Terms and Conditions

Invoice Terms and Conditions

Effective Date: Nov 1, 2025

1 . Agreement to Terms
These Terms and Conditions of Service (“Agreement”) are entered into by and between Nowthen Plumbing (“Nowthen Plumbing”) and the client identified in the associated invoice, estimate, job ticket, or other written communication (“Client”). By accepting services, signing an estimate, authorizing work via email, app, phone, text message, or other electronic means, or paying for any services or invoice, the Client agrees to be bound by this Agreement.

The individual requesting work or representing the Client affirms they are authorized to do so and that they have obtained mutual consent from all spouses, domestic partners, or other property owners or beneficiaries to bind them jointly and severally to this Agreement and any resulting obligations, including payment. If representing an entity (e.g., corporation, partnership, LLC, trust, estate, landlord, tenant, spouse, or domestic partner), they must disclose the entity’s full legal name and their authority in writing at the time of authorization. In the absence of such disclosure or if misrepresentation occurs regarding ownership, identity, authority, legal entity, ability to pay, or scope of work, the individual may be held personally liable to the extent permitted by Minnesota law, provided evidence supports piercing the corporate veil or fraud. The Client agrees to indemnify and hold Nowthen Plumbing harmless from any claims, damages, or liabilities arising from false, incomplete, or omitted information, including but not limited to incorrect legal entities, unauthorized property access, or bad faith attempts to circumvent this Agreement (e.g., providing a false name or entity). Failure to provide accurate and complete information, or to act in good faith, shall constitute a material breach, entitling Nowthen Plumbing to recover all resulting damages, including attorney’s fees.

These Terms apply to the initial jobsite and any future services requested by the Client or their representatives at other properties, even if not explicitly named. The Client must notify Nowthen Plumbing in writing of changes in ownership, legal entity, financial condition, or site readiness; failure to do so may result in liability for damages, delays, or non-payment, subject to proof. Any successor entity assumes all liabilities under this Agreement; failure to notify binds successors personally.

Nowthen Plumbing reserves the right to assign or transfer this Agreement or any debt arising hereunder to another party, including affiliated entities or individuals (e.g., its CEO), for legitimate business purposes such as debt collection, litigation, or to facilitate self-representation in court proceedings (e.g., in Minnesota District or Conciliation Court where individuals may represent themselves without an attorney). Upon such assignment or transfer, the assignee shall step into the shoes of Nowthen Plumbing and be entitled to all rights, remedies, and protections under this Agreement, including but not limited to the recovery of attorney’s fees, costs, and disbursements as provided herein, and may enforce the debt or this Agreement in their own name. If payment is not made, Nowthen Plumbing (or its assignee) may pursue collection via civil litigation, liens, credit bureau reporting, or sale of debt to third-party collectors, in compliance with applicable state and federal laws. In cases involving misappropriated trust funds (e.g., contractor failing to pay from customer funds), Nowthen Plumbing (or its assignee) reserves rights under Minn. Stat. § 514.02 or related statutes.

If the Client files for bankruptcy after receiving services but knew or should have known of their insolvency, Nowthen Plumbing (or its assignee) may seek a determination that the debt is non-dischargeable under 11 U.S.C. § 523 if evidence supports that services were secured under false pretenses, the Client knew they could not pay, or trust funds were misused.

Scope of Services and Specific Conditions
Services are based on the written estimate or proposal, which will disclose anticipated additional charges for unforeseen conditions or changes. All rates are dynamically generated using ServiceTitan’s Pricebook Pro, incorporating real-time labor, material, and market-average pricing for consistency with industry standards. Clients may request clarification or a detailed explanation of specific line items, but access to the full pricebook is not provided. Nowthen Plumbing assumes existing plumbing is code-compliant; if inspections reveal non-compliance, corrections will be discussed and approved in writing before proceeding, with costs billed according to standard rates. The Client must coordinate access, water shut-offs (especially in multi-unit buildings), and provide dumpsters for debris unless otherwise agreed (disposal services available at extra cost, quoted upfront).
Specific conditions and potential additional charges will be outlined in the estimate and include:

 Vanity and Cabinetry: Spec sheets must be on-site for rough-in. Additional charges for exposed metal/color-matched piping or assembly (not standard) will be quoted if requested.
 IKEA Products: Require more time; additional charges quoted upfront.
 Galvanized Pipes: May release sediment; cleaning/repairs billable after notification. Client assumes risks post-disclosure.
 Drain Cleaning: Not included unless specified; construction may cause issues, billable extra after approval.
 Sewer Elevation: If lines are lower than city sewer, a sewage ejection pump is required at additional cost, quoted upon discovery.
 Access Panels: Required by MN code for valves/cleanouts; provided by others unless specified and quoted.
 Condo/Apartment Work: Tub/shower valves must include integral stops per MN code.
 Specialty Sink and Faucet Installations: Standard estimates cover 4” center-set or single-hole. Add-ons (e.g., widespread, electric, vessel bowl, pedestal, wall-mounted) quoted separately.
 Shower/Tub Surrounds: Only interlocking; no glued panels. Framing mods or returns due to third-party work billable after approval.
 Fixture Protection: Client’s responsibility during construction.
 Undermount Sinks: Installed by countertop companies.
 Finishes and Materials: Default chrome valves/braided stainless lines; others at extra cost, quoted.
 Concrete Removal: Extra for thicker than standard or rebar/mesh, quoted upon discovery.
 Toilet Drain Compatibility: Modern toilets may not work with illegal double-tee; corrections billable after notification.
Nowthen Plumbing may refuse to install unsafe, non-compliant, or substandard Client-supplied items, with reasons documented. Delays from faulty/incompatible materials are billable after discussion at standard rates. All materials supplied by Nowthen Plumbing remain its property until paid in full. Custom/specialty items may incur extra labor, quoted upfront. Emergency/after-hours services are at premium rates, disclosed prior to dispatch. Standby fees apply for delays exceeding 20 minutes due to Client issues, after reasonable notice, billed at standard rates.

Payment Terms and Client Responsibilities
Payment is due upon completion unless otherwise agreed in writing. For larger projects, phased payments may be required. Accepted methods: check, ACH, credit card (up to 3% fee). Returned payments incur $100 fee; work may suspend until resolved.
By providing a check for payment, the Client authorizes Nowthen Plumbing to process it electronically (e.g., via ACH), which may result in funds clearing immediately from the Client’s account, in compliance with applicable federal and state laws.

By providing credit card or other payment method information, the Client authorizes Nowthen Plumbing to securely store such information (in compliance with PCI DSS and Minn. Stat. § 325E.64, without retaining sensitive authentication data like CVV codes beyond transaction authorization) for future use, unless the Client explicitly opts out in writing at the time of provision or thereafter. If stored, Nowthen Plumbing may automatically process payments using any available methods on file once an invoice becomes due, provided the Client has authorized recurring or automatic payments in writing or via this Agreement. The Client may revoke this authorization at any time in writing, after which no further automatic processing will occur.

Invoices not paid on time may accrue interest at the maximum rate permitted by Minnesota law. Disputes must be submitted in writing within 10 calendar days of the invoice date; otherwise, deemed accepted, subject to Minnesota consumer protection rights. Payments apply first to fees, then principal. Non-payment allows Nowthen Plumbing to suspend services, file liens, initiate collection/litigation, report to credit bureaus, or assign debt for legitimate purposes. Client agrees to pay all reasonable costs of collection, including but not limited to attorney’s fees, court costs, disbursements, and interest, whether incurred pre-judgment, on appeal, or in post-judgment enforcement and collection efforts.

In contractor projects, funds are held in trust for subcontractors; failure to remit may constitute civil theft under Minn. Stat. § 514.02. Terms apply to all future work; Client must update info in writing. Client assumes responsibility for site safety, insurance (e.g., homeowner’s/builder’s risk), and coordination. Risk of loss transfers upon material delivery. Client indemnifies Nowthen Plumbing for claims arising solely from Client’s failures, excluding Nowthen Plumbing’s negligence.

Warranty
Nowthen Plumbing provides a one-year limited warranty on workmanship from completion date, covering defects in labor only (not materials/fixtures supplied by others). Exclusions: misuse, neglect, acts of God, pre-existing conditions (e.g., galvanized pipes), third-party repairs, or Client-supplied items. Manufacturer warranties apply solely to their products; Client handles registration. Any implied warranties (e.g., merchantability or fitness for a particular purpose) are limited to the duration of this express warranty, to the extent permitted by Minnesota law (e.g., Minn. Stat. §§ 325G.18-19).
Warranty voids if work is altered by others without approval or payments not made. Claims must be written within the period; Nowthen Plumbing inspects/remedies at discretion (repair/replace only), or reimburses approved third-party fixes if remedy fails essential purpose. Liability limited to original service price.

Limitation of Liability
Nowthen Plumbing’s liability is limited to the amount paid for the specific service, excluding indirect, incidental, special, consequential, or punitive damages (e.g., lost profits, property damage), except where such limitation is prohibited by law (e.g., for gross negligence or willful misconduct). This applies to all claims (contract, tort, negligence, etc.) and reflects pricing/risk allocation. Nowthen Plumbing not liable for external factors, theft, or Client-supplied issues beyond its control. If any limitation is unenforceable, others remain.
Lien Rights and Pre-Lien Notice
Pursuant to Minn. Stat. § 514.011:
THIS NOTICE IS TO ADVISE YOU OF YOUR RIGHTS UNDER MINNESOTA LAW IN CONNECTION WITH THE IMPROVEMENT TO YOUR PROPERTY.

(A)  ANY PERSON OR COMPANY SUPPLYING LABOR OR MATERIALS FOR THIS IMPROVEMENT TO YOUR PROPERTY MAY FILE A LIEN AGAINST YOUR PROPERTY IF THAT PERSON OR COMPANY IS NOT PAID FOR THE CONTRIBUTIONS. 

(B)  UNDER MINNESOTA LAW, YOU HAVE THE RIGHT TO PAY PERSONS WHO SUPPLIED LABOR OR MATERIALS FOR THIS IMPROVEMENT DIRECTLY AND DEDUCT THIS AMOUNT FROM OUR CONTRACT PRICE, OR WITHHOLD THE AMOUNTS DUE THEM FROM US UNTIL 120 DAYS AFTER COMPLETION OF THE IMPROVEMENT UNLESS WE GIVE YOU A LIEN WAIVER SIGNED BY PERSONS WHO SUPPLIED ANY LABOR OR MATERIAL FOR THE IMPROVEMENT AND WHO GAVE YOU TIMELY NOTICE.

Nowthen Plumbing reserves mechanic’s lien rights for unpaid work on properties where the owner or beneficiary has an interest. Failure to pay initiates proceedings after proper notice; Client pays enforcement costs.

Termination
Post-commencement cancellation incurs billing for work-to-date (including materials, labor, and investments already made), plus a reasonable liquidated damages fee (up to 20% of remaining estimate) to cover actual overhead, lost opportunity, and sunk costs, documented upon request. Obstruction deemed breach; remedies include liens/litigation.
Dispute Resolution and Governing Law
Governed by Minnesota law. Exclusive venue: state/federal courts in Hennepin County, MN, provided a reasonable connection exists (e.g., services performed in MN). Client waives objections unless unduly burdensome, acknowledging that all services are performed in Minnesota and out-of-state venue would impose an undue burden on Nowthen Plumbing. In the event that litigation arises under this agreement, Nowthen Plumbing shall be entitled to recover its reasonable attorney’s fees, costs, and disbursements, including those incurred on appeal and in post-judgment collection efforts. No class actions; individual basis only. If provision unenforceable, others survive. Provisions like payment/indemnities survive termination.
Additional Provisions
Photo Authorization: With Client’s prior written consent, Nowthen Plumbing may photograph work for records/marketing (no personal info); opt-out available.
 Entire Agreement: This, plus estimates/invoices, supersedes prior understandings. Modifications in writing only.
 Insurance: Nowthen Plumbing maintains liability/workers’ comp; proof available. Client handles other risks, but Nowthen Plumbing remains liable for its own negligence.
 

Contact Us
If you have any questions please contact us at:

Nowthen Plumbing
12833 Industrial Park Blvd
Plymouth, MN
Email: [email protected]
Phone: 763-400-3000