Terms of Service
Envirowash/Enviroguard agrees to provide professional hot and cold pressure washing, restoration, refinishing and sealing services for the items specified above and Customer agrees to make the payments as provided herein and abide by the terms and conditions of this Agreement.
Customer shall be invoiced at the time service is rendered. Customer shall pay Envirowash/Enviroguard for the services provided by Envirowash/Enviroguard in accordance with the charges and rates specified above. Payment shall be made by customer to Envirowash/Enviroguard within 10 days of the receipt of an invoice from Envirowash/Enviroguard. Envirowash/Enviroguard may impose and customer agrees to pay interest at the rate of 1.5% per month upon the balance due and payable under this agreement from the date of default, if allowed by law, and if not allowed then at the maximum rate of interest permissible under law. If Envirowash/Enviroguard has to place this Agreement in the hands of an attorney or collection agency for collection, Customer agrees to reimburse Envirowash/Enviroguard for reasonable expenses and attorney fees. Attorney’s fees shall not be less than 331/3% of the amount due.
Envirowash/Enviroguard reserves the right to adjust the rates herein. Envirowash/Enviroguard may adjust the rate hereunder from time to time to reflect the percentage increase in the U.S. city average Consumer Price Index for All Urban Consumers (CPI-U), published by the U.S. Department of labor. Additionally, the rate for the services provided in this Agreement shall increase by an amount, but not more than 10% for any successive Term. Exclusive Nature. Customer agrees that Envirowash/Enviroguard shall be its exclusive provider of the services listed above at the location indicated above for the term of this Agreement and any subsequent terms.
Customer acknowledges and agrees that Envirowash has not made any guarantees or warranties, either explicit or implied, regarding the appearance and condition of the items services other than those warranties and guarantees included in this Agreement.
Envirowash/Enviroguard shall not be held liable for damage or injury as a result of leaks or other pre-existing structural defects, including, but not limited to, windows, window seals, doors, and door seals.
Neither party shall be liable for its failure to perform hereunder due to contingencies beyond its reasonable control including, but not limited to, fire, extreme weather, or acts of God. The Customer may not assign this Agreement without the prior written consent of Envirowash/Enviroguard.
This Agreement constitutes the entire agreement among the parties hereto. No oral agreements shall in any way affect the terms of this written Agreement, and this Agreement may not be modified or changed except by written instrument executed by all the parties herewith.
Typewritten or handwritten provisions inserted in this form or attached hereto as addendum shall control all printed provisions in conflict therewith.
It is understood and agreed that all understandings and agreements heretofore had between the parties hereto are merged in this contract, which alone fully and completely expresses their agreement.
This Agreement shall be construed, interpreted and applied in accordance with the laws of the Commonwealth of Virginia. Proper venue shall be in the courts of Chesterfield County, Virginia.
If any provision of this Agreement is held to be illegal, invalid, or unenforceable under present or future laws effective during the term of this Agreement, such provision shall be fully severable; this agreement shall be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part of this agreement; and the remaining provisions of this agreement shall remain in full force and effect and shall not be affected by the illegal, invalid, or unenforceable provision or by its severance from this agreement. Furthermore, in lieu of each such illegal, invalid, or unenforceable provision, there shall be added automatically as part of this agreement a provision as similar in terms to such illegal, invalid, or unenforceable provision as made be possible and legal, valid and enforceable.
Customer agrees to waive any and all rights of subrogation against Envirowash/Enviroguard and their insurers for any damages or loss resulting from any services provided under this agreement to the extent that any such damages or loss are covered by Customer’s insurance coverage or shall be covered but for the application of an insurance deductible.