Terms & Conditions
KITCHEN EXHAUST MAINTENANCE TERMS AND CONDITIONS:
The terms and conditions below shall apply to the services provided by Kitchen Services to Customer (“Kitchen Services Owner and Management”):
1. Term of Service: Customer acknowledges that all work has been performed and completed to the Customer’s full satisfaction. Customer acknowledges that electrical outlets should not be used when they are wet or moist in order to prevent personal injury or damage to equipment. Customer is responsible for making all cleaning areas accessible. Kitchen Services is not responsible for cleaning inaccessible areas. Kitchen Services is not responsible for damage caused by water, steam or chemicals used to perform cleaning; or for any damage due to improper equipment construction or non-compliance with NFPA codes, or any other local building codes, or for any pre-existing conditions or equipment damage.
2. Late Charges: A late charge of one and one-half percent (1.5%) per month will be added to past due amounts. A service fee of $45.00 will be charged for returned checks due to non-sufficient funds.
3. Customer Inspection: Customer agrees to inspect all completed work and inform Kitchen Services of any defects or additional required cleaning within 24 hours. Customer failure to inspect or inform Kitchen Services of any defects or request for additional cleaning shall constitute a waiver of any later claim regarding defects or additional cleaning that could have been detected during such inspection.
4. Waiver of Subrogation: Customer waives on its own behalf, and on behalf of its insurer, the right to subrogate against Kitchen Services.
5. Indemnification: Customer shall hold harmless, defend and indemnify Kitchen Services, its employees, agents, sub-contractors and designees for and against any third party claims, lawsuits, and losses alleged to be caused by Kitchen Services’ performance, or failure to perform its obligations under this agreement. It is understood and agreed by the parties hereto that Kitchen Services is not an insurer and that insurance, if any, covering personal injury and property loss or damage on Customer’s premises shall be the responsibility of and obtained by Customer.
6. Arbitration: Customer agrees that any dispute or claim relating to the sales agreement or to the good or services provided by Kitchen Services shall be submitted to binding arbitration before the American Arbitration Association.
7. Complete Agreement: This contract together with the Disclaimer or Warranties and Limitation of Liability below shall constitute the entire agreement of the parties and shall supersede all other agreements or representations, oral or written. Any statements, representations, warranties of conditions, oral or written, not included herein shall be void and shall not be binding upon Kitchen Services.
8. Severability: If any of the provisions in this contract are deemed void by law, then the remaining provisions shall continue in full force and effect. This contract may not be amended, modified, or canceled except in writing and signed by a duly authorized representative of Kitchen Services.
DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY
Customer acknowledges and agrees that Kitchen Services is being paid to clean a kitchen exhaust system designed to reduce certain risks of loss but that even after provision of Kitchen Services a loss may still occur. Kitchen Services is not assuming responsibility for any losses, which may occur, even if such loss is due in whole or in part to Kitchen Services’ negligent performance or failure to perform any obligation under this agreement.
KITCHEN SERVICES DISCLAIMS AND CUSTOMER WAIVES ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING ITS PRODUCTS AND/OR SERVICES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
No agent, employee, or other representative of Kitchen Services has the authority to create any other affirmation, warranty, or representation, either oral or written, regarding the products or services being provided.
The liability of Kitchen Services shall be limited as follows: THE SOLE AND EXCLUSIVE REMEDY FOR ANY ALLEGED NEGLIGENCE, NON-PERFORMANCE, INADEQUATE OR DEFECTIVE PERFORMANCE, OR BREACH OF WARRANTY, EXPRESS OR IMPLIED, SHALL BE THE REPAIR OR REPLACEMENT OF DEFECTIVE OR NON-CONFORMING PRODUCTS OR RE-PERFORMANCE OF DEFICIENT SERVICES, OR, AT KITCHEN SERVICES’ OPTION, REFUND OF ALL OR A PORTION OF THE SERVICE CHARGE OR PURCHASE PRICE. Customer agrees that the foregoing remedies shall not be deemed to have failed of their essential purpose so long as Kitchen Services is able to refund the service charge or purchase price.
CUSTOMER AGREES THAT KITCHEN SERVICES SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES WHATSOEVER, whether or not Kitchen Services has been advised of the possibility of such damages. Customer acknowledges and agrees that the foregoing disclaimer or warranties and limitations of liability provisions are an essential basis for Customer’s agreement with Kitchen Services that Kitchen Services would not have entered into this Agreement but for these provisions, and that the foregoing, exclusion of special, incidental, consequential or other damages shall apply whether or not Kitchen Services is able to repair or replace any defective products or re-perform any services. This allocation of risks is reflected in the purchase price for the products and services provided to Customer.