Service Agreement
Customer hereby engages Compassion BioClean (“Contractor”) to perform the work set forth below for purposes of Remediation to address damage caused by Biohazardous Materials. This is a Home Improvement Contract.
- Contract Documents: The list of documents attached and hereby incorporated into the contract are: Terms and Conditions (Outlined Below); Estimate/Quote; Rate and Materials Schedule (Price List). Customer acknowledges receipt of the SDS Sheets for Project Chemicals (available for download below).
- Scope of Work: Customer hereby authorizes and directs Contractor to furnish all labor, equipment and material to perform work (the “Work”) at the Property Per IICRC S540-2023: Standard for Trauma & Crime Scene Cleanup. The Work will be performed in the affected areas as described in the project quote.
- Contract Price: Customer hereby agrees to pay Contractor the cost of the Work (the “Contract Price”) at the price presently estimated in the provided quote. The price stated is an approximation made in good faith based on currently available information and an initial visual observation and is subject to change.
- Personal Liability: Customer understands that Contractor is hired by Customer and NOT Customer’s insurance company.
- Right to Cure: Contractor shall notify Owner of completion of the Work in writing. Within five (5) calendar days after said notice, the Work shall be deemed to have been accepted by Customer unless Customer has given written notice with detailed descriptions of any defects or damage, with all supporting documentation, including photographs of the defects or damage, and repair estimates, if any. However, Customer shall provide Contractor a full and fair opportunity to cure any defect before altering, repairing, or addressing the condition, or commencing legal action. Contractor shall make reasonable efforts to cure the defects within fourteen (14) days of receipt of written notice. The Work shall be deemed accepted upon correction of the defects. Customer waives the right, if any, to the recovery of attorneys’ fees in any legal action commenced by Customer in violation of this paragraph.
Terms & Conditions
- Release for Third Party Professionals; Indemnity: Customer shall indemnify and hold Contractor harmless for injury or damage arising from or related to: (a) Customer’s failure to hire environmental consultants or design professionals; or (b) the errors or omissions of any such third-party professional.
- Personal Liability: Payment to Contractor is not contingent upon Contractor’s invoice being fully or partially approved by Customer’s insurance company. All charges shall be invoiced directly to Customer. Contractor will submit a copy of the invoice to Customer’s insurer(s) as a courtesy only. Customer will endorse insurance checks for Contractor’s work and deliver the check to Contractor. Customer has been informed of, and agrees: (a) Customer is personally responsible for any and all deductible(s), depreciation, and charges not paid by insurance; and (b) Invoices not paid by insurance are due within thirty (30) days of the invoice date. Customer understands that Contractor is hired by Customer and NOT Customer’s insurance company.
- Payment: Contractor will issue invoices to Customer which shall describe the work being invoiced and the charge for the work. Payment is due within fifteen (15) days of the invoice date of Contractor’s invoice. Contractor has the right, in Contractor’s sole discretion, to suspend Work until past due invoices are paid.
- Delinquency and Collection Charges: Customer shall pay Contractor a delinquency and collection charge of five percent (5%) of the amount of any payment that is 10 or more days past due. Only one such charge may be collected on any installment, regardless of the period during which it remains in default. Customer shall pay court costs actually incurred and attorneys’ fees of twenty percent (20%) of the amount due and payable if Customer’s past due balance is referred to an attorney who is not a salaried employee of the Contractor.
- Finance Charges: Customer will pay interest at the rate of ten percent (10%) per year on any unpaid balance after thirty (30) days of the date of invoice (interest is separate from, and in addition to the Administration Fees set forth above).
- Extra Work and Change Orders: Extra Work and Change Orders become part of the contract once the order is prepared in writing and signed by the parties prior to commencement of work covered by the new Change Order. A Change Order is not enforceable against the Customer unless it describes the scope of the extra work or change, the cost to be added or subtracted from the contract, and the effect the order will have on the schedule of progress payments and completion date. However, by law, the contractor’s failure to comply with these requirements does not prevent the contractor from the recovery of compensation for the reasonable value of change order work in the absence of a written change order. Customer agrees to execute Change Orders to increase the price to address conditions not reasonably anticipated by Contractor.
- Limit of Liability and Indemnity: Customer waives, releases, and holds Contractor harmless from all claims for the spread or transmission of COVID-19 or its mutations. Customer waives claims against Contractor and its subcontractors to the extent covered by Customer’s insurance. Contractor is not responsible for mysterious disappearance of personal property. Customer is responsible for the safekeeping of weapons, cash, legal documents, drugs, jewelry, and small valuables. Customer is warned to stay out of the work area and here releases Contractor from liability for exposure to lead or asbestos during the removal of building materials. Contractor is not liable for claims arising from acts of Customer or Customer’s agents. Contractor’s total liability shall be limited to an amount equal to two times the amount of the Contract Price. All claims in excess of this amount are waived. Customer shall pay for the defense and indemnify Contractor for all third party claims against Contractor that are not the result of the sole negligence of Contractor. Contractor will select counsel of its choice and control the litigation.
SDS Sheets for Project Chemicals
| Bioesque Botanical Disinfectant Solution SDS Sheet |
| Bioesque Heavy Duty Degreaser SDS Sheet |
| Serum 1000 SDS Sheet |
| Dawn Dish Detergent SDS Sheet |
