d.Authorized Representative. The Customer may designate a representative authorized to act on the Customer's behalf with respect to the Design of the OWTS. The Customer, or such authorized representative, shall discuss with Designer any issues that may arise during the Design, and render decisionsin a timely manner pertaining to any issues posed by Designer.
3.COMPENSATION. The Customer shall compensate the Designer as follows:
a.Payment for Designing of the OWTS. Customer shall pay design a fee in the amount of $775.00 ($525.00 for Soil Verification/Backhoe 3# plus $250.00 for the design, plans and for filling out the management plan and County Septic paper work) for the base price of the Design of the OWTS ("Design Fee"), If the OWTS is required to be any type of pretreatment system, the customer shall pay an additional $1,350.00 min. ("Design Fee" All fees must be paid upon signing this agreement and prior to scheduling, starting and issuing design. (If payment for the design is paid by credit or debit card an administration fee of 4.5% will be added to the total amount
b.Payment for Locating the Existing OWTS or Additional Sewer Location Options. In addition to the above fee, Customer agrees to pay Designer the sum of $98.00/ per hour/ per man to locate any existing OWTS, if any, ("Location Fee") or if they would like to explore multiple locations as to where the new OWTS could be installed. If any exploratory excavation is needed above and beyond the normal three soil borings/pits the Customer will be chargean additional $115.00 an hour for such excavation.
c. Payment for pumping any existing OWTS, if any, if needed. Pumping of any existing OWTS if any may be required to inspect any existing tanks, etc. for design purpose and Customer agrees to contract Designer and or Pumper to pump the existing OWTS, if any, the price for pumping, if needed, shall be what ever the Pumpers customary fees are plus a 20% margin (cost divided by .8 = total with margin), which may vary from approx. $165.00 - $295.00 plus, depending on the size and quantities of tanks, etc. ("Pumping Fee" Contractor shall provide Customer with an invoice(s) for services provided, listing the Designing Fees and Pumping Fee (if needed), and if applicable, Location Fee (the "Invoice") and Customer shall pay the amount listed in the main Invoice upon signing of this agreement and for any extras, if needed, within five (5) days of receipt of the Invoice, unless it is otherwise agreed that the Invoice be paid directly by a closing company as part of a transaction including the transfer of Real Estate.
d. Nonpayment Remedies. Failure by Customer to make payments to the Designer in accordance with this Design Agreement shall be a default of this Agreement. Should Customer fail to make the required payments to Designer upon seven (7) days notice of the default, Designer shall have the right, in addition to all other remedies available at law and equity to terminate this Agreement. In the event of non-payment by the Customer, interest will accrue on any unpaid amounts at a rate of one and one-half percent (1.5%) per month (or the highest amount allowed by law, whichever is less), and Customer shall be required to pay a $50.00 administrative late fee, and all attorneys' fees, in effort to collect the debt. If Customer defaults in any manner under the terms of this Agreement, Designer will have the right to (1) withhold services, including issuance of the Design Report, (2) terminate this Agreement in accordance with this paragraph, (3) retain all deposits, fees and payments Customer has made, if any, (4) place liens upon Customer's Property for payment of any other amounts owed, and (5) foreclose any liens placed on the Property if the amounts due, including costs and interest, are not paid in full. The remedies contained in this provision may be used concurrently and are in addition to any other remedy which may be available to Designer at law or equity.
4. INSURANCE, INDEMNIFICATION AND LIMITATION OF WARRANTIES
a. Designer's Insurance. Designer shall maintain general liability insurance in a commercially reasonable amount. Customer warrants and represents to Designer and shall provide evidence of such to Designer upon request, that Customer currently maintains and will maintain for the duration of this Design Agreement a policy of property insurance containing coverage for property damage and liability claims.
b. Waiver regarding injury and damages. Customer waives all claims against Designer, and agrees to indemnify, defend and hold harmless Designer, for injuries or damages that Customer or any of Customer's family or invitees may suffer while on or around the Property during the Design.
c. Indemnity by Customer. Customer acknowledges and agrees that Designer is serving only to Design the OWTS. Customer agrees to indemnify and hold Designer harmless with regard to any claims, costs, obligations or liabilities, which are incurred by Designer with relation to performance of the Design by contractor or any subcontractors.
d. No Warranty. Neither the Designer nor the Design Report is a warranty expressed or implied, regarding the adequacy, performance, or condition of any designed structure, system or item. Customer acknowledges that condition of any designed structure, system or item, is subject to change after Design has occurred. The Design and Design Report are not intended to reflect the value of the Property, or to make any representations as to the advisability or inadvisability of purchase or suitability of use. The Design and Design Report are only intended to express the opinion of the Designer or its agent, based on a visible Inspection of accessible portions of structure, systems and items, or existing conditions, a visual inspection of the readily accessible areas of the property/site, any existing components, if any, of any existing OWTS, soil borings/soil backhoe pit, information supplied by the Customer regarding (number of bedrooms, bathrooms, presence of garbage deposal and or dishwasher, and any existing OWTS info if any and anything else the Customer may have regarding such), at the time of Design.