Terms and Conditions
Contractor: Resolution Excavation LLC.
The type(s) and scope of work to be performed outlined in
service agreement document.
Estimate for services and goods subject to change in normal course of business.
The term of the contract is as follows: The start date of the contract is the date service agreement is signed and deposit received and shall be in effect until completion of service or until agreed upon by both parties. Time is of the essence, no extension or variation of the contract will operate as a waiver of this provision.
Requirements: Signed service agreement and deposit required.
Modification: Any amendment, variation, or modification of service agreement or additional obligation assumed by the contractor in connection with this contract will only be binding if evidenced in writing signed by both client and contractor.
Severability/ Termination: The client and contractor may sever or terminate service agreement only with the express written consent of both parties. Failure by the client to comply in any material respect with any of its obligations in service agreement shall entitle the contractor to terminate this contract including, but not limited to, failing to make timely payments, ceasing to carry on business, becoming bankrupt, entering into liquidation, or any other insolvency proceedings taken. In the event of any change of ownership of the property or management of the project the contractor may terminate service agreement. In the event that the client breaches a material provision under service agreement, the contractor may terminate the contract and require the client to indemnify and reimburse the contractor against all legal and other expenses and damages.
Indemnification: Except to the extent paid in settlement from any applicable insurance policies, and to the extent permitted by applicable law, the client agrees to indemnify and hold harmless the contractor, and its respective affiliates, officers, agents, employees, and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, legal expenses, and costs of any kind or amount whatsoever, which result from or arise out of any act or omission of the client, its respective affiliates, officers, agents, employees, and permitted successors and assigned that occurs in connection with this contract. Any public comment upon the contractor, including electronic or internet, is disallowed and such comment should it been found will be treated as defamatory and libelous and any action taken by the contractor to seek remedy will require the client to indemnify and reimburse the contractor against all legal and other expenses and damages. This indemnification will survive the termination of service agreement.
Waiver of warranty: All contractor services and materials are provided as is, and contractor hereby disclaims all warranties, whether express, implied, statutory or other, and contractor specifically disclaims all implied warranties of merchantability fitness for a particular purpose, title and non- infringement, and all warranties arising from course of dealing, usage or trade practice. Without limiting the foregoing, contractor makes no warranty of any kind that the contractor services or materials, or any products or results of the use thereof, will meet the client’s or any other persons requirements, operate without interruption, achieve any intended result, be compatible or work with any system or other services except if and to the extent expressly set forth in the specifications and permits. All materials are provided as is and any warranty of or concerning any materials is strictly between the client and the owner or distributor of the material.
Force Majure: Neither party shall be liable for failure to perform, nor be deemed to be in default, under service agreement for any delay or failure in performance resulting from causes beyond its reasonable control, including but not limited to ability to physically perform work, acts of state or governmental authorities, acts of terrorism, natural catastrophe, fire, storm, flood, earthquake, civil disturbance, acts of war, or power failure. In the event of such delay, the date of delivery or time of completion will be extended by a period of time reasonably necessary to overcome the effect of any such delay.