Terms of Service

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THEY CONTAIN A BINDING ARBITRATION CLAUSE AND CLASS-ACTION WAIVER (SECTION 16) THAT AFFECT YOUR LEGAL RIGHTS.

These Terms of Service ("Terms" or "Agreement") are a binding contract between you ("Customer," "you," or "your") and Water Heater Warehouse LLC, a California limited liability company in Fullerton, California, holder of CSLB License #1041460 ("Company," "we," "our," or "us"). They govern your use of (i) our websites, including whwllc.com and thewaterheaterwarehouse.com (the "Site"), (ii) any quote, estimate, proposal, or invoice we issue, and (iii) any installation, repair, maintenance, replacement, inspection, or other plumbing or water-heater service we perform (the "Services"). By using the Site, requesting a quote, accepting an estimate, or authorizing work, you agree to these Terms.

1. Eligibility & Authority

You represent and warrant that you are at least eighteen (18) years old, have full legal capacity to enter into this Agreement, and, if entering on behalf of a property, that you are the lawful owner or an authorized agent of the owner with full authority to permit the Services to be performed.

2. Licensure & Scope of Services

The Company is licensed by the Contractors State License Board of California under License #1041460. The Services are limited to the scope described in the applicable written estimate, work order, or invoice ("Work Order"). Any additional work requires written or recorded verbal change-order authorization. Pursuant to California Business & Professions Code § 7159 (Home Improvement Contracts), any project with a contract price of five hundred dollars ($500) or more will be documented in a written home improvement contract that complies with statutory disclosure requirements.

3. Estimates, Pricing & Change Orders

Estimates are based on information available at the time of issuance and are valid for thirty (30) days unless otherwise stated. Final pricing may differ if site conditions, permitting authorities, building codes, hidden defects, hazardous materials, or scope changes require additional work, materials, or labor. The Company will notify you of any material change before performing such additional work and will obtain authorization in writing, by text, by email, or by recorded verbal consent. Diagnostic and trip fees are non-refundable once a technician has been dispatched.

4. Payment Terms

Unless otherwise agreed in writing, payment in full is due upon completion of the Services. The Company accepts cash, check, ACH, and major credit cards. Returned checks are subject to a service charge of twenty-five dollars ($25) for the first return and thirty-five dollars ($35) for each subsequent return pursuant to California Civil Code § 1719. Past-due balances accrue interest at the lesser of one and one-half percent (1.5%) per month or the maximum rate permitted by California law. Customer shall be liable for all reasonable collection costs, attorneys' fees, and court costs incurred in collecting any past-due amount. The Company expressly reserves all mechanic's lien rights under California Civil Code §§ 8000 et seq. and will issue all required preliminary notices, lien releases, and notices to owner.

5. Three-Day Right to Cancel

For home improvement contracts subject to California Business & Professions Code § 7159 and Civil Code § 1689.5–.14, you, the buyer, have the right to cancel this contract without penalty or obligation by midnight of the third business day after signing the contract. The cancellation must be made by delivering or mailing a signed and dated notice or by sending a telegram of cancellation to: Water Heater Warehouse, Fullerton, California. Senior citizens (age 65+) and contracts signed at a location other than the contractor's place of business may be entitled to an extended cancellation period as provided by law.

6. Workmanship Warranty

The Company warrants its labor and workmanship for the period stated on the applicable Work Order or invoice. Equipment, parts, and appliances are covered exclusively by the manufacturer's warranty, and the Company assigns to Customer any transferable manufacturer warranties. The workmanship warranty does not cover damage caused by: (a) Customer misuse, neglect, modification, or unauthorized repair; (b) acts of God, earthquake, flood, fire, power surge, or other force majeure; (c) hard-water scale, corrosion, sediment, or water-quality conditions; (d) work performed by anyone other than the Company; (e) Customer failure to perform required maintenance (including annual flushing); or (f) pre-existing defects in plumbing, gas, electrical, venting, or structural systems. ALL CLAIMS UNDER THE WORKMANSHIP WARRANTY MUST BE MADE IN WRITING WITHIN THE WARRANTY PERIOD; UNTIMELY CLAIMS ARE WAIVED.

7. Permits, Code Compliance & Site Conditions

The Company will pull permits where required by the applicable jurisdiction; permit fees are passed through to Customer at cost. Customer is responsible for disclosing known site conditions (asbestos, lead, mold, structural defects, undisclosed plumbing) and for providing safe, lawful access to the work area. The Company reserves the right to stop work and reassess pricing upon discovery of hazardous materials or undisclosed conditions.

8. Assumption of Risk & Customer Acknowledgments

Customer acknowledges that water heaters involve pressurized water, combustible gas, high-voltage electricity, and other inherent hazards. Customer agrees to keep children, pets, and unauthorized persons clear of the work area. Customer authorizes temporary water and utility shut-offs as necessary to perform the Services.

9. Indemnification

To the fullest extent permitted by California law, Customer agrees to indemnify, defend, and hold harmless the Company, its members, officers, employees, technicians, subcontractors, insurers, and agents from and against any and all third-party claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys' fees) arising out of: (a) Customer's breach of this Agreement; (b) Customer's misrepresentation regarding ownership, authority, or site conditions; (c) Customer's negligence or willful misconduct; or (d) Customer's use or misuse of any equipment installed or serviced by the Company after completion of the Services. Nothing in this Section requires indemnification for claims arising from the Company's sole negligence or willful misconduct, as prohibited by California Civil Code § 2782.

10. Disclaimer of Warranties

EXCEPT FOR THE EXPRESS WORKMANSHIP WARRANTY SET FORTH IN SECTION 6, THE SITE, THE SERVICES, AND ALL MATERIALS PROVIDED ARE FURNISHED "AS IS" AND "AS AVAILABLE," AND THE COMPANY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. NO ORAL OR WRITTEN STATEMENT BY ANY EMPLOYEE OR REPRESENTATIVE CREATES A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES; IN SUCH JURISDICTIONS, THE FOREGOING DISCLAIMERS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS MEMBERS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST DATA, BUSINESS INTERRUPTION, OR PROPERTY DAMAGE BEYOND THE SCOPE OF THE WORK ORDER, ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE SITE, OR THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE COMPANY'S AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID BY CUSTOMER TO THE COMPANY FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM. THE FOREGOING LIMITATIONS DO NOT APPLY TO LIABILITY THAT CANNOT BE LIMITED UNDER CALIFORNIA LAW, INCLUDING GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR PERSONAL INJURY CAUSED BY THE COMPANY'S NEGLIGENCE.

Customer expressly waives the protections of California Civil Code § 1542, which provides: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party," but only with respect to claims released under any separate written release.

12. Force Majeure

The Company is not liable for any delay or failure to perform caused by events beyond its reasonable control, including acts of God, earthquake, fire, flood, pandemic, labor disputes, supply-chain disruption, governmental action, or utility outage.

13. Intellectual Property

All content on the Site, including text, graphics, logos, photographs, video, and software, is owned by or licensed to the Company and is protected by United States and international copyright, trademark, and other intellectual-property laws. You may not reproduce, distribute, modify, create derivative works of, publicly display, or commercially exploit any content without the Company's prior written consent.

14. Acceptable Use of the Site

You agree not to: (a) use the Site for any unlawful purpose; (b) attempt to gain unauthorized access to any portion of the Site or its underlying systems; (c) interfere with or disrupt the Site or servers; (d) submit false, misleading, or fraudulent information; (e) scrape, mine, or harvest data; or (f) use the Site in any manner that could damage, disable, overburden, or impair the Site.

15. Governing Law & Venue

This Agreement is governed by and construed in accordance with the laws of the State of California, without regard to its conflict-of-laws principles. Subject to Section 16, any action not subject to arbitration shall be brought exclusively in the state or federal courts located in Orange County, California, and the parties consent to the personal jurisdiction and venue of such courts.

16. Binding Arbitration & Class-Action Waiver

READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

Any dispute, claim, or controversy arising out of or relating to this Agreement, the Site, or the Services, including the validity, scope, or enforceability of this arbitration provision (a "Dispute"), shall be resolved exclusively by final and binding arbitration administered by JAMS in Orange County, California, before a single neutral arbitrator, in accordance with the JAMS Streamlined Arbitration Rules & Procedures then in effect. The arbitrator shall apply California substantive law. Judgment on the award may be entered in any court of competent jurisdiction. The Federal Arbitration Act, 9 U.S.C. §§ 1 et seq., governs the interpretation and enforcement of this arbitration provision.

CUSTOMER AND COMPANY EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, PRIVATE-ATTORNEY-GENERAL ACTION, OR CONSOLIDATED OR REPRESENTATIVE PROCEEDING OF ANY KIND. ALL DISPUTES MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY.

30-Day Opt-Out: You may opt out of this arbitration provision by sending written notice of your decision to opt out to Water Heater Warehouse, Fullerton, CA, postmarked within thirty (30) days of the date you first accepted these Terms. The notice must include your full name, address, and a clear statement that you wish to opt out of arbitration. Nothing in this Section prevents either party from seeking injunctive relief in court for intellectual-property infringement or from bringing an individual action in small-claims court.

17. Statute of Limitations

To the maximum extent permitted by California law, any claim arising out of or relating to the Site or Services must be brought within one (1) year after the cause of action accrues, or such claim shall be permanently barred. This Section does not shorten any limitation period that cannot be contractually shortened under California law.

18. Notices

All legal notices to the Company must be in writing and sent by certified mail, return receipt requested, to: Water Heater Warehouse, Fullerton, California. Notices to Customer may be delivered to the postal address, email address, or telephone number on file.

19. Assignment

Customer may not assign or transfer this Agreement without the Company's prior written consent. The Company may assign this Agreement in connection with a merger, acquisition, financing, or sale of assets.

20. Severability & No Waiver

If any provision of this Agreement is held invalid or unenforceable, the remaining provisions remain in full force and effect, and the invalid provision shall be reformed to the minimum extent necessary to render it enforceable. No waiver of any term shall be deemed a waiver of any other term.

21. Entire Agreement

These Terms, together with any executed Work Order, written estimate, invoice, home improvement contract, and our Privacy Policy, constitute the entire agreement between the parties and supersede all prior or contemporaneous understandings, proposals, or communications, written or oral.

22. CSLB Notice

Contractors are required by law to be licensed and regulated by the Contractors State License Board, which has jurisdiction to investigate complaints against contractors if a complaint is filed within four (4) years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors State License Board, P.O. Box 26000, Sacramento, CA 95826.

23. Contact

Water Heater Warehouse
Fullerton, California · CSLB License #1041460
Telephone: (714) 244-8562
Web: Contact Page