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 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. If Customer is not satisfied with the services provided it must 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. ONE WAY is not qualified to inspect for mold or to make recommendations concerning remediation or potential health risks. ONE WAY shall have no responsibility or liability for losses arising from mold or fungi. Any damages arising from the performance of improvements or services are limited to the cost of services provided. All past due balances bear interest at the rate of 1.5% monthly. The amount owed represents a 50% discount of the standard rate 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. 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 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. 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. 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.
Liability Release and Waiver Form (2020)
I hereby release and hold harmless ONE WAY RESTORATION and BMW Kar Wash LLC, DBA Jax Kar Wash, its officers, directors, employees, agents, volunteers, and contractors (collectively, Releasees) from any claim, demand, loss, liability, damages, and attorney fees and costs whatsoever arising from, related to, or resulting from the sanitization and disinfection of coronavirus from my vehicle (Service), including those caused by the negligent acts or omissions of any or all of the Releasees (Claims).
As between each of the Releasees and myself, I will be solely responsible for any and all damages or expenses that I may incur because of the Service; including, those sustained after I have left the premises where the Service is conducted.
By accepting your electronic invoice, evidenced by your email address, you assume the risk of using the Service. ONE WAY RESTORATION and BMW Kar Wash LLC, DBA Jax Kar Wash is confident its product will not harm any car equipment, coachwork, or finish; however, the product is provided without any warranty, express or implied. ONE WAY RESTORATION or BMW Kar Wash LLC, DBA Jax Kar Wash does not make any warranty, express or implied, that the Service will not cause adverse reactions such as allergies, respiratory problem, or any other discomfort that may result from the application of the Service.
This Agreement shall be binding on my estate, heirs, executors, administrators, successors, and assigns, as well as any other party asserting a Claim on my behalf or on behalf of my estate.
This Agreement contains the entire understanding between and among the parties concerning these matters. No waiver, modification, or amendment of any of the terms of this Agreement shall be effective unless made in writing and signed by the party to be charged.
I warrant that I have read and understand that this Agreement involves my waiver and release of significant rights and my assumption of significant indemnification responsibilities in participating in the Event.
By accepting the electronic invoice, I acknowledge that I have carefully read the Liability Release and Waiver Form, understand its significance and contents thereof and am accepting and agreeing to it voluntarily of my own free will. I agree to this Liability Release and Waiver Form.