Terms and conditions
Terms & Conditions
1. Work Order. This work order constitutes an offer from Hood-Pro Companies, Inc and Hood-Pro, Inc. (“Hood-Pro”) to the Customer and becomes a binding contract on the terms set forth herein when accepted by the customer either in writing or by the commencement of performance hereof by Hood-Pro. The frequency and duration of service are as shown on the front of the work order.
2. Building, Property, and Equipment. It is understood that the service will not involve cleaning or exchanging of disposable or broken filters. Customer shall solely bare responsibility to ensure all cooking equipment and pilot lights are turned off and properly secured for the Hood Service and for the re-ignition of same. Customer shall bare sole responsibility for the proper installation and working condition of all building, grounds, and property during Hood Service, including but not limited to: mechanical, electrical, HVAC, fire suppression system, drains, waste disposal, ventilation, and cooking equipment during the Hood Service; this also includes protection of cooking oils, stored foods, and paper goods during the Hood Service. Hood-Pro shall not be responsible to notify customer of any defects in the system or any components thereof, nor of potential problems, even if foreseeable. Customer shall be solely responsible to notify Hood-Pro in writing prior to start of the Hood Service of inaccessible areas and access doors that require cleaning.
3. Hoods. If Hood Service is included in this Work Order, as shown on page one of this Work Order, the service includes cleaning at the time intervals shown, the accessible internal areas of the hoods indicated and the accessible internal areas of the associated plenums, ducts, and fans for such hoods. Such cleaning shall be limited to the scraping of grease and the application of detergent and hot water pressure washing. The Hood Service does not include scouring, or the use of power tools and does not include the cleaning of inaccessible areas or removal of preexisting carbon deposits, baked on deposits, or stains, cleaning of back-splash panels, roofs, parking lots, or other building interior or exterior areas unless expressly specified on page one or two of this Work Order.
4. Frequency of Service. Customer shall solely decide the frequency of service desired and Hood-Pro shall not have any responsibility for such decisions. Nor shall Hood-Pro be responsible for additional cleaning or any other consequence due to such Customer decisions.
5. Limitation of Remedies and Exclusion of Warranties. In the event Hood-Pro does not properly clean the filters, hoods or other items required by this Work Order, after the Customer accepts the Work Order, Customer’s remedy shall be limited to Hood-Pro’s re-cleaning of the filters, hood, or other item that was not properly cleaned. This excludes water that may drip from the exhaust system after cleaning. Hood-Pro shall not in any event be liable to Customer for any consequential or incidental damages arising out of or related to any breach by Hood-Pro of this Proposal or this Contract. Hood-Pro shall not be liable for any damage due to any portion of the grease exhaust system not meeting the NFPA 96 standard or that has not been properly installed or maintained in accordance with such standard. The Customer has sole responsibility to insure these standards are met unless s expressly specified otherwise on pages one or two of this Work Order. ALL IMPLIED WARRANTIES ARE EXCLUDED, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY AND THE IMPLIED WARRANTY OF FITNESS FOR THE INTENDED PURPOSE.
6. Payment. Payment by Customer for services of Hood-Pro shall be due immediately after each service by Hood-Pro. If charges for the services are not fully paid by the Customer within thirty days of the date of an invoice,
Customer shall, in addition to the full amount of such invoice pay Hood-Pro interest on the amount of each unpaid invoice at the rate of 1 and 1/2 percent per month from the due date until the amount due is paid and shall pay Hood-Pro for all attorney’s fees incurred by Hood-Pro in enforcing this Contract or collecting any amount due Hood-Pro from Customer. By commencement of performance of this contract Customer agrees to be both corporately and individually bound by all terms and conditions of this contract. The Customer agrees to be personally and severally responsible for all sums due under contract and to be bound by all terms and conditions of this contract
7. Termination. Hood-Pro or Customer may terminate this Contract by giving written notice to the other party at least seven days before the next scheduled service. Customer shall bare sole responsibility to schedule Hood Service. If Customer notifies Hood-Pro that it does not want any scheduled service, refuses any scheduled service, or neglects to schedule Hood Service within the selected cleaning interval, Hood-Pro may, at its sole option, treat such as notice of termination. After any termination in accordance with this Paragraph, neither party shall be liable to the other for future service not rendered, provided, however, that the Customer shall remain liable for all amounts due under the original Contract, including any amounts due for scheduled service not rendered due to Customer’s failure to provide 7 day termination notification.
8. Cancellation. Cancellation of service without sufficient notice of twenty-four hours or more will result in a penalty fee of fifty percent of the proposed cleaning amount. The Customer will be required to pay this amount in accordance with item 6, Payment, listed above.
9. Miscellaneous. Customer will cooperate with Hood-Pro in providing access to items to be serviced under this Contract.
10. Entire Agreement. This Contract constitutes the entire, final, complete and exclusive Contract between Hood-Pro and the Customer. This Contract may be modified only by written agreement and signed by both Hood-Pro and Customer.
