(AUTO BUFF is a SURFACE BUFF, LLC COMPANY)
• Complete payment is due at the time of completion.
• Accepted payment methods: Check, Cash, Credit Cards and Cashier’s Checks are accepted. No money orders are accepted. Over the phone credit card payments are accepted and may be subject to an additional fee of $9.95.
• Late payment by Client entitles Surface Buff, LLC to charge interest at eight percent (8.0%) annually of the outstanding balance until the balance is paid in full. Interest will start after (5) days after invoice due date.
• Checks returned for any reason are subject to a $35.00 returned check fee plus any bank charges.
• Make all payments payable to Surface Buff, LLC.
• All payment must be submitted to your Project Manager only.
• Bad deposit checks or credit card chargebacks will automatically be considered as a cancellation unless the amount is re-paid PLUS all fees as per paragraph
• Any overpayments made by client will be repaid to client within 30 days of Surface Buff being made aware of overpayment (through notification by client, internal discovery by Surface Buff, or otherwise).
• Surface Buff, LLC will use commercially reasonable efforts to ensure the accuracy of invoices.
• Surface Buff, LLC will revise any invoice that shows an error, which will void the previous invoice sent.
• Client will timely pay all undisputed invoiced items as provided above, and will notify Surface Buff, LLC of any disputed invoice items no later than 5 days after the invoice date, or such invoice will be presumed to be correct. The parties agree to act reasonably to resolve any disputed items.
• Surface Buff, LLC charges an additional $175.00 per hour administrative fee, plus mileage of $0.55 per mile and costs for all efforts to collect for non-payment, including but not limited to filing any mechanic’s lien, phone calls, letters, e-mails, in person discussions, invoicing, discussions and/or retaining a collection agency or attorney, arbitration, mediation, deposition, court hearing, or any other attempts to rectify said collection.
• All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in the state of North Carolina or another location mutually agreeable to the parties. An award of arbitration may be confirmed in a court of competent jurisdiction.
• The non-prevailing party must pay all attorney fees, court costs, arbitration costs, any administrative fees that were agreed upon in writing prior to a dispute and fees including but not limited to preparation fees, court reporter fees, travel fees that were agreed upon in writing prior to a dispute, all expert witness fees, copy fees, private investigator fees, etc.
• Due to cost of supplies, labor and other fees associated with scheduling each project there is no refund for any deposits at any time for any reason.
• Rescheduling or Canceling appointments within 30 days of the project appointment will result in no extra costs.
• Rescheduling or Canceling within 14 days of the project appointment will result in a 10% of the contracted amount as an added charge.
• Rescheduling or Canceling within 7 days of the project appointment will result in a 25% of the contracted amount as an added charge.
• Rescheduling or Canceling less than 7 days of the project appointment will result in a $175.00 per hour delay fee, not to exceed $1,400.00 per day as an added charge.
• Neither party shall be held responsible for any delay or failure in performance of any part of this agreement to the extent such delay or failure is caused by fire, flood, explosion, war, embargo, government requirement, civil or military authority, bad weather, frozen pipes, act of God, loss of electric out of the control of either party, or other similar causes beyond its control and without the fault or negligence of the delayed or non-performing party. A written notice of applicable delay must be sent.
• In the event Surface Buff, LLC’s technicians or subcontractors are injured or become ill, a reasonable amount of time will be allotted or another technician or subcontractor will return to complete the services to ensure the minimal amount of delay as possible. Client will receive written notice of any said issues should they arise and will make every effort to complete the services within a reasonable amount of time.
• The exclusive remedy available to Client is for Surface Buff, LLC to return and reinstall materials or repair necessary areas. If Client or any other agent or contractor modifies the work performed by Surface Buff, LLC, the warranty is void.
• Surface Buff, LLC technicians, employees and any subcontractors are qualified to perform the services and will perform the work in a professional manner and will wear Surface Buff, LLC approved work attire and will attempt to the best of their ability not to disrupt the normal activities of the Client.
• All materials used in the performance of the work agreed upon in this contract will meet or exceed applicable industry standards. SDS (MSDS) sheets will be provided upon request for all chemicals used in the performance of the work.
• The use of natural product necessitates variations in color/ design. Surface Buff, LLC is not responsible for deterioration or discoloration caused by abuse, accident, or significant exposure to sunlight.
• The coloration or variation of surfaces are the responsibility of nature and/or the manufacturer of the surface and Surface Buff, LLC is not responsible for color or any variations of surfaces.
USE OF EQUIPMENT
• Equipment may be loud and may cause airborne contaminates. If services are to be performed in an establishment that serves food and/or drinks, no patrons are to be present during the performance of services by Surface Buff, LLC.
• Persons not employed by Surface Buff, LLC do not have permission to use the equipment or supplies owned by Surface Buff, LLC. Any persons operating or using any equipment or supplies of Surface Buff, LLC without written permission will be held responsible and liable to replace/repair equipment and/or supplies. The use of equipment and/or supplies without the written permission of Surface Buff, LLC is a default under this contract and may lead to termination and additional fees.
• Each party agrees to maintain insurance in commercially reasonable amounts calculated to protect itself and the other party to this agreement from any and all claims of any kind or nature for damage to property or personal injury, including death, made by anyone, that may arise from activities performed or facilitated by this contract, whether these activities are performed by that Surface Buff, LLC, its employees, agents, or anyone directly or indirectly engaged or employed by that party or its agents.
RESPONSIBILITIES OF THE CLIENT
• Client will make work site available to the Surface Buff, LLC technician on the days and times mutually agreed upon and scheduled to complete the items indicated in Section (1) of this contract.
• Client is responsible for all inspections and permits.
• Client, its affiliates, family members, pets, friends, employees or their other contractors must remain off the surfaces to be serviced until instructed by Surface Buff, LLC in writing the availability to re-use the surfaces.
• Client will notify Surface Buff, LLC at least 24 hours in advance if work site cannot be made available.
• Client will provide access to electrical resources, on-site parking, water and drains.
• Client will arrange necessary security at the worksite to ensure Surface Buff, LLC technicians are not interrupted if needed.
• Client must pay $175.00 per hour of any delay caused as a result of time lost due to interruptions from the Client or Client’s agents, including but not limited to cancelling or rescheduling without a written 24 hour notice. (Maximum of $1,400.00 per full day)
• Client will remove all furniture, fixtures, rugs or other obstacles from work site before the work is performed. Client is responsible for moving items back. Surface Buff, LLC can recommend a third party contractor if preferred. Surface Buff, LLC is not responsible to damaged items left in the work space area.
Any third party Surface Buff, LLC recommends for any reason is NOT a responsibility of Surface Buff, LLC and Surface Buff, LLC, will be held harmless if any action arises from the use of a third party recommended by Surface Buff, LLC.
• Performing the work may create a mess, including dust. Surface Buff, LLC will leave the project broom clean. Client should expect to do cleaning once work is completed. Any re-painting that may need to be done will be the Client's responsibility.
• Client is responsible for removing any persons, plants or pets that may be sensitive to chemicals, noises or any other nuisances during services. Surface Buff, LLC will not be held liable if client fails to remove persons, plants or pets prior to the scheduled date of arrival.
• All notices shall be in writing and shall be delivered in person, via e-mail, by United States certified or registered mail, return receipt requested, or by a recognized overnight delivery service. Any notice must be delivered to the parties at their respective addresses set forth below their signatures or to such other address as shall be specified in writing by either party according to the requirements of this section. The date that notice shall be deemed to have been made shall be the date of delivery, when delivered personally; on written verification of receipt if delivered by overnight delivery; or the date of e-mail, or date set forth on the return receipt if sent by certified or registered mail.
• All communications must go through your project manager only, not any of Surface Buff, LLC’s technicians or sub-contractors.
Communication is important and key to ensure you receive the services you have ordered. If you have any troubles with communications, please contact the office at 919-341-2873 or email firstname.lastname@example.org.
• In the event Surface Buff, LLC is unable to answer the phone, a message must be left by the Client in order to receive a return call from Surface Buff, LLC.
CLIENT INSPECTION OF WORK
• Client has the right to inspect the work to determine that the quality of work is as agreed upon in the contract. This inspection shall take place at the conclusion of the services.
• The Client has up to 1 day to inspect and notify Surface Buff, LLC in writing of any issues with the work performed. Failure to notify of any issues constitutes acceptance.
PHOTOS, VIDEOS, RECORDINGS
• Surface Buff, LLC reserves the right to take any before, during and after project photos or videos of the services and surfaces to be used for any business purpose by Surface Buff, LLC. Surface Buff, LLC will not share the Client’s personal information without the Client’s written consent.
• Surface Buff, LLC at its discretion, may record and monitor phone calls and conversations to keep on file for various purposes including but not limited to note taking, training, making all parties aware of conversations, desired services, changes, etc. in order to ensure quality and serve the client to its fullest.
• Copies of photos, videos and recordings can be provided to the Client upon request.
LIMITATIONS AND GUARANTEES
• The following technical explanations and limitations are incorporated by reference: The Marble Institute of America set standards, the Stone and Tile Pros set standards and the Tile Council of North America set Standards and the American National Standards Institute set standards.
• Surface Buff, LLC warrants that it will perform its services detailed in the scope of work in a skilled and workmanlike manner in accordance with its industry standards. Surface Buff, LLC’s labor is guaranteed for a period of one (1) year. Any manufacturer’s warranties are assigned to the Client EXCEPT as set forth above, Surface Buff, LLC excludes all other warranties, express or implied, including the warranties of merchantability & fitness for a particular purpose.
• If Client chooses a material that is not a recommended product of Surface Buff, LLC, the warranty is void.
• In no event shall Surface Buff, LLC be liable to the other or any third party in contract, tort or otherwise for incidental or consequential damages of any kind, including, without limitation, punitive or economic damages or lost profits, regardless of whether either party shall be advised, shall have other reason to know or in fact shall know of the possibility.
• If either party breaches any provision of this agreement and if such breach is not cured within thirty (30) days after receiving written notice from the other party specifying such breach in reasonable detail, the non-breaching party shall have the right to terminate this agreement by giving written notice thereof to the party in breach, which termination shall go into effect immediately on receipt.
• Surface Buff, LLC reserves the right to terminate this agreement without any penalties in the case of mistreatment or abuse by client, its employees or affiliates and client’s insistence to perform services or use of products not recommended by Surface Buff, LLC. All parties must try to rectify any situation prior to termination. If Surface Buff, LLC terminates for unreasonable reasons, Surface Buff, LLC shall be required to prorate the amount owed in this agreement and only charge for the services performed and any fees associated with changes.
• Client may at any time and for any reason terminate Surface Buff, LLC’s services and work at Client's convenience. Upon receipt of such notice, Surface Buff, LLC, shall, unless the notice directs otherwise, immediately discontinue the work and placing of orders for materials, facilities and supplies in connection with the performance of this Agreement. Upon such termination, Surface Buff, LLC shall be entitled to full payment of this Agreement and any change orders that may exist payable upon receipt of invoice.
• During the Term and thereafter, client agrees to take no action which is intended, or would reasonably be expected, to harm Surface Buff, LLC that will negatively impact its organization, its reputation, products, services, management or employees and/or subcontractors, or which would reasonably be expected to lead to unwanted or unfavorable publicity to Surface Buff, LLC.
• Nothing herein shall prevent client from making any truthful statement in connection with any legal proceeding or investigation by the Surface Buff, LLC or any governmental authority.
• This document contains the final agreement between the parties, all prior negotiations being merged into this document. This contract shall be governed by North Carolina law. Any dispute shall be resolved in the County where the project is located.
• This agreement shall be binding on and inure to the benefit of the parties hereto and their respective heirs, legal or personal representatives, successors, and assigns.
• Each party shall comply in all respects with all applicable legal requirements governing the duties, obligations, and business practices of that party and shall obtain any permits or licenses necessary for its operations. Neither party shall take any action in violation of any applicable legal requirement that could result in liability being imposed on the other party.
• Failure of either party to insist on strict compliance with any of the terms, covenants, and conditions of this agreement shall not be deemed a waiver of such terms, covenants, and conditions, or of any similar right or power hereunder at any subsequent time.
• By ordering services, the customer agrees to all the terms and conditions of SURFACE BUFF, LLC.
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PO Box 857 | Garner | North Carolina | 27529 | 919.341.2873 | email@example.com
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