officers, employees, Certified Installation Partners, 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. (v) any Water Escape Event, any failure of a Water Supply Component, or any condition described in Section 3A.3, including any claim brought by an occupant, tenant, guest, insurer, or subsequent owner of the Property.

To the extent this Section 17 is construed to require Client to indemnify Contractor for damages caused in whole or in part by any act, omission, or default of Contractor, the monetary limitation on the extent of such indemnification shall not exceed the contract value. The parties agree that this limitation bears a reasonable commercial relationship to this Agreement and that specific consideration for this indemnification is included in the Contract Price. Nothing in this Section 17 requires Client to indemnify Contractor for damages arising from Contractor’s gross negligence or willful, wanton, or intentional misconduct.

18. FORCE MAJEURE

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, accident, labor disputes, strikes, civil unrest, war, acts of terrorism, pandemic-related delays, utility failures, supply chain disruptions, or delays in delivery of materials from suppliers. In the event any such circumstances arise, the Project schedule shall be reasonably extended to account for the duration of the delay.

Furthermore, if significant increases in raw material costs occur prior to the commencement of Work due to global events, financial instability, or other factors beyond Contractor’s control, the Contractor reserves the right to revisit and renegotiate contract pricing in good faith to reflect current market conditions. Should a mutual agreement on revised pricing not be reached, either party may elect to terminate the Agreement without penalty.

18.1 Named Storm & Open Access Points

If a tropical storm or hurricane watch or warning is issued for the county in which the Property is located, Contractor may suspend the Work and demobilize without liability. Contractor will take reasonable steps to temporarily cover or secure open access points before demobilizing, but Client acknowledges that a temporary covering is not weatherproof and assumes all risk of water intrusion, wind damage, debris entry, and any resulting damage occurring through any open or temporarily covered access point during a suspension under this Section. Remobilization following a named storm suspension is not subject to the Remobilization Fee under Section 10.2 and shall be scheduled as soon as reasonably practicable.

19. UNKNOWN SITE CONDITIONS

Contractor shall not be responsible for concealed, subsurface, or latent conditions including but not limited to collapsed lines, undocumented utilities, asbestos, contaminated soils, or groundwater. Discovery of such conditions will necessitate a Change Order to cover delays, redesign, or additional work.

19.1 Hazardous Materials Stop Work

If Contractor encounters or reasonably suspects asbestos-containing material, lead-based paint, mold, or any other hazardous or regulated material at the Property, Contractor may immediately suspend the Work in whole or in part without liability and without waiving any right to payment for Work performed. Contractor performs no assessment, testing, abatement, encapsulation, or removal of any hazardous or regulated material and holds no license to do so. Client shall retain a properly licensed consultant and abatement contractor at Client’s sole expense, and the Work shall not resume until Client provides written clearance documentation acceptable to Contractor. All resulting delay is a Client-caused delay under Section 10, and Contractor shall have no liability for any claim, including any claim of exposure or bodily injury, arising from the presence, disturbance, or release of any hazardous or regulated material that Contractor did not bring to the Property.

20. DEFAULT & TERMINATION

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.

21. LIEN RIGHTS; STATUTORY NOTICE

Contractor reserves and Client acknowledges Contractor’s right to record a construction lien if payment is not made as required by law.

NOTICE REQUIRED BY FLORIDA CONSTRUCTION LIEN LAW, FLORIDA STATUTE § 713.015:

ACCORDING TO FLORIDA’S CONSTRUCTION LIEN LAW (SECTIONS 713.001-713.37, FLORIDA STATUTES), THOSE WHO WORK ON YOUR PROPERTY OR PROVIDE MATERIALS AND SERVICES AND ARE NOT PAID IN FULL HAVE A RIGHT TO ENFORCE THEIR CLAIM FOR PAYMENT AGAINST YOUR PROPERTY. THIS CLAIM IS KNOWN AS A CONSTRUCTION LIEN.

IF YOUR CONTRACTOR OR A SUBCONTRACTOR FAILS TO PAY SUBCONTRACTORS, SUB-SUBCONTRACTORS, OR MATERIAL SUPPLIERS, THOSE PEOPLE WHO ARE OWED MONEY MAY LOOK TO YOUR PROPERTY FOR PAYMENT, EVEN IF YOU HAVE ALREADY PAID YOUR CONTRACTOR IN FULL. IF YOU FAIL TO PAY YOUR CONTRACTOR, YOUR CONTRACTOR MAY ALSO HAVE A LIEN ON YOUR PROPERTY.

THIS MEANS IF A LIEN IS FILED YOUR PROPERTY COULD BE SOLD AGAINST YOUR WILL TO PAY FOR LABOR, MATERIALS, OR OTHER SERVICES THAT YOUR CONTRACTOR OR A SUBCONTRACTOR MAY HAVE FAILED TO PAY.

TO PROTECT YOURSELF, YOU SHOULD STIPULATE IN THIS CONTRACT THAT BEFORE ANY PAYMENT IS MADE, YOUR CONTRACTOR IS REQUIRED TO PROVIDE YOU WITH A WRITTEN RELEASE OF LIEN FROM ANY PERSON OR COMPANY THAT HAS PROVIDED TO YOU A “NOTICE TO OWNER.” FLORIDA’S CONSTRUCTION LIEN LAW IS COMPLEX, AND IT IS RECOMMENDED THAT YOU CONSULT AN ATTORNEY.

22. DISPUTE RESOLUTION

ANY CLAIMS FOR CONSTRUCTION DEFECTS ARE SUBJECT TO THE NOTICE AND CURE PROVISIONS OF CHAPTER 558, FLORIDA STATUTES.

Compliance with Chapter 558, Florida Statutes, including service of a written notice of claim and expiration of the applicable pre-suit period, is a condition precedent to mediation, arbitration, or litigation of any claim arising from an alleged construction defect. The parties do not opt out of Chapter 558.

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

Arbitration. Any dispute not resolved in mediation shall be submitted to binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules for residential Clients, or its Construction Industry Rules where the Consumer Rules do not apply, in Miami-Dade County. The award may be entered in any court of competent jurisdiction.

Class Action Waiver. All claims must be brought in the parties’ individual capacities. Neither party may bring, join, or participate in any class, collective, consolidated, or representative proceeding. If this class action waiver is held unenforceable, the arbitration provision shall be void in its entirety and the dispute shall proceed in court.

Jury Trial Waiver. If for any reason a dispute proceeds in court rather than arbitration, each party knowingly and voluntarily waives any right to trial by jury.

Venue. The exclusive venue for any litigation or arbitration is Miami-Dade County, Florida. Florida law governs this Agreement.

23. RIGHT OF RESCISSION

Client may cancel the Agreement within seventy-two (72) hours of execution without penalty. Cancellation thereafter obligates Client to pay fifty percent (50%) of the Contract Price as liquidated damages.

24. OCCUPANT SENSITIVITY DISCLAIMER

Client acknowledges that trenchless rehabilitation 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.

Section 3A.5 separately governs Client’s obligation to notify occupants of, and obtain their acknowledgment regarding, water-related risk, and Contractor is not responsible for any occupant claim arising from a Water Escape Event, a Water Supply Component failure, or any condition described in Section 3A.3.

25. PHOTO & VIDEO CONSENT

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.

26. 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.

27. 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.

28. 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.

29. ENTIRE AGREEMENT

This Agreement, together with the Proposal, all authorized Change Orders, and the applicable Warranty Certificate, constitutes the entire understanding between the parties, superseding all prior agreements, representations, and negotiations. Amendments must be in writing and signed by both parties.

Client represents that in entering this Agreement Client has relied solely on the written terms of this Agreement and the Proposal, and not on any oral or written statement, estimate, projection, representation, or assurance by any representative of Contractor regarding cost savings, project duration, pipe condition, expected outcomes, warranty scope, or any other matter, whether made before or after execution. No representative of Contractor has authority to modify this Agreement or to make any representation inconsistent with it, and Client agrees that no such statement shall form the basis of any claim.

IN WITNESS WHEREOF

By signing the Proposal, Client separately acknowledges having read and understood Section 3A, Water Escape, Water Supply Components, and Moisture.

By signing the Proposal, Client agrees that the terms and conditions above have been reviewed and accepted by both parties and that these terms govern the relationship between the Client and Contractor. For residential projects, the Client shall have seventy-two (72) hours to rescind their signature on the Proposal, after which this Agreement shall be binding upon the Client.