These terms and conditions are incorporated into and made a part of the estimate (the “Estimate”) to which these terms and conditions are attached (such Estimate together with these terms and conditions, this “Agreement”). By signing the Estimate, you are authorizing us to perform the Services and agreeing to pay the fees and expenses set forth in this Agreement.

 

ESTIMATE.
The Estimate is valid for 30 days from the date of the Estimate. We reserve the right to review and adjust pricing following
the expiration of the Estimate.

THE SERVICES.
We will perform the services as described in the Estimate (the “Services”) in a timely manner and in accordance with the specifications set forth in the Estimate. If you request any alterations or deviations to the Services, or any services that are outside the scope of the Estimate, we will perform those services only if we have provided you with a written change order describing those services and you have approved the same in writing.
You will cooperate with us to enable us to perform the Services and provide such access to your premises for the purpose of performing the Services. If Our performance of Our obligations under the Agreement is prevented or delayed by any act or omission by You or Your agents, subcontractors, consultants or employees, We shall not be in breach or deemed in breach of the Agreement or otherwise liable for any costs, charges, or losses sustained or incurred by You, in each case, to the extent arising, directly or indirectly, from such prevention or delay.
If our performance of our obligations under the Agreement is prevented or delayed by any act or omission by you or your agents, subcontractors, consultants or employees, we shall not be in breach or deemed in breach of this Agreement or otherwise liable for any costs, charges, or losses sustained or incurred by you, in each case, to the extent arising, directly or indirectly, from such prevention or delay.

FEES.
We will invoice you for the amounts due with respect to the Services (the “Fees”). Payment of invoiced Fees is due within 30 days of the date of the invoice. Past due amounts will accrue interest at the rate of two percent (2%) per month until paid in full. You agree to reimburse us for all costs incurred by us for collecting any amounts due hereunder, whether or not suit is filed (including, but not limited to, attorneys’ fees).

If you cancel the Services on the same day the Services are to be performed, you will pay a cancellation fee equal to 50% of the Fees, unless such cancellation is due to an act of nature as determined in our reasonable discretion.

INHERENT RISKS; INDEMNIFICATION.
You acknowledge that we, as an independent contractor, do not maintain and have no responsibility for the condition of the work site. You also acknowledge that our services involve inherent risks that can create hazards to persons and property, including but not limited to ice, frozen and slick surfaces, standing water, flying debris (e.g. rocks), exposure to hazardous chemicals, paint removal, and damage to nearby vehicles and other personal property (“Inherent Risks”). You agree that you will indemnify, defend, and hold us, and our directors, officers, equity holders, employees, agents and representatives, harmless from all claims, damages, costs, fees (including reasonable attorney’s fees), expenses, and other liabilities arising from the condition of the work site and/or any one or more Inherent Risks.

WARRANTY.
We represent and warrant to you that we will perform the Services using personnel of required skill, experience and qualifications and in a professional and workmanlike manner in accordance with generally recognized industry standards for similar services and shall devote adequate resources to provide the Services in accordance with this Agreement. Your sole remedy with respect to any breach of this warranty shall be the reperformance of the non-conforming Services or if such Services cannot be reperformed then a credit in the amount that you paid (if any) for the non-conforming Services that can be applied solely against future Services.

DISCLAIMER OF WARRANTIES.
EXCEPT FOR THE WARRANTY SET FORTH ABOVE, WE MAKE NO REPRESENTATION OR WARRANTY WHATSOEVER WITH RESPECT TO THE SERVICES, INCLUDING ANY WARRANTY OF MERCHANTABILITY; OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.

LIMITATION OF LIABILITY.
OUR LIABILITY FOR A CLAIM OF ANY NATURE ARISING OUT OF THIS AGREEMENT, REGARDLESS OF WHETHER THE CLAIM IS BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, SHALL NOT EXCEED THE FEES PAID BY YOU TO US FOR THE SPECIFIC SERVICE GIVING RISE TO SUCH CLAIM, AND IN NO EVENT WILL OUR TOTAL AND CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING OUT OF THIS AGREEMENT EXCEED THE LESSER OF: (A) THE TOTAL FEES PAID BY YOU TO US UNDER THIS AGREEMENT, OR (B) $1,000,000. WE ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY CONTRACTORS OR ANY OTHER SOURCE OF GOODS OR SERVICES OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGE OR EXPENSE RESULTING THEREFROM. IN NO EVENT SHALL WE BE LIABLE FOR ANY LOSS OF USE, REVENUE OR PROFIT, OR DIMINUTION IN VALUE, OR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT OR THE SERVICES, WHETHER BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAD BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES.

GENERAL PROVISIONS.
Neither party shall be in default or otherwise liable for any delay in or failure of its performance under this Agreement by reason of any act of God, fire, natural disaster, accident, riot, pandemic, epidemic, act of government, strike or labor dispute, shortage of materials or supplies, failure of transportation or communication or of suppliers of goods or services, or any other cause beyond the reasonable control of such party. This Agreement is governed by the laws of the State of Colorado, without regard to principles of conflicts of law. You and we agree to submit any dispute arising out of or relating to this Agreement, or the breach thereof, to final and binding arbitration before a single arbitrator in accordance with the American Arbitration Association’s Commercial Arbitration Rules. The arbitration shall be conducted before a single arbitrator in Denver, Colorado, and judgment on the award may be entered in any court having jurisdiction. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersede all previous or contemporaneous agreements, proposals, understandings and representations, written or oral, with respect to the terms and conditions hereof. This Agreement may only be modified or amended in a writing signed by a duly authorized representative of each party. The headings of Sections of this Agreement are for convenience and are not to be used in interpreting this Agreement. As used in this Agreement, the word “including” means “including but not limited to”. In any action or proceeding to enforce any of the terms or provisions of this Agreement or on account of the breach hereof, the prevailing party shall be entitled to recover all its expenses, including, without limitation, reasonable attorney’s fees.
 

DEFINITIONS.
The following terms, when used in this Agreement (whether or not capitalized), shall have the following meanings:
“We”, “us”, “our” and similar terms used these terms and conditions mean and refer to Ascend Pressure Washing LLC.
“You,” “your” and similar terms used in these terms and conditions mean and refer to the company, entity, or person to whom the Estimate is addressed.

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