By accepting the terms of this estimate, EM Chimney Contractor and Home Remodeling LLC, “EM Chimney” will perform the services as described in this estimate and the customer agrees to be bounded by these Terms unless the Customer and EM Chimney have signed a separate agreement, in which case the separate agreement will govern and supersede these Terms. If the customer would like EM Chimney to perform additional work not covered in this estimate, these services will have additional charges. The following terms govern the Products and Services provided to the customer by EM Chimney and shall be incorporated by reference in each and every quote. These Terms and the Quote constitute a binding contract between Customer and EM Chimney. All purchase orders and Quotes shall be subject to these Terms, whether or not such purchase orders or Quotes so state. In the event of a conflict between any customer purchase order or other customer terms, these Terms shall control. These Terms shall be effective as of the date stated on the accepted quote by the customer (the “Effective Date”). Provisions of these Terms which by their nature should apply beyond their terms will remain in force after any termination or expiration of the Contract.
The customer agrees to pay EM Chimney the amounts set forth in the Quote for the Products purchased and Services completed, including taxes. Unless otherwise specified in the Quote. A deposit of ⅓ will be required to schedule, the next ⅓ will be paid throughout the course of the job and all final payments are due upon completion of Services without set-off or discount. Upon acceptance of the Quote, the Customer agrees to provide EM Chimney with a credit card or bank account information (the “Customer Payment Information”) that EM Chimney will keep on file. Upon completion of Services, EM Chimney is authorized to charge any outstanding balances via the Customer Payment Information. Any invoices not paid after completion will incur late fees. An interest rate of 1.5% per month or the highest legally permissible rate will be applied until the invoice is paid. A $35.00 fee will be charged for all returned checks. The Customer shall reimburse EM Chimney for all costs incurred in collecting any late payments, including, without limitation, attorneys’ fees.
Zoning and Permits
The customer agrees to timely furnish all information necessary for EM Chimney to secure plans and permits necessary for the Services. The Customer shall ensure that the Services will be in compliance with applicable zoning, classification, building codes, laws, rules, and regulations. Any costs for Services not in the Quote but required by governmental authorities to bring the Services into compliance with applicable law shall be the responsibility of the Customer. EM Chimney assumes no responsibility for violation of zoning rules/laws.
EM Chimney is not responsible for the performance, functionality, or compatibility of existing equipment, ductwork, gas pipes, duct board, controls, masonry, furnaces, chimney caps, chimney fans, dampers, chase covers, dryer vents, fireplace doors, mantels, firebox, stoves, or other equipment or materials on or about the Customer’s location specified in the Quote that is not repaired, altered, or replaced during the performance of the Services. In the event that an existing condition prevents the proper operation of the Products or performance of the Service, the parties shall execute a Change Order whereby the scope of the Services shall be expanded accordingly.
The customer understands and agrees that any cleaning and restoration product/services may not totally clean or remove all contaminants, odors, stains, or damages in all areas, even after diligent and reasonable efforts by EM Chimney and the customer agrees that no such guarantees, warranties or representations as to results or levels of decontamination, cleanliness or restoration are made by EM Chimney except as stated in writing the Contract. The customer further acknowledges that there may be hidden or unknown conditions that would affect the Services. The customer agrees that EM Chimney shall not be responsible for any damage caused by latent defects in and around the customer's location specified in the Quote. The customer acknowledges that Products used in EM Chimney’s services may not precisely match the existing texture, type, material, or color of the existing materials. Unless set forth in the Quote, the Services do not include any painting, patchwork, or repair work that may be required to restore the appearance of the materials on and about the area where the services were performed.
Prior to EM Chimney's arrival, they shall be notified by the customer of any pre-existing or damaged conditions and shall remove all valuables and breakable items from the area where services may be performed. EM Chimney is not responsible for damage to customers’ personal property left in or near the area where the services are performed.
This Agreement will be construed, enforced, and governed by the laws of the State of Maryland without regard to its conflicts of law provisions.
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