1-877-DUMP-PRO’S CONTRACTUAL TERMS & CONDITIONS
THIS AGREEMENT made effective the day and date of signature on reverse side of this Agreement hereafter known as (the “Contract”) BETWEEN the Customer or property owner, hereafter known as (“Customer”) and 1-877-Dump-Pro, hereafter known as (the “1-877-Dump-Pro”). WHEREAS:
A. The Customer requires services as set out on the 1-877-Dump-Pro Quote/Proposal/Estimate Contract, hereafter known as (“Services”) customer known herein and hereafter shall be known as (“Customer”);
B. 1-877-Dump-Pro wishes to provide Services for Customer and both parties hereby agree to work being performed under the guidelines of the terms & conditions hereafter set out. NOW THEREFORE the parties hereto agree to Terms & Conditions as follows:
- 1-877-Dump-Pro shall provide Services in a proper, skilful and professional manner and standard. 1-877-Dump-Pro shall provide all labor to complete the Services. 1-877-Dump-Pro shall further supply any and all equipment needed to perform Services, e.g., dump trucks, bobcat’s with jackhammer, backhoe attachments, etc… 1-877-Dump-Pro shall perform such services as required under the terms of this Contract and Customer shall pay 1-877-Dump-Pro for such services performed in the amount agreed to and described in the Quote/Proposal/Estimate/Contract/Invoice and other sales literature.
- The Customer shall pay 1-877-Dump-Pro the amount as agreed to and set forth by the Quote Proposal/Estimate/Contract/Invoice which is incorporated herein by reference, the total sum payable promptly and in US Dollars for the provision of the Services as agreed and invoiced, in the manner which this Contract stipulates, plus applicable additional expenses and taxes if applicable.
- 1-877-Dump-Pro shall invoice the Customer and Customer shall promptly remit payment on demand and upon receipt of the 1-877-Dump-Pro’s Invoice. This Contract shall commence on the day and date of the signature on this page and shall be complete upon the completion of work as agreed to set forth on the Quote/Proposal/ Estimate/Contract/Invoice on the reverse side. Either party may terminate this Contract by means of a written day notice sent via either registered mail or certified mail and or via return receipt requested, to the other party. All notices must be timely and in writing via the methods described herein above. This Contract may only be terminated for non-performance by Customer, however, 1-877-Dump-Pro may terminate this Contract at will due to Customer non-payment, poor Customer relations, Customer additions and Customer changes to the Quote/Proposal/ Estimate/Contract/Invoice that do not become agreed to, and or Customer precluding 1-877-Dump-Pro the ability to complete such Services as set forth on the original Quote/ Proposal/Estimate/Contract/Invoice. Additionally, if 1-877-Dump-Pro terminates such contract of Services for any reason as described herein, Customer shall immediately pay 1-877-Dump-Pro for the entire amount due for Services Rendered on the Quote/Proposal/Estimate/Contract/Invoice and Customer further agrees to provide 1-877-Dump-Pro with an immediate Default Judgment for the same dollar amount of this Quote/Proposal/Estimate/Contract/Invoice without contest at any California Court. If Customer terminates such Services, Customer must provide the other party with a detailed written notice specifying in detail the nature of any deficiency in performance. The non-terminating party shall have 30 days to cure, to the reasonable satisfaction of the terminating party. If such satisfaction is not obtained by the end of the 30th day, the terminating party shall notify the non-terminating party in writing, of the failure to cure and the Contract shall at that point become terminated 30 days after such date of said final notice. If this Contract is terminated, by either party Customer shall be liable for all payments due 1-877-Dump-Pro, this includes but is not limited to all Services completed as a result of work performed by 1-877-Dump-Pro up to the end of the said 30 days of the final notice of termination, and all outstanding expenses and applicable taxes and is due immediately. 1-877-Dump-Pro has the sole discretion to determine whether 1-877-Dump-Pro shall terminate this Contract for reasons of non-payment at anytime.
- CHANGES OR ADDITIONS TO WORK. Should the Customer, owner, construction lender, or any public body or inspector direct any modification or addition to the work covered by this contract, the contract price shall be adjusted accordingly to reflect the increase in cost. Modification, additions and changes to the work shall be executed only when both the Customer and 1-877-Dump-Pro have signed a Contract and or a Contract Change Order or if 1-877-Dump-Pro has completed the work of the Change Order per a verbal Contract / Instruction by the Customer. The change in the contract price caused by such Contract Change Order shall be as agreed to in writing or as required and deemed fit by 1-877-Dump-Pro in order to complete the extra work requested. In the event the parties are not in agreement as to the change in contract price, then 1-877-Dump-Pro’s actual cost of all labor, equipment, subcontracts and materials, plus a Change Order fee of 15% shall be the change in contract price. The Change Order may also increase the time within which the contract is to be completed. 1-877-Dump-Pro shall promptly notify the Customer of (a) latent physical conditions at the site differing materially from those indicated in the contract, or (b) unknown physical conditions differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this contract. Customer as added work shall pre-pay any out-of-pocket expenses incurred due to such conditions. Any such Change Order, if agreed to or performed on by 1-877-Dump-Pro shall constitute an addendum to this Contract and all the same terms and conditions shall apply.
- 1-877-Dump-Pro shall perform in all respects as an independent contractor and not as an employee or agent of the Customer. However, because 1-877-Dump-Pro’s work may be associated in the minds of the public with the Customer, 1-877-Dump-Pro shall ensure that its employees, subcontractors and agents perform in an orderly, responsible and courteous manner. 1-877-Dump-Pro may subcontract portions of this work to properly licensed and qualified contractors without notice.
- 1-877-Dump-Pro shall be insured and maintain such insurance against any risks, which may be incurred in the performance of the Services provided. 1-877-Dump-Pro shall supply Customer, upon request, with copies of the insurance policy coverage of one million dollars.
- No intoxicants, illegal drugs, nor employees or agents under the influence of any substance that may impair their performance shall be allowed on the job at any time and 1-877-Dump-Pro shall promptly remove from the job site any of its employees or agents who is or appears to be under the influence of any of these substances or is otherwise unsafe or disorderly.
- CLEAN UP. 1-877-Dump-Pro will remove debris and surplus materials created by the operation and leave Customer’s property in a neat and broom clean condition.
- 1-877-Dump-Pro shall indemnify and hold harmless the Customer for any damages or injuries to Dump-Pro, its employees, agents and assignees and to any third parties of 1-877-Dump-Pro, which may result from the performance of the Services.
- 1-877-Dump-Pro states that it has familiarized itself with the job site and understands Customer’s written signed-for job requirements of Services to be performed.
- This Contract may not be modified or amended except with written consent of both parties. All notices required or permitted to be given pursuant to this Contract shall be delivered as described previously herein on reverse side of this agreement, directly to such party’s addresses, respectively or at such other address as either party may stipulate by written notice to the other party at another time. Any notice delivered, as stated herein shall be deemed delivered properly by both parties as being received on the date of actual delivery thereof. Any notice so sent by any other means or methods other than what is outlined above herein, shall not be deemed a proper delivery notification.
- This Contract may be assigned by 1-877-Dump-Pro without the prior written consent of the Customer, however, 1-877-Dump-Pro may hire any entity to complete such said Services as deemed necessary.
- CUSTOMER’S RESPONSIBILITIES. Customer agrees to allow and provide 1-877-Dump-Pro equipment access to the property.
- DELAYS. 1-877-Dump-Pro agrees to start and diligently pursue work through to completion, but shall not be responsible for delays for any of the following reasons: lack of deposit payment, failure of the issuance of all necessary building permits within a reasonable length of time, funding of Customer loans, disbursement of funds into funding control or escrow, acts of neglect or omission of Customer or Customer’s employees or Customer’s agent, acts of God, stormy or inclement weather, strikes, lockouts, boycotts, or other labor union activities, extra work or changes ordered by Customer, acts of public enemy, riots or civil commotion, inability to secure material through regular recognized channels, imposition of Government priority or allocation of materials, failure of Customer to make payments when due, or delays caused by inspection or changes ordered by the inspectors of authorized governmental bodies, or for acts of independent contractors, or holidays, or other causes beyond 1-877-Dump-Pro’s reasonable control.
- TAXES AND ASSESSMENTS. Customer will pay for taxes and assessments of all descriptions.
- COMPLIANCE WITH LAWS. In connection with the performance of Services by 1-877-Dump-Pro and or its duties pursuant to this Agreement, the Customer shall obtain and pay for all permits and comply with all federal, state, county and local laws, ordinances and regulations and shall and hereby indemnifies 1-877-Dump-Pro and further agrees to hold 1-877-Dump-Pro completely free from any liability regarding the compliance of any and all laws.
- ARBITRATION, VALIDITY AND DAMAGES. Any controversy or claim arising out of or related to this contract, or the breach thereof by Customer, shall be settled by arbitration in accordance with the Arbitration Rules of the American Arbitration Association, and judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. Customer hereby acknowledges that 1-877-Dump-Pro is being paid for Services rendered in accordance with this Contract. Customer further agrees to pay 1-877-Dump-Pro promptly in accordance with this Agreement and the failure to do so could cause 1-877-Dump-Pro irreparable harm and financial injury. As such, Customer agrees that 1-877-Dump-Pro shall have the right to seek and obtain rights and remedies available to 1-877-Dump-Pro under the law, and outside of any arbitration clauses that Customer may be required to follow and in the event of any controversy or claim arising out of or relating to this Contract, or the breach hereof, which cannot be amicably settled between the parties, a legal action may be necessary to settle the dispute. In the event that any action must be taken, 1-877-Dump-Pro shall be entitled to recover all reasonable attorneys fees, costs, and expenses in connection with or arising from such actions or proceedings, including without limitation, other court costs, charges for expert witnesses, accountants, and the like, travel expenses, lodging, cost of collections and other associated costs incurred through all of the trial, administrative and post-judgment proceedings, and may be collected and taxed as costs.
- ASBESTOS AND HAZARDOUS WASTE. Unless the contract specifically calls for the removal, disturbance, or transportation of asbestos or other hazardous substances, the parties acknowledge that such work requires special procedures, precautions, and/or licenses. Therefore, unless the contract specifically calls for same. Therefore, if 1-877-Dump-Pro encounters such substances, 1-877-Dump-Pro shall immediately stop work and allow the Customer to obtain a duly qualified asbestos and/or hazardous material contractor to perform the work or do the work at 1-877-Dump-Pro’s option. Said work shall be treated as an extra Change Order under this same contract.
- Any disputes that may arise under this Contract shall be resolved in the following manner:
(a) Initially, by informal discussion between 1-877-Dump-Pro and the Customer;
(b) If the matter is not resolved by (a) above, written discussions between the Customer and 1-877-Dump-Pro shall commence;
(c) It is agreed that the Customer may seek damages based on any controversy or claim arising out of or related to this Contract, or the breach thereof, if so, than such a claim of Customer shall be settled by arbitration in accordance with the arbitration rules of the American Arbitration Association and Judgment upon the award rendered but he Arbitrator(s) may be entered in court having jurisdiction thereof. Customer may not choose to use Small Claims Court as a venue for settlement of such a dispute, only Arbitration may be used. Notice:
By your signature on the front of this page, you are agreeing to all the terms and conditions of this document and you further agree to have to have any dispute arising out of this matter included in the “Arbitration of Disputes” provision decided neutral Arbitration as provided by California Law and you agree to give up any and all rights you might posses, to have the dispute litigated in a court or by jury trial and any and all judicial rights to discovery and appeal. If you refuse to submit to Arbitration after agreeing to this provision, you may be compelled to Arbitrate under the Business and Professions Code or other applicable laws. Your agreement to this Arbitration is voluntary. I (we) have read and understand the foregoing and agree to submit all disputes arising out of the matters included in the “Arbitration of Disputes” provision to neutral arbitration. I (we) agree to such Arbitration.
(d) Customer hereby acknowledges that 1-877-Dump-Pro is being paid for Services rendered in accordance with this Contract. Customer further agrees to pay 1-877-Dump-Propromptly in accordance with this Agreement and the failure to do so could cause 1-877-Dump-Pro irreparable harm and financial injury. As such, Customer agrees that 1-877-Dump-Pro shall have the right to seek and obtain rights and remedies available to 1-877-Dump-Pro under the law, and outside of any arbitration methods and in the event of any controversy or claim arising out of or relating to this Contract, or the breach hereof, which cannot be amicably settled between the parties, a legal action may be necessary to settle the dispute. In the event that any action must be taken, 1-877-Dump-Pro shall be entitled to recover all reasonable attorneys fees, costs, and expenses in connection with or arising from such actions or proceedings, including without limitation, other court costs, charges for expert witnesses, accountants, and the like, travel expenses, lodging, cost of collections and other associated costs incurred through all of the trial, administrative and post-judgment proceedings, and may be collected and taxed as costs.
- INSURANCE AND DEPOSITS. 1-877-Dump-Pro shall carry Worker’s Compensation Insurance for the protection of 1-877-Dump-Pro’s employees during the progress of the work. 1-877-Dump-Pro shall carry liability insurance to cover any damages to Customer’s property resulting out of the acts of 1-877-Dump-Pro. Customer shall obtain and pay for insurance against injury to his own employees and persons under persons on the job site at Customer’s invitation. Customer shall also procure at own expense and before the commencement of work hereunder “all-risk” insurance with course of deconstruction, theft, vandalism and malicious mischief endorsements attached, the insurance to be in a sum at least equal to the contract price. The insurance shall name the 1-877-Dump-Pro and any subcontractors as additional insured’s, and will be written to protect Customer, 1-877-Dump-Pro and subcontractors as their interests may appear. Should Customer fail to procure such insurance, 1-877-Dump-Pro may do so at the expense of Customer, but is not required to do so. Customer and 1-877-Dump-Pro waive rights of subrogation against each other to the extent that any loss is covered by valid and collectible insurance. If the project is destroyed or damaged by accident, disaster, or calamity such as fire, storm, flood, landslide, subsidence or earthquake, Customer as extra work shall pay for work done by 1-877-Dump-Pro in rebuilding or restoring the project.
- This Contract shall be governed by and construed in accordance with the laws of California and the parties hereby abide to the jurisdiction of the courts of Contra Costa County.
- RIGHT TO STOP WORK. 1-877-Dump-Pro shall have the right to stop work if any payment shall not be made, when due, to 1-877-Dump-Pro under this Agreement; 1-877-Dump-Pro may keep the job idle until all payments due are received. Failure to make payment, within five (5) days of the due date, is a material breach of this Agreement and shall entitle 1-877-Dump-Pro to cease any further work.
- If any one or more provisions of this Contract are found to be invalid, such invalidity shall not affect the remainder of this Contract if it can be given effect without the invalid portions.
I have read and accept the terms and conditions for service.
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