Terms and Conditions
These Terms and Conditions ("Terms") form a binding agreement between Bergen Water Restore ("Company," "we," "us") and the customer ("you," "Client") for mitigation, remediation, restoration, reconstruction, and related services in New Jersey. By signing a work authorization, estimate, or service call sheet, submitting a service request, or allowing work to proceed, you agree to these Terms.
1. Services and Scope
- Services may include water extraction, structural drying, dehumidification, mold remediation, odor removal, contents handling, fire/smoke cleanup, and reconstruction as described in a written scope, estimate, or work authorization.
- Work is performed consistent with applicable IICRC standards (including S500, S520) and reasonable industry practice; site conditions may require adjustments.
- Emergency dispatch is 24/7 on a best-effort basis; arrival times are estimates and may be affected by access, traffic, weather, or safety.
- Reconstruction/build-back items may be contracted separately and can depend on permits, inspections, and material availability.
2. Client Responsibilities
- Provide accurate contact details, property access, and, where applicable, alarm or gate instructions.
- Ensure utilities (power, water, HVAC) are available for drying and equipment unless otherwise agreed; extra costs from unavailable utilities are the Client's responsibility.
- Disclose known hazards (asbestos, lead-based paint, chemicals, structural instability, biohazards). If suspected regulated materials are found, work may pause until testing/abatement by a licensed provider.
- Secure valuables, pets, and sensitive items before work begins.
3. Estimates, Insurance, and Payment
- Written estimates or work authorizations describe anticipated scope; unforeseen conditions may require change orders.
- Insurance claims: at your request, we can provide documentation (photos, readings, invoices) to your insurer. You remain the contracting party and are responsible for amounts not paid by insurance, including deductibles, denials, depreciation, or upgrades.
- Pricing may reference industry estimating platforms (e.g., Xactimate) and local market rates. Elective upgrades or non-covered items are billed to the Client.
- Payment is due upon substantial completion unless otherwise agreed in writing. Late balances may accrue interest at the maximum rate permitted by New Jersey law.
4. Changes, Delays, and Cancellations
- Change orders must be approved in writing (email acceptable) before additional work proceeds.
- If work is delayed by Client inaction, lack of access, unavailable utilities, or third-party issues, standby or remobilization fees may apply.
- Emergency dispatch cancellations after crew mobilization may incur a trip or minimum response fee.
5. Limited Warranty; Disclaimers
- We warrant services will be performed in a workmanlike manner consistent with industry standards. Remedy is limited to re-performance of nonconforming services if reported within 90 days of completion.
- No warranty applies to pre-existing conditions, hidden or latent defects, microbial regrowth caused by new moisture intrusions, or Client-delayed access.
- Manufacturer warranties for installed materials are provided by their manufacturers; we do not guarantee them.
- EXCEPT AS STATED, SERVICES ARE PROVIDED "AS IS" WITHOUT OTHER WARRANTIES, EXPRESS OR IMPLIED.
6. Liability and Indemnity
- To the fullest extent permitted by law, our aggregate liability for claims arising from the work is limited to the lesser of (a) fees paid for the portion of work giving rise to the claim, or (b) $10,000.
- We are not liable for consequential, incidental, special, or punitive damages.
- You agree to indemnify and hold us harmless from third-party claims arising from undisclosed hazards, inaccurate information you provide, or Client-directed deviations from industry standards.
7. Privacy and Data
We collect and use information necessary to deliver services, document conditions, and coordinate with insurers. See our Privacy Policy for details on data handling, communications, and your choices.
8. Force Majeure
We are not responsible for delays or failure to perform caused by events beyond our reasonable control, including severe weather, utility outages, labor issues, supply disruptions, or governmental actions.
9. Governing Law and Disputes
These Terms are governed by the laws of the State of New Jersey. The parties will attempt good-faith negotiation; failing that, disputes shall be brought in the state or federal courts located in New Jersey. Small claims court remains available where jurisdictional limits apply.
10. Contact
Questions about these Terms? Call us at (201) 500-2332, use our contact page, or write to us at:
Bergen Water Restore
44 Godwin Ave
Ridgewood, NJ 07450