Payment Terms: Payment is due upon receipt. For those Customers who have established an account with WCS,terms are NET 30. A monthly service charge at 1.5% or the maximum amount allowable by law shall be applied to delinquent accounts.
Pre-existing Conditions: WCS is not responsible for pre-existing conditions to any Equipment, including without limitation, any condition or damage caused by a prior service company. WCS is not responsible for any loss or damage to Equipment due to improper construction or maintenance in general, or non-compliance with NFPA 96 codes or any Federal, state, county or city building code, rule, law or regulation. “Equipment” includes all types of exhaust systems, refrigerators, freezers, sheet metal fabrications, HVAC units, and all associated hoods, ducts, fans, machines, coolers, structures, systems, equipment, and parts upon which WCS agrees to perform work.
Field Service Cancellation: Customer shall give notice of at least one business day to cancel or reschedule any scheduled on-site Field Service. Failure to provide such notice will result in Customer’s agreement to pay 50% of the Field Service fee if the cancellation is made prior to a WCS team arriving at the Field Service location. For cancellations made once the Field Service team arrives at the location at the scheduled service time, Customer agrees to pay the full Field Service fee. “Field Service” includes the cleaning, maintenance, installation, servicing, building, design, reconditioning, replacement, inspection, correction and/or repair of Equipment and any other service which WCS has agreed to perform.
Additional Work: Any work in addition to the Field Service specified on the front of Customer’s contract will be paid by Customer at WCS’s current time and material rate. Filter cleaning is specifically excluded from exhaust cleaning service agreements, and the Customer shall pay WCS’s prevailing rate if the Customer requests WCS to clean the exhaust hood filters.
Safety: WCS is not responsible for the safety of Customer’s employees, agents, customers or guests. It is the sole responsibility of Customer to keep its employees out of the work area(s) used by WCS during the entire Field Service process. Customer specifically agrees to follow any safety practices specified by WCS. Customer shall disclose to WCS all facts and information affecting or likely to affect the Equipment and/or the Field Services and the health and safety of WCS employees, agents and sub-contractors in the performance of the Field Services and shall from time to time promptly disclose to WCS any alterations or prospective alterations to such facts and information.
Wear and Tear: WCS is not responsible for normal wear and tear on Customer’s Equipment or any other property. Access To Facility: Customer is responsible to provide safe useable cleaning access for all horizontal ductwork and changes in direction of ductwork. Customer shall ensure that WCS has access to the facilities WCS will require to perform the Field Services.
Inaccessible Areas: WCS is not responsible for inaccessible areas, other than to report their existence to Customer, who shall be responsible to remedy the inaccessibility. Systems with inaccessible areas may not be able to be certified clean per NFPA 96 standards.
Access Panels: If it becomes necessary to add additional access panels to clean Customer’s Equipment, Customer agrees to allow WCS to cut such panels and shall reimburse WCS for labor and materials at prevailing rates. Upblast Fans: Any upblast fan to receive Field Service must be tipabble and have sufficient flexible electrical conduit for the fan to be removed safely. WCS will use due care but shall not be responsible for consequences resulting from a faulty or missing hinge assembly, faulty flexible wiring or electrical components, worn bearings, fan belts or other unforeseen conditions.
Food Contamination: Customer is responsible for removing food products from any Field Service area prior to scheduled field services. WCS will cover the equipment before cleaning, but will not be responsible for any food left in a Field Service area that becomes contaminated.
Equipment Cleaning: Customer understands that all equipment deep cleaning and degreasing services require a 24 hour post service dry time for the equipment prior to restarting the equipment. If the equipment is restarted prior to the 24 hour drying period, WCS will not be responsible for any damages.
Fire Suppression System: Agreements for the maintenance of any fire suppression system shall be specifically listed in the agreement if they are a part of the agreement. In addition, WCS will not be responsible for any accidental discharge of such systems during Field Service.
Waiver of Insurance: WCS is not an insurer. Customer shall provide insurance to cover personal injury and property damage or loss resulting from Field Service, and Customer waives any right to make a claim under WCS’s insurance coverage, if any.
Waiver of Liability and Damages: WCS shall not be liable, and Customer waives any liability of WCS, for incidental, punitive or consequential losses or damages due to Field Service, even in the event of nonperformance or negligent performance of WCS’s obligations under a contract. The amount of money paid by Customer for Field Service is insufficient for WCS to represent, warrant or guaranty that no loss will occur.
Waiver of Warranties: Customer hereby waives and disclaims any and all representations and warranties by WCS, whether express or implied, including without limitation those of merchantability or fitness. WCS will not be responsible for any consequential loss or damage caused by any breakdown, stoppage or failure of any Equipment or machinery whatsoever.
Waiver of Subrogation and Indemnification: Customer waives on its own behalf, and on behalf of its insurer(s), the right to subrogate against WCS. Customer agrees to, and shall, indemnify, defend and hold harmless WCS, its employees and agents, for and against all third party claims, lawsuits, demands, charges, judgments, fines, penalties, expenses, losses and damages alleged to be caused by WCS’s performance, negligent performance or failure to perform its obligations under Customer’s contract.
Liquidated Damages: Since it is impractical and extremely difficult to fix actual damages which might arise due to the failure of Field Service to be provided, if, notwithstanding the above provisions, there should arise any liability on the part of WCS, such liability shall be limited to $1,000. This sum shall be the complete limit of WCS’s liability and shall not be deemed to be a penalty. In the event Customer wishes WCS to increase the scope of its potential liability, Customer may as a matter of right obtain from WCS a higher limit by paying an additional amount proportioned to the increase in the scope of potential liability; but such additional obligation shall in no way be interpreted to hold WCS as an insurer.
Wastewater: WCS is not responsible for the composition of the grease, oil or other buildup removed while providing the Field Service, or for its disposal or treatment. Any products removed from the Equipment or created while providing the Field Services will remain the responsibility and property of Customer, including, without limitation, wastewater. WCS is not responsible for clogged drains or any contamination of ground, air, or water resulting from providing the Field Service. WCS is not aware of the ultimate destination of any roof or other drains, and Customer shall be responsible for any outflow resulting from the Field Service.
Clean-up Charge: Any inspection during the bid process is cursory. If during the Field Service it becomes apparent that there is additional work to be done due to working conditions, or previous neglect, Customer agrees to pay appropriate labor and materials charges to WCS at WCS’s prevailing rates.
Roof: If any grease is discovered on the roof areas, WCS will attempt to clean the grease off the roof, but will not be liable for roof damages resulting from such Field Services.
Approvals/Permits: Customer shall obtain, pay for, and maintain all necessary permits, approvals, and consents in respect to the Equipment and the Field Services. Customer shall promptly supply to WCS evidence of such approvals/permits as WCS may require from time to time.Frequency: Customer is responsible for determining adequate frequencies for the Field Services to prevent excessive grease build-up. WCS will not be responsible for Equipment that has become overdue for cleaning or other maintenance. Customer acknowledges that Equipment may need cleaning or other maintenance more often due to circumstances beyond WCS’s control.
Overdue Cleaning: Customer acknowledges that the failure to timely clean Equipment may result in a surcharge to compensate WCS for the extra time required to clean the additional build-up. The surcharge will be charged to Customer at WCS’s prevailing labor and materials rates. In addition, Customer acknowledges that per the conditions of WCS’s professional license, WCS must report a cancelled contract, overdue Field Services, and state and local code violations.
Plans and Specifications: Prices quoted and the Field Services to be provided are based on the plans supplied by Customer. Non-conformance to the plans supplied, or the absence of plans, may result in additional contract charges.
Contract Cancellation: Customer shall give WCS a 30–day prior written notice of its cancellation of a Field Service contract. The fee for a cancellation of a Field Service contract is equal to the amount of two cleanings under the contract.
Delay: WCS shall not incur or be responsible or liable for any liability of any nature whatsoever for any delay in performing Field Service or any loss, cost, or damage arising therefrom if such loss, damage, delay, or failure is attributable in whole or in part to any cause or any causes beyond the reasonable control of WCS. These causes include, but are not limited to, any act of God or public enemy; compliance with any order, decree, or request of any governmental authority; act of declared or undeclared war; public disorder; rebellion; sabotage; fire; flood; explosion; accident; riot; delays in transportation; strike; labor difficulty; inability to obtain necessary fuel, material, or equipment from normal sources of supply; declaration of national emergency; or any other cause not within the control of WCS of which WCS is unable to avoid by exercise of reasonable care.
Upon the occurrence of any such delay, the estimated time for completion of the Field Service shall be extended for a time equal to the delay time reasonably attributable to the cause.
Attorneys Fees and Costs: In any action by WCS to enforce the obligations of Customer under a contract or Field Service order with WCS, Customer shall pay the costs of enforcement, including but not limited to the fees of legal counsel.
Entire Agreement: This contract shall be construed in accordance with the laws of the State of Nevada and any action to enforce or interpret its terms shall be brought exclusively in Clark County, Nevada. This contract represents the entire agreement between the parties, as set forth herein. No other representations, promises, or conditions not contained herein shall modify its terms.