Excel Residential Services LLC, a Maryland limited liability company (“Excel”), and Client agree to the following terms and conditions, which along with the Proposal, shall compromise the agreement between the parties (the “Agreement”):
Services: Excel shall provide the services identified on the Proposal (the “Services”). Excel shall provide the Services on a mutually agreeable date. If Excel cannot provide the Services on such agreed upon date due to weather conditions or other delays, Excel may reschedule the Services to another mutually agreeable date. Client shall provide Excel clear access to the areas where the Services are to be performed and shall provide access to outdoor running water for Excel to use in performing the Services. Client shall be responsible for paying for such water. The Services shall be provided in a workman like manner. If Client is not satisfied with the Services, he/she shall notify Excel of such in writing within forty-eight (48) hours of completion.
Compensation: Client shall pay Excel the amount identified on the Proposal (the “Fee”) upon completion of the Services. A late charge of 1.5% per month on all outstanding amounts will be assessed until such account is brought current. Client will be responsible for payment of all costs and expenses (including attorney’s fees and costs) incurred by Excel in the collection of any amounts due hereunder or other breach of this Agreement, including costs incurred prior to commencement of legal action and in any appeal. Client may cancel or reduce the Services more than three (3) business days before the scheduled start date without penalty. If Client cancels or reduces the Services within three (3) business days before the scheduled start date, or any time after the work has commenced, Client shall pay Excel the full Fee.
Indemnification: Excel shall not be liable to Client or any other person for any injury to persons or property caused by or sustained in connection with the Services or this Agreement unless such injury is caused exclusively by the intentional or grossly negligent acts of Excel. Client shall indemnify and hold harmless Excel and its owners, officers, agents, employees, successors and assigns, from and against all claims, demands and suits of any other person (including without limitation, family members, employees, agents, invitees and licensees of Client), for any injury to persons or property caused by or sustained in connection with the Services or this Agreement, unless such claims, demands and suits are caused exclusively by the intentional or grossly negligent acts of Excel.
Independent Contractor: Excel is an independent contractor and not an employee, agent, joint venturer, or partner of the Client.
Agreement: This Agreement supersedes and replaces any agreement, oral or written, relating to the subject matter hereof. Client shall not assign this Agreement without the prior written consent of Excel. In the event that any term or provision of this Agreement shall be held to be invalid, void or unenforceable, then the remainder of this Agreement shall not be affected, impaired or invalidated, and each such term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
Law and Venue: This Agreement shall be governed by and construed in accordance with the laws of the State of Maryland. The parties agree that any action concerning the terms of this Agreement must be brought in the Circuit Court for Montgomery County, Maryland. The parties hereby consent to the exclusive jurisdiction and venue of this Court and agree to accept service of process pursuant to the Maryland Rules and procedures. The parties further agree that this Agreement shall be deemed to have been entered into in the State of Maryland for purposes of jurisdiction.
LIMITATION OF LIABILITY: IN NO EVENT SHALL EXCEL BE LIABLE TO CLIENT OR ANY OTHER PERSON FOR ANY CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR INDIRECT DAMAGES OR EXPENSES, ARISING OUT OF, OR IN CONNECTION WITH THE SERVICES OR THIS AGREEMENT (WHETHER SUCH DAMAGES ARISE IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE). IN NO EVENT SHALL EXCEL’S LIABILITY TO CLIENT OR ANY OTHER PERSON EXCEED THE TOTAL COMPENSATION ACTUALLY RECEIVED BY EXCEL PURSUANT TO THIS AGREEMENT. WAIVER OF JURY TRIAL: THE PARTIES HEREBY EXPRESSLY WAIVE ANY RIGHT TO A TRIAL BY JURY FOR ANY DISPUTES ARISING OUT OF THIS AGREEMENT OR THE SERVICES PERFORMED BY EXCEL.
THIS AGREEMENT IS A LEGALLY BINDING DOCUMENT. BY REQUESTING A QUOTE OR AGREEING TO WORK WITH EXCEL, CLIENT AGREES TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.