Facility Pros Services Inc. schedule of charges are as per agreed rates:One hour labor per tech and one hour travel charge (minimum). Rates subject to change for after hours, weekend, emergency, union, and holiday hours. Billable charges include any labor authorized by the customer, which includes the following:(a) Setting up and completion of all work done on each day. (b) All materials, services, equipment, & products that are purchased and used on the job by Facility Pros Services Inc. (c) Clean up, trash removal, and removal of all debris generated by job. Any and all materials, equipment, products or services used for this particular job will be billed accordingly. Payment is required as per agreed terms, unless specified otherwise in writing by the main office. Forms of payment accepted are, Cash, Check, or Credit Card. (a) Customer agrees to pay a fee of $75.00 for each time a check is returned. (b) All materials, parts, products and accessories remain the property of Facility Pros Services Inc. until satisfactory payment is made in full. If payment is not made in full, Facility Pros Services Inc. reserves the right to remove all materials, parts, products and accessories supplied by Facility Pros Services Inc. Facility Pros Services Inc. shall be under no liability for any special indirect or consequential damages (relating to any pre-existing conditions, renovations, material, parts, service, repairs, moving, deliveries, or use thereof whatsoever.) however caused, including without limitation damage for operating labor overhead, loss of production, raw materials, production of below standard products or loss of profits whether specified or not. Prices do not include any applicable state, local or federal taxes. The Purchaser shall pay all such taxes when applicable. Upon failure of the Purchaser to pay any amount when due, the seller may at its option, without prejudice to the other lawful remedies, suspend any further services or delivery of materials under this agreement, and no forbearance, course of dealing, or prior payment shall affect the right of the Seller. (a) Seller shall not be responsible or liable for delay and/ or non delivery directly or indirectly resulting from and / or contributed to by any acts of God, insurrections, or the adoption or enactment of any law, ordinance, regulation, ruling or order burdensome on the production, delivery, or payment hereunder, as well as lack of the usual means of transportation, fires, floods, explosions, strikes or other accidents or contingencies beyond the Seller’s control. In the event any one of the occurrences or contingencies aforesaid, any and all disabilities have ceased to exist and nothing herein contained shall be construed as lessening in any way the full amount of merchandise herein purchased and sold but only as deferring delivery and payment in the events and to the extent herein provided for. (b) Seller Warranties his work (Labor Only) for a period of 30 days from completion. Defective products should be covered by Manufacturer’s Warranty. Labor for repair or reinstall defective product is not the responsibility of the Seller whether or not product was supplied by the Seller. The purchaser will be responsible for the cost of any additional labor needed to repair defective products. It is the sole discretion of the Seller as to whether he will perform additional services (labor) gratis to the Purchaser pertaining to any situation that may arise. (c) Purchaser is responsible for all cost of labor performed by Seller. (a) The parties hereto irrevocably agree that each and every controversy or claim arising out of, in connection with or relating to this contract or the interpretation, performance or breach thereof shall be settled by arbitration in the County of Nassau, in New York State, under the rules then obtaining the American Arbitration Association. (b) In any arbitration proceeding in which an award is made in favor of Seller, Seller shall be entitled, in addition to other damages awarded to it, to recover from Purchaser all costs and expenses of the arbitration, including its reasonable attorney’s fees. (a) Any failure of the Seller, or the Purchaser, to comply with any obligation, covenant, agreement or condition herein may be waived in writing by the Purchaser or the Seller, respectively, but such waiver, or failure to insist upon strict compliance with such obligation, covenant agreement or condition shall not operate as a waiver of, or estoppel, with respect to any subsequent or other failure. (b) Any refunds, credits, arbitration awards etc., will be issued in the form of a Facility Pros Services Inc. credit towards future services. This agreement is not assignable by the Purchaser, nor is the performance of the Purchaser’s duly delegable without the prior written consent of the Seller. All notices, requests, demands and other communications required or permitted hereunder shall be in writing and shall be deemed to have duly given when delivered by hand or mailed, first class certified mail, return receipt requested, with postage prepaid to each party. (a) This contract shall be deemed made in the State of New York and shall be interpreted under the laws of said state, including the Uniform Commercial Code as adopted in said state as effective and in force on the date hereof. The parties recognize and consent to the jurisdiction over them of the arbitration tribunal mentioned in section 10 and the courts of the State of New York for all purposes in connection with said section 10, including, but not limited to, confirmation of any arbitration award. (b) Purchaser hereby grants the Seller the power to sign Purchaser’s name and generally act on behalf of Purchaser to execute and file financing statements, notices of lien and other documents pertaining to any or all of the materials and services rendered. (c) The signer or the person who issues the contract, work order or purchase order, etc. does, by his execution of this agreement personally undertake and assume the full performance hereof including payments of amounts due hereunder. By acceptance of the Facility Pros Services Inc. contract or Facility Pros Services Inc. quotation, purchaser shall agree to all of the terms and conditions hereof. (a) Should any term or conditions contained herein be found to be illegal, invalid, or unenforceable, in whole or in part, such term or condition shall not affect the legality, validity and enforceability of any other term or condition herein. (b) No prior course of dealing or usage of trade not expressly set forth herein shall modify or contradict this contract in any way. Facility Pros Services Inc. terms & conditions superseded for all purposes, all prior correspondence, verbal exchanges, agreements and Purchaser’s prior terms & conditions or contracts whether issued before or after these terms & conditions. (c) Purchaser understands that all Technicians, Representatives and/or Associates of Facility Pros Services Inc. will not be solicited or circumvent the Seller for any reason whatsoever, and can only be utilized through the Seller’s normal course of doing business. Violation of this is subject to legal action. (d) None of the terms and conditions contained herein may be added to, modified, superseded or otherwise altered except by a written instrument signed by an authorized representative of Seller and delivered by Seller to Purchaser, and each shipment purchased by Purchaser from Seller shall be deemed to be only upon the terms and conditions that may be contained in this contract or any permitted amendment hereto, notwithstanding Seller’s act of shipping goods accepting payment or similar acts of Seller. No waiver, in whole or in part, of the terms and conditions contained herein, shall be effective unless such waiver is supported by considerations, in writing and signed by the party making it. The rights and remedies granted to Seller hereunder are cumulative and are in addition to any other rights and remedies, in law or in equity, provided the Seller. Warranties on products, parts or services are void if payment to Facility Pros Services Inc. is not made within the terms of the sale. The terms and conditions contained herein, unless modified pursuant hereto, are the final, complete and integrated understanding of Purchaser and Seller.