TAC
Terms and Conditions
Legal Disclosure 1. Entire Agreement - This document states the entire agreement between Owner and G & S Window Washing, Inc. (Hereinafter “Contractor”). NO REPRESENTATIONS, PROMISES, OR WARRANTIES, EXPRESS OR IMPLIED, HAVE BEEN MADE BY THE CONTRACTOR TO THE OWNERS EXCEPT THOSE STATED IN THIS CONTRACT. Any conversations between the Owner and Contractor cannot change this agreement. Any changes must be in writing and signed by the Owner of G & S Window Washing, Inc. 2. Titles - Titles and headings to articles section, or paragraphs in this Agreement are inserted for convenience of reference only and are not intended to affect the interpretation or construction of the Agreement. 3. Owner’s Cooperation - Owner will provide Contractor access to water, and electricity at no charge to Contractor. 4. Warranty a. Term- THE DURATION OF ANY WARRANTIES FOR DEFECTIVE LABOR AND/OR MATERIALS INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS, IS LIMITED TO THE DURATION OF THIS LIMITED WARRANTY. CONTRACTOR MAKES NO OTHER WARRANTIES EXPRESS OR IMPLIED. Due to the nature of cleaning services, G & S Window Washing, Inc. cannot provide any guarantee as to the amount of time that the windows will remain clean once it’s employees have left the site. b. Exclusions - G & S Window Washing, Inc. is not responsible for glass breakage, glass cracks or scratches in glass that were present prior to window cleaning. G & S Window Washing, Inc. does not warrant against breakage, cracks or scratches (including but not limited to scratches specifically caused by fabricating debris or glass fines) caused by foreign objects or fabricating debris including but not limited to paint, cement, tape mortar or caulking affixed to the glass. G & S Window Washing, Inc. makes no warranty against dirt or other debris which attaches to the glass after the work is completed. c. Scope - The warranty described in this paragraph will be IN LIEU OF any other warranty, express or implied, including but not limited to, any implied warranty of MERCHANTABILITY, or fitness for a particular purpose. d. Claim by Owner - If the Owner has a claim under this warranty, the Owner must notify contractor in writing within thirty (30) days of the first appearance of the defect. e. Effective Date - Full payment of all amounts due under the contract is an express condition precedent to Contractor’s duty to perform any remedial work under this warranty. 5. Dispute Resolution - If a party feels that the other party to this contract has failed to
uphold any provision of this contract which has not been resolved to their satisfaction by direct negotiation the following dispute resolution process shall be followed: a. Notice - Prior to resorting to any formal dispute resolution process a party to this contract shall provide a written notice to the other party advising them of the issue they would like to see addressed, and a proposed resolution. The parties shall attempt to resolve the issues raised in good faith. b. Mediation - If the parties are unable to resolve their differences by direct negotiation and exchange of written notices they shall first attempt to resolve the dispute by using mediation services provided by the Oakland Mediation Center 550 Hullet Drive Ste 102, Bloomfield Hills MI (248) 338-4280. 6. Resultant Damages - Contractor will not be liable for any loss, damage, or injury resulting from delay in delivery or installation of the services and/or goods or for any failure to perform which is due to circumstances beyond its control. The maximum liability, if any, of the contractor for all damages, including without limitation, contract damages and damages for injuries to person or property whether arising from Purchaser’s breach of this agreement, breach of warranty, negligence, strict liability, or other tort, is limited to an amount not to exceed the purchase price of the services and/or goods contracted for between the parties. In no event will the contractor be liable to the purchaser for any incidental, consequential or special damages, including without limitation lost revenues and profits, even if Contractor has been advised for the possibility of such damages. 7. Interest- Any sums due to G & S Window Washing, Inc. under the terms of this agreement which are not paid when due will bear interest at the highest legal rate, not to exceed one and one-half percent per month (18% per annum). 8. Attorney Fees- If G & S Window Washing, Inc. requires the service of an attorney for enforcement of any provision or agreement, Purchaser agree to pay contractor’s actual attorney fees. 9. Time of Performance- All parties understand that time is of the essence for this project, and all work contracted for will be done at a mutually agreeable time when scheduling allows. The contractor will not be liable for delays caused by strikes, weather conditions, delay in obtaining material, permits or other causes beyond its control. 10. Notices - All notices and other communications required or permitted under this agreement must be in writing and will be deemed given when delivered personally or by mail addressed as follows: If to G & S Window Washing, Inc., 1000 Livernois Rd, Troy, MI 48083 If to Purchaser to the name and address appearing on the front side of this contract.
