1. 1. Invoice Due Date. All invoices are due in full within ten (10) days of invoice date.
2. 2. Late Fee. If Customer’s account is not paid in full within ten (10) days of invoice date, unpaid balances shall be assessed a late fee of one and one-half percent (1.5%) compounded monthly; or eighteen percent (18%) compounded annually.
3. 3. Legal Fees. If Customer fails to pay pursuant to the terms and Contractor takes legal action to collect any unpaid balance due, Customer shall be liable for all amounts incurred in collecting unpaid balance, including but not limited to reasonable attorney fees, collection agency fees, court costs, deposition and transcript costs, sheriff fees, special process server fees, and bond costs. Customer assigns its existing or hereafter created accounts receivable as security for any indebtedness incurred to Contractor under their account.
4. 4. Complaints. All complaints regarding an invoice shall be made within seven (7) days from the date of the invoice or the invoice shall be deemed to be accurate and the services detailed therein performed satisfactorily, and Customer waives the right to challenge the accuracy of the invoice amount or the quality of the performance of the services detailed therein.
5. 5. Access to Premises. Customer shall afford Contractor and its employees, agents, and subcontractors access to the premises at all times and Contractor shall not be held liable for breach of this contract for failure to perform services when said access is denied or unavailable. Furthermore, Contractor shall not be held liable for the breach of this contract for any delay in rendering services caused by Customer’s failure to grant access to said premises.
6. 6. Concealed Contingencies. The correction of undisclosed subsurface conditions which are not apparent at the time of estimated may result in additional costs by the Contractor. Upon discovery of undisclosed conditions, Contractor shall notify Customer for written approval before corrective measures are taken.
7. 7. Changes. Changes in the work may be accomplished after execution of this contract and without invalidating this contract only by execution of a written change order signed by Contractor and Customer, which will set forth the change(s) and terms of said change(s). The only individuals who have authority to sign such written change orders on behalf of Contractor are the representative of Contractor or authorized signatory of Flader Plumbing & Heating Co. Oral change orders shall have no legal effect nor shall written change orders sighed by unauthorized employees or agents of Contractor.
8. 8. Reporting of Damages. Customer shall report any damages allegedly caused by Contractor within twenty-four (24) hours of the time the damage occurred. Failure to report damages to Contractor within this time period shall constitute a waiver of any claim for said damages and Contractor shall be released from any and all liability to Customer.
9. 9. Limits of Liability for Delay. Contractor shall not be liable for delays in rendering services under this contract which are beyond its control including but not limited to traffic conditions, equipment failure, natural disasters, back orders, strikes, accidents, etc.
10. 10. Utility Lines. Contractor will assume the responsibility for contacting the local utility services (i.e., JULIE and/or D.I.G.G.E.R.) for underground line locations. Contractor shall not be held responsible for any sub-surface lines which are not normally located and marked by the local utility location services. These would include but are not limited to invisible-dog fences, cable TV, security lines, irrigation or lighting systems, gas barbecue lines, and pool equipment lines.
11. 11. Limited Warranty. For one (1) year after the date of service under this contact, Contractor will warrant the work performed under this contract. CONTRACTOR EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES EITHER EXPRESSED OR IMPLIED INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY AND IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. CONTRACTOR SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL DAMAGES, DAMAGES FOR LOSS OF USE, LOSS OF PROFITS OR INCOME, OR ANY OTHER INCIDENTAL DAMAGES.
12. 12. Choice of Law. The contract will be governed by the laws of the State of Illinois. If any provision of this contract is illegal or unenforceable, it will be deemed stricken from this contract and the remaining provisions of this contract will remain in full force and effect.
13. 13. Assignment. None of the parties may assign any of the rights or obligations under this contract and any attempt at such assignment shall be void without the prior written consent of the other party.
14. 14. Cancellation. This contract may be cancelled by Customer within three (3) business days if the contract is made at Customer’s home.
15. 15. Entire Agreement. This contract contains the entire understanding of the parties with respect to its subject matter and supersedes and extinguishes all prior oral and written communications between the parties about its subject matter.
16. 16. Hazardous Materials. It is the sole responsibility of the building owner and/or its agent for the collection and removal of any hazardous waste or substances that are present at any time the proposed work is being done. If the building owner or its agent is aware of any hazardous conditions prior to the commencing of this work, it is their responsibility to notify Flader Plumbing & Heating Co. of said conditions immediately.