Scope of Work. The Company shall perform all services described in the Invoice (the “Work”) in a manner consistent with recognized industry practices. Any requested changes to the scope of work by the Client must be accepted in writing by the Company.
Payment. Payment from the Client to the Company is due upon completion of the Work. The Work shall be deemed completed if (a) the Company fully-performed the Work regardless of whether final permits of certificates have been issued or (b) the Company has fully-performed the Work to the extent it can’t be completed due to the actions or inactions of the Client or his/her/its agents, employees, contractors or assigns. Any amounts not paid (including principal balance and accumulated late fees and interest, if any) upon completion of the Work is subject to either a ten percent (10%) late fee per month or monthly interest rate of ten percent (10%).
Warranty. The Company further warrants and guarantees all work provided by the Company for the Client against defects for a period of one (1) year from the date of completion of the Work unless otherwise modified in writing. The manufacturer’s warranty on any and all materials shall be the primary warranty for all materials provided by the Company. The Company does not provide any warranties for materials provided by the Client.
Asbestos and lead disclosure. Client must disclose to the Company the presence of asbestos and/or lead in the Client’s home or business if known to the Client. Client acknowledges that the Company is not certified to test for, remove or mitigate asbestos and/or lead. In the event asbestos and/or lead is discovered in Client’s home or business then the Company has the option to either terminate this Agreement and bill the Client for all materials and labor actually supplied, which the Client must pay, or demand that the Client remove or mitigate asbestos and/or lead from the Client’s home or business before resuming the Work. Under no circumstance shall the Company be required to test for, remove or mitigate asbestos and/or lead from the Client’s home or business.
Limitation of Liability. Company shall not be liable for any claims for death, damage, or injury to persons or property or any shortage, loss, theft, damage, disappearance, or injury of or to the merchandise, materials, supplies, tools, equipment and/or other property belonging to the Client, regardless of whether any such death, damage, injury, shortage, loss, theft, or disappearance may occur by reason of fire, water damage, theft, or any other reason in whole or in part of any act or by reason of any other causes, other than when such injury, death, or damage arises from the willful misconduct of the Company, its agents or employees.
Forum Selection and Choice of Law. Any dispute arising from this contractual relationship shall be governed by Colorado law and, at the Company’s sole option, shall be resolved by binding arbitration or by State or Federal courts located in Denver, Colorado. Should the Company elect to compel binding arbitration, then the American Arbitration Association in Denver, Colorado shall decide the dispute. Client is responsible for paying the initial arbitration filing fee, if any. Thereafter, the parties shall equally-share the costs of binding arbitration. Either party may compel mediation in Denver, Colorado prior to the commencement of any formal legal proceeding, the cost of which shall be equally-shared by the parties. Any party who unsuccessfully challenges the enforceability of this clause shall reimburse the prevailing party for its attorney's fees.
Waiver. No provisions of this Agreement shall be waived or be construed to be waived by Company unless such waiver is in writing and signed by Company. No failure on the part of Company to exercise any of the rights, remedies, and options granted hereunder or to insist upon strict compliance by the Client and no custom or practice of the parties at variance with the terms hereof shall constitute any waiver of Company’s rights to demand exact compliance with the terms hereof. Under no circumstances shall the Company be liable to the Client for any loss or damage by reason of the cessation of business occasioned by Company.
Attorney’s fees. Should Company engage the services of an attorney to enforce any provision of this Agreement in any legal proceeding or dispute resolution process, Company shall be entitled to recover all costs and expenses incurred, including reasonable attorney’s fees, as well as interest on the amounts due calculated from the date on which they became due.
Ambiguity. If any provision of this Agreement is found to be unenforceable, ambiguous, or in conflict with other provisions, a court of competent jurisdiction or private arbitrator selected by the parties may add, delete or otherwise modify this Agreement in order to preserve and effectuate the parties’ intent. The parties agree that any ambiguity in this Agreement shall not be construed against the Company merely because the Company drafted this agreement.