This invoice is a binding contract between ONE WAY and it assigns and Customer, who mutually agree to these Terms and state as follows:
Customer’s acceptance is limited to acceptance of these Terms . ONE WAY hereby objects to, and rejects any prior or subsequent proposal by Customer for additional or different terms and/or conditions. If this Contract is deemed an acceptance of Customer’s prior offer, ONE WAY’S acceptance is expressly conditioned on Customer’s assent to Terms. These Contract shall govern all future invoices and services performed by One Way. This Contract is the final expression of the Parties agreement, and can only be changed in a writing signed by ONE WAY's management. Any agreement used by Customer inconsistent with this Contract, even if signed by ONE WAY after this date, has no force or effect.
Customer is the agent of the owner and any management company of the property where the improvements and services are performed, and they are jointly and severally responsible to these Terms.
If Customer is not satisfied with the services provided it must notify ONE WAY within 48 hours of the date of service; failure to do so constitutes waiver of any defects in performance.
One Way makes no representations or warranties, express or implied, in the improvements or services performed, including but not limited property damage and mold, fungus, or coronavirus elimination. ONE WAY is not qualified to inspect for mold or to make recommendations concerning remediation or potential health risks. Any damages arising from the performance of improvements or services are limited to the cost of services provided.
The invoice amount represents a 50% discount of One Way’s standard rates, to encourage payment within 30 days. If payment is not received within that time, or after a formal written demand, the standard rate will apply. All past due balances bear interest at the rate of 1.5% monthly.
ONE WAY's failure or delay in exercising this right shall not operate as a waiver of the right. Customer shall pay all actual costs and fees incurred for collection.
Customer authorizes ONE WAY to bill any credit card on file, without notice, for any balance more than 30 days past due. One Way may assign this Contract to a collection agency or sell the debt without further notice.
One Way may assign this Contract to a collection agency or sell the debt without further notice. Customer may not assign this Contract.
This agreement is governed by the laws of Michigan without reference to its conflict of law provisions. Customer consents to personal jurisdiction in any court in Michigan for all actions arising from this agreement.
LIMITATION OF LIABILITY & WAIVER
The Customer has requested the services of One Way (Services) and One Way has agreed to perform Services on Customer’s premises subject to the terms and conditions below:
1. One Way takes every precaution during performance of Services to not damage the owner(s) property.
2. Despite precautions, damage may nevertheless occur. Damage may include damage to walls, wood work, furniture, and unsecured items, among other things.
3. Customer acknowledges and accepts these risks and agrees that compensation for any damage caused by One Way, even if negligent, Way shall in no event be more than the price of Services, even if damages are greater.
4. Customs hereby waives and releases One Way from any claims or damages that exceed the price of Services.
5. Customer further holds One Way and its employees and agents harmless against any and claims that may arise from anyone, including others in the household, with regard to One Way’s Services.
6. This document supersedes all agreements, both oral and written, between the Customer and One Way.
7. Customer is authorized to request Services on Premises by One Way.
8. This document can only be modified if it is in a writing signed by Customer and One Way.