Customer’s acceptance of Company’s Estimate is expressly made conditional on Customer’s acceptance of these Standard Terms and Conditions of Service (“Terms and Conditions”), which are in lieu of any additional or different terms contained in Customer’s purchase order or other document or communication pertaining to Customer’s order and/or the Work. Customer’s assent to these Terms and Conditions shall be conclusively presumed from Customer’s acceptance of any part of the Work or from payment by Customer(s) for any part thereof. None of these Terms and Conditions may be added to, modified, superseded or otherwise altered except by written instrument signed by an authorized executive of Company.
Customer(s) shall (a) ensure that the Property is safe and complies with all federal, state and local laws and regulations; (b) carry out all preparatory work at the Property as is necessary prior to the commencement of Work; (c) ensure that Company and its vehicles and equipment have proper access to the Property; (d) warrant the correctness of the information provided to Company relating to the Scope of Work; (e) closely inspect the Work upon completion and immediately notify Company of any defect; (f) indemnify, defend and hold Company harmless from and against all liability, loss or damage arising from a breach of any of the foregoing obligations.
Company shall issue an invoice(s) for its Work. Payment in full is due thirty (30) days from the date of each invoice. Any payments not made within thirty days shall incur a 5% late fee and accrue interest of 1.5% per month (compounded) on the balance until paid in full.
Company warrants to Customer(s), for a period of thirty (30) days from completion, that the Work (a) shall conform to the description in the Estimate and (b) are provided in a good and workmanlike manner. EXCEPT AS EXPRESSLY STATED HEREIN, COMPANY DOES NOT MAKE, AND HEREBY DISCLAIMS, ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. Company’s liability is limited to re-performing non-confirming Work. Failure to give Company written notice of a warranty claim within thirty (30) days from completion and opportunity to inspect shall constitute a waiver of all claims relating to the Estimate and Work. The foregoing CONSTITUTES THE SOLE REMEDY OF CUSTOMER(S) AND THE SOLE LIABILITY OF COMPANY relating to the Estimate and Work. This Warranty supersedes all prior and contemporaneous agreements, representations, or understandings, whether oral or written, relating to the Estimate and Work. It does not cover (a) failure to follow instructions from Company; (b) acts, omissions or negligence by Customer(s) or any third party; and/or (c) any other cause beyond Company’s control.
Limitation of Liability
Company’s total liability to Customer(s) shall in no case exceed the total consideration paid by Customer(s) for the Work. IN NO CASE WILL COMPANY BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF USE OR DAMAGE TO PROPERTY, ARISING OUT OF THE WORK. THIS LIMITATION OF LIABILITY APPLIES TO ANY CLAIM ASSERTED BY CUSTOMER, WHETHER WARRANTY, CONTRACT, TORT OR UNDER ANY OTHER LEGAL OR EQUITABLE THEORY. No action, regardless of form, relating to the Estimate or Work may be brought more than SIX MONTHS after completion.
Delivery – Performance
Company undertakes to use reasonable efforts to provide the Work within a reasonable time or by a specific date if agreed in writing, subject to the ability of Company to obtain labor and materials from its normal source of supply. Company reserves the right to cancel or postpone performance due to acts of God, weather conditions, war, disease, pandemic, fire, breakdown of machinery, strikes, unavailability of transport or any other unexpected or exceptional cause beyond the reasonable control of Company. Company shall have no liability for any loss, damage or delay or for any consequential damage or loss as a result of delay, untimely, postponement or cancellation of performance.
Company engages at times certain subcontractors, who are independent contractors, to assist in performing the Work. Customer acknowledges and agrees that such subcontractors are responsible for their own labor and materials and that Company will have no responsibility or liability therefor. Company engages at times certain subcontractors, who are independent contractors, to assist in performing the Work. Customer acknowledges and agrees that such subcontractors are responsible for their own labor and materials and that Company will have no responsibility or liability therefor.
Customer agrees that it will not, directly or indirectly, solicit the employment of any active employee(s) or subcontractor(s) of Company, or its affiliates, with whom Customer comes in contact as a result of the Work.
Miscellaneous – Venue, Choice of Law, Fees
Company shall recover all costs of collection of any amounts due Company, including attorney’s fees, costs and expenses. The Estimate, Invoice and Terms and Conditions are governed by Utah law. Any claim relating to the Estimate, Invoice, Terms and Conditions or Work may be instituted and maintained only in the courts of the Fourth Judicial District, Wasatch County, Utah, to whose exclusive jurisdiction the parties consent. The parties each hereby waive their jury trial right with respect to any such claim. The Estimate, Invoice and Terms and Conditions constitute the entire agreement among the parties with respect to the subject matter contained herein, and there are no warranties, representations, covenants, terms, inducements, or conditions, express or implied, other than as set forth herein. They supersede all prior agreements relating to all or part of the subject matter herein. Should any provision of the Estimate, Invoice and Terms and Conditions be found to be void and/or invalid, the surviving portions shall continue to be given full force and effect.