CentiMark Corporation Service Proposal Terms and Conditions
These Terms and Conditions, together with the CentiMark Proposal accepted by Purchaser hereby form the Agreement for the performance of the Work set forth in the Proposal. The scope of Work is limited to what is stated in the Proposal. Unless specifically stated in writing, the price does not include removal or abatement of any hazardous materials, including but not limited to asbestos. In addition, unless specifically stated in the Proposal, there is no warranty of any kind either expressed or implied and CentiMark DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, AND NONINFRINGEMENT.
Purchaser acknowledges that CentiMark has not performed any engineering, architectural or other such analysis of the structure upon which the Work is being performed (Building), and that CentiMark has not and will not perform any consulting services, or in any way represent itself as a consultant. Moreover, Purchaser acknowledges that it is responsible for obtaining any structural, engineering or other architectural analysis of the Building(s) on which the Work is to be performed.
Unless otherwise stipulated, payment terms covering the services provided herein are: Price due in full upon receipt of invoice. In the event Purchaser fails to pay any balance when due, then the entire balance shall immediately be due and payable. A service charge of 1% per month will be added to all balances past due 30 days, except that if a lesser amount is mandated by any controlling law, then the rate shall prevail.
Purchaser agrees that it has informed CentiMark of all current and non-CentiMark Corporation warranties in effect on the Building. Purchaser shall indemnify, protect and hold CentiMark harmless from any claims (including court costs and legal fees) damages, actions or injuries, or the termination of a non-CentiMark Corporation warranty, arising from the performance by CentiMark Corporation of this Work.
The performance of the Work contemplated by this Agreement shall be governed solely by the terms and conditions stated herein, and no other terms and conditions, order acknowledgement or purchase order or any other kind of documentation furnished by the Purchaser shall be construed as an acceptance of any terms or conditions contained in such document which are inconsistent with the terms and conditions stated herein.
Any disputes or actions relating to or arising out of the Work to be performed pursuant to this Agreement shall be exclusively governed by the laws of the Commonwealth of Pennsylvania. Jurisdiction and venue of any and all causes of action arising out of or relating to this Agreement shall be exclusively vested in the United States District Court for the Western District of Pennsylvania or state courts in Allegheny County, Pennsylvania. Purchaser irrevocably waives any objection it now has or may hereafter have to the convenience, fairness or propriety of said venue.
Purchaser acknowledges and agrees that moisture may have entered into the building prior to CentiMark’s performance of the Work hereunder, which may have resulted in mold growth. CentiMark disclaims any and all responsibility for damage to persons or property arising from or related to the presence of mold, lichen, algae, mildew, fungi, microbe, spore, microbe spore, mycotoxin or other similar microbial condition (Mold) in the Building. By accepting the Agreement, Purchaser agrees to the following: 1) releases CentiMark from any and all claims Purchaser and Purchaser’s insurer, employees, tenants and/or any other building occupant or invitee may have as a result of such Mold growth; and 2) agrees to defend, indemnify, and hold harmless CentiMark from any and all penalties, actions, liabilities, costs, expenses and damages arising from or relating directly or indirectly to the presence of Mold on or in the Building.