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BO-7001
Built Ox, LLC
548 W. Muskmelon Way
Saratoga Springs, Utah 84045
(801) 980-1164
This Work Order Agreement consisting of the terms and conditions set forth below and such supplemental contract documents as may be agreed to hereafter is made as of the date set forth below by and between the customer named above ("Customer") and Built Ox, LLC. (Contractor).
1. ORDER FOR SERVICES. Customer has requested Built Ox, LLC to perform, and authorizes Built Ox, LLC to proceed and complete, the Services. This also authorizes all chemical treatments to be applied as necessary or appropriate.
2. LIMITATION ON SERVICES AND DISCLAIMER. Built Ox, LLC shall not be responsible or liable for any damages, problems, or liabilities relating in any way to such materials, defects, or problems not worked upon by Built Ox, LLC.
3. SUBCONTRACTORS. Customer understands and agrees that Built Ox, LLC may need to utilize subcontractors or other vendors to perform certain portions of the Services or to supply materials for the Services, and Customer further agrees to cooperate with and reasonably accommodate such subcontractors and vendors.
4. INVOICE. Upon Built Ox, LLC's agreement to perform the particular Services requested by Customer and completion of such Services, Built Ox, LLC shall issue to Customer an invoice describing the outstanding obligations for the Services performed by Built Ox, LLC.
5. PRICING. For Services performed hereunder, Customer shall pay Built Ox, LLC the fee specified in the invoice to be furnished by Built Ox, LLC to Customer. Built Ox, LLC may directly bill your insurance company as a courtesy to you. However, if full payment is not paid by your insurance company or any other party deemed responsible for payment, the balance due, or total payment becomes the responsibility of you the Customer and due upon work being completed and the invoice being issued. This authorizes and serves as your sales draft for your credit card to be used for your deductible or for full payment. Further, you agree that upon receiving an insurance check it will be endorsed and delivered to Built Ox, LLC within five (5) days. Equipment is charged for time on location, not time used.
6. EQUIPMENT USAGE. Rentals are deemed to be at time of arrival to that midnight, regardless of the particular hour in which the rental occurs. It is understood that any portion of any day constitutes one (1) day of rental. All rentals are a three (3) day minimum. The equipment is billed while on site regardless of usage.
7. ASSIGNMENT OF BENEFITS AND DIRECT PAYMENT AUTHORIZATION. The Customer hereby assigns any and all insurance rights, benefits, and proceeds under any applicable insurance policies to the Contractor. In addition, the Customer authorizes direct payment of any benefits or proceeds to the Contractor. In the event the Customer receives payment directly from the Insurer, Mortgage Company or any other paying party, it shall be endorsed and delivered to the Contractor within 3 days. Further, the Customer appoints the Contractor as attorney in-fact, authorizing the Contractor to endorse the Customer's name and to redeem or deposit funds, checks or drafts made payable to the Customer.
8. PAYMENT AND INTEREST. Payment terms shall be due upon invoice. All unpaid invoices shall bear interest at the rate of 18% per annum commencing from the date such invoice becomes due and payable. Customer agrees to pay all taxes, tariffs, fees, surcharges, and other charges at any time levied upon or payable with respect to Built Ox, LLC's performance of the Services. Customer shall reimburse Built Ox, LLC for such taxes, tariffs, fees, surcharges, and other charges upon Built Ox, LLC's submission of an invoice stating that the same have been levied or paid. In addition, Customer hereby authorizes its insurance company, if coverage exists, to make payment directly to Built Ox, LLC for all Services and goods provided by, to or on behalf of Customer, and pursuant thereto said insurance company is authorized to issue such check payable solely to Built Ox, LLC and to cause delivery of such check to Built Ox, LLC.
9. DEFINITIONS. The following terms used in this Agreement shall have the meanings set forth below:
10. WARRANTIES. Built Ox, LLC represents and warrants to Customer that:
11. CUSTOMER WARRANTIES. Customer represents and warrants to Built Ox, LLC that:
12. EXCUSE OF PERFORMANCE. The performance of this Agreement, except for the payment of money relating to Services already performed, may be suspended by either party in the event such performance is prevented, impaired, or delayed by any cause beyond the reasonable control for such party. The Contractor requires a 24-hour written notice before removing equipment and ceasing billing.
13. NO TRANSFER OF TITLE. Built Ox, LLC shall not be deemed to have taken title to any of Customer's property.
14. CUSTOMER INDEMNIFICATION. Customer agrees to indemnify and save harmless Built Ox, LLC and its managers, employees, agents, successors, and assigns from and against any and all liabilities, losses, penalties, fines, claims, costs and expenses incidental thereto (including costs of defense, settlement, and reasonable attorneys' fees), which any or all of them may hereafter suffer, incur, be responsible for or pay out as a result of bodily injuries (including death), property damage, contamination of or adverse affects on the environment, or any violation or alleged violation of statutes, ordinances, laws, orders, rules or regulations, to the extent caused by Customer's breach of this Agreement or by any negligent act, negligent omission or willful misconduct of Customer or its employees, agents or contractors in the performance of this Agreement.
15. WAIVER OF CONSEQUENTIAL AND PUNITIVE DAMAGES. IN NO EVENT SHALL EITHER PARTY BE RESPONSIBLE TO THE OTHER FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES IN CONNECTION WITH THIS AGREEMENT, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, STATUTE, OR OTHERWISE AND ALL SUCH CLAIMS ARE HEREBY WAIVED.
16. LIABILITY LIMITATION. The liability of Built Ox, LLC is limited to the total amount invoiced by Built Ox, LLC.
17. INSURANCE. Built Ox, LLC shall procure and maintain throughout the term of this Agreement liability insurance covering its activities under this Agreement in at least such amount(s) as are required by applicable laws and regulations. Built Ox, LLC shall provide a standard certificate of insurance to Customer evidencing such coverage upon request.
18. PARTIES BOUND. The parties acknowledge that they may conduct their respective business operations through other entities which they directly, or indirectly, through one or more intermediaries, control and therefore agree to cause such other entities to abide by the terms of this Agreement as if they were parties hereto to the extent necessary to carry out the purpose of this Agreement. Further, the parties shall be entitled to cause their respective obligations hereunder to be satisfied and to cause their respective benefits hereunder to be received, by such other entities. Subject to the foregoing, neither party shall assign this Agreement without the prior written consent of the other party.
19. CONFLICT IN FORMS. In the event of a conflict between the terms set forth in this Agreement, including any addendums, amendments, and supplements thereto, and any supplemental contract documents herein contemplated, the terms set forth herein shall govern. Notwithstanding the preceding sentence, in the event of a conflict between Paragraph 3 hereof and any such supplemental contract document issued by Built Ox, LLC, such supplemental contract document shall govern. The preprinted terms and conditions appearing on any of Customer's purchase orders or other form order documents shall be null and void.
20. MISCELLANEOUS.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.