2016-203-E AMS - SERVPRO of S. Durham & of OC for mold remediation in crawlspaces/living quarters in jail

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DocuSign Envelope ID:A460572D-33FD-41D4-B642-30AC78EOA8CD Payment. 100%($12,056.28)is due upon completion. Payments shall be made to"Servpro of South Durham& Orange County"by check,Visa,or Mastercard. Credit card payments may be made by telephone by contacting our office at(919)596-1242. 1. Access&Prerequisites.Work may need to be completed in the crawlspace and indoor living space. Client shall secure pets so to allow Provider access. No pets or persons are allowed in the workspace while project is active.Client shall have all contents removed from crawlspace prior to Provider's crew starting the cleaning. If Client fails to remove contents from crawlspace prior to Provider commencing work,Provider may charge client for the reasonable costs of moving the contents. 2. Waste. Provider will dispose of all waste from job site. 3. Chance Orders. Any labor,materials or other work beyond that identified in this Contract shall require a written amendment to this Contract and will result in additional charges to the Client. 4. Customization of Plans/Draws. Client and Provider expressly agree that Provider shall have the right,in its sole discretion,to customize construction plans and/or draws for any work to be performed under this Contract. 5. Provider's performance of Services is limited by,among other things,the pre-existing conditions and characteristics of the premises,materials,fabrics,furniture,and/or other items. PROVIDER EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY PRE-EXISTING CONDITIONS.Client shall retain responsibility and shall be liable for all effects of and costs necessary to correct such conditions,including, by way of example and not limitation,the conditions identified below: (a) Provider may,in its sole discretion,pre-test materials for removability of spots or stains;dye or color fastness;shrinkage;fading;adhesive breakdown;or other problems. It is not always possible to determine these conditions in advance. PROVIDER DOES NOT GUARANTEE SPOT OR STAIN REMOVAL AND COLOR FASTNESS OR PREVENTION OF SHRINKAGE, FADING,OR ADHESIVE BREAKDOWN. (b) Provider DOES NOT GUARANTEE that wall and ceiling cleaning will restore the original color to painted surfaces. (c) Not all fabrics are conducive to cleaning. Provider shall use reasonable efforts to advise Client of any adverse effects which may be reasonably foreseen due to the nature of the fabric or material involved. PROVIDER DOES NOT GUARANTEE THAT SUCH MATERIALS CAN BE CLEANED OR THAT THERE WILL BE NO ADVERSE EFFECTS FROM ANY ATTEMPT TO CLEAN SUCH FABRICS. (d) A variety of materials are used in the manufacturing,upholstery and/or installation process.These materials include backing,lining,tacks,or other unknown substances that may cause discoloration or other adverse effects to the face material.Client acknowledges that it is impossible to determine when such adverse effects may occur and PROVIDER DOES NOT GUARANTEE AGAINST SUCH ADVERSE EFFECTS. (e) Client acknowledges and agrees that mold is commonly found throughout the environment and that it is impossible to eradicate mold. PROVIDER DOES NOT GUARANTEE THE REMOVAL OR ERADICATION OF MOLD. 6. Returned Check. If Client's form of payment is returned for any reason by Client's bank or other financial institution,Provider may charge a returned check fee of$50.00 or the maximum permitted by law plus attorney's fees and all collection costs incurred as a result of the bad payment. Additionally,all future payments must be made in the form of acceptable funds as defined in the North Carolina Good Funds Settlement Act. 7. Late Payments.If Provider does not receive payment of the invoiced amount within five(5)days of the invoice date,late charges of 1.5%per month (or any portion thereof),or the maximum amount permitted by law shall be added to the balance due. 8. Delay. Provider shall be excused for any delay in completion of the Contract caused by acts of God,acts of Client/property owner(or owner's agent),stormy weather,labor trouble,acts of public utilities,public bodies or inspectors,extra work,failure of Client to make payments promptly,or other contingencies unforeseen by Provider,or beyond the reasonable control of the Provider. 9. PROVIDER SPECIFICALLY DISCLAIMS ANY AND ALL OTHER WARRANTIES AND ALL IMPLIED WARRANTIES (EITHER IN FACT OR BY OPERATION OF LAW)INCLUDING, BUT NOT LIMITED TO,ANY IMPLIED WARRANTIES OF MERCHANTABILILTY AND FITNESS FOR A PARTICULAR PURPOSE OR ANY IMPLIED WARRANTY ARISING OUT OF A COURSE OF DEALING,CUSTOM OR USAGE OF TRADE.THIS CONTRACT PROVIDES FOR THE 2 of 3 Client(s)Initials