TERMS AND CONDITIONS
These Terms and Conditions are part of any transaction between Boschtankless and any construction, installation, or service herein referred to as “Client” with whom Boschtankless agrees to work based on any transaction. These Terms and Conditions shall be the governing legal process should any conflict exists between these Terms and Conditions and any other contract document in the process of any transaction. Any proposal may be withdrawn by Boschtankless at any time without prior notice of acceptance by Boschtankless’s Clients.
PRICE AND PAYMENT
Quote provided by Boschtankless are valid for 30 days only. You agree to pay all invoices rendered by Boschtankless for work performed as agreed mutually between Boschtankless and you. Upon completion of the project, payment is due in full without any condition. If there is a condition set forth in the contract, Boschtankless will agree to receive payment within 15 days of issuance of invoice if credit check is consented by Client for commercial construction or installation work if Boschtankless has an approved credit application on file. Unless otherwise stated, Boschtankless shall have the right to demand payment on delivery or payment for equipment upon receipt of equipment or fabrication of materials by Boschtankless for any project. You hereby agree to pay interest at a rate as agreed on contract based on monthly or by-weekly for any overdue payment and to pay Boschtankless’s attorney fees for collection of unpaid balances. Failure to pay Boschtankless in full after project is completed, shall allow Boschtankless to cease work on your project and post notice at all work sites without liability. In the event of non-payment, Boschtankless shall, without prior notice, remove all workmen and stored material from the project site. No credit or offset by customer shall be permitted when service or work is refused for non-payment. All work furnished, lost profit, and costs of handling shall be due immediately upon invoice by Boschtankless without liability to replace any equipment.
The individual executing the Agreement agrees to be PERSONALLY LIABLE for all payments due to Boschtankless despite the existence of any corporate entity or other potential limitation; and client agrees that any affiliate now or hereafter existing shall be liable jointly and severally with client for amounts due under the Agreement, including any interest, penalties, or attorneys’ fees assessed for non-payment.
TITLE TO EQUIPMENT
Title to all equipment and materials provided by Boschtankless under the Agreement shall not pass to client until payment in full has been unconditionally paid to and received by Boschtankless. Boschtankless shall have a security interest in the equipment, parts, and materials installed for customers until payment in full is received by Boschtankless and client acknowledges this security interest by signing the contract documents. This secured interest shall apply for all purposes, including any bankruptcy or against any person claiming any interest in or to the goods or equipment. In the event of non-payment, client also grants Boschtankless an unhindered right of entry onto the premises at which the work is being performed to remove all materials or supplies placed by Boschtankless.
SCOPE, CHANGES, AND SUBSTITUTIONS
Boschtankless will perform the scope of work based on these Terms and Conditions or as otherwise agreed in writing for the agreed upon price. Client acknowledges that it has made the choice as to equipment size and specification and that Boschtankless has followed those instructions. Customer assumes liability for recommendations made by Boschtankless that are not accepted. If Boschtankless has made the equipment size and specification determination, then the same is based upon the information provided by Customer to Boschtankless and is not an independent evaluation. Unless otherwise set forth herein, Boschtankless reserves the right to make substitutions of equal equipment, supplies, or materials without prior approval of Customer. Any and all changes to the work, set-offs, deductions, or other changes to the work must be agreed to in writing by Boschtankless to become enforceable. Failure to make full payment for changes in the scope shall be cause for termination by Boschtankless. If the work cannot be finished by Boschtankless within 2 months of the date of the proposal due to causes outside Boschtankless’s control, Customer agrees to pay Boschtankless the total cost associated with the extra work plus 10% of that extra cost as overhead and profit.
ACCESS TO THE PROPERTY
Client grants Boschtankless the right of unhindered entry into the property where the work is to be performed to deliver or collect materials, tools, or equipment and/or to perform its work. This right shall not be terminated by a single use, but shall authorize multiple entries as when and where required, with no liability for damage.
Boschtankless shall have the right to terminate any Agreement for cause; cause shall include, but not be limited to, non-payment or any other breach of these Terms and Conditions. In the event of termination of the Agreement, Boschtankless shall be entitled to the value of all services provided or incurred, including but not limited to design, installation, handling charges and administrative and collection costs and expenses. In the event that a breach is due to non-payment by purchaser or other cause not entirely caused by the acts or omissions by Boschtankless, Boschtankless shall also be entitled to its lost profit for the project.
All bids and/or proposals presume the existence of suitable conditions for the placement of all equipment, goods, and work required to be installed by Boschtankless and the existence of conditions as per plans. It is also presumed that access shall be granted by Customer or property owner in a method suitable to allow unhindered access to the work area for delivery of all materials and work by all persons required to perform the work herein contemplated and to perform such work only on normal business days, during usual business hours, and within the usual scheduling of Boschtankless. Any variances in the conditions shall require additional payment to be made by the Customer as shall be determined by Boschtankless based upon the conditions encountered and actual and administrative costs incurred. This includes delays or changes in the scope of work caused by Customer, property owner, or other contractors working on site.
All implied warranties are hereby disclaimed and waived by customer. All materials, parts, and equipment are only warranted by the manufacturers or suppliers as provided for by manufacturers or suppliers in writing. Boschtankless warrants the labor performed by Boschtankless for 90 days or as otherwise indicated in writing. Boschtankless makes no other warranties, express or implied, and its agents or technicians are not authorized to make any such warranties on behalf of Boschtankless. No warranty for equipment, materials, or labor, whether written, implied, or otherwise, shall apply until Boschtankless has been paid in full. All warranty periods begin at the time of substantial completion. In no event shall Boschtankless be responsible for any damages related to delay, including but not limited to delay due to unavailability of materials or labor or for any circumstances beyond Boschtankless’s direct control. A work stoppage is outside its control. Similarly, Boschtankless shall not be liable for any consequential damages or loss suffered by Customer or any other persons as a result of its performance or failure to perform under the Agreement or otherwise.