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FORM 11
Avoid A Mold Lawsuit Letter and Waiver
CONTRACT TERMS & CONDITIONS
Non-Waiver: Failure of either party to enforce any portion of this Agreement/Contract shall not constitute a waiver of such right.
Termination: Your Business Name Here may at any time either temporarily and or permanently terminate the usage of any or all equipment.
Contract: For value received, the assignor represents that this contract is in full force and effect. The assignor fully warrants that it/he/she/they have full rights and authority to enter into this contract.
Credit Terms: The undersigned customer understands and agrees that in consideration for credit being extended herein, it/he/she/they shall be liable for all amounts charged, ordered, purchased, received and incurred upon credit, on open account, or otherwise from Your Business Name Here. until such time as this agreement is cancelled by either party or until all amounts due hereunder are paid in full whichever is later. Customer further understands that it/he/she/they are responsible for these charges regardless of whether or not customer receives reimbursement from any insurance carrier or other third party.
Furthermore, it is understood and agreed that all amounts due hereunder shall he paid promptly, or according to any special terms of a particular purchase of order; and should payments be made late, such overdue amounts shall accrue simple interest at a rate of One and One-Half Percent (1 1/2%) per month, until such amounts are paid. Customer further understands that should any installment(s) be in default for a period of not less than ten days, said installment(s) shall be subject to a one-time delinquency charge in the amount of five percent (5%) of any such installment in default.
It is further understood and agreed that the assignor/customer shall be liable for all costs, including reasonable attorney fees, (including appellate fees), incurred by Your Business Name Here for the collection of any sums due under this Agreement, whether or not suit may be instituted. This agreement shall be deemed to have been made in County and State Here, and shall be interpreted, and the rights and liabilities of the parties shall be determined in accordance with the laws of the your state here. If any Suit or action is instituted under this agreement, all parties agree to submit to personal jurisdiction in the State of ??????, with venue in ????? County, Your State Here. Everything stated in this application is correct to the best of my knowledge, it is understood that you will retain this application whether or not it is approved. You are authorized to make all appropriate credit inquiries of me or this company/corporation, and of all references listed above and to answer questions about your credit experience with them.
Calendar usage: Usages are deemed to begin at time of arrival and to the following midnight regardless of the particular hour in which the usage occurs. It is further understood that any portion of a day constitutes a "day’s usage" and will he considered a full and complete day. All usage is for a 3-day minimum.
Loss: In the event an incident occurs which would otherwise render any portion of the equipment nonfunctional customer understands it/he/she/they are liable for the cost of said equipment and or best efforts to repair the damage to the equipment. Theft of property is solely the customer’s responsibility; all equipment will be valued at fair market prices. Customer accepts full responsibility for all equipment used and or otherwise used by this contract. This contract is the entire agreement of Your Business Name Here and the assignor. Oral changes or modifications shall have no effect and are not binding.
Returns: All returns must be authorized by Your Business Name Here Any and all returns are extended only to resolve your account balance and is not necessarily standing policy. Standing policy is ALL SALES FINAL.
Indemnity: Customer shall and does hereby indemnify and hold Your Business Name Here and it’s employees in an amount equal to or less than the face value of this contract for any and all claims, liability or damages, including reasonable attorneys fees arising out of this contract. This indemnity provision shall survive the termination or expiration of this contract.
Condition of Contract: Customer agrees that in the event any portion of the equipment being used is unplugged, turned off or otherwise found to be not operational due to electric circuit breakers being tripped or other unforeseen malfunctions not limited to breakage, leakage, and or other occurrences. That it/he/she/they are still liable for the cost of usage based on calendar usage and or voluntary termination fee. Any compensation for unforeseen equipment downtime will be effected through additional usage only.
Condition of Contract: Customer and Your Business Name Here. irrecusably agree to settle all disputes, claims, and breaches arising out of this contract and or work performed through this contract by means of an arbitration forum in accordance with the American Arbitration Association and to be forever bound by and duly obligated to abide by the determination of said arbitration.
Condition of Contract: This agreement constitutes a promissory note between customer/purchaser and Your Business Name Here., resulting in the Purchaser/Customer/Client being personally liable for all costs arising out of this contract.
Term: The term of this contract begins at the time and date set forth on the contract.
Waste: Certain purchases of materials and or usage of equipment will result in waste; this unused portion is hereby accepted by customer and is considered to be covered in the scope and terms of this Agreement.
Special Orders: All special orders, (S.O.), are deemed non-returnable.
Voluntary Termination Fee: Customer understands and agrees that in the event and for any reason any portion of the equipment is to be cancelled that a fee equal to one day’s usage for each separate day and piece of cancelled equipment will be therein immediately due upon pickup of equipment.
Condition: Customer understands and agrees to waive its/his/her/their right to a jury trial.
Condition: Customer understands and agrees to a one time unscheduled pick up fee of $54.00 to be due immediately upon pick up of equipment.
Condition: Customer understands and agrees to daily compounding of interest on any unpaid balance.
Installation Warranty: For a period of 30 days from re-installation date, Your Business Name Here will return and fix carpet installation defects such as split seams and wrinkles.
Purchaser: Agrees to hold harmless all sub-contractors and contracted professionals whom Your Business Name Here has hired in conjunction with this contract from any and all claims of damage and or liability arising out of this contract.
Continuing Usage: Purchaser/Customer/Cardholder will be liable for all additional usage fees, if equipment is not made available or released as contracted or used or kept for any reason beyond contracted time.
Mold and fungi release: The client/customer/purchaser hereby releases and forever discharges Your Business Name Here and all it’s members and affliicates from any and all claims past present and future, wether known or unknown, and or causes of all action for any and all relief, cost, claims, expense relating to or arising from work preformed by Your Business Name Here. or to be casued by Your Business Name Here. in conjuction with any and all relationships with you and Your Business Name Here. The Client/customer/purchaser assumes the risk of any and all claims of or for damages and agrees to hold Your Business Name Here. and afflilates harmless.
Print Name: Date:
Signature: Date:
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