1. Owner acknowledges responsibility for, and hereby agrees to pay the DESA, all labour, materials, applicable taxes, and equipment utilized to mobilize, commence and perform the EMERGENCY MITIGATION SERVICES
Owner further hereby authorizes and directs the Insurance Company to make payment directly to the DESA for the work approved by the INSURER.
Owner further agrees to pay for all EMERGENCY MITIGATION SERVICES plus any additional work requested by the property owner to which the coverage does not apply and acknowledges that all accounts are due and payable upon completion and agrees that should it become necessary for the company to consult collection agency or attorney the undersigned will be held responsible for any and all fees incurred including costs of court and legal fees. Accounts not paid in full within 30 days will incur an interest charge as listed on the invoice. Warranty is in effect upon DESA receiving payment of all amounts owed including extras and taxes where applicable.
Cancellation of all or part of this contract if work has commenced or materials ordered will result in a $350 minimum charge in addition to charges for work performed.
On site technicians have no authority to discuss the pricing of the work being completed. All communications regarding the pricing of the work will be between the property owner and a supervisor/office staff representing DESA.
2. Services. Owner acknowledges and agrees that, due to the emergency nature of the Services Contractor is incapable of providing Owner with a detailed, written estimate of the Services to be performed upon the Property at time of execution of this Agreement, or with a statement of the materials to be used during, or specifications for, the Services or an approximate completion date for the Services. Owner understands and agrees the Contractor will provide Owner with a written description of the Services. Owner further understands and agrees that Contractor’s Services under this Agreement will, unless Owner and Contractor agree otherwise, commence immediately.
3. Unrelated Conditions/Work. Owner acknowledges and agrees that Contractor is not responsible for addressing or correcting damage, conditions or areas unrelated to the event that necessitated the Services. Owner understands and agrees that Owner is personally responsible for any and all charges, costs and deductibles not covered by Owners insurance.
4. Special/Fragile/Valuable Items. Owner agrees to take full responsibility for special, fragile or valuable items of personal property, and that Contractor shall not be liable for mysterious disappearances or damage to any such items. Contractor highly recommends that Owner take care to protect any such items as soon as possible, preferably prior to the start of work (especially jewelry, cash, weapons, medications, etc.).
5. Environmental Conditions. Owner understands and agrees that certain amounts of mold and bacteria may be normal in an indoor environment, and Contractor is not attempting to leave the property “sterile.” Owner further understands and agrees that the presence of certain type’s microorganisms in indoor environments may cause illness and/or damage to the property, and that the use of certain chemicals may reduce this risk.
6. Access and Security. Owner agrees to provide access to the property or Contractor’s employees, agents, subcontractors, and their vehicles and equipment as required to properly perform the Services and, where applicable, to manage the water damage mitigation process. Owner will provide areas for storage of equipment, materials, and debris. Owner will provide all water, electricity and other utilities necessary for Contractor to perform the Services. Owner will take all reasonable steps necessary to secure all structures on the property from unauthorized access.
7. Limit of Liability. Contractor’s liability is limited to the total amount paid for the Services. Owner agrees to release, hold harmless, defend (pay attorneys’ fees, expert fees, arbitration costs and court costs) and indemnify Contractor from any and all damages, claims or actions that arise from: (a) conditions that pre-existed the specific loss or event Contractor was hired to address; (b) the premature removal of equipment or termination of Services against Contractor’s recommendations; (c) any refusal to allow Contractor to perform any Services or procedures Contractor recommends; and (d) any mysterious disappearances of personal property. Problems that may occur for which Contractor will be released, indemnified, defended and held harmless shall include, but not be limited to, mold, bacteria, structural damage, indoor air quality contamination, and environmental illnesses (including allergies, asthma and alleged toxic effects).
8. The owner shall assume responsibility for any damage caused by the relocation or cessation of operation of the drying and emergency equipment mentioned above. Specifically, in the case of dehumidifiers, it is imperative that the hose, which facilitates water drainage, is consistently positioned in the designated sink or location indicated by the technician. This ensures proper drainage and prevents water spillage. Additionally, any damage to or loss of equipment that is left on the site is the sole responsibility of the owner. The owner agrees to reimburse DESA for any such damage or lost equipment upon completion of the services.