Decorating Elves, Inc (“DE”) Work Order
Terms & Conditions
1. Payment Terms/Deposit/Additional Charges. All Payments to DE under this Work Order are due upon demand. Deposits are non-refundable after 3 days of being received. Discounts shall be void on any payments 30 days past due. A 1.5% monthly interest charge will be added to this Work Order for any past due payments. A 25% restocking fee shall be charged for any returned or canceled orders.
2. Service Terms/Indemnification/Limitations of Liability. DE shall take the utmost care and precaution to protect Customer’s premises and property. As such, Customer hereby authorizes DE, to install and/or remove all materials on said property as provided herein. Customer agrees to defend, hold harmless and indemnify DE from and against all claims, liabilities to any third parties for injury, death or damage to person, property, trespass, and all other damage or loss arising out of the installation and/or removal or location of materials related to this Work Order. Customer acknowledges and agrees that: a) DE’s maximum liability to Customer for any claim(s) arising from or relating to this Work Order, whether in contract, tort, or otherwise, shall not exceed the total fees paid by Customer to DE; and b) In no event will DE be liable for any special, consequential, indirect, punitive or incidental damages, arising out of or in connection with this Work Order.
3. Default/Breach/Disclaimer/Force Majeure. Customer shall be in breach of this Work Order for its failure to pay any amount owed to DE within 15 days after its due date. Upon such default, DE shall have all rights and remedies available to it at law and/or equity including, but not limited to, the right to place a lien on Customer’s property for such default. DE DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE RELATED TO THIS WORK ORDER. DE shall have no liability to Customer for any delay in the performance of, or inability to perform, its obligations under this Work Order caused by circumstances beyond its reasonable control, including but not limited to, power surges or failures, normal wear and tear, acts of God, war, riot, embargo, acts of any state, federal, or local governmental body, labor related disputes, unavailability of equipment or parts from vendors, or changes requested by Customer.
4. Waiver of Jury Trial/ Governing Law/Venue/Attorney fees-costs. The parties hereto hereby waive trial by jury in any action or proceeding brought by either of the parties against the other on any matter or matters arising out of or connected with this Work Order. This Work Order shall be governed by and construed and enforced with the laws of the State of Florida. The parties hereby consent and agree that Pinellas County, Florida, shall be the exclusive, proper and convenient venue for any legal proceeding in federal or state court relating to this Work Order, and each party waives any defense, whether asserted by motion or pleadings, that Pinellas County, Florida, is an improper or inconvenient forum. If any party to this Work Order brings an action or proceeding for declaration of the rights of the parties under this Work Order, for injunctive relief, for an alleged breach or default of this Work Order, or any legal action arising out of this Work Order, the prevailing party shall be entitled to reasonable attorney fees and expenses, including all fees and expenses incurred at trial, on appeal or in any bankruptcy proceedings, in addition to any court costs incurred and any other legal damages or other relief rewarded.
5. Miscellaneous. The parties agree as follows: a) No claim arising out of this Work Order may be brought more than two (2) years after the cause of action accrued; b) Neither party’s failure to enforce any of the provisions of this Work Order, or to exercise any right or option will be construed as a waiver of any such provision, right, or option, and shall not affect the validity of this Work Order; c) In the event that any provision contained in this Work Order is invalid or otherwise unenforceable under applicable law, such provision shall be automatically amended and reformed to the extent necessary to be valid and enforceable, and in keeping with the original intent of the parties, as expressed herein; d) This Work Order may not be changed, modified or waived except as permitted by this Work Order or by a written document that is signed by Customer and DE; and e) Customer shall not have any right or license to use DE’s trade or service names, marks, promotional materials, graphics, themes, strategies, services.
BY ACCEPTING A PROPOSAL FROM DE, YOU ACCEPT THE TERMS & CONDITIONS LISTED ABOVE IN ITS ENTIRETY.