Reso 2008-1255 - Laserfiche WebLink

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I ADDmoNAL TERMS AND PAOVlI~ 1. CUSTOMER agrees to provide reasonable ace"a to tt1e pool location to the employees, representatives. subcontractor, and agents of CONTRACTOR sO that CONTRACTOR may tumlllts obligationti under !hi:! Agreement 115 effiQientty as pO$$ible. CUSTOMER shall keep its $mploye8s. agents, family, guest5 and pels away Irom the peel location during too course of CONTRACTOR'S performance under the Agreement. 2. CONTRACTOR :shall not be liable tor any failure to perform due to strikes, acts 01 God, governmental actions or conditions beyond its control, including unavailability of supplies or labor at prices that are substantially similar to prices at the time of the execution of this Agreement. In the event that materials or labelr c~"ed tor under this Agreemer:tt are not at substantially the sll/l'le prices as at the time of making this Agreement. CONTRACTOR shall have the rIght to amend this Agreement to cover Such ctlanges or to t~minate this agreement. 3. Should CUSTOMER fail to pOly any monies due hereunder within five (5) <';lay!'. tl (1m trl(;ol due dates. all monies that are payable to CONTRACTOR under this Agreement shall immediately become due and payable without the need tor further demand and this Agreement can be terminated by CONTRACTOR without prior nolice. Should CONTRACTOR ratain the services of an attorney aneLIor institute legal proceedings to collect monies thaI are due under tMi$ Agre&men\ or to enforce any provisions trereof, CUSTOMER agrees to be held liable for any costs of said law suit, cotlp.ction and attorney's fees. Title to all items that ~re supplied hereunder by CONTAACTOR shall remain property of CONTRACTOR until paid for in full by CUSTOMER, and CONTRACTOR shall have the right to repossess said Items and/or remove same, with or without the benefit of legal process. The customer acknowledges tne fact that real goodS and value have been added during the term of this contract and agrees that the CONTRACTOR'S rights under the CONTRACTOR'S lien laws shalt eXlel"ld to monies due under this co"tract. 4. CONTRACTOR makes no representations. warranties. promIses, or,sl eJI written ellpre5sed or Implied, with resp49ct to Ihis Agreement. except as expressly provided herein. CONTRACTOR makes no representations or warranties on equipment sold or installed, other than that oHered by the manufacturer 01 said eCluipmenr. Manufacturer warranty does not include any labor charges by said CONTRACTOR. This Agreement can be modified in writing only, to be Signed by all at the parties hereto. 5. CUSTOMER shall be re$ponslble tor damage, toss or cJestnjction, from any source whatsoever, 10 all material, Elquipm&nt, appliances or goods. aftar they have been delivered 10 the pool location. CONTRACTOR shall not be liable tor any loss, damage or deStrucllon to the poollocal1on or premi$es of pool location. by any per so!' (lr l.":ause 'whatsoever (l)(capt when cause~ by !/"Ie employees of CONTRACTOR. CONTRACTOR snail not be liable for any type ot r,lamage, loss or destruction caused by the pool waste or drain outlet line. CONTRACTOR shan not be liable for any oamage to the pool structure or pipi"9 due to underqrOLJnd water pressure. in the event the pool must be drained for cleaning. testing or repairing. 8, CUSTOMER has the right to recind service agreement at the end 01 any month by giving a 30 day written notice of termination. 7. Any changes requested by cu&torner will require a new contract. 8. Monies due 5 days past due date shall bear intrasl at the rate 0118% per annum. S\B ~la 39'\1d IOOd '\1aI~OI~ 11'\1 L99v96890E 9T.:Lla L00l/ET./80