Company’s Obligation
Company shall provide the services described on the front of this Agreement consistent with the Company’s standard practices and in accordance with the terms and conditions set forth below.
Promised Results and Hidden Conditions
Customer understands and agrees that these cleaning and restorations services may not totally clean or remove all contaminants, odors, stains or damages in all areas, even after diligent and reasonable efforts by Company and Customer agrees that no such guarantees, warranties or representations as to results or levels of decontamination, cleanliness or restoration are made by Company except as stated in writing in this Agreement. Customer further acknowledges that there may be hidden or unknown conditions that would affect the cleaning and restoration process used by Company. And Customer agrees that Company shall not be responsible for any damage caused by any hidden stains, etc. Customer acknowledges that new materials used in restoration may not precisely match the existing texture, type, material, or color. Prior to Company’s arrival, Customer shall notify Company of any preexisting or damaged conditions and shall remove all valuables and breakable items from the area where services may be performed, and Customer shall be responsible for any loss or damage resulting therefrom.
Warranties and Limitation of Damage
Company warrants to Customer (and to no other person or entity) that all work will be completed in a good and workmanlike manner in accordance with Company’s standard practices. In the event of any defect in the services provided by Company, Customer’s exclusive remedy shall (i) correction of same by service, re-treatment, adjustment or repair; or at Company’s option, (ii) refund of all sums paid on the portion of the work which is not as warranted. THIS IS A LIMITED WARRANTY AND IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF MECHANGTABLITLITY, HABITABILITY, WORKMANSHIP, OR FITNESS FOR A Particular PURPOSE, ALL OF WHICH ARE HEREBY DENIED BY COMPANY AND WAIVED BY CUSTOMER. IN NO EVENT SHALL COMPANY BE LIABLE TO CUSTOMER UNDER ANY THEORY FOR ANY ANTICIPATED OR LOST PROFITS OR ANY INCIDENTAL OR CONSEQUENTIAL LOSS, AND COMPANY’S MAXIMUM LIABILITY TO CUSTOMER FOR ANY LOSS OR DAMAGE ARISING FROM THE SERVICES RENDERED BY COMPANY SHALL NOT EXCEED THE AMOUNT OF THE CONTRACT PRICE PAID BY CUSTOMER FOR THE SERVICES RENDERED HEREIN.
Completion Certificates
Upon completion of the services, of Any segment thereof, Customer will on request execute such instrument as Company may reasonably request acknowledging completion of the services. Customer agrees to inspect the services immediately upon completion, and notify Company’s crew of any complaints before they leave, To the extent that may validly do so, the parties agree that the services will be deemed to be fully acceptable if no notice of any defect in materials or workmanship is received by Company in writing within 3 days of competition of services.
No Other Agreements or Representations
This Agreement and any attachments hereto constitute the complete and exclusive state of the agreement between the parties with respect to the subject matter hereof and shall supersede all proposals, prior agreements, and representations, oral or written, and all communications been the parties relation to the subject matter hereof No representative of Company has authority to make representations, guarantees, warranties, agreements or other promises other than as are expressly set forth in this Agreement, and this Agreement shall not be varied by any agreement or representation other than on instrument in writing executed by the dully authorized officer of Company and Customer.
Payment: Interest
Payments are due upon completion of work to Company’s representative, Any payments made thereafter shall be delivered at Company’s address as shown on the face of this Agreement Any amount owing the Company and not paid within 30 days after due date shell bear interest at the lesser of 18% per annum or the highest lawful interest rate until paid.
Dispute Resolution
Customer agrees to notify Company of all complaints in writing within 7 days of completion of service, and allow Company to inspect and/or correct any deficiencies in the services. Customer and Company agree that all disputes, controversies or claims regarding the inadequacy of services between Customer and Company arising from or relating to this Agreement, and/or the services to be provided by Company shall be litigated in Lincoln County, South Dakota.
Costs
Should Company be required to bring an action to enforce the terms hereof or declare rights hereunder, then Company shall be entitled to recover from Customer all costs and reasonable attorney’s fees required in asserting its right under this Agreement in any action, arbitration, trial or appeal.
The terms and conditions of this Agreement shall insure to the benefit of and be binding upon the parties hereto, their respective heirs, representatives, successors and assigns.
