• Emergency Service Work Authorization Contract

    Mailing: PO Box 1913 Bentonville, AR 72712 - Phone: (479) 372-0792
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  • Contract Terms

  • 1. The customer either owns, leases or controls the above property and/or has the right and power to contract services.
    2. This contract is a time and materials contract. The emergency nature of Customer’s needs and the uncertainty of the length of drying time, equipment
    needed or hours that may be required, preclude a fixed price contract or more accurate estimate of charges at the time this work is authorized. All work
    shall be charged at MAJOR DAMAGE current and published rates in effect at the time the work is performed. Pricing is determined using an estimating
    software program that is nationally recognized by major insurance companies.

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  • 3. MAJOR DAMAGE shall be paid a deposit in the amount agreed upon before beginning work. Customer hereby assigns irrevocably insurance benefits and other proceeds that may be due Customer from any insurer or another liable third party to MAJOR DAMAGE up to the amount owed MAJOR DAMAGE by Customer and whether or not insurance benefits are assigned, Customer Is responsible for payment and personally guarantees all charges for MAJOR DAMAGE services. The customer hereby directs said insurer to pay MAJOR DAMAGE directly for such work performed at the above address. This assignment shall have priority over any other claim to insurance benefits due to Customer. Disputes over the services rendered shall not be grounds for withholding payment nor shall payment be withheld if MAJOR DAMAGE has substantially completed its work or completed all work allowed by Customer. This Agreement authorizes and serves as your sales draft for your credit card to be used for your deductible or for full payment.

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  • 4. The customer authorizes MAJOR DAMAGE and its representatives to enter Customer’s premises for the purpose of rendering the services contemplated by this Agreement and Contract. Customer agrees to take all reasonable steps to cooperate with MAJOR DAMAGE in the performance of said services and to provide continuous and unrestricted access to the job site. The customer agrees to pay MAJOR DAMAGE to its normal rate for any time lost as a result of failure to provide said access. MAJOR DAMAGE is not responsible for Customer’s diminished use or loss of use of the premises while restoration work is in progress. MAJOR DAMAGE shall have no obligation to continue work in the event it encounters asbestos or other contamination or pollutant, which in its judgment poses a potential health risk to its employees, until such time as corrective actions have been taken. Customer agrees to indemnify, defend, and hold MAJOR DAMAGE harmless for any injury or damage incurred by MAJOR DAMAGE or any third party as a result of any hazardous condition on Customer’s property not disclosed to MAJOR DAMAGE or as a result of any breach or misrepresentation by Customer relating to this Agreement.

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  • 5. Payment terms are Net 14 days from the invoice date unless insurance benefits sufficient to pay MAJOR DAMAGE total charges have been assigned
    to MAJOR DAMAGE, in which case the amount of Customer’s insurance deductible is due upon completion of the work (if not previously paid) and the balance is due in full 14 days from invoice. Customer agrees to pay interest of 1.5% per month compounded monthly from the due date on all overdue amount (Including late charges). If services of an attorney or collection agency are required to collect any amounts due under this agreement, Customer agrees to pay all costs (including any percentage fees charged by collection agency) and reasonable attorney fees incurred, whether or not suit is filed. The venue of any suit regarding this Agreement (except a suit for lien foreclosure, which shall be brought in the Superior Court for not the county in which the premises are located) shall be agreed upon by both parties.

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  • 6. MAJOR DAMAGE agrees to perform all work in a workmanlike manner, but when handling items damaged by the above loss or previously weakened, MAJOR DAMAGE does not guarantee the successful restoration of any particular item and is not responsible for damage that occurs as a consequence of an item being moved or treated.

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  • 7. OWNER ACKNOWLEDGES RECEIPT OF MAJOR DAMAGE SCHEDULE OF RATES AND CHARGES, AND THE LIEN INFORMATION AND DISCLOSURE STATEMENT AS DESCRIBED BY PROVIDER.

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  • 8. MAJOR DAMAGE agrees to perform all services in a reasonable and workmanlike manner but makes no representations or warranties concerning the final condition of Customer’s property to be repaired pursuant to this Agreement. To the extent allowed by law, MAJOR DAMAGE disclaims, and shall have no liability for, any and all personal injury or other consequential or incidental damage of any kind for any reason, including but not limited to any such claim to have occurred as a result of the alleged negligence or intentional acts of MAJOR DAMAGE, including but not limited to claims of any mold, fungus or mold-related condition alleged to have occurred as a result of MAJOR DAMAGE work.

    9. In the event any part of this Agreement shall be deemed illegal or contrary to the laws of the state in which it is executed, said portion shall be severable
    and the remainder of the contract shall be binding and enforceable in all other respects.

    10. This Agreement may be executed in counterpart, and a copy-bearing signature sent by fax or scanned e-mail shall constitute a valid contract.

    11. In the event drying equipment is removed prematurely against the recommendation of MAJOR DAMAGE or MAJOR DAMAGE is not allowed to perform any or all procedures which it recommends, the owner/agents agree to release, hold harmless, and indemnify MAJOR DAMAGE against any and all claims or liability that may result directly or indirectly from such equipment removal and incomplete dry-down or treatment. Problems which may arise for which MAJOR DAMAGE will be released and indemnified include, but are not limited to, any mold, mildew, or other biological contamination, structural damage, dry-rot, and any and all health concerns or damage which may or may not result from the termination of MAJOR DAMAGE Services.

    12. Minimum of equipment rentals: 3 days.

    13. MAJOR DAMAGE is not responsible for cleaning, moving or storing the following items: medication, liquor, firearms, cameras, and audiovisual
    equipment, or any other property that may, in the sole discretion of MAJOR DAMAGE, be deemed a hazard risk if moved or otherwise altered.

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