Draining Service

ACCESS: CUSTOMER GRANTS CONTRACTOR AND OR SUB-CONTRACTOR A LICENSE FOR INGRESS AND EGRESS OVER OR INSIDE CUSTOMER'S PROPERTY, HOUSE OR BUSINESS TO PERFORM THE WORK AND FURTHER AGREES THAT CONTRACTOR AND OR SUB-CONTRACTOR SHALL NOT BE LIABLE FOR ANY DAMAGE INCLUDING BUT NOT LIMITED TO DAMAGE TO PROPERTY, DAMAGE TO BUILDING, SURFACE OR STRUCTURES, SCRATCH, DENTS, STAIN, CRACKING, SUBSIDENCE AND MOVEMENT OF ANY PAVED AREA, ANY ROAD, DRIVEWAY, SIDEWALK, GRASS, ROOF PANELS, SHINGLE, FLOOR, APPLIANCE, FURNITURE OR OTHER SURFACE THAT IS USED BY CONTRACTOR'S TO PERFORM THE WORK OR FOR RELATED ACTIVITIES. Furthermore, CUSTOMER SHALL HOLD CONTRACTOR HARMLESS IN THE EVENT THAT ANY VEGETATION, LANDSCAPING, PLUMBING, SPRINKLERS SYSTEMS, ELECTRICAL LINES OR ANY OTHER LINES OR STRUCTURE, ALL OF WHICH MAY BE FOUND ABOVE OR BELOW THE GROUND, THAT MAY BE DAMAGE OR DESTROYED. RELEASE: CONTRACTOR SHALL BE RELIEVED FROM PERFORMANCE UNDER THE TERMS OF THIS SERVICE AGREEMENT WHEN PERFORMANCE IS IMPOSSIBLE DUE TO ACT OF GOD AND OR NATURE, INCLUDING BUT NOT LIMITED TO HURRICANES, STORMS, HIGH WATER, WARS, RIOTS, FIRES, EXPLOSIONS, ACCIDENTS, ARRESTS, STRIKES, LOCKOUTS, MARTIAL LAW OR ANY CAUSE NOT WITHIN THE CONTROL OF THE CONTRACTOR'S OR SUBCONTRACTOR'S. PAYMENT: IF AT ANY TIME PAYMENT DUE UNDER THI CONTRACT, WHICH IS IN THE FORM OF CHECK OR OTHER NEGOTIABLE INSTRUMENT, IS RETURNED TO THE CONTRACTOR FOR ANY REASON, CUSTOMER SHALL, IN ADDITION TO THE PAYMENT MADE, PAY $25. WITHING THE NEXT SEVEN (7) DAYS (*AMOUNT SUBJECT TO CHANGE WITHOUT NOTICE). WARNING: FLORIDA CONSTRUCTION LIEN LAW ALLOWS SOME UNPAID CONTRACTORS, SUBCONTRACTORS AND MATERIALS SUPPLIERS TO FILE LIENS AGAINST YOUR PROPERTY, UNDER FLORIDA LAW, YOUR FAILURE TO MAKE SURE THAT WE ARE PAID MAY RESULT IN A LIEN AGAINST YOUR PROPERTY AND PAYING TWICE. DEPOSITS:ALL DEPOSITS AND/OR PAYMENTS ARE NON-REFUNDABLE UNDER NO CIRCUMSTANCES. CREDIT: CUSTOMER GUARANTEE PAYMENT OF ALL AMOUNT OWED BY THE NAMED BUSINESS, NO LATER THAN 30 DAYS FROM THE DATE OF SERVICE. IF, HOWEVER, THIS ACCOUNT IS NOT PAID AS AGREED, THE SIGNER(S) AGREE TO PAY IN ADDITION TO THE AMOUNT OWED, THE INTEREST CHARGE OF 1.5 % PER MONTH AFTER THE DUE DATE. THE CUSTOMER WILL REIMBURSED EL PLOMERO LATINO INC. FOR ALL COLLECTION AGENCY FEES OR A REASONABLE ATTORNEY'S FEE EVEN IF NO LAWSUIT IS FILED.; IF THE LAWSUIT IS FILED, THE ATTORNEY'S FEES SHALL BE FIXED BY THE COURT OR COURTS IN WHICH THE LAWSUIT INCLUDING ANY APPEAL (OR BANKRUPTCY MATTERS) IS TRIED, HEARD OR DECIDED. LITIGATION: ALL LITIGATION ARISING OUT OF OR IN CONNECTION WITH THIS SERVICE AGREEMENT, SHALL BE BROUGHT IN ORANGE COUNTY, FLORIDA. IN THE EVENT CONTRACTOR INSTITUTES OR DEFENDS ANY LITIGATION TO ENFORCE DEFEND OR INTERPRET ITS RIGHTS UNDER THIS SERVICE AGREEMENT, INCLUDING THE RIGHT TO RECEIVE PAYMENT CUSTOMER AGREE TO PAY CONTRACTOR ALL COST INCURRED IN CONNECTION WITH SUCH LITIGATION, INCLUDING APPELLATE PROCEEDINGS WITH SUCH COST TO INCLUDE CONTRACTOR'S ATTORNEY FEES (INCLUDING FEES FOR PARALEGAL AND LEGAL ASSISTANTS) CONTRACTOR SHALL ALSO BE ENTITLED TO INTEREST ON ALL AMOUNTS FROM THE DATE SUCH AMOUNTS ARE DUE AT THE RATE OF 18 PERCENT (18%) PER ANNUM. GENERAL CONDITIONS: WHENEVER USED HEREIN, SINGULAR SHALL INCLUDE THE PLURAL AND THE PLURAL SHALL INCLUDE THE SINGULAR SECTION AND PARAGRAPH HEADINGS USED THROUGHOUT THIS SERVICE AGREEMENT ARE FOR REFERENCE, AND CONVENIENCE AND IN NO WAY DEFINE, LIMIT OR DESCRIBE THE SCOPE OF INTENT OF THIS SERVICE AGREEMENT. THE FAILURE OF CONTRACTOR TO INSIST ON STRICT PERFORMANCE OF ANY TERM OR CONDITION STATED HEREIN SHALL NOT BE DEEMED A WAIVER OF ANY SUBSEQUENT BREACH OR DEFAULT BY CUSTOMER IN ANY TERMS AND CONDITIONS. WARRANTY: WARRANTY ONLY APPLIES TO PARTS AND LABOR SUPPLIED BY EL PLOMERO LATINO INC. ANY OR ALL OTHER PARTS OR FIXTURES ARE NOT COVERED UNDER THIS WARRANTY/CONTRACT AND WILL BE AN ADDITIONAL FEE.