4730 VIEW DR 2023-09-15 - Laserfiche WebLink

MASTER TERMS AND CONDITIONS Allowing Evergreen State Sheet Metal,doing business as Evergreen State Heat and AC("ESSM")to commence work or prepare to work on the above identified property(the"Property")constitutes acceptance by Purchaser of the terms contained herein.These Master Terms and Conditions shall govern over any conflicting or additional terms of any proposal submitted by Purchaser. LAUTHORITY.The individual(s)or entities entering into this Agreement("Representative")represent that they are acting Authorized Representative of the owner of the Property("Owner"),with the authority to bind the Owner and the Property to this Agreement with ESSM.The Representative represents that they are acting on behalf of and for the benefit of the Owner,and Representative, individually and collectively.The Owner and Representative shall be jointly and severally liable for payment of this Agreement,and shall collectively referred to as"Purchaser"herein. 2XIME TO ACCEPT.ESSM offers to furnish and install the equipment,services,and materials as described above subject to the terms and conditions provided herein.ESSM's offer is good for thirty (30)days from the date hereof,but may be accepted at any later date at the sole discretion of ESSM.Purchaser may accept ESSM's offer by signing this Agreement. 3.DEPOSIT AND PAYMENT.Purchaser,individually and on behalf of the property owner,accepts the equipment and service(s)described above and herein,and agrees to pay ESSM the total price shown above(including any applicable local and state tax).Fifty-percent(50%)of total cost of the project due prior to the start of the project.If the Purchaser fails to pay the deposit,ESSM may,at its discretion,reschedule or cancel the Purchaser's service(s)and project—Purchaser shall be responsible for any Cancelation costs incurred.Any remaining invoice is due and payable upon completion of the project and receipt of the final invoice. 4.EINANCING.Purchaser may apply for financing.Financing shall be determined on a case-by-case basis,solely at the discretion of ESSM and Wells Fargo,subject to the terms and conditions provided by ESSM and Wells Fargo. 5.ASSIGNMENT.Purchaser agrees not to transfer or assign this agreement or any interest herein without ESSM's prior written consent,which may be granted or withheld at ESSM's sole discretion. 6.COMMENCMENT AND SCHEDULING.By accepting this Agreement,Purchaser represents that work may now commence on this project,including ordering and preparing equipment,obtaining permits,and scheduling service.Purchaser has the obligation to coordinate with ESSM to schedule the services contained in this Agreement. 7.CANCELATION:If Purchaser cancels this Agreement any time after signing,Purchaser shall be liable for any costs incurred up to and including the date of cancelation.These costs may include,but are not limited to:permit costs,the restock or resale cost for equipment purchased,and employee time. &FORCE MAJEURE.ESSM shall not be liable for any damage,delay,or cancelation caused by events beyond its control,including but not limited to:"acts of God";catastrophic events,war,terrorism, pandemics,fire,flood,strikes,work shortages,accidents,governmental actions or restrictions(including delays in obtaining permits),or other events outside ESSM's reasonable control which may affect this work or other operations in which ESSM is involved,directly or indirectly. 9.ACCESS:ESSM requires access to the property.Purchaser shall provide ESSM with reasonable access to the property on which equipment is to be installed and service is to be provided.Failure to provide necessary access,despite request,shall be treated as a breach of this Agreement,and title to all provided equipment remains with ESSM until all amounts due thereon are paid in full,whether such equipment is affixed to the realty or not and shall remain personal property and be deemed sever-able without injury to the freehold. 10.PERMITS.The prices above include the estimated costs to acquire any necessary permits for the contracted work.ESSM will begin the process of acquiring the permits upon execution of this document.Purchaser is solely responsible for scheduling the final inspection with the City or State of Washington when the electrical service is completed,and for ensuring that the inspector has adequate access.Note:Inspections need to be done before any walls are patched or covered. 11.SEVERABILITY If any provision of this Agreement is held invalid,void,or otherwise unenforceable,the remainder provisions(and the rights and obligations arising therefrom)shall be considered severable and shall not be affected by such determination. 12.OWNERSHIP.Title to all provided equipment remains with ESSM until all amounts due thereon are paid in full,whether such equipment is affixed to the realty or not,and shall remain personal property and be deemed sever-able without injury to the freehold.Purchaser shall be liable for any damage to ESSM's property.If Purchaser fails to fully perform in its obligation to pay ESSM,ESSM may at its discretion retake/restore/repossess any personal property from Purchaser,lien the property,and/or pursue any legal claim against Purchaser. 13.SECURITY INTEREST.Purchaser hereby grants to ESSM a security interest in all goods,materials,and labor provided to Purchaser. This security is given to secure the payment of all indebtedness to ESSM presently existing or hereinafter arising,direct or indirect,and the interest,costs,attorney's fees,or litigation expenses that may accrue thereon. Regardless of the adequacy of any security that ESSM may at any time hold,and regardless of the adequacy of any other security that ESSM may obtain from Purchaser in connection with any other transactions,any deposits or the monies owing to ESSM from Purchaser(as collateral in the possession of ESSM)constitute additional security for,and may be set off against,obligations secured hereby,even those obligations that may not then be due. Purchaser agrees to execute any documents as maybe deemed necessary by ESSM in ESSM's sole judgment,in order to allow ESSM to perfect its security interest in the subject property. If Purchaser is unable or unwilling to execute such financing statement(s),ESSM is hereby appointed as Purchaser's attomey-in-fact for the purpose of affixing Purchaser's signature to any appropriate financing statements. Upon payment in full of the purchase price,contained in each applicable invoice,together with interest,costs,attorney's fees and/or litigation expenses as may accrue thereon, ESSM shall promptly release its security interest as to such property. 14.013JECTIONS.Purchaser shall raise any objection to invoices within fifteen days.Failure to raise a timely objection may waive the right to object. 15.BOND INFORMATION.ESSM is registered with the state of Washington,registration no.EVERGSS928RN,and has posted with the state a bond or deposit of$4,000/$6,000.This bond may not be sufficient to cover a claim,and under Washington law the bond is not available for Purchaser's exclusive use. 16.IJIEN RIGHTS.If ESSM is not paid,ESSM hereby has the right to lien the property to force payment.The homeowner could be forced to pay twice for the work.Lien information is provided in the "Notice to Customer"Lien document provided,and incorporated herewith by this reference.Lien information is also available from the Washington State Department of Labor&Industries. BY SIGNING THIS AGREEMENT,YOU ACKNOWLEDGE RECEIPT OF THE"NOTICE TO CUSTOMER"LIEN DOCUMENT. 17.DNFORCEMENT.If this Agreement is given to a legal professional to enforce,ESSM shall be entitled to its actual attorney fees and costs from the other party of any kind or nature incurred by ESSM,including but not limited to negotiations,collection,administrative proceeding,court,arbitration,appeal,or bankruptcy.If any cause of action is filed regarding this Agreement,the substantially prevailing party shall be entitled to recover its reasonable attorney fees and costs from the other party.The venue of any legal action shall be in the Superior Court of Snohomish County,Washington, governed by the laws of Washington State.No action or suit to enforce Purchaser's rights or remedies arising from this agreement shall be commenced later than one(1)year after the date of the alleged breach,regardless of Purchaser's actual knowledge thereof. Purchaser hereby knowingly and voluntarily waives application of the discovery rule for extending applicable statutes of limitations.If this Agreement,or any judgment resulting therefrom,is given to a collections company,Purchaser shall be liable for any associated fees and costs of incurred by ESSM.Nothing in this Agreement shall limit or impair ESSM's lien or foreclosure rights in any way. 18.WARRANTIES AND LIMITATIONS.Except as otherwise specified herein,ESSM makes no warranties or guarantees of any kind or nature to Purchaser.There are no warranties,expressed or implied,for existing equipment,ductwork,or other materials not installed by ESSM.Equipment or system failure due to lack of proper maintenance,service,or abuse is expressly excluded from any labor warranty.Scheduling regular annual maintenance check-ups and filter replacements are the responsibility of Purchaser.Certain labor warranties may be extended in twelve-month on an annual basis up to 10 years from the install date,subject to the terms and conditions of the Annual Preventative Maintenance Certificate and ESSM's discretion.ESSM makes no guarantees about the availability to perform such annual maintenance—it is solely Purchaser's responsibility to schedule timely annual maintenance. 19.11HHIRD PARTY WARRANTIES.All materials or equipment warranties by a manufacturer or supplier other than ESSM,("third party warranties"),are not warranties of ESSM,and ESSM shall not be liable in any respect for any third-party warranties. ESSM hereby assigns and passes through to Purchaser any third-party warranties,and Purchaser hereby agrees to accept said assignment(s)and to deal directly with the third-party warrantor(s). Purchaser agrees to hold ESSM harmless from,and to fully indemnify ESSM for,all costs,expenses,attorney's fees,and/or litigation expenses incurred by ESSM from any claims,demands,or litigation asserted by Purchaser against any third-parry warrantor. 2011REACH.If Purchaser fails to fully perform its obligation to pay ESSM,Purchaser shall pay all expenses of retaking or restoring any repossessed goods,reasonable charges for management of employee time ESSM incurs to obtain payment,resale or storage of any materials provided.